HB5501 Engrossed LRB102 24698 AMC 33937 b
1		AN ACT to revise the law by combining multiple enactments
2		and making technical corrections.
3		Be it enacted by the People of the State of Illinois,
4		represented in the General Assembly:
5		Section 1. Nature of this Act.
6		(a) This Act may be cited as the First 2022 General
7		Revisory Act.
8		(b) This Act is not intended to make any substantive
9		change in the law. It reconciles conflicts that have arisen
10		from multiple amendments and enactments and makes technical
11		corrections and revisions in the law.
12		This Act revises and, where appropriate, renumbers certain
13		Sections that have been added or amended by more than one
14		Public Act. In certain cases in which a repealed Act or Section
15		has been replaced with a successor law, this Act may
16		incorporate amendments to the repealed Act or Section into the
17		successor law. This Act also corrects errors, revises
18		cross-references, and deletes obsolete text.
19		(c) In this Act, the reference at the end of each amended
20		Section indicates the sources in the Session Laws of Illinois
21		that were used in the preparation of the text of that Section.
22		The text of the Section included in this Act is intended to
23		include the different versions of the Section found in the
24		Public Acts included in the list of sources, but may not

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1		include other versions of the Section to be found in Public
2		Acts not included in the list of sources. The list of sources
3		is not a part of the text of the Section.
4		(d) Public Acts 101-652 through 102-691 were considered in
5		the preparation of the combining revisories included in this
6		Act. Many of those combining revisories contain no striking or
7		underscoring because no additional changes are being made in
8		the material that is being combined.
9		Section 5. The Regulatory Sunset Act is amended by
10		changing Section 4.37 as follows:
11		(5 ILCS 80/4.37)
12		(Text of Section before amendment by P.A. 102-683)
13		Sec. 4.37. Acts and Articles repealed on January 1, 2027.
14		The following are repealed on January 1, 2027:
15		The Clinical Psychologist Licensing Act.
16		The Illinois Optometric Practice Act of 1987.
17		Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
18		and XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
19		The Boiler and Pressure Vessel Repairer Regulation Act.
20		The Marriage and Family Therapy Licensing Act.
21		The Boxing and Full-contact Martial Arts Act.
22		The Cemetery Oversight Act.
23		The Community Association Manager Licensing and
24		Disciplinary Act.

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1		The Detection of Deception Examiners Act.
2		The Home Inspector License Act.
3		The Massage Licensing Act.
4		The Medical Practice Act of 1987.
5		The Petroleum Equipment Contractors Licensing Act.
6		The Radiation Protection Act of 1990.
7		The Real Estate Appraiser Licensing Act of 2002.
8		The Registered Interior Designers Act.
9		The Landscape Architecture Registration Act.
10		The Water Well and Pump Installation Contractor's License
11		Act.
12		The Collateral Recovery Act.
13		(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21;
14		102-437, eff. 8-20-21; 102-656, eff. 8-27-21; revised
15		10-13-21.)
16		(Text of Section after amendment by P.A. 102-683)
17		Sec. 4.37. Acts and Articles repealed on January 1, 2027.
18		The following are repealed on January 1, 2027:
19		The Clinical Psychologist Licensing Act.
20		The Illinois Optometric Practice Act of 1987.
21		Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
22		and XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
23		The Boiler and Pressure Vessel Repairer Regulation Act.
24		The Marriage and Family Therapy Licensing Act.
25		The Boxing and Full-contact Martial Arts Act.

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1		The Cemetery Oversight Act.
2		The Community Association Manager Licensing and
3		Disciplinary Act.
4		The Detection of Deception Examiners Act.
5		The Home Inspector License Act.
6		The Massage Licensing Act.
7		The Medical Practice Act of 1987.
8		The Petroleum Equipment Contractors Licensing Act.
9		The Radiation Protection Act of 1990.
10		The Real Estate Appraiser Licensing Act of 2002.
11		The Registered Interior Designers Act.
12		The Landscape Architecture Registration Act.
13		The Water Well and Pump Installation Contractor's License
14		Act.
15		The Collateral Recovery Act.
16		The Licensed Certified Professional Midwife Practice Act.
17		(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21;
18		102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff.
19		10-1-22; revised 1-5-22.)
20		Section 10. The Illinois Administrative Procedure Act is
21		amended by changing Section 5-45 and by setting forth,
22		renumbering, and changing multiple versions of Sections 5-45.8
23		and 5-45.9 as follows:
24		(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)

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1		Sec. 5-45. Emergency rulemaking.
2		(a) "Emergency" means the existence of any situation that
3		any agency finds reasonably constitutes a threat to the public
4		interest, safety, or welfare.
5		(b) If any agency finds that an emergency exists that
6		requires adoption of a rule upon fewer days than is required by
7		Section 5-40 and states in writing its reasons for that
8		finding, the agency may adopt an emergency rule without prior
9		notice or hearing upon filing a notice of emergency rulemaking
10		with the Secretary of State under Section 5-70. The notice
11		shall include the text of the emergency rule and shall be
12		published in the Illinois Register. Consent orders or other
13		court orders adopting settlements negotiated by an agency may
14		be adopted under this Section. Subject to applicable
15		constitutional or statutory provisions, an emergency rule
16		becomes effective immediately upon filing under Section 5-65
17		or at a stated date less than 10 days thereafter. The agency's
18		finding and a statement of the specific reasons for the
19		finding shall be filed with the rule. The agency shall take
20		reasonable and appropriate measures to make emergency rules
21		known to the persons who may be affected by them.
22		(c) An emergency rule may be effective for a period of not
23		longer than 150 days, but the agency's authority to adopt an
24		identical rule under Section 5-40 is not precluded. No
25		emergency rule may be adopted more than once in any 24-month
26		period, except that this limitation on the number of emergency

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1		rules that may be adopted in a 24-month period does not apply
2		to (i) emergency rules that make additions to and deletions
3		from the Drug Manual under Section 5-5.16 of the Illinois
4		Public Aid Code or the generic drug formulary under Section
5		3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
6		emergency rules adopted by the Pollution Control Board before
7		July 1, 1997 to implement portions of the Livestock Management
8		Facilities Act, (iii) emergency rules adopted by the Illinois
9		Department of Public Health under subsections (a) through (i)
10		of Section 2 of the Department of Public Health Act when
11		necessary to protect the public's health, (iv) emergency rules
12		adopted pursuant to subsection (n) of this Section, (v)
13		emergency rules adopted pursuant to subsection (o) of this
14		Section, or (vi) emergency rules adopted pursuant to
15		subsection (c-5) of this Section. Two or more emergency rules
16		having substantially the same purpose and effect shall be
17		deemed to be a single rule for purposes of this Section.
18		(c-5) To facilitate the maintenance of the program of
19		group health benefits provided to annuitants, survivors, and
20		retired employees under the State Employees Group Insurance
21		Act of 1971, rules to alter the contributions to be paid by the
22		State, annuitants, survivors, retired employees, or any
23		combination of those entities, for that program of group
24		health benefits, shall be adopted as emergency rules. The
25		adoption of those rules shall be considered an emergency and
26		necessary for the public interest, safety, and welfare.

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1		(d) In order to provide for the expeditious and timely
2		implementation of the State's fiscal year 1999 budget,
3		emergency rules to implement any provision of Public Act
4		90-587 or 90-588 or any other budget initiative for fiscal
5		year 1999 may be adopted in accordance with this Section by the
6		agency charged with administering that provision or
7		initiative, except that the 24-month limitation on the
8		adoption of emergency rules and the provisions of Sections
9		5-115 and 5-125 do not apply to rules adopted under this
10		subsection (d). The adoption of emergency rules authorized by
11		this subsection (d) shall be deemed to be necessary for the
12		public interest, safety, and welfare.
13		(e) In order to provide for the expeditious and timely
14		implementation of the State's fiscal year 2000 budget,
15		emergency rules to implement any provision of Public Act 91-24
16		or any other budget initiative for fiscal year 2000 may be
17		adopted in accordance with this Section by the agency charged
18		with administering that provision or initiative, except that
19		the 24-month limitation on the adoption of emergency rules and
20		the provisions of Sections 5-115 and 5-125 do not apply to
21		rules adopted under this subsection (e). The adoption of
22		emergency rules authorized by this subsection (e) shall be
23		deemed to be necessary for the public interest, safety, and
24		welfare.
25		(f) In order to provide for the expeditious and timely
26		implementation of the State's fiscal year 2001 budget,

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1		emergency rules to implement any provision of Public Act
2		91-712 or any other budget initiative for fiscal year 2001 may
3		be adopted in accordance with this Section by the agency
4		charged with administering that provision or initiative,
5		except that the 24-month limitation on the adoption of
6		emergency rules and the provisions of Sections 5-115 and 5-125
7		do not apply to rules adopted under this subsection (f). The
8		adoption of emergency rules authorized by this subsection (f)
9		shall be deemed to be necessary for the public interest,
10		safety, and welfare.
11		(g) In order to provide for the expeditious and timely
12		implementation of the State's fiscal year 2002 budget,
13		emergency rules to implement any provision of Public Act 92-10
14		or any other budget initiative for fiscal year 2002 may be
15		adopted in accordance with this Section by the agency charged
16		with administering that provision or initiative, except that
17		the 24-month limitation on the adoption of emergency rules and
18		the provisions of Sections 5-115 and 5-125 do not apply to
19		rules adopted under this subsection (g). The adoption of
20		emergency rules authorized by this subsection (g) shall be
21		deemed to be necessary for the public interest, safety, and
22		welfare.
23		(h) In order to provide for the expeditious and timely
24		implementation of the State's fiscal year 2003 budget,
25		emergency rules to implement any provision of Public Act
26		92-597 or any other budget initiative for fiscal year 2003 may

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1		be adopted in accordance with this Section by the agency
2		charged with administering that provision or initiative,
3		except that the 24-month limitation on the adoption of
4		emergency rules and the provisions of Sections 5-115 and 5-125
5		do not apply to rules adopted under this subsection (h). The
6		adoption of emergency rules authorized by this subsection (h)
7		shall be deemed to be necessary for the public interest,
8		safety, and welfare.
9		(i) In order to provide for the expeditious and timely
10		implementation of the State's fiscal year 2004 budget,
11		emergency rules to implement any provision of Public Act 93-20
12		or any other budget initiative for fiscal year 2004 may be
13		adopted in accordance with this Section by the agency charged
14		with administering that provision or initiative, except that
15		the 24-month limitation on the adoption of emergency rules and
16		the provisions of Sections 5-115 and 5-125 do not apply to
17		rules adopted under this subsection (i). The adoption of
18		emergency rules authorized by this subsection (i) shall be
19		deemed to be necessary for the public interest, safety, and
20		welfare.
21		(j) In order to provide for the expeditious and timely
22		implementation of the provisions of the State's fiscal year
23		2005 budget as provided under the Fiscal Year 2005 Budget
24		Implementation (Human Services) Act, emergency rules to
25		implement any provision of the Fiscal Year 2005 Budget
26		Implementation (Human Services) Act may be adopted in

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1		accordance with this Section by the agency charged with
2		administering that provision, except that the 24-month
3		limitation on the adoption of emergency rules and the
4		provisions of Sections 5-115 and 5-125 do not apply to rules
5		adopted under this subsection (j). The Department of Public
6		Aid may also adopt rules under this subsection (j) necessary
7		to administer the Illinois Public Aid Code and the Children's
8		Health Insurance Program Act. The adoption of emergency rules
9		authorized by this subsection (j) shall be deemed to be
10		necessary for the public interest, safety, and welfare.
11		(k) In order to provide for the expeditious and timely
12		implementation of the provisions of the State's fiscal year
13		2006 budget, emergency rules to implement any provision of
14		Public Act 94-48 or any other budget initiative for fiscal
15		year 2006 may be adopted in accordance with this Section by the
16		agency charged with administering that provision or
17		initiative, except that the 24-month limitation on the
18		adoption of emergency rules and the provisions of Sections
19		5-115 and 5-125 do not apply to rules adopted under this
20		subsection (k). The Department of Healthcare and Family
21		Services may also adopt rules under this subsection (k)
22		necessary to administer the Illinois Public Aid Code, the
23		Senior Citizens and Persons with Disabilities Property Tax
24		Relief Act, the Senior Citizens and Disabled Persons
25		Prescription Drug Discount Program Act (now the Illinois
26		Prescription Drug Discount Program Act), and the Children's

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1		Health Insurance Program Act. The adoption of emergency rules
2		authorized by this subsection (k) shall be deemed to be
3		necessary for the public interest, safety, and welfare.
4		(l) In order to provide for the expeditious and timely
5		implementation of the provisions of the State's fiscal year
6		2007 budget, the Department of Healthcare and Family Services
7		may adopt emergency rules during fiscal year 2007, including
8		rules effective July 1, 2007, in accordance with this
9		subsection to the extent necessary to administer the
10		Department's responsibilities with respect to amendments to
11		the State plans and Illinois waivers approved by the federal
12		Centers for Medicare and Medicaid Services necessitated by the
13		requirements of Title XIX and Title XXI of the federal Social
14		Security Act. The adoption of emergency rules authorized by
15		this subsection (l) shall be deemed to be necessary for the
16		public interest, safety, and welfare.
17		(m) In order to provide for the expeditious and timely
18		implementation of the provisions of the State's fiscal year
19		2008 budget, the Department of Healthcare and Family Services
20		may adopt emergency rules during fiscal year 2008, including
21		rules effective July 1, 2008, in accordance with this
22		subsection to the extent necessary to administer the
23		Department's responsibilities with respect to amendments to
24		the State plans and Illinois waivers approved by the federal
25		Centers for Medicare and Medicaid Services necessitated by the
26		requirements of Title XIX and Title XXI of the federal Social

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1		Security Act. The adoption of emergency rules authorized by
2		this subsection (m) shall be deemed to be necessary for the
3		public interest, safety, and welfare.
4		(n) In order to provide for the expeditious and timely
5		implementation of the provisions of the State's fiscal year
6		2010 budget, emergency rules to implement any provision of
7		Public Act 96-45 or any other budget initiative authorized by
8		the 96th General Assembly for fiscal year 2010 may be adopted
9		in accordance with this Section by the agency charged with
10		administering that provision or initiative. The adoption of
11		emergency rules authorized by this subsection (n) shall be
12		deemed to be necessary for the public interest, safety, and
13		welfare. The rulemaking authority granted in this subsection
14		(n) shall apply only to rules promulgated during Fiscal Year
15		2010.
16		(o) In order to provide for the expeditious and timely
17		implementation of the provisions of the State's fiscal year
18		2011 budget, emergency rules to implement any provision of
19		Public Act 96-958 or any other budget initiative authorized by
20		the 96th General Assembly for fiscal year 2011 may be adopted
21		in accordance with this Section by the agency charged with
22		administering that provision or initiative. The adoption of
23		emergency rules authorized by this subsection (o) is deemed to
24		be necessary for the public interest, safety, and welfare. The
25		rulemaking authority granted in this subsection (o) applies
26		only to rules promulgated on or after July 1, 2010 (the

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1		effective date of Public Act 96-958) through June 30, 2011.
2		(p) In order to provide for the expeditious and timely
3		implementation of the provisions of Public Act 97-689,
4		emergency rules to implement any provision of Public Act
5		97-689 may be adopted in accordance with this subsection (p)
6		by the agency charged with administering that provision or
7		initiative. The 150-day limitation of the effective period of
8		emergency rules does not apply to rules adopted under this
9		subsection (p), and the effective period may continue through
10		June 30, 2013. The 24-month limitation on the adoption of
11		emergency rules does not apply to rules adopted under this
12		subsection (p). The adoption of emergency rules authorized by
13		this subsection (p) is deemed to be necessary for the public
14		interest, safety, and welfare.
15		(q) In order to provide for the expeditious and timely
16		implementation of the provisions of Articles 7, 8, 9, 11, and
17		12 of Public Act 98-104, emergency rules to implement any
18		provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
19		may be adopted in accordance with this subsection (q) by the
20		agency charged with administering that provision or
21		initiative. The 24-month limitation on the adoption of
22		emergency rules does not apply to rules adopted under this
23		subsection (q). The adoption of emergency rules authorized by
24		this subsection (q) is deemed to be necessary for the public
25		interest, safety, and welfare.
26		(r) In order to provide for the expeditious and timely

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1		implementation of the provisions of Public Act 98-651,
2		emergency rules to implement Public Act 98-651 may be adopted
3		in accordance with this subsection (r) by the Department of
4		Healthcare and Family Services. The 24-month limitation on the
5		adoption of emergency rules does not apply to rules adopted
6		under this subsection (r). The adoption of emergency rules
7		authorized by this subsection (r) is deemed to be necessary
8		for the public interest, safety, and welfare.
9		(s) In order to provide for the expeditious and timely
10		implementation of the provisions of Sections 5-5b.1 and 5A-2
11		of the Illinois Public Aid Code, emergency rules to implement
12		any provision of Section 5-5b.1 or Section 5A-2 of the
13		Illinois Public Aid Code may be adopted in accordance with
14		this subsection (s) by the Department of Healthcare and Family
15		Services. The rulemaking authority granted in this subsection
16		(s) shall apply only to those rules adopted prior to July 1,
17		2015. Notwithstanding any other provision of this Section, any
18		emergency rule adopted under this subsection (s) shall only
19		apply to payments made for State fiscal year 2015. The
20		adoption of emergency rules authorized by this subsection (s)
21		is deemed to be necessary for the public interest, safety, and
22		welfare.
23		(t) In order to provide for the expeditious and timely
24		implementation of the provisions of Article II of Public Act
25		99-6, emergency rules to implement the changes made by Article
26		II of Public Act 99-6 to the Emergency Telephone System Act may

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1		be adopted in accordance with this subsection (t) by the
2		Department of State Police. The rulemaking authority granted
3		in this subsection (t) shall apply only to those rules adopted
4		prior to July 1, 2016. The 24-month limitation on the adoption
5		of emergency rules does not apply to rules adopted under this
6		subsection (t). The adoption of emergency rules authorized by
7		this subsection (t) is deemed to be necessary for the public
8		interest, safety, and welfare.
9		(u) In order to provide for the expeditious and timely
10		implementation of the provisions of the Burn Victims Relief
11		Act, emergency rules to implement any provision of the Act may
12		be adopted in accordance with this subsection (u) by the
13		Department of Insurance. The rulemaking authority granted in
14		this subsection (u) shall apply only to those rules adopted
15		prior to December 31, 2015. The adoption of emergency rules
16		authorized by this subsection (u) is deemed to be necessary
17		for the public interest, safety, and welfare.
18		(v) In order to provide for the expeditious and timely
19		implementation of the provisions of Public Act 99-516,
20		emergency rules to implement Public Act 99-516 may be adopted
21		in accordance with this subsection (v) by the Department of
22		Healthcare and Family Services. The 24-month limitation on the
23		adoption of emergency rules does not apply to rules adopted
24		under this subsection (v). The adoption of emergency rules
25		authorized by this subsection (v) is deemed to be necessary
26		for the public interest, safety, and welfare.

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1		(w) In order to provide for the expeditious and timely
2		implementation of the provisions of Public Act 99-796,
3		emergency rules to implement the changes made by Public Act
4		99-796 may be adopted in accordance with this subsection (w)
5		by the Adjutant General. The adoption of emergency rules
6		authorized by this subsection (w) is deemed to be necessary
7		for the public interest, safety, and welfare.
8		(x) In order to provide for the expeditious and timely
9		implementation of the provisions of Public Act 99-906,
10		emergency rules to implement subsection (i) of Section
11		16-115D, subsection (g) of Section 16-128A, and subsection (a)
12		of Section 16-128B of the Public Utilities Act may be adopted
13		in accordance with this subsection (x) by the Illinois
14		Commerce Commission. The rulemaking authority granted in this
15		subsection (x) shall apply only to those rules adopted within
16		180 days after June 1, 2017 (the effective date of Public Act
17		99-906). The adoption of emergency rules authorized by this
18		subsection (x) is deemed to be necessary for the public
19		interest, safety, and welfare.
20		(y) In order to provide for the expeditious and timely
21		implementation of the provisions of Public Act 100-23,
22		emergency rules to implement the changes made by Public Act
23		100-23 to Section 4.02 of the Illinois Act on the Aging,
24		Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
25		Section 55-30 of the Alcoholism and Other Drug Abuse and
26		Dependency Act, and Sections 74 and 75 of the Mental Health and

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1		Developmental Disabilities Administrative Act may be adopted
2		in accordance with this subsection (y) by the respective
3		Department. The adoption of emergency rules authorized by this
4		subsection (y) is deemed to be necessary for the public
5		interest, safety, and welfare.
6		(z) In order to provide for the expeditious and timely
7		implementation of the provisions of Public Act 100-554,
8		emergency rules to implement the changes made by Public Act
9		100-554 to Section 4.7 of the Lobbyist Registration Act may be
10		adopted in accordance with this subsection (z) by the
11		Secretary of State. The adoption of emergency rules authorized
12		by this subsection (z) is deemed to be necessary for the public
13		interest, safety, and welfare.
14		(aa) In order to provide for the expeditious and timely
15		initial implementation of the changes made to Articles 5, 5A,
16		12, and 14 of the Illinois Public Aid Code under the provisions
17		of Public Act 100-581, the Department of Healthcare and Family
18		Services may adopt emergency rules in accordance with this
19		subsection (aa). The 24-month limitation on the adoption of
20		emergency rules does not apply to rules to initially implement
21		the changes made to Articles 5, 5A, 12, and 14 of the Illinois
22		Public Aid Code adopted under this subsection (aa). The
23		adoption of emergency rules authorized by this subsection (aa)
24		is deemed to be necessary for the public interest, safety, and
25		welfare.
26		(bb) In order to provide for the expeditious and timely

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1		implementation of the provisions of Public Act 100-587,
2		emergency rules to implement the changes made by Public Act
3		100-587 to Section 4.02 of the Illinois Act on the Aging,
4		Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
5		subsection (b) of Section 55-30 of the Alcoholism and Other
6		Drug Abuse and Dependency Act, Section 5-104 of the
7		Specialized Mental Health Rehabilitation Act of 2013, and
8		Section 75 and subsection (b) of Section 74 of the Mental
9		Health and Developmental Disabilities Administrative Act may
10		be adopted in accordance with this subsection (bb) by the
11		respective Department. The adoption of emergency rules
12		authorized by this subsection (bb) is deemed to be necessary
13		for the public interest, safety, and welfare.
14		(cc) In order to provide for the expeditious and timely
15		implementation of the provisions of Public Act 100-587,
16		emergency rules may be adopted in accordance with this
17		subsection (cc) to implement the changes made by Public Act
18		100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
19		Pension Code by the Board created under Article 14 of the Code;
20		Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
21		the Board created under Article 15 of the Code; and Sections
22		16-190.5 and 16-190.6 of the Illinois Pension Code by the
23		Board created under Article 16 of the Code. The adoption of
24		emergency rules authorized by this subsection (cc) is deemed
25		to be necessary for the public interest, safety, and welfare.
26		(dd) In order to provide for the expeditious and timely

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1		implementation of the provisions of Public Act 100-864,
2		emergency rules to implement the changes made by Public Act
3		100-864 to Section 3.35 of the Newborn Metabolic Screening Act
4		may be adopted in accordance with this subsection (dd) by the
5		Secretary of State. The adoption of emergency rules authorized
6		by this subsection (dd) is deemed to be necessary for the
7		public interest, safety, and welfare.
8		(ee) In order to provide for the expeditious and timely
9		implementation of the provisions of Public Act 100-1172,
10		emergency rules implementing the Illinois Underground Natural
11		Gas Storage Safety Act may be adopted in accordance with this
12		subsection by the Department of Natural Resources. The
13		adoption of emergency rules authorized by this subsection is
14		deemed to be necessary for the public interest, safety, and
15		welfare.
16		(ff) In order to provide for the expeditious and timely
17		initial implementation of the changes made to Articles 5A and
18		14 of the Illinois Public Aid Code under the provisions of
19		Public Act 100-1181, the Department of Healthcare and Family
20		Services may on a one-time-only basis adopt emergency rules in
21		accordance with this subsection (ff). The 24-month limitation
22		on the adoption of emergency rules does not apply to rules to
23		initially implement the changes made to Articles 5A and 14 of
24		the Illinois Public Aid Code adopted under this subsection
25		(ff). The adoption of emergency rules authorized by this
26		subsection (ff) is deemed to be necessary for the public

HB5501 Engrossed - 20 - LRB102 24698 AMC 33937 b
1		interest, safety, and welfare.
2		(gg) In order to provide for the expeditious and timely
3		implementation of the provisions of Public Act 101-1,
4		emergency rules may be adopted by the Department of Labor in
5		accordance with this subsection (gg) to implement the changes
6		made by Public Act 101-1 to the Minimum Wage Law. The adoption
7		of emergency rules authorized by this subsection (gg) is
8		deemed to be necessary for the public interest, safety, and
9		welfare.
10		(hh) In order to provide for the expeditious and timely
11		implementation of the provisions of Public Act 101-10,
12		emergency rules may be adopted in accordance with this
13		subsection (hh) to implement the changes made by Public Act
14		101-10 to subsection (j) of Section 5-5.2 of the Illinois
15		Public Aid Code. The adoption of emergency rules authorized by
16		this subsection (hh) is deemed to be necessary for the public
17		interest, safety, and welfare.
18		(ii) In order to provide for the expeditious and timely
19		implementation of the provisions of Public Act 101-10,
20		emergency rules to implement the changes made by Public Act
21		101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
22		Code may be adopted in accordance with this subsection (ii) by
23		the Department of Public Health. The adoption of emergency
24		rules authorized by this subsection (ii) is deemed to be
25		necessary for the public interest, safety, and welfare.
26		(jj) In order to provide for the expeditious and timely

HB5501 Engrossed - 21 - LRB102 24698 AMC 33937 b
1		implementation of the provisions of Public Act 101-10,
2		emergency rules to implement the changes made by Public Act
3		101-10 to Section 74 of the Mental Health and Developmental
4		Disabilities Administrative Act may be adopted in accordance
5		with this subsection (jj) by the Department of Human Services.
6		The adoption of emergency rules authorized by this subsection
7		(jj) is deemed to be necessary for the public interest,
8		safety, and welfare.
9		(kk) In order to provide for the expeditious and timely
10		implementation of the Cannabis Regulation and Tax Act, Public
11		Act 101-27, and Public Act 102-98 this amendatory Act of the
12		102nd General Assembly, the Department of Revenue, the
13		Department of Public Health, the Department of Agriculture,
14		the Department of State Police, and the Department of
15		Financial and Professional Regulation may adopt emergency
16		rules in accordance with this subsection (kk). The rulemaking
17		authority granted in this subsection (kk) shall apply only to
18		rules adopted before December 31, 2021. Notwithstanding the
19		provisions of subsection (c), emergency rules adopted under
20		this subsection (kk) shall be effective for 180 days. The
21		adoption of emergency rules authorized by this subsection (kk)
22		is deemed to be necessary for the public interest, safety, and
23		welfare.
24		(ll) In order to provide for the expeditious and timely
25		implementation of the provisions of the Leveling the Playing
26		Field for Illinois Retail Act, emergency rules may be adopted

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1		in accordance with this subsection (ll) to implement the
2		changes made by the Leveling the Playing Field for Illinois
3		Retail Act. The adoption of emergency rules authorized by this
4		subsection (ll) is deemed to be necessary for the public
5		interest, safety, and welfare.
6		(mm) In order to provide for the expeditious and timely
7		implementation of the provisions of Section 25-70 of the
8		Sports Wagering Act, emergency rules to implement Section
9		25-70 of the Sports Wagering Act may be adopted in accordance
10		with this subsection (mm) by the Department of the Lottery as
11		provided in the Sports Wagering Act. The adoption of emergency
12		rules authorized by this subsection (mm) is deemed to be
13		necessary for the public interest, safety, and welfare.
14		(nn) In order to provide for the expeditious and timely
15		implementation of the Sports Wagering Act, emergency rules to
16		implement the Sports Wagering Act may be adopted in accordance
17		with this subsection (nn) by the Illinois Gaming Board. The
18		adoption of emergency rules authorized by this subsection (nn)
19		is deemed to be necessary for the public interest, safety, and
20		welfare.
21		(oo) In order to provide for the expeditious and timely
22		implementation of the provisions of subsection (c) of Section
23		20 of the Video Gaming Act, emergency rules to implement the
24		provisions of subsection (c) of Section 20 of the Video Gaming
25		Act may be adopted in accordance with this subsection (oo) by
26		the Illinois Gaming Board. The adoption of emergency rules

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1		authorized by this subsection (oo) is deemed to be necessary
2		for the public interest, safety, and welfare.
3		(pp) In order to provide for the expeditious and timely
4		implementation of the provisions of Section 50 of the Sexual
5		Assault Evidence Submission Act, emergency rules to implement
6		Section 50 of the Sexual Assault Evidence Submission Act may
7		be adopted in accordance with this subsection (pp) by the
8		Department of State Police. The adoption of emergency rules
9		authorized by this subsection (pp) is deemed to be necessary
10		for the public interest, safety, and welfare.
11		(qq) In order to provide for the expeditious and timely
12		implementation of the provisions of the Illinois Works Jobs
13		Program Act, emergency rules may be adopted in accordance with
14		this subsection (qq) to implement the Illinois Works Jobs
15		Program Act. The adoption of emergency rules authorized by
16		this subsection (qq) is deemed to be necessary for the public
17		interest, safety, and welfare.
18		(rr) In order to provide for the expeditious and timely
19		implementation of the provisions of subsection (c) of Section
20		2-3.130 of the School Code, emergency rules to implement
21		subsection (c) of Section 2-3.130 of the School Code may be
22		adopted in accordance with this subsection (rr) by the State
23		Board of Education. The adoption of emergency rules authorized
24		by this subsection (rr) is deemed to be necessary for the
25		public interest, safety, and welfare.
26		(Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section

HB5501 Engrossed - 24 - LRB102 24698 AMC 33937 b
1		20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff.
2		6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section
3		15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff.
4		6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19;
5		101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff.
6		7-15-21; 102-339, eff. 8-13-21; revised 10-6-21.)
7		(5 ILCS 100/5-45.8)
8		(Section scheduled to be repealed on June 17, 2022)
9		Sec. 5-45.8. Emergency rulemaking; federal American Rescue
10		Plan Act of 2021. To provide for the expeditious and timely
11		implementation of the distribution of federal Coronavirus
12		Local Fiscal Recovery Fund moneys to eligible units of local
13		government in accordance with the Section 9901 of the federal
14		American Rescue Plan Act of 2021, emergency rules may be
15		adopted by any State agency authorized thereunder to so
16		implement the distribution. The adoption of emergency rules
17		authorized by Section 5-45 and this Section is deemed to be
18		necessary for the public interest, safety, and welfare.
19		This Section is repealed June 17, 2022 (one year after the
20		effective date of Public Act 102-16) this amendatory Act of
21		the 102nd General Assembly.
22		(Source: P.A. 102-16, eff. 6-17-21; revised 10-22-21.)
23		(5 ILCS 100/5-45.9)
24		(Section scheduled to be repealed on June 17, 2022)

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1		Sec. 5-45.9. Emergency rulemaking; Illinois Public Aid
2		Code. To provide for the expeditious and timely implementation
3		of the changes made to Articles 5 and 12 of the Illinois Public
4		Aid Code by Public Act 102-16 this amendatory Act of the 102nd
5		General Assembly, emergency rules implementing the changes
6		made to Articles 5 and 12 of the Illinois Public Aid Code by
7		Public Act 102-16 this amendatory Act of the 102nd General
8		Assembly may be adopted in accordance with Section 5-45 by the
9		Department of Healthcare and Family Services or other
10		department essential to the implementation of the changes. The
11		adoption of emergency rules authorized by Section 5-45 and
12		this Section is deemed to be necessary for the public
13		interest, safety, and welfare.
14		This Section is repealed June 17, 2022 (one year after the
15		effective date of Public Act 102-16) this amendatory Act of
16		the 102nd General Assembly.
17		(Source: P.A. 102-16, eff. 6-17-21; revised 10-25-21.)
18		(5 ILCS 100/5-45.15)
19		Sec. 5-45.15 5-45.8. (Repealed).
20		(Source: P.A. 102-39, eff. 6-25-21; revised 1-5-22. Repealed
21		internally, eff. 1-1-22.)
22		(5 ILCS 100/5-45.16)
23		(Section scheduled to be repealed on January 1, 2027)
24		Sec. 5-45.16 5-45.8. Emergency rulemaking; Medicaid

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1		eligibility expansion. To provide for the expeditious and
2		timely implementation of the changes made to paragraph 6 of
3		Section 5-2 of the Illinois Public Aid Code by Public Act
4		102-43 this amendatory Act of the 102nd General Assembly,
5		emergency rules implementing the changes made to paragraph 6
6		of Section 5-2 of the Illinois Public Aid Code by Public Act
7		102-43 this amendatory Act of the 102nd General Assembly may
8		be adopted in accordance with Section 5-45 by the Department
9		of Healthcare and Family Services. The adoption of emergency
10		rules authorized by Section 5-45 and this Section is deemed to
11		be necessary for the public interest, safety, and welfare.
12		This Section is repealed on January 1, 2027.
13		(Source: P.A. 102-43, eff. 7-6-21; revised 10-22-21.)
14		(5 ILCS 100/5-45.17)
15		Sec. 5-45.17 5-45.8. (Repealed).
16		(Source: P.A. 102-104, eff. 7-22-21; revised 1-5-22. Repealed
17		internally, eff. 1-1-22.)
18		(5 ILCS 100/5-45.18)
19		(Section scheduled to be repealed on January 1, 2027)
20		Sec. 5-45.18 5-45.8. Emergency rulemaking; Nursing Home
21		Care Act. To provide for the expeditious and timely
22		implementation of Public Act 102-640 this amendatory Act of
23		the 102nd General Assembly, emergency rules implementing
24		Section 3-102.3 of the Nursing Home Care Act may be adopted in

HB5501 Engrossed - 27 - LRB102 24698 AMC 33937 b
1		accordance with Section 5-45 by the Department of Public
2		Health. The adoption of emergency rules authorized by Section
3		5-45 and this Section is deemed to be necessary for the public
4		interest, safety, and welfare.
5		This Section is repealed on January 1, 2027.
6		(Source: P.A. 102-640, eff. 8-27-21; revised 10-22-21.)
7		(5 ILCS 100/5-45.19)
8		(Section scheduled to be repealed on September 15, 2022)
9		Sec. 5-45.19 5-45.9. Emergency rulemaking; Multi-Year
10		Integrated Grid Plans. To provide for the expeditious and
11		timely implementation of Section 16-105.17 of the Public
12		Utilities Act, emergency rules implementing Section 16-105.17
13		of the Public Utilities Act may be adopted in accordance with
14		Section 5-45 by the Illinois Commerce Commission. The adoption
15		of emergency rules authorized by Section 5-45 and this Section
16		is deemed to be necessary for the public interest, safety, and
17		welfare.
18		This Section is repealed September 15, 2022 (one year
19		after the effective date of Public Act 102-662) this
20		amendatory Act of the 102nd General Assembly.
21		(Source: P.A. 102-662, eff. 9-15-21; revised 10-25-21.)
22		Section 15. The Open Meetings Act is amended by changing
23		Section 2 as follows:

HB5501 Engrossed - 28 - LRB102 24698 AMC 33937 b
1		(5 ILCS 120/2) (from Ch. 102, par. 42)
2		Sec. 2. Open meetings.
3		(a) Openness required. All meetings of public bodies shall
4		be open to the public unless excepted in subsection (c) and
5		closed in accordance with Section 2a.
6		(b) Construction of exceptions. The exceptions contained
7		in subsection (c) are in derogation of the requirement that
8		public bodies meet in the open, and therefore, the exceptions
9		are to be strictly construed, extending only to subjects
10		clearly within their scope. The exceptions authorize but do
11		not require the holding of a closed meeting to discuss a
12		subject included within an enumerated exception.
13		(c) Exceptions. A public body may hold closed meetings to
14		consider the following subjects:
15		(1) The appointment, employment, compensation,
16		discipline, performance, or dismissal of specific
17		employees, specific individuals who serve as independent
18		contractors in a park, recreational, or educational
19		setting, or specific volunteers of the public body or
20		legal counsel for the public body, including hearing
21		testimony on a complaint lodged against an employee, a
22		specific individual who serves as an independent
23		contractor in a park, recreational, or educational
24		setting, or a volunteer of the public body or against
25		legal counsel for the public body to determine its
26		validity. However, a meeting to consider an increase in

HB5501 Engrossed - 29 - LRB102 24698 AMC 33937 b
1		compensation to a specific employee of a public body that
2		is subject to the Local Government Wage Increase
3		Transparency Act may not be closed and shall be open to the
4		public and posted and held in accordance with this Act.
5		(2) Collective negotiating matters between the public
6		body and its employees or their representatives, or
7		deliberations concerning salary schedules for one or more
8		classes of employees.
9		(3) The selection of a person to fill a public office,
10		as defined in this Act, including a vacancy in a public
11		office, when the public body is given power to appoint
12		under law or ordinance, or the discipline, performance or
13		removal of the occupant of a public office, when the
14		public body is given power to remove the occupant under
15		law or ordinance.
16		(4) Evidence or testimony presented in open hearing,
17		or in closed hearing where specifically authorized by law,
18		to a quasi-adjudicative body, as defined in this Act,
19		provided that the body prepares and makes available for
20		public inspection a written decision setting forth its
21		determinative reasoning.
22		(5) The purchase or lease of real property for the use
23		of the public body, including meetings held for the
24		purpose of discussing whether a particular parcel should
25		be acquired.
26		(6) The setting of a price for sale or lease of

HB5501 Engrossed - 30 - LRB102 24698 AMC 33937 b
1		property owned by the public body.
2		(7) The sale or purchase of securities, investments,
3		or investment contracts. This exception shall not apply to
4		the investment of assets or income of funds deposited into
5		the Illinois Prepaid Tuition Trust Fund.
6		(8) Security procedures, school building safety and
7		security, and the use of personnel and equipment to
8		respond to an actual, a threatened, or a reasonably
9		potential danger to the safety of employees, students,
10		staff, the public, or public property.
11		(9) Student disciplinary cases.
12		(10) The placement of individual students in special
13		education programs and other matters relating to
14		individual students.
15		(11) Litigation, when an action against, affecting or
16		on behalf of the particular public body has been filed and
17		is pending before a court or administrative tribunal, or
18		when the public body finds that an action is probable or
19		imminent, in which case the basis for the finding shall be
20		recorded and entered into the minutes of the closed
21		meeting.
22		(12) The establishment of reserves or settlement of
23		claims as provided in the Local Governmental and
24		Governmental Employees Tort Immunity Act, if otherwise the
25		disposition of a claim or potential claim might be
26		prejudiced, or the review or discussion of claims, loss or

HB5501 Engrossed - 31 - LRB102 24698 AMC 33937 b
1		risk management information, records, data, advice or
2		communications from or with respect to any insurer of the
3		public body or any intergovernmental risk management
4		association or self insurance pool of which the public
5		body is a member.
6		(13) Conciliation of complaints of discrimination in
7		the sale or rental of housing, when closed meetings are
8		authorized by the law or ordinance prescribing fair
9		housing practices and creating a commission or
10		administrative agency for their enforcement.
11		(14) Informant sources, the hiring or assignment of
12		undercover personnel or equipment, or ongoing, prior or
13		future criminal investigations, when discussed by a public
14		body with criminal investigatory responsibilities.
15		(15) Professional ethics or performance when
16		considered by an advisory body appointed to advise a
17		licensing or regulatory agency on matters germane to the
18		advisory body's field of competence.
19		(16) Self evaluation, practices and procedures or
20		professional ethics, when meeting with a representative of
21		a statewide association of which the public body is a
22		member.
23		(17) The recruitment, credentialing, discipline or
24		formal peer review of physicians or other health care
25		professionals, or for the discussion of matters protected
26		under the federal Patient Safety and Quality Improvement

HB5501 Engrossed - 32 - LRB102 24698 AMC 33937 b
1		Act of 2005, and the regulations promulgated thereunder,
2		including 42 C.F.R. Part 3 (73 FR 70732), or the federal
3		Health Insurance Portability and Accountability Act of
4		1996, and the regulations promulgated thereunder,
5		including 45 C.F.R. Parts 160, 162, and 164, by a
6		hospital, or other institution providing medical care,
7		that is operated by the public body.
8		(18) Deliberations for decisions of the Prisoner
9		Review Board.
10		(19) Review or discussion of applications received
11		under the Experimental Organ Transplantation Procedures
12		Act.
13		(20) The classification and discussion of matters
14		classified as confidential or continued confidential by
15		the State Government Suggestion Award Board.
16		(21) Discussion of minutes of meetings lawfully closed
17		under this Act, whether for purposes of approval by the
18		body of the minutes or semi-annual review of the minutes
19		as mandated by Section 2.06.
20		(22) Deliberations for decisions of the State
21		Emergency Medical Services Disciplinary Review Board.
22		(23) The operation by a municipality of a municipal
23		utility or the operation of a municipal power agency or
24		municipal natural gas agency when the discussion involves
25		(i) contracts relating to the purchase, sale, or delivery
26		of electricity or natural gas or (ii) the results or

HB5501 Engrossed - 33 - LRB102 24698 AMC 33937 b
1		conclusions of load forecast studies.
2		(24) Meetings of a residential health care facility
3		resident sexual assault and death review team or the
4		Executive Council under the Abuse Prevention Review Team
5		Act.
6		(25) Meetings of an independent team of experts under
7		Brian's Law.
8		(26) Meetings of a mortality review team appointed
9		under the Department of Juvenile Justice Mortality Review
10		Team Act.
11		(27) (Blank).
12		(28) Correspondence and records (i) that may not be
13		disclosed under Section 11-9 of the Illinois Public Aid
14		Code or (ii) that pertain to appeals under Section 11-8 of
15		the Illinois Public Aid Code.
16		(29) Meetings between internal or external auditors
17		and governmental audit committees, finance committees, and
18		their equivalents, when the discussion involves internal
19		control weaknesses, identification of potential fraud risk
20		areas, known or suspected frauds, and fraud interviews
21		conducted in accordance with generally accepted auditing
22		standards of the United States of America.
23		(30) Those meetings or portions of meetings of a
24		fatality review team or the Illinois Fatality Review Team
25		Advisory Council during which a review of the death of an
26		eligible adult in which abuse or neglect is suspected,

HB5501 Engrossed - 34 - LRB102 24698 AMC 33937 b
1		alleged, or substantiated is conducted pursuant to Section
2		15 of the Adult Protective Services Act.
3		(31) Meetings and deliberations for decisions of the
4		Concealed Carry Licensing Review Board under the Firearm
5		Concealed Carry Act.
6		(32) Meetings between the Regional Transportation
7		Authority Board and its Service Boards when the discussion
8		involves review by the Regional Transportation Authority
9		Board of employment contracts under Section 28d of the
10		Metropolitan Transit Authority Act and Sections 3A.18 and
11		3B.26 of the Regional Transportation Authority Act.
12		(33) Those meetings or portions of meetings of the
13		advisory committee and peer review subcommittee created
14		under Section 320 of the Illinois Controlled Substances
15		Act during which specific controlled substance prescriber,
16		dispenser, or patient information is discussed.
17		(34) Meetings of the Tax Increment Financing Reform
18		Task Force under Section 2505-800 of the Department of
19		Revenue Law of the Civil Administrative Code of Illinois.
20		(35) Meetings of the group established to discuss
21		Medicaid capitation rates under Section 5-30.8 of the
22		Illinois Public Aid Code.
23		(36) Those deliberations or portions of deliberations
24		for decisions of the Illinois Gaming Board in which there
25		is discussed any of the following: (i) personal,
26		commercial, financial, or other information obtained from

HB5501 Engrossed - 35 - LRB102 24698 AMC 33937 b
1		any source that is privileged, proprietary, confidential,
2		or a trade secret; or (ii) information specifically
3		exempted from the disclosure by federal or State law.
4		(37) Deliberations for decisions of the Illinois Law
5		Enforcement Training Standards Board, the Certification
6		Review Panel, and the Illinois State Police Merit Board
7		regarding certification and decertification.
8		(38) Meetings of the Ad Hoc Statewide Domestic
9		Violence Fatality Review Committee of the Illinois
10		Criminal Justice Information Authority Board that occur in
11		closed executive session under subsection (d) of Section
12		35 of the Domestic Violence Fatality Review Act.
13		(39) Meetings of the regional review teams under
14		subsection (a) of Section 75 of the Domestic Violence
15		Fatality Review Act.
16		(40) (38) Meetings of the Firearm Owner's
17		Identification Card Review Board under Section 10 of the
18		Firearm Owners Identification Card Act.
19		(d) Definitions. For purposes of this Section:
20		"Employee" means a person employed by a public body whose
21		relationship with the public body constitutes an
22		employer-employee relationship under the usual common law
23		rules, and who is not an independent contractor.
24		"Public office" means a position created by or under the
25		Constitution or laws of this State, the occupant of which is
26		charged with the exercise of some portion of the sovereign

HB5501 Engrossed - 36 - LRB102 24698 AMC 33937 b
1		power of this State. The term "public office" shall include
2		members of the public body, but it shall not include
3		organizational positions filled by members thereof, whether
4		established by law or by a public body itself, that exist to
5		assist the body in the conduct of its business.
6		"Quasi-adjudicative body" means an administrative body
7		charged by law or ordinance with the responsibility to conduct
8		hearings, receive evidence or testimony and make
9		determinations based thereon, but does not include local
10		electoral boards when such bodies are considering petition
11		challenges.
12		(e) Final action. No final action may be taken at a closed
13		meeting. Final action shall be preceded by a public recital of
14		the nature of the matter being considered and other
15		information that will inform the public of the business being
16		conducted.
17		(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
18		101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
19		8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)
20		Section 20. The Freedom of Information Act is amended by
21		changing Section 7.5 as follows:
22		(5 ILCS 140/7.5)
23		Sec. 7.5. Statutory exemptions. To the extent provided for
24		by the statutes referenced below, the following shall be

HB5501 Engrossed - 37 - LRB102 24698 AMC 33937 b
1		exempt from inspection and copying:
2		(a) All information determined to be confidential
3		under Section 4002 of the Technology Advancement and
4		Development Act.
5		(b) Library circulation and order records identifying
6		library users with specific materials under the Library
7		Records Confidentiality Act.
8		(c) Applications, related documents, and medical
9		records received by the Experimental Organ Transplantation
10		Procedures Board and any and all documents or other
11		records prepared by the Experimental Organ Transplantation
12		Procedures Board or its staff relating to applications it
13		has received.
14		(d) Information and records held by the Department of
15		Public Health and its authorized representatives relating
16		to known or suspected cases of sexually transmissible
17		disease or any information the disclosure of which is
18		restricted under the Illinois Sexually Transmissible
19		Disease Control Act.
20		(e) Information the disclosure of which is exempted
21		under Section 30 of the Radon Industry Licensing Act.
22		(f) Firm performance evaluations under Section 55 of
23		the Architectural, Engineering, and Land Surveying
24		Qualifications Based Selection Act.
25		(g) Information the disclosure of which is restricted
26		and exempted under Section 50 of the Illinois Prepaid

HB5501 Engrossed - 38 - LRB102 24698 AMC 33937 b
1		Tuition Act.
2		(h) Information the disclosure of which is exempted
3		under the State Officials and Employees Ethics Act, and
4		records of any lawfully created State or local inspector
5		general's office that would be exempt if created or
6		obtained by an Executive Inspector General's office under
7		that Act.
8		(i) Information contained in a local emergency energy
9		plan submitted to a municipality in accordance with a
10		local emergency energy plan ordinance that is adopted
11		under Section 11-21.5-5 of the Illinois Municipal Code.
12		(j) Information and data concerning the distribution
13		of surcharge moneys collected and remitted by carriers
14		under the Emergency Telephone System Act.
15		(k) Law enforcement officer identification information
16		or driver identification information compiled by a law
17		enforcement agency or the Department of Transportation
18		under Section 11-212 of the Illinois Vehicle Code.
19		(l) Records and information provided to a residential
20		health care facility resident sexual assault and death
21		review team or the Executive Council under the Abuse
22		Prevention Review Team Act.
23		(m) Information provided to the predatory lending
24		database created pursuant to Article 3 of the Residential
25		Real Property Disclosure Act, except to the extent
26		authorized under that Article.

HB5501 Engrossed - 39 - LRB102 24698 AMC 33937 b
1		(n) Defense budgets and petitions for certification of
2		compensation and expenses for court appointed trial
3		counsel as provided under Sections 10 and 15 of the
4		Capital Crimes Litigation Act. This subsection (n) shall
5		apply until the conclusion of the trial of the case, even
6		if the prosecution chooses not to pursue the death penalty
7		prior to trial or sentencing.
8		(o) Information that is prohibited from being
9		disclosed under Section 4 of the Illinois Health and
10		Hazardous Substances Registry Act.
11		(p) Security portions of system safety program plans,
12		investigation reports, surveys, schedules, lists, data, or
13		information compiled, collected, or prepared by or for the
14		Department of Transportation under Sections 2705-300 and
15		2705-616 of the Department of Transportation Law of the
16		Civil Administrative Code of Illinois, the Regional
17		Transportation Authority under Section 2.11 of the
18		Regional Transportation Authority Act, or the St. Clair
19		County Transit District under the Bi-State Transit Safety
20		Act.
21		(q) Information prohibited from being disclosed by the
22		Personnel Record Review Act.
23		(r) Information prohibited from being disclosed by the
24		Illinois School Student Records Act.
25		(s) Information the disclosure of which is restricted
26		under Section 5-108 of the Public Utilities Act.

HB5501 Engrossed - 40 - LRB102 24698 AMC 33937 b
1		(t) All identified or deidentified health information
2		in the form of health data or medical records contained
3		in, stored in, submitted to, transferred by, or released
4		from the Illinois Health Information Exchange, and
5		identified or deidentified health information in the form
6		of health data and medical records of the Illinois Health
7		Information Exchange in the possession of the Illinois
8		Health Information Exchange Office due to its
9		administration of the Illinois Health Information
10		Exchange. The terms "identified" and "deidentified" shall
11		be given the same meaning as in the Health Insurance
12		Portability and Accountability Act of 1996, Public Law
13		104-191, or any subsequent amendments thereto, and any
14		regulations promulgated thereunder.
15		(u) Records and information provided to an independent
16		team of experts under the Developmental Disability and
17		Mental Health Safety Act (also known as Brian's Law).
18		(v) Names and information of people who have applied
19		for or received Firearm Owner's Identification Cards under
20		the Firearm Owners Identification Card Act or applied for
21		or received a concealed carry license under the Firearm
22		Concealed Carry Act, unless otherwise authorized by the
23		Firearm Concealed Carry Act; and databases under the
24		Firearm Concealed Carry Act, records of the Concealed
25		Carry Licensing Review Board under the Firearm Concealed
26		Carry Act, and law enforcement agency objections under the

HB5501 Engrossed - 41 - LRB102 24698 AMC 33937 b
1		Firearm Concealed Carry Act.
2		(v-5) Records of the Firearm Owner's Identification
3		Card Review Board that are exempted from disclosure under
4		Section 10 of the Firearm Owners Identification Card Act.
5		(w) Personally identifiable information which is
6		exempted from disclosure under subsection (g) of Section
7		19.1 of the Toll Highway Act.
8		(x) Information which is exempted from disclosure
9		under Section 5-1014.3 of the Counties Code or Section
10		8-11-21 of the Illinois Municipal Code.
11		(y) Confidential information under the Adult
12		Protective Services Act and its predecessor enabling
13		statute, the Elder Abuse and Neglect Act, including
14		information about the identity and administrative finding
15		against any caregiver of a verified and substantiated
16		decision of abuse, neglect, or financial exploitation of
17		an eligible adult maintained in the Registry established
18		under Section 7.5 of the Adult Protective Services Act.
19		(z) Records and information provided to a fatality
20		review team or the Illinois Fatality Review Team Advisory
21		Council under Section 15 of the Adult Protective Services
22		Act.
23		(aa) Information which is exempted from disclosure
24		under Section 2.37 of the Wildlife Code.
25		(bb) Information which is or was prohibited from
26		disclosure by the Juvenile Court Act of 1987.

HB5501 Engrossed - 42 - LRB102 24698 AMC 33937 b
1		(cc) Recordings made under the Law Enforcement
2		Officer-Worn Body Camera Act, except to the extent
3		authorized under that Act.
4		(dd) Information that is prohibited from being
5		disclosed under Section 45 of the Condominium and Common
6		Interest Community Ombudsperson Act.
7		(ee) Information that is exempted from disclosure
8		under Section 30.1 of the Pharmacy Practice Act.
9		(ff) Information that is exempted from disclosure
10		under the Revised Uniform Unclaimed Property Act.
11		(gg) Information that is prohibited from being
12		disclosed under Section 7-603.5 of the Illinois Vehicle
13		Code.
14		(hh) Records that are exempt from disclosure under
15		Section 1A-16.7 of the Election Code.
16		(ii) Information which is exempted from disclosure
17		under Section 2505-800 of the Department of Revenue Law of
18		the Civil Administrative Code of Illinois.
19		(jj) Information and reports that are required to be
20		submitted to the Department of Labor by registering day
21		and temporary labor service agencies but are exempt from
22		disclosure under subsection (a-1) of Section 45 of the Day
23		and Temporary Labor Services Act.
24		(kk) Information prohibited from disclosure under the
25		Seizure and Forfeiture Reporting Act.
26		(ll) Information the disclosure of which is restricted

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1		and exempted under Section 5-30.8 of the Illinois Public
2		Aid Code.
3		(mm) Records that are exempt from disclosure under
4		Section 4.2 of the Crime Victims Compensation Act.
5		(nn) Information that is exempt from disclosure under
6		Section 70 of the Higher Education Student Assistance Act.
7		(oo) Communications, notes, records, and reports
8		arising out of a peer support counseling session
9		prohibited from disclosure under the First Responders
10		Suicide Prevention Act.
11		(pp) Names and all identifying information relating to
12		an employee of an emergency services provider or law
13		enforcement agency under the First Responders Suicide
14		Prevention Act.
15		(qq) Information and records held by the Department of
16		Public Health and its authorized representatives collected
17		under the Reproductive Health Act.
18		(rr) Information that is exempt from disclosure under
19		the Cannabis Regulation and Tax Act.
20		(ss) Data reported by an employer to the Department of
21		Human Rights pursuant to Section 2-108 of the Illinois
22		Human Rights Act.
23		(tt) Recordings made under the Children's Advocacy
24		Center Act, except to the extent authorized under that
25		Act.
26		(uu) Information that is exempt from disclosure under

HB5501 Engrossed - 44 - LRB102 24698 AMC 33937 b
1		Section 50 of the Sexual Assault Evidence Submission Act.
2		(vv) Information that is exempt from disclosure under
3		subsections (f) and (j) of Section 5-36 of the Illinois
4		Public Aid Code.
5		(ww) Information that is exempt from disclosure under
6		Section 16.8 of the State Treasurer Act.
7		(xx) Information that is exempt from disclosure or
8		information that shall not be made public under the
9		Illinois Insurance Code.
10		(yy) Information prohibited from being disclosed under
11		the Illinois Educational Labor Relations Act.
12		(zz) Information prohibited from being disclosed under
13		the Illinois Public Labor Relations Act.
14		(aaa) Information prohibited from being disclosed
15		under Section 1-167 of the Illinois Pension Code.
16		(bbb) (ccc) Information that is prohibited from
17		disclosure by the Illinois Police Training Act and the
18		Illinois State Police Act.
19		(ccc) (ddd) Records exempt from disclosure under
20		Section 2605-304 of the Illinois Department of State
21		Police Law of the Civil Administrative Code of Illinois.
22		(ddd) (bbb) Information prohibited from being
23		disclosed under Section 35 of the Address Confidentiality
24		for Victims of Domestic Violence, Sexual Assault, Human
25		Trafficking, or Stalking Act.
26		(eee) (ddd) Information prohibited from being

HB5501 Engrossed - 45 - LRB102 24698 AMC 33937 b
1		disclosed under subsection (b) of Section 75 of the
2		Domestic Violence Fatality Review Act.
3		(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
4		101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
5		1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
6		eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
7		101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
8		1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
9		eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
10		102-559, eff. 8-20-21; revised 10-5-21.)
11		Section 25. The Illinois Public Labor Relations Act is
12		amended by changing Sections 3, 9, and 10 as follows:
13		(5 ILCS 315/3) (from Ch. 48, par. 1603)
14		Sec. 3. Definitions. As used in this Act, unless the
15		context otherwise requires:
16		(a) "Board" means the Illinois Labor Relations Board or,
17		with respect to a matter over which the jurisdiction of the
18		Board is assigned to the State Panel or the Local Panel under
19		Section 5, the panel having jurisdiction over the matter.
20		(b) "Collective bargaining" means bargaining over terms
21		and conditions of employment, including hours, wages, and
22		other conditions of employment, as detailed in Section 7 and
23		which are not excluded by Section 4.
24		(c) "Confidential employee" means an employee who, in the

HB5501 Engrossed - 46 - LRB102 24698 AMC 33937 b
1		regular course of his or her duties, assists and acts in a
2		confidential capacity to persons who formulate, determine, and
3		effectuate management policies with regard to labor relations
4		or who, in the regular course of his or her duties, has
5		authorized access to information relating to the effectuation
6		or review of the employer's collective bargaining policies.
7		Determinations of confidential employee status shall be based
8		on actual employee job duties and not solely on written job
9		descriptions.
10		(d) "Craft employees" means skilled journeymen, crafts
11		persons, and their apprentices and helpers.
12		(e) "Essential services employees" means those public
13		employees performing functions so essential that the
14		interruption or termination of the function will constitute a
15		clear and present danger to the health and safety of the
16		persons in the affected community.
17		(f) "Exclusive representative", except with respect to
18		non-State fire fighters and paramedics employed by fire
19		departments and fire protection districts, non-State peace
20		officers, and peace officers in the Illinois State Police,
21		means the labor organization that has been (i) designated by
22		the Board as the representative of a majority of public
23		employees in an appropriate bargaining unit in accordance with
24		the procedures contained in this Act; , (ii) historically
25		recognized by the State of Illinois or any political
26		subdivision of the State before July 1, 1984 (the effective

HB5501 Engrossed - 47 - LRB102 24698 AMC 33937 b
1		date of this Act) as the exclusive representative of the
2		employees in an appropriate bargaining unit; , (iii) after July
3		1, 1984 (the effective date of this Act) recognized by an
4		employer upon evidence, acceptable to the Board, that the
5		labor organization has been designated as the exclusive
6		representative by a majority of the employees in an
7		appropriate bargaining unit; (iv) recognized as the exclusive
8		representative of personal assistants under Executive Order
9		2003-8 prior to July 16, 2003 (the effective date of Public Act
10		93-204) this amendatory Act of the 93rd General Assembly, and
11		the organization shall be considered to be the exclusive
12		representative of the personal assistants as defined in this
13		Section; or (v) recognized as the exclusive representative of
14		child and day care home providers, including licensed and
15		license exempt providers, pursuant to an election held under
16		Executive Order 2005-1 prior to January 1, 2006 (the effective
17		date of Public Act 94-320) this amendatory Act of the 94th
18		General Assembly, and the organization shall be considered to
19		be the exclusive representative of the child and day care home
20		providers as defined in this Section.
21		With respect to non-State fire fighters and paramedics
22		employed by fire departments and fire protection districts,
23		non-State peace officers, and peace officers in the Illinois
24		State Police, "exclusive representative" means the labor
25		organization that has been (i) designated by the Board as the
26		representative of a majority of peace officers or fire

HB5501 Engrossed - 48 - LRB102 24698 AMC 33937 b
1		fighters in an appropriate bargaining unit in accordance with
2		the procedures contained in this Act, (ii) historically
3		recognized by the State of Illinois or any political
4		subdivision of the State before January 1, 1986 (the effective
5		date of this amendatory Act of 1985) as the exclusive
6		representative by a majority of the peace officers or fire
7		fighters in an appropriate bargaining unit, or (iii) after
8		January 1, 1986 (the effective date of this amendatory Act of
9		1985) recognized by an employer upon evidence, acceptable to
10		the Board, that the labor organization has been designated as
11		the exclusive representative by a majority of the peace
12		officers or fire fighters in an appropriate bargaining unit.
13		Where a historical pattern of representation exists for
14		the workers of a water system that was owned by a public
15		utility, as defined in Section 3-105 of the Public Utilities
16		Act, prior to becoming certified employees of a municipality
17		or municipalities once the municipality or municipalities have
18		acquired the water system as authorized in Section 11-124-5 of
19		the Illinois Municipal Code, the Board shall find the labor
20		organization that has historically represented the workers to
21		be the exclusive representative under this Act, and shall find
22		the unit represented by the exclusive representative to be the
23		appropriate unit.
24		(g) "Fair share agreement" means an agreement between the
25		employer and an employee organization under which all or any
26		of the employees in a collective bargaining unit are required

HB5501 Engrossed - 49 - LRB102 24698 AMC 33937 b
1		to pay their proportionate share of the costs of the
2		collective bargaining process, contract administration, and
3		pursuing matters affecting wages, hours, and other conditions
4		of employment, but not to exceed the amount of dues uniformly
5		required of members. The amount certified by the exclusive
6		representative shall not include any fees for contributions
7		related to the election or support of any candidate for
8		political office. Nothing in this subsection (g) shall
9		preclude an employee from making voluntary political
10		contributions in conjunction with his or her fair share
11		payment.
12		(g-1) "Fire fighter" means, for the purposes of this Act
13		only, any person who has been or is hereafter appointed to a
14		fire department or fire protection district or employed by a
15		state university and sworn or commissioned to perform fire
16		fighter duties or paramedic duties, including paramedics
17		employed by a unit of local government, except that the
18		following persons are not included: part-time fire fighters,
19		auxiliary, reserve or voluntary fire fighters, including paid
20		on-call fire fighters, clerks and dispatchers or other
21		civilian employees of a fire department or fire protection
22		district who are not routinely expected to perform fire
23		fighter duties, or elected officials.
24		(g-2) "General Assembly of the State of Illinois" means
25		the legislative branch of the government of the State of
26		Illinois, as provided for under Article IV of the Constitution

HB5501 Engrossed - 50 - LRB102 24698 AMC 33937 b
1		of the State of Illinois, and includes, but is not limited to,
2		the House of Representatives, the Senate, the Speaker of the
3		House of Representatives, the Minority Leader of the House of
4		Representatives, the President of the Senate, the Minority
5		Leader of the Senate, the Joint Committee on Legislative
6		Support Services, and any legislative support services agency
7		listed in the Legislative Commission Reorganization Act of
8		1984.
9		(h) "Governing body" means, in the case of the State, the
10		State Panel of the Illinois Labor Relations Board, the
11		Director of the Department of Central Management Services, and
12		the Director of the Department of Labor; the county board in
13		the case of a county; the corporate authorities in the case of
14		a municipality; and the appropriate body authorized to provide
15		for expenditures of its funds in the case of any other unit of
16		government.
17		(i) "Labor organization" means any organization in which
18		public employees participate and that exists for the purpose,
19		in whole or in part, of dealing with a public employer
20		concerning wages, hours, and other terms and conditions of
21		employment, including the settlement of grievances.
22		(i-5) "Legislative liaison" means a person who is an
23		employee of a State agency, the Attorney General, the
24		Secretary of State, the Comptroller, or the Treasurer, as the
25		case may be, and whose job duties require the person to
26		regularly communicate in the course of his or her employment

HB5501 Engrossed - 51 - LRB102 24698 AMC 33937 b
1		with any official or staff of the General Assembly of the State
2		of Illinois for the purpose of influencing any legislative
3		action.
4		(j) "Managerial employee" means an individual who is
5		engaged predominantly in executive and management functions
6		and is charged with the responsibility of directing the
7		effectuation of management policies and practices.
8		Determination of managerial employee status shall be based on
9		actual employee job duties and not solely on written job
10		descriptions. With respect only to State employees in
11		positions under the jurisdiction of the Attorney General,
12		Secretary of State, Comptroller, or Treasurer (i) that were
13		certified in a bargaining unit on or after December 2, 2008,
14		(ii) for which a petition is filed with the Illinois Public
15		Labor Relations Board on or after April 5, 2013 (the effective
16		date of Public Act 97-1172), or (iii) for which a petition is
17		pending before the Illinois Public Labor Relations Board on
18		that date, "managerial employee" means an individual who is
19		engaged in executive and management functions or who is
20		charged with the effectuation of management policies and
21		practices or who represents management interests by taking or
22		recommending discretionary actions that effectively control or
23		implement policy. Nothing in this definition prohibits an
24		individual from also meeting the definition of "supervisor"
25		under subsection (r) of this Section.
26		(k) "Peace officer" means, for the purposes of this Act

HB5501 Engrossed - 52 - LRB102 24698 AMC 33937 b
1		only, any persons who have been or are hereafter appointed to a
2		police force, department, or agency and sworn or commissioned
3		to perform police duties, except that the following persons
4		are not included: part-time police officers, special police
5		officers, auxiliary police as defined by Section 3.1-30-20 of
6		the Illinois Municipal Code, night watchmen, "merchant
7		police", court security officers as defined by Section
8		3-6012.1 of the Counties Code, temporary employees, traffic
9		guards or wardens, civilian parking meter and parking
10		facilities personnel or other individuals specially appointed
11		to aid or direct traffic at or near schools or public functions
12		or to aid in civil defense or disaster, parking enforcement
13		employees who are not commissioned as peace officers and who
14		are not armed and who are not routinely expected to effect
15		arrests, parking lot attendants, clerks and dispatchers or
16		other civilian employees of a police department who are not
17		routinely expected to effect arrests, or elected officials.
18		(l) "Person" includes one or more individuals, labor
19		organizations, public employees, associations, corporations,
20		legal representatives, trustees, trustees in bankruptcy,
21		receivers, or the State of Illinois or any political
22		subdivision of the State or governing body, but does not
23		include the General Assembly of the State of Illinois or any
24		individual employed by the General Assembly of the State of
25		Illinois.
26		(m) "Professional employee" means any employee engaged in

HB5501 Engrossed - 53 - LRB102 24698 AMC 33937 b
1		work predominantly intellectual and varied in character rather
2		than routine mental, manual, mechanical or physical work;
3		involving the consistent exercise of discretion and adjustment
4		in its performance; of such a character that the output
5		produced or the result accomplished cannot be standardized in
6		relation to a given period of time; and requiring advanced
7		knowledge in a field of science or learning customarily
8		acquired by a prolonged course of specialized intellectual
9		instruction and study in an institution of higher learning or
10		a hospital, as distinguished from a general academic education
11		or from apprenticeship or from training in the performance of
12		routine mental, manual, or physical processes; or any employee
13		who has completed the courses of specialized intellectual
14		instruction and study prescribed in this subsection (m) and is
15		performing related work under the supervision of a
16		professional person to qualify to become a professional
17		employee as defined in this subsection (m).
18		(n) "Public employee" or "employee", for the purposes of
19		this Act, means any individual employed by a public employer,
20		including (i) interns and residents at public hospitals, (ii)
21		as of July 16, 2003 (the effective date of Public Act 93-204)
22		this amendatory Act of the 93rd General Assembly, but not
23		before, personal assistants working under the Home Services
24		Program under Section 3 of the Rehabilitation of Persons with
25		Disabilities Act, subject to the limitations set forth in this
26		Act and in the Rehabilitation of Persons with Disabilities

HB5501 Engrossed - 54 - LRB102 24698 AMC 33937 b
1		Act, (iii) as of January 1, 2006 (the effective date of Public
2		Act 94-320) this amendatory Act of the 94th General Assembly,
3		but not before, child and day care home providers
4		participating in the child care assistance program under
5		Section 9A-11 of the Illinois Public Aid Code, subject to the
6		limitations set forth in this Act and in Section 9A-11 of the
7		Illinois Public Aid Code, (iv) as of January 29, 2013 (the
8		effective date of Public Act 97-1158), but not before except
9		as otherwise provided in this subsection (n), home care and
10		home health workers who function as personal assistants and
11		individual maintenance home health workers and who also work
12		under the Home Services Program under Section 3 of the
13		Rehabilitation of Persons with Disabilities Act, no matter
14		whether the State provides those services through direct
15		fee-for-service arrangements, with the assistance of a managed
16		care organization or other intermediary, or otherwise, (v)
17		beginning on July 19, 2013 (the effective date of Public Act
18		98-100) this amendatory Act of the 98th General Assembly and
19		notwithstanding any other provision of this Act, any person
20		employed by a public employer and who is classified as or who
21		holds the employment title of Chief Stationary Engineer,
22		Assistant Chief Stationary Engineer, Sewage Plant Operator,
23		Water Plant Operator, Stationary Engineer, Plant Operating
24		Engineer, and any other employee who holds the position of:
25		Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
26		Technical Manager I, Technical Manager II, Technical Manager

HB5501 Engrossed - 55 - LRB102 24698 AMC 33937 b
1		III, Technical Manager IV, Technical Manager V, Technical
2		Manager VI, Realty Specialist III, Realty Specialist IV,
3		Realty Specialist V, Technical Advisor I, Technical Advisor
4		II, Technical Advisor III, Technical Advisor IV, or Technical
5		Advisor V employed by the Department of Transportation who is
6		in a position which is certified in a bargaining unit on or
7		before July 19, 2013 (the effective date of Public Act 98-100)
8		this amendatory Act of the 98th General Assembly, and (vi)
9		beginning on July 19, 2013 (the effective date of Public Act
10		98-100) this amendatory Act of the 98th General Assembly and
11		notwithstanding any other provision of this Act, any mental
12		health administrator in the Department of Corrections who is
13		classified as or who holds the position of Public Service
14		Administrator (Option 8K), any employee of the Office of the
15		Inspector General in the Department of Human Services who is
16		classified as or who holds the position of Public Service
17		Administrator (Option 7), any Deputy of Intelligence in the
18		Department of Corrections who is classified as or who holds
19		the position of Public Service Administrator (Option 7), and
20		any employee of the Illinois State Police who handles issues
21		concerning the Illinois State Police Sex Offender Registry and
22		who is classified as or holds the position of Public Service
23		Administrator (Option 7), but excluding all of the following:
24		employees of the General Assembly of the State of Illinois;
25		elected officials; executive heads of a department; members of
26		boards or commissions; the Executive Inspectors General; any

HB5501 Engrossed - 56 - LRB102 24698 AMC 33937 b
1		special Executive Inspectors General; employees of each Office
2		of an Executive Inspector General; commissioners and employees
3		of the Executive Ethics Commission; the Auditor General's
4		Inspector General; employees of the Office of the Auditor
5		General's Inspector General; the Legislative Inspector
6		General; any special Legislative Inspectors General; employees
7		of the Office of the Legislative Inspector General;
8		commissioners and employees of the Legislative Ethics
9		Commission; employees of any agency, board or commission
10		created by this Act; employees appointed to State positions of
11		a temporary or emergency nature; all employees of school
12		districts and higher education institutions except
13		firefighters and peace officers employed by a state university
14		and except peace officers employed by a school district in its
15		own police department in existence on July 23, 2010 (the
16		effective date of Public Act 96-1257) this amendatory Act of
17		the 96th General Assembly; managerial employees; short-term
18		employees; legislative liaisons; a person who is a State
19		employee under the jurisdiction of the Office of the Attorney
20		General who is licensed to practice law or whose position
21		authorizes, either directly or indirectly, meaningful input
22		into government decision-making on issues where there is room
23		for principled disagreement on goals or their implementation;
24		a person who is a State employee under the jurisdiction of the
25		Office of the Comptroller who holds the position of Public
26		Service Administrator or whose position is otherwise exempt

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1		under the Comptroller Merit Employment Code; a person who is a
2		State employee under the jurisdiction of the Secretary of
3		State who holds the position classification of Executive I or
4		higher, whose position authorizes, either directly or
5		indirectly, meaningful input into government decision-making
6		on issues where there is room for principled disagreement on
7		goals or their implementation, or who is otherwise exempt
8		under the Secretary of State Merit Employment Code; employees
9		in the Office of the Secretary of State who are completely
10		exempt from jurisdiction B of the Secretary of State Merit
11		Employment Code and who are in Rutan-exempt positions on or
12		after April 5, 2013 (the effective date of Public Act
13		97-1172); a person who is a State employee under the
14		jurisdiction of the Treasurer who holds a position that is
15		exempt from the State Treasurer Employment Code; any employee
16		of a State agency who (i) holds the title or position of, or
17		exercises substantially similar duties as a legislative
18		liaison, Agency General Counsel, Agency Chief of Staff, Agency
19		Executive Director, Agency Deputy Director, Agency Chief
20		Fiscal Officer, Agency Human Resources Director, Public
21		Information Officer, or Chief Information Officer and (ii) was
22		neither included in a bargaining unit nor subject to an active
23		petition for certification in a bargaining unit; any employee
24		of a State agency who (i) is in a position that is
25		Rutan-exempt, as designated by the employer, and completely
26		exempt from jurisdiction B of the Personnel Code and (ii) was

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1		neither included in a bargaining unit nor subject to an active
2		petition for certification in a bargaining unit; any term
3		appointed employee of a State agency pursuant to Section 8b.18
4		or 8b.19 of the Personnel Code who was neither included in a
5		bargaining unit nor subject to an active petition for
6		certification in a bargaining unit; any employment position
7		properly designated pursuant to Section 6.1 of this Act;
8		confidential employees; independent contractors; and
9		supervisors except as provided in this Act.
10		Home care and home health workers who function as personal
11		assistants and individual maintenance home health workers and
12		who also work under the Home Services Program under Section 3
13		of the Rehabilitation of Persons with Disabilities Act shall
14		not be considered public employees for any purposes not
15		specifically provided for in Public Act 93-204 or Public Act
16		97-1158, including, but not limited to, purposes of vicarious
17		liability in tort and purposes of statutory retirement or
18		health insurance benefits. Home care and home health workers
19		who function as personal assistants and individual maintenance
20		home health workers and who also work under the Home Services
21		Program under Section 3 of the Rehabilitation of Persons with
22		Disabilities Act shall not be covered by the State Employees
23		Group Insurance Act of 1971.
24		Child and day care home providers shall not be considered
25		public employees for any purposes not specifically provided
26		for in Public Act 94-320 this amendatory Act of the 94th

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1		General Assembly, including, but not limited to, purposes of
2		vicarious liability in tort and purposes of statutory
3		retirement or health insurance benefits. Child and day care
4		home providers shall not be covered by the State Employees
5		Group Insurance Act of 1971.
6		Notwithstanding Section 9, subsection (c), or any other
7		provisions of this Act, all peace officers above the rank of
8		captain in municipalities with more than 1,000,000 inhabitants
9		shall be excluded from this Act.
10		(o) Except as otherwise in subsection (o-5), "public
11		employer" or "employer" means the State of Illinois; any
12		political subdivision of the State, unit of local government
13		or school district; authorities including departments,
14		divisions, bureaus, boards, commissions, or other agencies of
15		the foregoing entities; and any person acting within the scope
16		of his or her authority, express or implied, on behalf of those
17		entities in dealing with its employees. As of July 16, 2003
18		(the effective date of Public Act 93-204) the amendatory Act
19		of the 93rd General Assembly, but not before, the State of
20		Illinois shall be considered the employer of the personal
21		assistants working under the Home Services Program under
22		Section 3 of the Rehabilitation of Persons with Disabilities
23		Act, subject to the limitations set forth in this Act and in
24		the Rehabilitation of Persons with Disabilities Act. As of
25		January 29, 2013 (the effective date of Public Act 97-1158),
26		but not before except as otherwise provided in this subsection

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1		(o), the State shall be considered the employer of home care
2		and home health workers who function as personal assistants
3		and individual maintenance home health workers and who also
4		work under the Home Services Program under Section 3 of the
5		Rehabilitation of Persons with Disabilities Act, no matter
6		whether the State provides those services through direct
7		fee-for-service arrangements, with the assistance of a managed
8		care organization or other intermediary, or otherwise, but
9		subject to the limitations set forth in this Act and the
10		Rehabilitation of Persons with Disabilities Act. The State
11		shall not be considered to be the employer of home care and
12		home health workers who function as personal assistants and
13		individual maintenance home health workers and who also work
14		under the Home Services Program under Section 3 of the
15		Rehabilitation of Persons with Disabilities Act, for any
16		purposes not specifically provided for in Public Act 93-204 or
17		Public Act 97-1158, including but not limited to, purposes of
18		vicarious liability in tort and purposes of statutory
19		retirement or health insurance benefits. Home care and home
20		health workers who function as personal assistants and
21		individual maintenance home health workers and who also work
22		under the Home Services Program under Section 3 of the
23		Rehabilitation of Persons with Disabilities Act shall not be
24		covered by the State Employees Group Insurance Act of 1971. As
25		of January 1, 2006 (the effective date of Public Act 94-320)
26		this amendatory Act of the 94th General Assembly but not

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1		before, the State of Illinois shall be considered the employer
2		of the day and child care home providers participating in the
3		child care assistance program under Section 9A-11 of the
4		Illinois Public Aid Code, subject to the limitations set forth
5		in this Act and in Section 9A-11 of the Illinois Public Aid
6		Code. The State shall not be considered to be the employer of
7		child and day care home providers for any purposes not
8		specifically provided for in Public Act 94-320 this amendatory
9		Act of the 94th General Assembly, including, but not limited
10		to, purposes of vicarious liability in tort and purposes of
11		statutory retirement or health insurance benefits. Child and
12		day care home providers shall not be covered by the State
13		Employees Group Insurance Act of 1971.
14		"Public employer" or "employer" as used in this Act,
15		however, does not mean and shall not include the General
16		Assembly of the State of Illinois, the Executive Ethics
17		Commission, the Offices of the Executive Inspectors General,
18		the Legislative Ethics Commission, the Office of the
19		Legislative Inspector General, the Office of the Auditor
20		General's Inspector General, the Office of the Governor, the
21		Governor's Office of Management and Budget, the Illinois
22		Finance Authority, the Office of the Lieutenant Governor, the
23		State Board of Elections, and educational employers or
24		employers as defined in the Illinois Educational Labor
25		Relations Act, except with respect to a state university in
26		its employment of firefighters and peace officers and except

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1		with respect to a school district in the employment of peace
2		officers in its own police department in existence on July 23,
3		2010 (the effective date of Public Act 96-1257) this
4		amendatory Act of the 96th General Assembly. County boards and
5		county sheriffs shall be designated as joint or co-employers
6		of county peace officers appointed under the authority of a
7		county sheriff. Nothing in this subsection (o) shall be
8		construed to prevent the State Panel or the Local Panel from
9		determining that employers are joint or co-employers.
10		(o-5) With respect to wages, fringe benefits, hours,
11		holidays, vacations, proficiency examinations, sick leave, and
12		other conditions of employment, the public employer of public
13		employees who are court reporters, as defined in the Court
14		Reporters Act, shall be determined as follows:
15		(1) For court reporters employed by the Cook County
16		Judicial Circuit, the chief judge of the Cook County
17		Circuit Court is the public employer and employer
18		representative.
19		(2) For court reporters employed by the 12th, 18th,
20		19th, and, on and after December 4, 2006, the 22nd
21		judicial circuits, a group consisting of the chief judges
22		of those circuits, acting jointly by majority vote, is the
23		public employer and employer representative.
24		(3) For court reporters employed by all other judicial
25		circuits, a group consisting of the chief judges of those
26		circuits, acting jointly by majority vote, is the public

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1		employer and employer representative.
2		(p) "Security employee" means an employee who is
3		responsible for the supervision and control of inmates at
4		correctional facilities. The term also includes other
5		non-security employees in bargaining units having the majority
6		of employees being responsible for the supervision and control
7		of inmates at correctional facilities.
8		(q) "Short-term employee" means an employee who is
9		employed for less than 2 consecutive calendar quarters during
10		a calendar year and who does not have a reasonable assurance
11		that he or she will be rehired by the same employer for the
12		same service in a subsequent calendar year.
13		(q-5) "State agency" means an agency directly responsible
14		to the Governor, as defined in Section 3.1 of the Executive
15		Reorganization Implementation Act, and the Illinois Commerce
16		Commission, the Illinois Workers' Compensation Commission, the
17		Civil Service Commission, the Pollution Control Board, the
18		Illinois Racing Board, and the Illinois State Police Merit
19		Board.
20		(r) "Supervisor" is:
21		(1) An employee whose principal work is substantially
22		different from that of his or her subordinates and who has
23		authority, in the interest of the employer, to hire,
24		transfer, suspend, lay off, recall, promote, discharge,
25		direct, reward, or discipline employees, to adjust their
26		grievances, or to effectively recommend any of those

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1		actions, if the exercise of that authority is not of a
2		merely routine or clerical nature, but requires the
3		consistent use of independent judgment. Except with
4		respect to police employment, the term "supervisor"
5		includes only those individuals who devote a preponderance
6		of their employment time to exercising that authority,
7		State supervisors notwithstanding. Determinations of
8		supervisor status shall be based on actual employee job
9		duties and not solely on written job descriptions. Nothing
10		in this definition prohibits an individual from also
11		meeting the definition of "managerial employee" under
12		subsection (j) of this Section. In addition, in
13		determining supervisory status in police employment, rank
14		shall not be determinative. The Board shall consider, as
15		evidence of bargaining unit inclusion or exclusion, the
16		common law enforcement policies and relationships between
17		police officer ranks and certification under applicable
18		civil service law, ordinances, personnel codes, or
19		Division 2.1 of Article 10 of the Illinois Municipal Code,
20		but these factors shall not be the sole or predominant
21		factors considered by the Board in determining police
22		supervisory status.
23		Notwithstanding the provisions of the preceding
24		paragraph, in determining supervisory status in fire
25		fighter employment, no fire fighter shall be excluded as a
26		supervisor who has established representation rights under

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1		Section 9 of this Act. Further, in new fire fighter units,
2		employees shall consist of fire fighters of the rank of
3		company officer and below. If a company officer otherwise
4		qualifies as a supervisor under the preceding paragraph,
5		however, he or she shall not be included in the fire
6		fighter unit. If there is no rank between that of chief and
7		the highest company officer, the employer may designate a
8		position on each shift as a Shift Commander, and the
9		persons occupying those positions shall be supervisors.
10		All other ranks above that of company officer shall be
11		supervisors.
12		(2) With respect only to State employees in positions
13		under the jurisdiction of the Attorney General, Secretary
14		of State, Comptroller, or Treasurer (i) that were
15		certified in a bargaining unit on or after December 2,
16		2008, (ii) for which a petition is filed with the Illinois
17		Public Labor Relations Board on or after April 5, 2013
18		(the effective date of Public Act 97-1172), or (iii) for
19		which a petition is pending before the Illinois Public
20		Labor Relations Board on that date, an employee who
21		qualifies as a supervisor under (A) Section 152 of the
22		National Labor Relations Act and (B) orders of the
23		National Labor Relations Board interpreting that provision
24		or decisions of courts reviewing decisions of the National
25		Labor Relations Board.
26		(s)(1) "Unit" means a class of jobs or positions that are

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1		held by employees whose collective interests may suitably be
2		represented by a labor organization for collective bargaining.
3		Except with respect to non-State fire fighters and paramedics
4		employed by fire departments and fire protection districts,
5		non-State peace officers, and peace officers in the Illinois
6		State Police, a bargaining unit determined by the Board shall
7		not include both employees and supervisors, or supervisors
8		only, except as provided in paragraph (2) of this subsection
9		(s) and except for bargaining units in existence on July 1,
10		1984 (the effective date of this Act). With respect to
11		non-State fire fighters and paramedics employed by fire
12		departments and fire protection districts, non-State peace
13		officers, and peace officers in the Illinois State Police, a
14		bargaining unit determined by the Board shall not include both
15		supervisors and nonsupervisors, or supervisors only, except as
16		provided in paragraph (2) of this subsection (s) and except
17		for bargaining units in existence on January 1, 1986 (the
18		effective date of this amendatory Act of 1985). A bargaining
19		unit determined by the Board to contain peace officers shall
20		contain no employees other than peace officers unless
21		otherwise agreed to by the employer and the labor organization
22		or labor organizations involved. Notwithstanding any other
23		provision of this Act, a bargaining unit, including a
24		historical bargaining unit, containing sworn peace officers of
25		the Department of Natural Resources (formerly designated the
26		Department of Conservation) shall contain no employees other

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1		than such sworn peace officers upon the effective date of this
2		amendatory Act of 1990 or upon the expiration date of any
3		collective bargaining agreement in effect upon the effective
4		date of this amendatory Act of 1990 covering both such sworn
5		peace officers and other employees.
6		(2) Notwithstanding the exclusion of supervisors from
7		bargaining units as provided in paragraph (1) of this
8		subsection (s), a public employer may agree to permit its
9		supervisory employees to form bargaining units and may bargain
10		with those units. This Act shall apply if the public employer
11		chooses to bargain under this subsection.
12		(3) Public employees who are court reporters, as defined
13		in the Court Reporters Act, shall be divided into 3 units for
14		collective bargaining purposes. One unit shall be court
15		reporters employed by the Cook County Judicial Circuit; one
16		unit shall be court reporters employed by the 12th, 18th,
17		19th, and, on and after December 4, 2006, the 22nd judicial
18		circuits; and one unit shall be court reporters employed by
19		all other judicial circuits.
20		(t) "Active petition for certification in a bargaining
21		unit" means a petition for certification filed with the Board
22		under one of the following case numbers: S-RC-11-110;
23		S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
24		S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
25		S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
26		S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;

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1		S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
2		S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
3		S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
4		S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
5		S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
6		S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
7		S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
8		S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
9		S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
10		S-RC-07-100.
11		(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
12		revised 10-13-21.)
13		(5 ILCS 315/9) (from Ch. 48, par. 1609)
14		Sec. 9. Elections; recognition.
15		(a) Whenever in accordance with such regulations as may be
16		prescribed by the Board a petition has been filed:
17		(1) by a public employee or group of public employees
18		or any labor organization acting in their behalf
19		demonstrating that 30% of the public employees in an
20		appropriate unit (A) wish to be represented for the
21		purposes of collective bargaining by a labor organization
22		as exclusive representative, or (B) asserting that the
23		labor organization which has been certified or is
24		currently recognized by the public employer as bargaining
25		representative is no longer the representative of the

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1		majority of public employees in the unit; or
2		(2) by a public employer alleging that one or more
3		labor organizations have presented to it a claim that they
4		be recognized as the representative of a majority of the
5		public employees in an appropriate unit, the Board shall
6		investigate such petition, and if it has reasonable cause
7		to believe that a question of representation exists, shall
8		provide for an appropriate hearing upon due notice. Such
9		hearing shall be held at the offices of the Board or such
10		other location as the Board deems appropriate. If it finds
11		upon the record of the hearing that a question of
12		representation exists, it shall direct an election in
13		accordance with subsection (d) of this Section, which
14		election shall be held not later than 120 days after the
15		date the petition was filed regardless of whether that
16		petition was filed before or after July 1, 1988 (the
17		effective date of Public Act 85-924) this amendatory Act
18		of 1987; provided, however, the Board may extend the time
19		for holding an election by an additional 60 days if, upon
20		motion by a person who has filed a petition under this
21		Section or is the subject of a petition filed under this
22		Section and is a party to such hearing, or upon the Board's
23		own motion, the Board finds that good cause has been shown
24		for extending the election date; provided further, that
25		nothing in this Section shall prohibit the Board, in its
26		discretion, from extending the time for holding an

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1		election for so long as may be necessary under the
2		circumstances, where the purpose for such extension is to
3		permit resolution by the Board of an unfair labor practice
4		charge filed by one of the parties to a representational
5		proceeding against the other based upon conduct which may
6		either affect the existence of a question concerning
7		representation or have a tendency to interfere with a fair
8		and free election, where the party filing the charge has
9		not filed a request to proceed with the election; and
10		provided further that prior to the expiration of the total
11		time allotted for holding an election, a person who has
12		filed a petition under this Section or is the subject of a
13		petition filed under this Section and is a party to such
14		hearing or the Board, may move for and obtain the entry of
15		an order in the circuit court of the county in which the
16		majority of the public employees sought to be represented
17		by such person reside, such order extending the date upon
18		which the election shall be held. Such order shall be
19		issued by the circuit court only upon a judicial finding
20		that there has been a sufficient showing that there is
21		good cause to extend the election date beyond such period
22		and shall require the Board to hold the election as soon as
23		is feasible given the totality of the circumstances. Such
24		120-day 120 day period may be extended one or more times by
25		the agreement of all parties to the hearing to a date
26		certain without the necessity of obtaining a court order.

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1		The showing of interest in support of a petition filed
2		under paragraph (1) of this subsection (a) may be
3		evidenced by electronic communications, and such writing
4		or communication may be evidenced by the electronic
5		signature of the employee as provided under Section 5-120
6		of the Electronic Commerce Security Act. The showing of
7		interest shall be valid only if signed within 12 months
8		prior to the filing of the petition. Nothing in this
9		Section prohibits the waiving of hearings by stipulation
10		for the purpose of a consent election in conformity with
11		the rules and regulations of the Board or an election in a
12		unit agreed upon by the parties. Other interested employee
13		organizations may intervene in the proceedings in the
14		manner and within the time period specified by rules and
15		regulations of the Board. Interested parties who are
16		necessary to the proceedings may also intervene in the
17		proceedings in the manner and within the time period
18		specified by the rules and regulations of the Board.
19		(a-5) The Board shall designate an exclusive
20		representative for purposes of collective bargaining when the
21		representative demonstrates a showing of majority interest by
22		employees in the unit. If the parties to a dispute are without
23		agreement on the means to ascertain the choice, if any, of
24		employee organization as their representative, the Board shall
25		ascertain the employees' choice of employee organization, on
26		the basis of dues deduction authorization or other evidence,

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1		or, if necessary, by conducting an election. The showing of
2		interest in support of a petition filed under this subsection
3		(a-5) may be evidenced by electronic communications, and such
4		writing or communication may be evidenced by the electronic
5		signature of the employee as provided under Section 5-120 of
6		the Electronic Commerce Security Act. The showing of interest
7		shall be valid only if signed within 12 months prior to the
8		filing of the petition. All evidence submitted by an employee
9		organization to the Board to ascertain an employee's choice of
10		an employee organization is confidential and shall not be
11		submitted to the employer for review. The Board shall
12		ascertain the employee's choice of employee organization
13		within 120 days after the filing of the majority interest
14		petition; however, the Board may extend time by an additional
15		60 days, upon its own motion or upon the motion of a party to
16		the proceeding. If either party provides to the Board, before
17		the designation of a representative, clear and convincing
18		evidence that the dues deduction authorizations, and other
19		evidence upon which the Board would otherwise rely to
20		ascertain the employees' choice of representative, are
21		fraudulent or were obtained through coercion, the Board shall
22		promptly thereafter conduct an election. The Board shall also
23		investigate and consider a party's allegations that the dues
24		deduction authorizations and other evidence submitted in
25		support of a designation of representative without an election
26		were subsequently changed, altered, withdrawn, or withheld as

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1		a result of employer fraud, coercion, or any other unfair
2		labor practice by the employer. If the Board determines that a
3		labor organization would have had a majority interest but for
4		an employer's fraud, coercion, or unfair labor practice, it
5		shall designate the labor organization as an exclusive
6		representative without conducting an election. If a hearing is
7		necessary to resolve any issues of representation under this
8		Section, the Board shall conclude its hearing process and
9		issue a certification of the entire appropriate unit not later
10		than 120 days after the date the petition was filed. The
11		120-day period may be extended one or more times by the
12		agreement of all parties to a hearing to a date certain.
13		(a-6) A labor organization or an employer may file a unit
14		clarification petition seeking to clarify an existing
15		bargaining unit. Unit clarification petitions may be filed if:
16		(1) substantial changes occur in the duties and functions of
17		an existing job title, raising an issue as to the title's unit
18		placement; (2) an existing job title that is logically
19		encompassed within the existing unit was inadvertently
20		excluded by the parties at the time the unit was established;
21		(3) a newly created job title is logically encompassed within
22		an existing unit; (4) a significant change takes place in
23		statutory or case law that affects the bargaining rights of
24		employees; (5) a determination needs to be made as to the unit
25		placement of positions in dispute following a majority
26		interest certification of representative issued under

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1		subsection (a-5); (6) a determination needs to be made as to
2		the unit placement of positions in dispute following a
3		certification of representative issued following a direction
4		of election under subsection (d); (7) the parties have agreed
5		to eliminate a position or title because the employer no
6		longer uses it; (8) the parties have agreed to exclude some of
7		the positions in a title or classification from a bargaining
8		unit and include others; or (9) as prescribed in rules set by
9		the Board. The Board shall conclude its investigation,
10		including any hearing process deemed necessary, and issue a
11		certification of clarified unit or dismiss the petition not
12		later than 120 days after the date the petition was filed. The
13		120-day period may be extended one or more times by the
14		agreement of all parties to a hearing to a date certain.
15		(b) The Board shall decide in each case, in order to assure
16		public employees the fullest freedom in exercising the rights
17		guaranteed by this Act, a unit appropriate for the purpose of
18		collective bargaining, based upon but not limited to such
19		factors as: historical pattern of recognition; community of
20		interest including employee skills and functions; degree of
21		functional integration; interchangeability and contact among
22		employees; fragmentation of employee groups; common
23		supervision, wages, hours and other working conditions of the
24		employees involved; and the desires of the employees. For
25		purposes of this subsection, fragmentation shall not be the
26		sole or predominant factor used by the Board in determining an

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1		appropriate bargaining unit. Except with respect to non-State
2		fire fighters and paramedics employed by fire departments and
3		fire protection districts, non-State peace officers and peace
4		officers in the Illinois State Police, a single bargaining
5		unit determined by the Board may not include both supervisors
6		and nonsupervisors, except for bargaining units in existence
7		on the effective date of this Act. With respect to non-State
8		fire fighters and paramedics employed by fire departments and
9		fire protection districts, non-State peace officers and peace
10		officers in the Illinois State Police, a single bargaining
11		unit determined by the Board may not include both supervisors
12		and nonsupervisors, except for bargaining units in existence
13		on January 1, 1986 (the effective date of Public Act 84-1104)
14		this amendatory Act of 1985.
15		In cases involving an historical pattern of recognition,
16		and in cases where the employer has recognized the union as the
17		sole and exclusive bargaining agent for a specified existing
18		unit, the Board shall find the employees in the unit then
19		represented by the union pursuant to the recognition to be the
20		appropriate unit.
21		Notwithstanding the above factors, where the majority of
22		public employees of a craft so decide, the Board shall
23		designate such craft as a unit appropriate for the purposes of
24		collective bargaining.
25		The Board shall not decide that any unit is appropriate if
26		such unit includes both professional and nonprofessional

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1		employees, unless a majority of each group votes for inclusion
2		in such unit.
3		(c) Nothing in this Act shall interfere with or negate the
4		current representation rights or patterns and practices of
5		labor organizations which have historically represented public
6		employees for the purpose of collective bargaining, including
7		but not limited to the negotiations of wages, hours and
8		working conditions, discussions of employees' grievances,
9		resolution of jurisdictional disputes, or the establishment
10		and maintenance of prevailing wage rates, unless a majority of
11		employees so represented express a contrary desire pursuant to
12		the procedures set forth in this Act.
13		(d) In instances where the employer does not voluntarily
14		recognize a labor organization as the exclusive bargaining
15		representative for a unit of employees, the Board shall
16		determine the majority representative of the public employees
17		in an appropriate collective bargaining unit by conducting a
18		secret ballot election, except as otherwise provided in
19		subsection (a-5). Such a secret ballot election may be
20		conducted electronically, using an electronic voting system,
21		in addition to paper ballot voting systems. Within 7 days
22		after the Board issues its bargaining unit determination and
23		direction of election or the execution of a stipulation for
24		the purpose of a consent election, the public employer shall
25		submit to the labor organization the complete names and
26		addresses of those employees who are determined by the Board

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1		to be eligible to participate in the election. When the Board
2		has determined that a labor organization has been fairly and
3		freely chosen by a majority of employees in an appropriate
4		unit, it shall certify such organization as the exclusive
5		representative. If the Board determines that a majority of
6		employees in an appropriate unit has fairly and freely chosen
7		not to be represented by a labor organization, it shall so
8		certify. The Board may also revoke the certification of the
9		public employee organizations as exclusive bargaining
10		representatives which have been found by a secret ballot
11		election to be no longer the majority representative.
12		(e) The Board shall not conduct an election in any
13		bargaining unit or any subdivision thereof within which a
14		valid election has been held in the preceding 12-month period.
15		The Board shall determine who is eligible to vote in an
16		election and shall establish rules governing the conduct of
17		the election or conduct affecting the results of the election.
18		The Board shall include on a ballot in a representation
19		election a choice of "no representation". A labor organization
20		currently representing the bargaining unit of employees shall
21		be placed on the ballot in any representation election. In any
22		election where none of the choices on the ballot receives a
23		majority, a runoff election shall be conducted between the 2
24		choices receiving the largest number of valid votes cast in
25		the election. A labor organization which receives a majority
26		of the votes cast in an election shall be certified by the

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1		Board as exclusive representative of all public employees in
2		the unit.
3		(f) A labor organization shall be designated as the
4		exclusive representative by a public employer, provided that
5		the labor organization represents a majority of the public
6		employees in an appropriate unit. Any employee organization
7		which is designated or selected by the majority of public
8		employees, in a unit of the public employer having no other
9		recognized or certified representative, as their
10		representative for purposes of collective bargaining may
11		request recognition by the public employer in writing. The
12		public employer shall post such request for a period of at
13		least 20 days following its receipt thereof on bulletin boards
14		or other places used or reserved for employee notices.
15		(g) Within the 20-day period any other interested employee
16		organization may petition the Board in the manner specified by
17		rules and regulations of the Board, provided that such
18		interested employee organization has been designated by at
19		least 10% of the employees in an appropriate bargaining unit
20		which includes all or some of the employees in the unit
21		recognized by the employer. In such event, the Board shall
22		proceed with the petition in the same manner as provided by
23		paragraph (1) of subsection (a) of this Section.
24		(h) No election shall be directed by the Board in any
25		bargaining unit where there is in force a valid collective
26		bargaining agreement. The Board, however, may process an

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1		election petition filed between 90 and 60 days prior to the
2		expiration of the date of an agreement, and may further
3		refine, by rule or decision, the implementation of this
4		provision. Where more than 4 years have elapsed since the
5		effective date of the agreement, the agreement shall continue
6		to bar an election, except that the Board may process an
7		election petition filed between 90 and 60 days prior to the end
8		of the fifth year of such an agreement, and between 90 and 60
9		days prior to the end of each successive year of such
10		agreement.
11		(i) An order of the Board dismissing a representation
12		petition, determining and certifying that a labor organization
13		has been fairly and freely chosen by a majority of employees in
14		an appropriate bargaining unit, determining and certifying
15		that a labor organization has not been fairly and freely
16		chosen by a majority of employees in the bargaining unit or
17		certifying a labor organization as the exclusive
18		representative of employees in an appropriate bargaining unit
19		because of a determination by the Board that the labor
20		organization is the historical bargaining representative of
21		employees in the bargaining unit, is a final order. Any person
22		aggrieved by any such order issued on or after July 1, 1988
23		(the effective date of Public Act 85-924) this amendatory Act
24		of 1987 may apply for and obtain judicial review in accordance
25		with provisions of the Administrative Review Law, as now or
26		hereafter amended, except that such review shall be afforded

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1		directly in the Appellate Court for the district in which the
2		aggrieved party resides or transacts business. Any direct
3		appeal to the Appellate Court shall be filed within 35 days
4		from the date that a copy of the decision sought to be reviewed
5		was served upon the party affected by the decision.
6		(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
7		102-596, eff. 8-27-21; revised 10-15-21.)
8		(5 ILCS 315/10) (from Ch. 48, par. 1610)
9		Sec. 10. Unfair labor practices.
10		(a) It shall be an unfair labor practice for an employer or
11		its agents:
12		(1) to interfere with, restrain, or coerce public
13		employees in the exercise of the rights guaranteed in this
14		Act or to dominate or interfere with the formation,
15		existence or administration of any labor organization or
16		contribute financial or other support to it; provided, an
17		employer shall not be prohibited from permitting employees
18		to confer with him during working hours without loss of
19		time or pay;
20		(2) to discriminate in regard to hire or tenure of
21		employment or any term or condition of employment in order
22		to encourage or discourage membership in or other support
23		for any labor organization. Nothing in this Act or any
24		other law precludes a public employer from making an
25		agreement with a labor organization to require as a

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1		condition of employment the payment of a fair share under
2		paragraph (e) of Section 6;
3		(3) to discharge or otherwise discriminate against a
4		public employee because he has signed or filed an
5		affidavit, petition, or charge or provided any information
6		or testimony under this Act;
7		(4) to refuse to bargain collectively in good faith
8		with a labor organization which is the exclusive
9		representative of public employees in an appropriate unit,
10		including, but not limited to, the discussing of
11		grievances with the exclusive representative;
12		(5) to violate any of the rules and regulations
13		established by the Board with jurisdiction over them
14		relating to the conduct of representation elections or the
15		conduct affecting the representation elections;
16		(6) to expend or cause the expenditure of public funds
17		to any external agent, individual, firm, agency,
18		partnership, or association in any attempt to influence
19		the outcome of representational elections held pursuant to
20		Section 9 of this Act; provided, that nothing in this
21		subsection shall be construed to limit an employer's right
22		to internally communicate with its employees as provided
23		in subsection (c) of this Section, to be represented on
24		any matter pertaining to unit determinations, unfair labor
25		practice charges or pre-election conferences in any formal
26		or informal proceeding before the Board, or to seek or

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1		obtain advice from legal counsel. Nothing in this
2		paragraph shall be construed to prohibit an employer from
3		expending or causing the expenditure of public funds on,
4		or seeking or obtaining services or advice from, any
5		organization, group, or association established by and
6		including public or educational employers, whether covered
7		by this Act, the Illinois Educational Labor Relations Act
8		or the public employment labor relations law of any other
9		state or the federal government, provided that such
10		services or advice are generally available to the
11		membership of the organization, group or association, and
12		are not offered solely in an attempt to influence the
13		outcome of a particular representational election;
14		(7) to refuse to reduce a collective bargaining
15		agreement to writing or to refuse to sign such agreement;
16		(8) to interfere with, restrain, coerce, deter, or
17		discourage public employees or applicants to be public
18		employees from: (i) becoming or remaining members of a
19		labor organization; (ii) authorizing representation by a
20		labor organization; or (iii) authorizing dues or fee
21		deductions to a labor organization, nor shall the employer
22		intentionally permit outside third parties to use its
23		email or other communication systems to engage in that
24		conduct. An employer's good faith implementation of a
25		policy to block the use of its email or other
26		communication systems for such purposes shall be a defense

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1		to an unfair labor practice;
2		(9) to disclose to any person or entity information
3		set forth in subsection (c-5) of Section 6 of this Act that
4		the employer knows or should know will be used to
5		interfere with, restrain, coerce, deter, or discourage any
6		public employee from: (i) becoming or remaining members of
7		a labor organization, (ii) authorizing representation by a
8		labor organization, or (iii) authorizing dues or fee
9		deductions to a labor organization; or
10		(10) to promise, threaten, or take any action: (i) to
11		permanently replace an employee who participates in a
12		lawful strike as provided under Section 17; (ii) to
13		discriminate against an employee who is working or has
14		unconditionally offered to return to work for the employer
15		because the employee supported or participated in such a
16		lawful strike; or (iii) to lock out lockout, suspend, or
17		otherwise withhold employment from employees in order to
18		influence the position of such employees or the
19		representative of such employees in collective bargaining
20		prior to a lawful strike.
21		(b) It shall be an unfair labor practice for a labor
22		organization or its agents:
23		(1) to restrain or coerce public employees in the
24		exercise of the rights guaranteed in this Act, provided,
25		(i) that this paragraph shall not impair the right of a
26		labor organization to prescribe its own rules with respect

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1		to the acquisition or retention of membership therein or
2		the determination of fair share payments and (ii) that a
3		labor organization or its agents shall commit an unfair
4		labor practice under this paragraph in duty of fair
5		representation cases only by intentional misconduct in
6		representing employees under this Act;
7		(2) to restrain or coerce a public employer in the
8		selection of his representatives for the purposes of
9		collective bargaining or the settlement of grievances; or
10		(3) to cause, or attempt to cause, an employer to
11		discriminate against an employee in violation of
12		subsection (a)(2);
13		(4) to refuse to bargain collectively in good faith
14		with a public employer, if it has been designated in
15		accordance with the provisions of this Act as the
16		exclusive representative of public employees in an
17		appropriate unit;
18		(5) to violate any of the rules and regulations
19		established by the boards with jurisdiction over them
20		relating to the conduct of representation elections or the
21		conduct affecting the representation elections;
22		(6) to discriminate against any employee because he
23		has signed or filed an affidavit, petition, or charge or
24		provided any information or testimony under this Act;
25		(7) to picket or cause to be picketed, or threaten to
26		picket or cause to be picketed, any public employer where

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1		an object thereof is forcing or requiring an employer to
2		recognize or bargain with a labor organization of the
3		representative of its employees, or forcing or requiring
4		the employees of an employer to accept or select such
5		labor organization as their collective bargaining
6		representative, unless such labor organization is
7		currently certified as the representative of such
8		employees:
9		(A) where the employer has lawfully recognized in
10		accordance with this Act any labor organization and a
11		question concerning representation may not
12		appropriately be raised under Section 9 of this Act;
13		(B) where within the preceding 12 months a valid
14		election under Section 9 of this Act has been
15		conducted; or
16		(C) where such picketing has been conducted
17		without a petition under Section 9 being filed within
18		a reasonable period of time not to exceed 30 days from
19		the commencement of such picketing; provided that when
20		such a petition has been filed the Board shall
21		forthwith, without regard to the provisions of
22		subsection (a) of Section 9 or the absence of a showing
23		of a substantial interest on the part of the labor
24		organization, direct an election in such unit as the
25		Board finds to be appropriate and shall certify the
26		results thereof; provided further, that nothing in

HB5501 Engrossed - 86 - LRB102 24698 AMC 33937 b
1		this subparagraph shall be construed to prohibit any
2		picketing or other publicity for the purpose of
3		truthfully advising the public that an employer does
4		not employ members of, or have a contract with, a labor
5		organization unless an effect of such picketing is to
6		induce any individual employed by any other person in
7		the course of his employment, not to pick up, deliver,
8		or transport any goods or not to perform any services;
9		or
10		(8) to refuse to reduce a collective bargaining
11		agreement to writing or to refuse to sign such agreement.
12		(c) The expressing of any views, argument, or opinion or
13		the dissemination thereof, whether in written, printed,
14		graphic, or visual form, shall not constitute or be evidence
15		of an unfair labor practice under any of the provisions of this
16		Act, if such expression contains no threat of reprisal or
17		force or promise of benefit.
18		(d) The employer shall not discourage public employees or
19		applicants to be public employees from becoming or remaining
20		union members or authorizing dues deductions, and shall not
21		otherwise interfere with the relationship between employees
22		and their exclusive bargaining representative. The employer
23		shall refer all inquiries about union membership to the
24		exclusive bargaining representative, except that the employer
25		may communicate with employees regarding payroll processes and
26		procedures. The employer will establish email policies in an

HB5501 Engrossed - 87 - LRB102 24698 AMC 33937 b
1		effort to prohibit the use of its email system by outside
2		sources.
3		(Source: P.A. 101-620, eff. 12-20-19; 102-596, eff. 8-27-21;
4		revised 12-2-21.)
5		Section 30. The State Employee Indemnification Act is
6		amended by changing Section 1 as follows:
7		(5 ILCS 350/1) (from Ch. 127, par. 1301)
8		Sec. 1. Definitions. For the purpose of this Act:
9		(a) The term "State" means the State of Illinois, the
10		General Assembly, the court, or any State office, department,
11		division, bureau, board, commission, or committee, the
12		governing boards of the public institutions of higher
13		education created by the State, the Illinois National Guard,
14		the Illinois State Guard, the Comprehensive Health Insurance
15		Board, any poison control center designated under the Poison
16		Control System Act that receives State funding, or any other
17		agency or instrumentality of the State. It does not mean any
18		local public entity as that term is defined in Section 1-206 of
19		the Local Governmental and Governmental Employees Tort
20		Immunity Act or a pension fund.
21		(b) The term "employee" means: any present or former
22		elected or appointed officer, trustee or employee of the
23		State, or of a pension fund; any present or former
24		commissioner or employee of the Executive Ethics Commission or

HB5501 Engrossed - 88 - LRB102 24698 AMC 33937 b
1		of the Legislative Ethics Commission; any present or former
2		Executive, Legislative, or Auditor General's Inspector
3		General; any present or former employee of an Office of an
4		Executive, Legislative, or Auditor General's Inspector
5		General; any present or former member of the Illinois National
6		Guard while on active duty; any present or former member of the
7		Illinois State Guard while on State active duty; individuals
8		or organizations who contract with the Department of
9		Corrections, the Department of Juvenile Justice, the
10		Comprehensive Health Insurance Board, or the Department of
11		Veterans' Affairs to provide services; individuals or
12		organizations who contract with the Department of Human
13		Services (as successor to the Department of Mental Health and
14		Developmental Disabilities) to provide services including but
15		not limited to treatment and other services for sexually
16		violent persons; individuals or organizations who contract
17		with the Department of Military Affairs for youth programs;
18		individuals or organizations who contract to perform carnival
19		and amusement ride safety inspections for the Department of
20		Labor; individuals who contract with the Office of the State's
21		Attorneys Appellate Prosecutor to provide legal services, but
22		only when performing duties within the scope of the Office's
23		prosecutorial activities; individual representatives of or
24		designated organizations authorized to represent the Office of
25		State Long-Term Ombudsman for the Department on Aging;
26		individual representatives of or organizations designated by

HB5501 Engrossed - 89 - LRB102 24698 AMC 33937 b
1		the Department on Aging in the performance of their duties as
2		adult protective services agencies or regional administrative
3		agencies under the Adult Protective Services Act; individuals
4		or organizations appointed as members of a review team or the
5		Advisory Council under the Adult Protective Services Act;
6		individuals or organizations who perform volunteer services
7		for the State where such volunteer relationship is reduced to
8		writing; individuals who serve on any public entity (whether
9		created by law or administrative action) described in
10		paragraph (a) of this Section; individuals or not for profit
11		organizations who, either as volunteers, where such volunteer
12		relationship is reduced to writing, or pursuant to contract,
13		furnish professional advice or consultation to any agency or
14		instrumentality of the State; individuals who serve as foster
15		parents for the Department of Children and Family Services
16		when caring for youth in care as defined in Section 4d of the
17		Children and Family Services Act; individuals who serve as
18		members of an independent team of experts under the
19		Developmental Disability and Mental Health Safety Act (also
20		known as Brian's Law); and individuals who serve as
21		arbitrators pursuant to Part 10A of Article II of the Code of
22		Civil Procedure and the rules of the Supreme Court
23		implementing Part 10A, each as now or hereafter amended; the
24		members of the Certification Review Panel under the Illinois
25		Police Training Act; the term "employee" does not mean an
26		independent contractor except as provided in this Section. The

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1		term includes an individual appointed as an inspector by the
2		Director of the Illinois State Police when performing duties
3		within the scope of the activities of a Metropolitan
4		Enforcement Group or a law enforcement organization
5		established under the Intergovernmental Cooperation Act. An
6		individual who renders professional advice and consultation to
7		the State through an organization which qualifies as an
8		"employee" under the Act is also an employee. The term
9		includes the estate or personal representative of an employee.
10		(c) The term "pension fund" means a retirement system or
11		pension fund created under the Illinois Pension Code.
12		(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
13		102-538, eff. 8-20-21; revised 10-6-21.)
14		Section 35. The State Employees Group Insurance Act of
15		1971 is amended by changing Sections 3 and 6.11 as follows:
16		(5 ILCS 375/3) (from Ch. 127, par. 523)
17		Sec. 3. Definitions. Unless the context otherwise
18		requires, the following words and phrases as used in this Act
19		shall have the following meanings. The Department may define
20		these and other words and phrases separately for the purpose
21		of implementing specific programs providing benefits under
22		this Act.
23		(a) "Administrative service organization" means any
24		person, firm or corporation experienced in the handling of

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1		claims which is fully qualified, financially sound and capable
2		of meeting the service requirements of a contract of
3		administration executed with the Department.
4		(b) "Annuitant" means (1) an employee who retires, or has
5		retired, on or after January 1, 1966 on an immediate annuity
6		under the provisions of Articles 2, 14 (including an employee
7		who has elected to receive an alternative retirement
8		cancellation payment under Section 14-108.5 of the Illinois
9		Pension Code in lieu of an annuity or who meets the criteria
10		for retirement, but in lieu of receiving an annuity under that
11		Article has elected to receive an accelerated pension benefit
12		payment under Section 14-147.5 of that Article), 15 (including
13		an employee who has retired under the optional retirement
14		program established under Section 15-158.2 or who meets the
15		criteria for retirement but in lieu of receiving an annuity
16		under that Article has elected to receive an accelerated
17		pension benefit payment under Section 15-185.5 of the
18		Article), paragraph paragraphs (2), (3), or (5) of Section
19		16-106 (including an employee who meets the criteria for
20		retirement, but in lieu of receiving an annuity under that
21		Article has elected to receive an accelerated pension benefit
22		payment under Section 16-190.5 of the Illinois Pension Code),
23		or Article 18 of the Illinois Pension Code; (2) any person who
24		was receiving group insurance coverage under this Act as of
25		March 31, 1978 by reason of his status as an annuitant, even
26		though the annuity in relation to which such coverage was

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1		provided is a proportional annuity based on less than the
2		minimum period of service required for a retirement annuity in
3		the system involved; (3) any person not otherwise covered by
4		this Act who has retired as a participating member under
5		Article 2 of the Illinois Pension Code but is ineligible for
6		the retirement annuity under Section 2-119 of the Illinois
7		Pension Code; (4) the spouse of any person who is receiving a
8		retirement annuity under Article 18 of the Illinois Pension
9		Code and who is covered under a group health insurance program
10		sponsored by a governmental employer other than the State of
11		Illinois and who has irrevocably elected to waive his or her
12		coverage under this Act and to have his or her spouse
13		considered as the "annuitant" under this Act and not as a
14		"dependent"; or (5) an employee who retires, or has retired,
15		from a qualified position, as determined according to rules
16		promulgated by the Director, under a qualified local
17		government, a qualified rehabilitation facility, a qualified
18		domestic violence shelter or service, or a qualified child
19		advocacy center. (For definition of "retired employee", see
20		(p) post).
21		(b-5) (Blank).
22		(b-6) (Blank).
23		(b-7) (Blank).
24		(c) "Carrier" means (1) an insurance company, a
25		corporation organized under the Limited Health Service
26		Organization Act or the Voluntary Health Services Plans Act, a

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1		partnership, or other nongovernmental organization, which is
2		authorized to do group life or group health insurance business
3		in Illinois, or (2) the State of Illinois as a self-insurer.
4		(d) "Compensation" means salary or wages payable on a
5		regular payroll by the State Treasurer on a warrant of the
6		State Comptroller out of any State, trust or federal fund, or
7		by the Governor of the State through a disbursing officer of
8		the State out of a trust or out of federal funds, or by any
9		Department out of State, trust, federal or other funds held by
10		the State Treasurer or the Department, to any person for
11		personal services currently performed, and ordinary or
12		accidental disability benefits under Articles 2, 14, 15
13		(including ordinary or accidental disability benefits under
14		the optional retirement program established under Section
15		15-158.2), paragraph paragraphs (2), (3), or (5) of Section
16		16-106, or Article 18 of the Illinois Pension Code, for
17		disability incurred after January 1, 1966, or benefits payable
18		under the Workers' Compensation or Occupational Diseases Act
19		or benefits payable under a sick pay plan established in
20		accordance with Section 36 of the State Finance Act.
21		"Compensation" also means salary or wages paid to an employee
22		of any qualified local government, qualified rehabilitation
23		facility, qualified domestic violence shelter or service, or
24		qualified child advocacy center.
25		(e) "Commission" means the State Employees Group Insurance
26		Advisory Commission authorized by this Act. Commencing July 1,

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1		1984, "Commission" as used in this Act means the Commission on
2		Government Forecasting and Accountability as established by
3		the Legislative Commission Reorganization Act of 1984.
4		(f) "Contributory", when referred to as contributory
5		coverage, shall mean optional coverages or benefits elected by
6		the member toward the cost of which such member makes
7		contribution, or which are funded in whole or in part through
8		the acceptance of a reduction in earnings or the foregoing of
9		an increase in earnings by an employee, as distinguished from
10		noncontributory coverage or benefits which are paid entirely
11		by the State of Illinois without reduction of the member's
12		salary.
13		(g) "Department" means any department, institution, board,
14		commission, officer, court or any agency of the State
15		government receiving appropriations and having power to
16		certify payrolls to the Comptroller authorizing payments of
17		salary and wages against such appropriations as are made by
18		the General Assembly from any State fund, or against trust
19		funds held by the State Treasurer and includes boards of
20		trustees of the retirement systems created by Articles 2, 14,
21		15, 16, and 18 of the Illinois Pension Code. "Department" also
22		includes the Illinois Comprehensive Health Insurance Board,
23		the Board of Examiners established under the Illinois Public
24		Accounting Act, and the Illinois Finance Authority.
25		(h) "Dependent", when the term is used in the context of
26		the health and life plan, means a member's spouse and any child

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1		(1) from birth to age 26 including an adopted child, a child
2		who lives with the member from the time of the placement for
3		adoption until entry of an order of adoption, a stepchild or
4		adjudicated child, or a child who lives with the member if such
5		member is a court appointed guardian of the child or (2) age 19
6		or over who has a mental or physical disability from a cause
7		originating prior to the age of 19 (age 26 if enrolled as an
8		adult child dependent). For the health plan only, the term
9		"dependent" also includes (1) any person enrolled prior to the
10		effective date of this Section who is dependent upon the
11		member to the extent that the member may claim such person as a
12		dependent for income tax deduction purposes and (2) any person
13		who has received after June 30, 2000 an organ transplant and
14		who is financially dependent upon the member and eligible to
15		be claimed as a dependent for income tax purposes. A member
16		requesting to cover any dependent must provide documentation
17		as requested by the Department of Central Management Services
18		and file with the Department any and all forms required by the
19		Department.
20		(i) "Director" means the Director of the Illinois
21		Department of Central Management Services.
22		(j) "Eligibility period" means the period of time a member
23		has to elect enrollment in programs or to select benefits
24		without regard to age, sex or health.
25		(k) "Employee" means and includes each officer or employee
26		in the service of a department who (1) receives his

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1		compensation for service rendered to the department on a
2		warrant issued pursuant to a payroll certified by a department
3		or on a warrant or check issued and drawn by a department upon
4		a trust, federal or other fund or on a warrant issued pursuant
5		to a payroll certified by an elected or duly appointed officer
6		of the State or who receives payment of the performance of
7		personal services on a warrant issued pursuant to a payroll
8		certified by a Department and drawn by the Comptroller upon
9		the State Treasurer against appropriations made by the General
10		Assembly from any fund or against trust funds held by the State
11		Treasurer, and (2) is employed full-time or part-time in a
12		position normally requiring actual performance of duty during
13		not less than 1/2 of a normal work period, as established by
14		the Director in cooperation with each department, except that
15		persons elected by popular vote will be considered employees
16		during the entire term for which they are elected regardless
17		of hours devoted to the service of the State, and (3) except
18		that "employee" does not include any person who is not
19		eligible by reason of such person's employment to participate
20		in one of the State retirement systems under Articles 2, 14, 15
21		(either the regular Article 15 system or the optional
22		retirement program established under Section 15-158.2), or 18,
23		or under paragraph (2), (3), or (5) of Section 16-106, of the
24		Illinois Pension Code, but such term does include persons who
25		are employed during the 6-month 6 month qualifying period
26		under Article 14 of the Illinois Pension Code. Such term also

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1		includes any person who (1) after January 1, 1966, is
2		receiving ordinary or accidental disability benefits under
3		Articles 2, 14, 15 (including ordinary or accidental
4		disability benefits under the optional retirement program
5		established under Section 15-158.2), paragraph paragraphs (2),
6		(3), or (5) of Section 16-106, or Article 18 of the Illinois
7		Pension Code, for disability incurred after January 1, 1966,
8		(2) receives total permanent or total temporary disability
9		under the Workers' Compensation Act or Occupational Disease
10		Act as a result of injuries sustained or illness contracted in
11		the course of employment with the State of Illinois, or (3) is
12		not otherwise covered under this Act and has retired as a
13		participating member under Article 2 of the Illinois Pension
14		Code but is ineligible for the retirement annuity under
15		Section 2-119 of the Illinois Pension Code. However, a person
16		who satisfies the criteria of the foregoing definition of
17		"employee" except that such person is made ineligible to
18		participate in the State Universities Retirement System by
19		clause (4) of subsection (a) of Section 15-107 of the Illinois
20		Pension Code is also an "employee" for the purposes of this
21		Act. "Employee" also includes any person receiving or eligible
22		for benefits under a sick pay plan established in accordance
23		with Section 36 of the State Finance Act. "Employee" also
24		includes (i) each officer or employee in the service of a
25		qualified local government, including persons appointed as
26		trustees of sanitary districts regardless of hours devoted to

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1		the service of the sanitary district, (ii) each employee in
2		the service of a qualified rehabilitation facility, (iii) each
3		full-time employee in the service of a qualified domestic
4		violence shelter or service, and (iv) each full-time employee
5		in the service of a qualified child advocacy center, as
6		determined according to rules promulgated by the Director.
7		(l) "Member" means an employee, annuitant, retired
8		employee, or survivor. In the case of an annuitant or retired
9		employee who first becomes an annuitant or retired employee on
10		or after January 13, 2012 (the effective date of Public Act
11		97-668), the individual must meet the minimum vesting
12		requirements of the applicable retirement system in order to
13		be eligible for group insurance benefits under that system. In
14		the case of a survivor who first becomes a survivor on or after
15		January 13, 2012 (the effective date of Public Act 97-668),
16		the deceased employee, annuitant, or retired employee upon
17		whom the annuity is based must have been eligible to
18		participate in the group insurance system under the applicable
19		retirement system in order for the survivor to be eligible for
20		group insurance benefits under that system.
21		(m) "Optional coverages or benefits" means those coverages
22		or benefits available to the member on his or her voluntary
23		election, and at his or her own expense.
24		(n) "Program" means the group life insurance, health
25		benefits and other employee benefits designed and contracted
26		for by the Director under this Act.

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1		(o) "Health plan" means a health benefits program offered
2		by the State of Illinois for persons eligible for the plan.
3		(p) "Retired employee" means any person who would be an
4		annuitant as that term is defined herein but for the fact that
5		such person retired prior to January 1, 1966. Such term also
6		includes any person formerly employed by the University of
7		Illinois in the Cooperative Extension Service who would be an
8		annuitant but for the fact that such person was made
9		ineligible to participate in the State Universities Retirement
10		System by clause (4) of subsection (a) of Section 15-107 of the
11		Illinois Pension Code.
12		(q) "Survivor" means a person receiving an annuity as a
13		survivor of an employee or of an annuitant. "Survivor" also
14		includes: (1) the surviving dependent of a person who
15		satisfies the definition of "employee" except that such person
16		is made ineligible to participate in the State Universities
17		Retirement System by clause (4) of subsection (a) of Section
18		15-107 of the Illinois Pension Code; (2) the surviving
19		dependent of any person formerly employed by the University of
20		Illinois in the Cooperative Extension Service who would be an
21		annuitant except for the fact that such person was made
22		ineligible to participate in the State Universities Retirement
23		System by clause (4) of subsection (a) of Section 15-107 of the
24		Illinois Pension Code; (3) the surviving dependent of a person
25		who was an annuitant under this Act by virtue of receiving an
26		alternative retirement cancellation payment under Section

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1		14-108.5 of the Illinois Pension Code; and (4) a person who
2		would be receiving an annuity as a survivor of an annuitant
3		except that the annuitant elected on or after June 4, 2018 to
4		receive an accelerated pension benefit payment under Section
5		14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code
6		in lieu of receiving an annuity.
7		(q-2) "SERS" means the State Employees' Retirement System
8		of Illinois, created under Article 14 of the Illinois Pension
9		Code.
10		(q-3) "SURS" means the State Universities Retirement
11		System, created under Article 15 of the Illinois Pension Code.
12		(q-4) "TRS" means the Teachers' Retirement System of the
13		State of Illinois, created under Article 16 of the Illinois
14		Pension Code.
15		(q-5) (Blank).
16		(q-6) (Blank).
17		(q-7) (Blank).
18		(r) "Medical services" means the services provided within
19		the scope of their licenses by practitioners in all categories
20		licensed under the Medical Practice Act of 1987.
21		(s) "Unit of local government" means any county,
22		municipality, township, school district (including a
23		combination of school districts under the Intergovernmental
24		Cooperation Act), special district or other unit, designated
25		as a unit of local government by law, which exercises limited
26		governmental powers or powers in respect to limited

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1		governmental subjects, any not-for-profit association with a
2		membership that primarily includes townships and township
3		officials, that has duties that include provision of research
4		service, dissemination of information, and other acts for the
5		purpose of improving township government, and that is funded
6		wholly or partly in accordance with Section 85-15 of the
7		Township Code; any not-for-profit corporation or association,
8		with a membership consisting primarily of municipalities, that
9		operates its own utility system, and provides research,
10		training, dissemination of information, or other acts to
11		promote cooperation between and among municipalities that
12		provide utility services and for the advancement of the goals
13		and purposes of its membership; the Southern Illinois
14		Collegiate Common Market, which is a consortium of higher
15		education institutions in Southern Illinois; the Illinois
16		Association of Park Districts; and any hospital provider that
17		is owned by a county that has 100 or fewer hospital beds and
18		has not already joined the program. "Qualified local
19		government" means a unit of local government approved by the
20		Director and participating in a program created under
21		subsection (i) of Section 10 of this Act.
22		(t) "Qualified rehabilitation facility" means any
23		not-for-profit organization that is accredited by the
24		Commission on Accreditation of Rehabilitation Facilities or
25		certified by the Department of Human Services (as successor to
26		the Department of Mental Health and Developmental

HB5501 Engrossed - 102 - LRB102 24698 AMC 33937 b
1		Disabilities) to provide services to persons with disabilities
2		and which receives funds from the State of Illinois for
3		providing those services, approved by the Director and
4		participating in a program created under subsection (j) of
5		Section 10 of this Act.
6		(u) "Qualified domestic violence shelter or service" means
7		any Illinois domestic violence shelter or service and its
8		administrative offices funded by the Department of Human
9		Services (as successor to the Illinois Department of Public
10		Aid), approved by the Director and participating in a program
11		created under subsection (k) of Section 10.
12		(v) "TRS benefit recipient" means a person who:
13		(1) is not a "member" as defined in this Section; and
14		(2) is receiving a monthly benefit or retirement
15		annuity under Article 16 of the Illinois Pension Code or
16		would be receiving such monthly benefit or retirement
17		annuity except that the benefit recipient elected on or
18		after June 4, 2018 to receive an accelerated pension
19		benefit payment under Section 16-190.5 of the Illinois
20		Pension Code in lieu of receiving an annuity; and
21		(3) either (i) has at least 8 years of creditable
22		service under Article 16 of the Illinois Pension Code, or
23		(ii) was enrolled in the health insurance program offered
24		under that Article on January 1, 1996, or (iii) is the
25		survivor of a benefit recipient who had at least 8 years of
26		creditable service under Article 16 of the Illinois

HB5501 Engrossed - 103 - LRB102 24698 AMC 33937 b
1		Pension Code or was enrolled in the health insurance
2		program offered under that Article on June 21, 1995 (the
3		effective date of Public Act 89-25), or (iv) is a
4		recipient or survivor of a recipient of a disability
5		benefit under Article 16 of the Illinois Pension Code.
6		(w) "TRS dependent beneficiary" means a person who:
7		(1) is not a "member" or "dependent" as defined in
8		this Section; and
9		(2) is a TRS benefit recipient's: (A) spouse, (B)
10		dependent parent who is receiving at least half of his or
11		her support from the TRS benefit recipient, or (C)
12		natural, step, adjudicated, or adopted child who is (i)
13		under age 26, (ii) was, on January 1, 1996, participating
14		as a dependent beneficiary in the health insurance program
15		offered under Article 16 of the Illinois Pension Code, or
16		(iii) age 19 or over who has a mental or physical
17		disability from a cause originating prior to the age of 19
18		(age 26 if enrolled as an adult child).
19		"TRS dependent beneficiary" does not include, as indicated
20		under paragraph (2) of this subsection (w), a dependent of the
21		survivor of a TRS benefit recipient who first becomes a
22		dependent of a survivor of a TRS benefit recipient on or after
23		January 13, 2012 (the effective date of Public Act 97-668)
24		unless that dependent would have been eligible for coverage as
25		a dependent of the deceased TRS benefit recipient upon whom
26		the survivor benefit is based.

HB5501 Engrossed - 104 - LRB102 24698 AMC 33937 b
1		(x) "Military leave" refers to individuals in basic
2		training for reserves, special/advanced training, annual
3		training, emergency call up, activation by the President of
4		the United States, or any other training or duty in service to
5		the United States Armed Forces.
6		(y) (Blank).
7		(z) "Community college benefit recipient" means a person
8		who:
9		(1) is not a "member" as defined in this Section; and
10		(2) is receiving a monthly survivor's annuity or
11		retirement annuity under Article 15 of the Illinois
12		Pension Code or would be receiving such monthly survivor's
13		annuity or retirement annuity except that the benefit
14		recipient elected on or after June 4, 2018 to receive an
15		accelerated pension benefit payment under Section 15-185.5
16		of the Illinois Pension Code in lieu of receiving an
17		annuity; and
18		(3) either (i) was a full-time employee of a community
19		college district or an association of community college
20		boards created under the Public Community College Act
21		(other than an employee whose last employer under Article
22		15 of the Illinois Pension Code was a community college
23		district subject to Article VII of the Public Community
24		College Act) and was eligible to participate in a group
25		health benefit plan as an employee during the time of
26		employment with a community college district (other than a

HB5501 Engrossed - 105 - LRB102 24698 AMC 33937 b
1		community college district subject to Article VII of the
2		Public Community College Act) or an association of
3		community college boards, or (ii) is the survivor of a
4		person described in item (i).
5		(aa) "Community college dependent beneficiary" means a
6		person who:
7		(1) is not a "member" or "dependent" as defined in
8		this Section; and
9		(2) is a community college benefit recipient's: (A)
10		spouse, (B) dependent parent who is receiving at least
11		half of his or her support from the community college
12		benefit recipient, or (C) natural, step, adjudicated, or
13		adopted child who is (i) under age 26, or (ii) age 19 or
14		over and has a mental or physical disability from a cause
15		originating prior to the age of 19 (age 26 if enrolled as
16		an adult child).
17		"Community college dependent beneficiary" does not
18		include, as indicated under paragraph (2) of this subsection
19		(aa), a dependent of the survivor of a community college
20		benefit recipient who first becomes a dependent of a survivor
21		of a community college benefit recipient on or after January
22		13, 2012 (the effective date of Public Act 97-668) unless that
23		dependent would have been eligible for coverage as a dependent
24		of the deceased community college benefit recipient upon whom
25		the survivor annuity is based.
26		(bb) "Qualified child advocacy center" means any Illinois

HB5501 Engrossed - 106 - LRB102 24698 AMC 33937 b
1		child advocacy center and its administrative offices funded by
2		the Department of Children and Family Services, as defined by
3		the Children's Advocacy Center Act (55 ILCS 80/), approved by
4		the Director and participating in a program created under
5		subsection (n) of Section 10.
6		(cc) "Placement for adoption" means the assumption and
7		retention by a member of a legal obligation for total or
8		partial support of a child in anticipation of adoption of the
9		child. The child's placement with the member terminates upon
10		the termination of such legal obligation.
11		(Source: P.A. 101-242, eff. 8-9-19; 102-558, eff. 8-20-21;
12		revised 12-2-21.)
13		(5 ILCS 375/6.11)
14		Sec. 6.11. Required health benefits; Illinois Insurance
15		Code requirements. The program of health benefits shall
16		provide the post-mastectomy care benefits required to be
17		covered by a policy of accident and health insurance under
18		Section 356t of the Illinois Insurance Code. The program of
19		health benefits shall provide the coverage required under
20		Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
21		356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
22		356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
23		356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
24		356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and
25		356z.51 and 356z.43 of the Illinois Insurance Code. The

HB5501 Engrossed - 107 - LRB102 24698 AMC 33937 b
1		program of health benefits must comply with Sections 155.22a,
2		155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of
3		the Illinois Insurance Code. The Department of Insurance shall
4		enforce the requirements of this Section with respect to
5		Sections 370c and 370c.1 of the Illinois Insurance Code; all
6		other requirements of this Section shall be enforced by the
7		Department of Central Management Services.
8		Rulemaking authority to implement Public Act 95-1045, if
9		any, is conditioned on the rules being adopted in accordance
10		with all provisions of the Illinois Administrative Procedure
11		Act and all rules and procedures of the Joint Committee on
12		Administrative Rules; any purported rule not so adopted, for
13		whatever reason, is unauthorized.
14		(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
15		101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
16		1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
17		eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
18		102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised
19		10-26-21.)
20		Section 40. The Sick Leave Bank Act is amended by changing
21		Section 5.10 as follows:
22		(5 ILCS 400/5.10) (from Ch. 127, par. 4255.10)
23		Sec. 5.10. "Agency" means any branch, department, board,
24		committee or commission of State government, but does not

HB5501 Engrossed - 108 - LRB102 24698 AMC 33937 b
1		include units of local government, school districts, or boards
2		of election commissioners, or the State Board of Education.
3		(Source: P.A. 102-539, eff. 8-20-21; revised 12-2-21.)
4		Section 45. The Illinois Governmental Ethics Act is
5		amended by changing Sections 4A-102 and 4A-107 as follows:
6		(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
7		Sec. 4A-102. The statement of economic interests required
8		by this Article shall include the economic interests of the
9		person making the statement as provided in this Section.
10		(a) The interest (if constructively controlled by the
11		person making the statement) of a spouse or any other party,
12		shall be considered to be the same as the interest of the
13		person making the statement. Campaign receipts shall not be
14		included in this statement. The following interests shall be
15		listed by all persons required to file:
16		(1) each asset that has a value of more than $10,000 as
17		of the end of the preceding calendar year and is: (i) held
18		in the filer's name, (ii) held jointly by the filer with
19		his or her spouse, or (iii) held jointly by the filer with
20		his or her minor child or children. For a beneficial
21		interest in a trust, the value is based on the total value
22		of the assets either subject to the beneficial interest,
23		or from which income is to be derived for the benefit of
24		the beneficial interest, regardless of whether any

HB5501 Engrossed - 109 - LRB102 24698 AMC 33937 b
1		distributions have been made for the benefit of the
2		beneficial interest;
3		(2) excluding the income from the position that
4		requires the filing of a statement of economic interests
5		under this Act, each source of income in excess of $7,500
6		during the preceding calendar year (as required to be
7		reported on the filer's federal income tax return covering
8		the preceding calendar year) for the filer and his or her
9		spouse and, if the sale or transfer of an asset produced
10		more than $7,500 in capital gains during the preceding
11		calendar year, the transaction date on which that asset
12		was sold or transferred;
13		(3) each creditor of a debt in excess of $10,000 that,
14		during the preceding calendar year, was: (i) owed by the
15		filer, (ii) owed jointly by the filer with his or her
16		spouse or (iii) owed jointly by the filer with his or her
17		minor child or children;
18		(4) the name of each unit of government of which the
19		filer or his or her spouse was an employee, contractor, or
20		office holder during the preceding calendar year other
21		than the unit or units of government in relation to which
22		the person is required to file and the title of the
23		position or nature of the contractual services;
24		(5) each person known to the filer to be registered as
25		a lobbyist with any unit of government in the State of
26		Illinois: (i) with whom the filer maintains an economic

HB5501 Engrossed - 110 - LRB102 24698 AMC 33937 b
1		relationship, or (ii) who is a member of the filer's
2		family; and
3		(6) each source and type of gift or gifts, or
4		honorarium or honoraria, valued singly or in the aggregate
5		in excess of $500 that was received during the preceding
6		calendar year, excluding any gift or gifts from a member
7		of the filer's family that was not known to the filer to be
8		registered as a lobbyist with any unit of government in
9		the State of Illinois; and .
10		(7) the name of any spouse or immediate family member
11		living with such person employed by a public utility in
12		this State and the name of the public utility that employs
13		such person.
14		For the purposes of this Section, the unit of local
15		government in relation to which a person is required to file
16		under item (e) of Section 4A-101.5 shall be the unit of local
17		government that contributes to the pension fund of which such
18		person is a member of the board.
19		(b) Beginning December 1, 2025, and for every 5 years
20		thereafter, the Secretary of State shall adjust the amounts
21		specified under this Section that prompt disclosure under this
22		Act for purposes of inflation as determined by the Consumer
23		Price Index for All Urban Consumers as issued by the United
24		States Department of Labor and rounded to the nearest $100.
25		The Secretary shall publish this information on the official
26		website of the Secretary of State, and make changes to the

HB5501 Engrossed - 111 - LRB102 24698 AMC 33937 b
1		statement of economic interests form to be completed for the
2		following year.
3		(c) The Secretary of State shall develop and make publicly
4		available on his or her website written guidance relating to
5		the completion and filing of the statement of economic
6		interests upon which a filer may reasonably and in good faith
7		rely.
8		(d) The following interest shall also be listed by
9		persons listed in items (a) through (f) of Section 4A-101:
10		the name of any spouse or immediate family member living
11		with such person employed by a public utility in this
12		State and the name of the public utility that employs such
13		person. is
14		(Source: P.A. 101-221, eff. 8-9-19; 102-662, eff. 9-15-21;
15		102-664, eff. 1-1-22; revised 11-17-21.)
16		(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
17		Sec. 4A-107. Any person required to file a statement of
18		economic interests under this Article who willfully files a
19		false or incomplete statement shall be guilty of a Class A
20		misdemeanor; provided, a filer's statement made in reasonable,
21		good faith reliance on the guidance provided by the Secretary
22		of State pursuant to Section 4A-102 or his or her ethics
23		officer shall not constitute a willful false or incomplete
24		statement.
25		Except when the fees and penalties for late filing have

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1		been waived under Section 4A-105, failure to file a statement
2		within the time prescribed shall result in ineligibility for,
3		or forfeiture of, office or position of employment, as the
4		case may be; provided, however, that if the notice of failure
5		to file a statement of economic interests provided in Section
6		4A-105 of this Act is not given by the Secretary of State or
7		the county clerk, as the case may be, no forfeiture shall
8		result if a statement is filed within 30 days of actual notice
9		of the failure to file. The Secretary of State shall provide
10		the Attorney General with the names of persons who failed to
11		file a statement. The county clerk shall provide the State's
12		Attorney of the county of the entity for which the filing of a
13		statement of economic interest is required with the name of
14		persons who failed to file a statement.
15		The Attorney General, with respect to offices or positions
16		described in items (a) through (f) and items (j), (l), (n), and
17		(p) of Section 4A-101 of this Act, or the State's Attorney of
18		the county of the entity for which the filing of statements of
19		economic interests is required, with respect to offices or
20		positions described in items (a) through (e) of Section
21		4A-101.5, shall bring an action in quo warranto against any
22		person who has failed to file by either May 31 or June 30 of
23		any given year and for whom the fees and penalties for late
24		filing have not been waived under Section 4A-105.
25		(Source: P.A. 101-221, eff. 8-9-19; 102-664, eff. 1-1-22;
26		revised 12-16-21.)

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1		Section 50. The State Officials and Employees Ethics Act
2		is amended by changing Section 5-50 as follows:
3		(5 ILCS 430/5-50)
4		Sec. 5-50. Ex parte communications; special government
5		agents.
6		(a) This Section applies to ex parte communications made
7		to any agency listed in subsection (e).
8		(b) "Ex parte communication" means any written or oral
9		communication by any person that imparts or requests material
10		information or makes a material argument regarding potential
11		action concerning regulatory, quasi-adjudicatory, investment,
12		or licensing matters pending before or under consideration by
13		the agency. "Ex parte communication" does not include the
14		following: (i) statements by a person publicly made in a
15		public forum; (ii) statements regarding matters of procedure
16		and practice, such as format, the number of copies required,
17		the manner of filing, and the status of a matter; and (iii)
18		statements made by a State employee of the agency to the agency
19		head or other employees of that agency.
20		(b-5) An ex parte communication received by an agency,
21		agency head, or other agency employee from an interested party
22		or his or her official representative or attorney shall
23		promptly be memorialized and made a part of the record.
24		(c) An ex parte communication received by any agency,

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1		agency head, or other agency employee, other than an ex parte
2		communication described in subsection (b-5), shall immediately
3		be reported to that agency's ethics officer by the recipient
4		of the communication and by any other employee of that agency
5		who responds to the communication. The ethics officer shall
6		require that the ex parte communication be promptly made a
7		part of the record. The ethics officer shall promptly file the
8		ex parte communication with the Executive Ethics Commission,
9		including all written communications, all written responses to
10		the communications, and a memorandum prepared by the ethics
11		officer stating the nature and substance of all oral
12		communications, the identity and job title of the person to
13		whom each communication was made, all responses made, the
14		identity and job title of the person making each response, the
15		identity of each person from whom the written or oral ex parte
16		communication was received, the individual or entity
17		represented by that person, any action the person requested or
18		recommended, and any other pertinent information. The
19		disclosure shall also contain the date of any ex parte
20		communication.
21		(d) "Interested party" means a person or entity whose
22		rights, privileges, or interests are the subject of or are
23		directly affected by a regulatory, quasi-adjudicatory,
24		investment, or licensing matter. For purposes of an ex parte
25		communication received by either the Illinois Commerce
26		Commission or the Illinois Power Agency, "interested party"

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1		also includes: (1) an organization comprised of 2 or more
2		businesses, persons, nonprofit entities, or any combination
3		thereof, that are working in concert to advance public policy
4		advocated by the organization, or (2) any party selling
5		renewable energy resources procured by the Illinois Power
6		Agency pursuant to Section 16-111.5 of the Public Utilities
7		Act and Section 1-75 of the Illinois Power Agency Act.
8		(e) This Section applies to the following agencies:
9		Executive Ethics Commission
10		Illinois Commerce Commission
11		Illinois Power Agency
12		Educational Labor Relations Board
13		State Board of Elections
14		Illinois Gaming Board
15		Health Facilities and Services Review Board
16		Illinois Workers' Compensation Commission
17		Illinois Labor Relations Board
18		Illinois Liquor Control Commission
19		Pollution Control Board
20		Property Tax Appeal Board
21		Illinois Racing Board
22		Illinois Purchased Care Review Board
23		Illinois State Police Merit Board
24		Motor Vehicle Review Board
25		Prisoner Review Board
26		Civil Service Commission

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1		Personnel Review Board for the Treasurer
2		Merit Commission for the Secretary of State
3		Merit Commission for the Office of the Comptroller
4		Court of Claims
5		Board of Review of the Department of Employment Security
6		Department of Insurance
7		Department of Professional Regulation and licensing boards
8		under the Department
9		Department of Public Health and licensing boards under the
10		Department
11		Office of Banks and Real Estate and licensing boards under
12		the Office
13		State Employees Retirement System Board of Trustees
14		Judges Retirement System Board of Trustees
15		General Assembly Retirement System Board of Trustees
16		Illinois Board of Investment
17		State Universities Retirement System Board of Trustees
18		Teachers Retirement System Officers Board of Trustees
19		(f) Any person who fails to (i) report an ex parte
20		communication to an ethics officer, (ii) make information part
21		of the record, or (iii) make a filing with the Executive Ethics
22		Commission as required by this Section or as required by
23		Section 5-165 of the Illinois Administrative Procedure Act
24		violates this Act.
25		(Source: P.A. 102-538, eff. 8-20-21; 102-662, eff. 9-15-21;
26		revised 11-17-21.)

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1		Section 55. The Community-Law Enforcement and Other First
2		Responder Partnership for Deflection and Substance Use
3		Disorder Treatment Act is amended by changing Sections 10 and
4		35 as follows:
5		(5 ILCS 820/10)
6		Sec. 10. Definitions. In this Act:
7		"Case management" means those services which will assist
8		persons in gaining access to needed social, educational,
9		medical, substance use and mental health treatment, and other
10		services.
11		"Community member or organization" means an individual
12		volunteer, resident, public office, or a not-for-profit
13		organization, religious institution, charitable organization,
14		or other public body committed to the improvement of
15		individual and family mental and physical well-being and the
16		overall social welfare of the community, and may include
17		persons with lived experience in recovery from substance use
18		disorder, either themselves or as family members.
19		"Other first responder" means and includes emergency
20		medical services providers that are public units of
21		government, fire departments and districts, and officials and
22		responders representing and employed by these entities.
23		"Deflection program" means a program in which a peace
24		officer or member of a law enforcement agency or other first

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1		responder facilitates contact between an individual and a
2		licensed substance use treatment provider or clinician for
3		assessment and coordination of treatment planning, including
4		co-responder approaches that incorporate behavioral health,
5		peer, or social work professionals with law enforcement or
6		other first responders at the scene. This facilitation
7		includes defined criteria for eligibility and communication
8		protocols agreed to by the law enforcement agency or other
9		first responder entity and the licensed treatment provider for
10		the purpose of providing substance use treatment to those
11		persons in lieu of arrest or further justice system
12		involvement, or unnecessary admissions to the emergency
13		department. Deflection programs may include, but are not
14		limited to, the following types of responses:
15		(1) a post-overdose deflection response initiated by a
16		peace officer or law enforcement agency subsequent to
17		emergency administration of medication to reverse an
18		overdose, or in cases of severe substance use disorder
19		with acute risk for overdose;
20		(2) a self-referral deflection response initiated by
21		an individual by contacting a peace officer or law
22		enforcement agency or other first responder in the
23		acknowledgment of their substance use or disorder;
24		(3) an active outreach deflection response initiated
25		by a peace officer or law enforcement agency or other
26		first responder as a result of proactive identification of

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1		persons thought likely to have a substance use disorder;
2		(4) an officer or other first responder prevention
3		deflection response initiated by a peace officer or law
4		enforcement agency in response to a community call when no
5		criminal charges are present; and
6		(5) an officer intervention deflection response when
7		criminal charges are present but held in abeyance pending
8		engagement with treatment.
9		"Law enforcement agency" means a municipal police
10		department or county sheriff's office of this State, the
11		Illinois State Police, or other law enforcement agency whose
12		officers, by statute, are granted and authorized to exercise
13		powers similar to those conferred upon any peace officer
14		employed by a law enforcement agency of this State.
15		"Licensed treatment provider" means an organization
16		licensed by the Department of Human Services to perform an
17		activity or service, or a coordinated range of those
18		activities or services, as the Department of Human Services
19		may establish by rule, such as the broad range of emergency,
20		outpatient, intensive outpatient, and residential services and
21		care, including assessment, diagnosis, case management,
22		medical, psychiatric, psychological and social services,
23		medication-assisted treatment, care and counseling, and
24		recovery support, which may be extended to persons to assess
25		or treat substance use disorder or to families of those
26		persons.

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1		"Peace officer" means any peace officer or member of any
2		duly organized State, county, or municipal peace officer unit,
3		any police force of another State, or any police force whose
4		members, by statute, are granted and authorized to exercise
5		powers similar to those conferred upon any peace officer
6		employed by a law enforcement agency of this State.
7		"Substance use disorder" means a pattern of use of alcohol
8		or other drugs leading to clinical or functional impairment,
9		in accordance with the definition in the Diagnostic and
10		Statistical Manual of Mental Disorders (DSM-5), or in any
11		subsequent editions.
12		"Treatment" means the broad range of emergency,
13		outpatient, intensive outpatient, and residential services and
14		care (including assessment, diagnosis, case management,
15		medical, psychiatric, psychological and social services,
16		medication-assisted treatment, care and counseling, and
17		recovery support) which may be extended to persons who have
18		substance use disorders, persons with mental illness, or
19		families of those persons.
20		(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
21		revised 10-6-21.)
22		(5 ILCS 820/35)
23		Sec. 35. Funding.
24		(a) The General Assembly may appropriate funds to the
25		Illinois Criminal Justice Information Authority for the

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1		purpose of funding law enforcement agencies or other first
2		responder entities for services provided by deflection program
3		partners as part of deflection programs subject to subsection
4		(d) of Section 15 of this Act.
5		(a.1) Up to 10 percent of appropriated funds may be
6		expended on activities related to knowledge dissemination,
7		training, technical assistance, or other similar activities
8		intended to increase practitioner and public awareness of
9		deflection and/or to support its implementation. The Illinois
10		Criminal Justice Information Authority may adopt guidelines
11		and requirements to direct the distribution of funds for these
12		activities.
13		(b) For all appropriated funds not distributed under
14		subsection (a.1) a.1, the Illinois Criminal Justice
15		Information Authority may adopt guidelines and requirements to
16		direct the distribution of funds for expenses related to
17		deflection programs. Funding shall be made available to
18		support both new and existing deflection programs in a broad
19		spectrum of geographic regions in this State, including urban,
20		suburban, and rural communities. Funding for deflection
21		programs shall be prioritized for communities that have been
22		impacted by the war on drugs, communities that have a
23		police/community relations issue, and communities that have a
24		disproportionate lack of access to mental health and drug
25		treatment. Activities eligible for funding under this Act may
26		include, but are not limited to, the following:

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1		(1) activities related to program administration,
2		coordination, or management, including, but not limited
3		to, the development of collaborative partnerships with
4		licensed treatment providers and community members or
5		organizations; collection of program data; or monitoring
6		of compliance with a local deflection program plan;
7		(2) case management including case management provided
8		prior to assessment, diagnosis, and engagement in
9		treatment, as well as assistance navigating and gaining
10		access to various treatment modalities and support
11		services;
12		(3) peer recovery or recovery support services that
13		include the perspectives of persons with the experience of
14		recovering from a substance use disorder, either
15		themselves or as family members;
16		(4) transportation to a licensed treatment provider or
17		other program partner location;
18		(5) program evaluation activities; .
19		(6) naloxone and related supplies necessary for
20		carrying out overdose reversal for purposes of
21		distribution to program participants or for use by law
22		enforcement or other first responders; and
23		(7) treatment necessary to prevent gaps in service
24		delivery between linkage and coverage by other funding
25		sources when otherwise non-reimbursable.
26		(c) Specific linkage agreements with recovery support

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1		services or self-help entities may be a requirement of the
2		program services protocols. All deflection programs shall
3		encourage the involvement of key family members and
4		significant others as a part of a family-based approach to
5		treatment. All deflection programs are encouraged to use
6		evidence-based practices and outcome measures in the provision
7		of substance use disorder treatment and medication-assisted
8		treatment for persons with opioid use disorders.
9		(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
10		101-652, eff. 7-1-21; revised 11-24-21.)
11		Section 60. The Gun Trafficking Information Act is amended
12		by changing Section 10-5 as follows:
13		(5 ILCS 830/10-5)
14		Sec. 10-5. Gun trafficking information.
15		(a) The Illinois State Police shall use all reasonable
16		efforts in making publicly available, on a regular and ongoing
17		basis, key information related to firearms used in the
18		commission of crimes in this State, including, but not limited
19		to: reports on crimes committed with firearms, locations where
20		the crimes occurred, the number of persons killed or injured
21		in the commission of the crimes, the state where the firearms
22		used originated, the Federal Firearms Licensee that sold the
23		firearm, the type of firearms used, annual statistical
24		information concerning Firearm Owner's Identification Card and

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1		concealed carry license applications, revocations, and
2		compliance with Section 9.5 of the Firearm Owners
3		Identification Card Act, firearm restraining order
4		dispositions, and firearm dealer license certification
5		inspections. The Illinois State Police shall make the
6		information available on its website, which may be presented
7		in a dashboard format, in addition to electronically filing a
8		report with the Governor and the General Assembly. The report
9		to the General Assembly shall be filed with the Clerk of the
10		House of Representatives and the Secretary of the Senate in
11		electronic form only, in the manner that the Clerk and the
12		Secretary shall direct.
13		(b) The Illinois State Police shall study, on a regular
14		and ongoing basis, and compile reports on the number of
15		Firearm Owner's Identification Card checks to determine
16		firearms trafficking or straw purchase patterns. The Illinois
17		State Police shall, to the extent not inconsistent with law,
18		share such reports and underlying data with academic centers,
19		foundations, and law enforcement agencies studying firearms
20		trafficking, provided that personally identifying information
21		is protected. For purposes of this subsection (b), a Firearm
22		Owner's Identification Card number is not personally
23		identifying information, provided that no other personal
24		information of the card holder is attached to the record. The
25		Illinois State Police may create and attach an alternate
26		unique identifying number to each Firearm Owner's

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1		Identification Card number, instead of releasing the Firearm
2		Owner's Identification Card number itself.
3		(c) Each department, office, division, and agency of this
4		State shall, to the extent not inconsistent with law,
5		cooperate fully with the Illinois State Police and furnish the
6		Illinois State Police with all relevant information and
7		assistance on a timely basis as is necessary to accomplish the
8		purpose of this Act. The Illinois Criminal Justice Information
9		Authority shall submit the information required in subsection
10		(a) of this Section to the Illinois State Police, and any other
11		information as the Illinois State Police may request, to
12		assist the Illinois State Police in carrying out its duties
13		under this Act.
14		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
15		revised 10-5-21.)
16		Section 65. The Election Code is amended by changing
17		Section 19-2 as follows:
18		(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
19		Sec. 19-2. Except as otherwise provided in this Code, any
20		elector as defined in Section 19-1 may by mail or
21		electronically on the website of the appropriate election
22		authority, not more than 90 nor less than 5 days prior to the
23		date of such election, or by personal delivery not more than 90
24		nor less than one day prior to the date of such election, make

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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 to. Such a ballot shall be
4		delivered to the elector only upon separate application by the
5		elector for each election. Voters who make an application for
6		permanent vote by mail ballot status shall follow the
7		procedures specified in Section 19-3 and may apply year round.
8		Voters whose application for permanent vote by mail status is
9		accepted by the election authority shall remain on the
10		permanent vote by mail list until the voter requests to be
11		removed from permanent vote by mail status, the voter provides
12		notice to the election authority of a change in registration
13		that affects their registration status, or the election
14		authority receives confirmation that the voter has
15		subsequently registered to vote in another election authority
16		jurisdiction. The URL address at which voters may
17		electronically request a vote by mail ballot shall be fixed no
18		later than 90 calendar days before an election and shall not be
19		changed until after the election.
20		(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
21		102-687, eff. 12-17-21; revised 1-5-22.)
22		Section 70. The Secretary of State Act is amended by
23		setting forth, renumbering, and changing multiple versions of
24		Section 35 as follows:

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1		(15 ILCS 305/35)
2		(Section scheduled to be repealed on July 1, 2022)
3		Sec. 35. Task Force on Best Practices and Licensing of
4		Non-Transplant Organ Donation Organizations.
5		(a) The General Assembly finds and declares that:
6		(1) Non-transplant organ donation organizations that
7		accept or process whole body donations or body parts not
8		for transplantation owe a duty of transparency and
9		safekeeping to the donor and his or her next of kin.
10		Medical and scientific research is critical to a continued
11		understanding of the human body, disease, and training the
12		next generation of medical professionals, funeral home
13		directors, coroners, and mortuary students. Non-transplant
14		organ donation organizations do not include organizations
15		that receive body parts for the purposes of
16		transplantation.
17		(2) Recently, non-transplant organizations that
18		receive or process whole body donation or body part
19		donation not for transplantation purposes, have misused or
20		mishandled donor bodies and body parts.
21		(3) Neither State nor federal law adequately regulates
22		this industry.
23		(b) As used in this Section, "Task Force" means the Task
24		Force on Best Practices and Licensing of Non-Transplant Organ
25		Donation Organizations.
26		(c) There is created a Task Force on Best Practices and

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1		Licensing of Non-Transplant Organ Donation Organizations to
2		review and report on national standards for best practices in
3		relation to the licensing and regulation of organizations that
4		solicit or accept non-transplantation whole bodies and body
5		parts, including licensing standards, State regulation,
6		identification of bodies and body parts, and sanctions. The
7		goal of the Task Force is to research the industry,
8		investigate State and local standards, and provide
9		recommendations to the General Assembly and Office of the
10		Governor.
11		(d) The Task Force's report shall include, but not be
12		limited to, standards for organizations that accept whole body
13		and body part donation, the application process for licensure,
14		best practices regarding consent, the identification,
15		labeling, handling and return of bodies and body parts to
16		ensure proper end-use and return to the next of kin, and best
17		practices for ensuring donors and next of kin are treated with
18		transparency and dignity. The report shall also evaluate and
19		make a recommendation as to the area of State government most
20		appropriate for licensing organizations and regulation of the
21		industry. The report shall also make a recommendation on
22		legislation to enact the findings of the Task Force.
23		(e) The Task Force shall meet no less than 5 times between
24		July 9, 2021 (the effective date of Public Act 102-96) this
25		amendatory Act of the 102nd General Assembly and December 31,
26		2021. The Task Force shall prepare a report that summarizes

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1		its work and makes recommendations resulting from its review.
2		The Task Force shall submit the report of its findings and
3		recommendations to the Governor and General Assembly no later
4		than January 15, 2022.
5		(f) The Task Force shall consist of the following 8
6		members:
7		(1) the Secretary of State or his or her designee;
8		(2) one member appointed by the Secretary of State
9		from the Department of Organ Donor of the Office of the
10		Secretary of State;
11		(3) one member appointed by the President of the
12		Senate;
13		(4) one member appointed by the Minority Leader of the
14		Senate;
15		(5) one member appointed by the Speaker of the House
16		of Representatives;
17		(6) one member appointed by the Minority Leader of the
18		House of Representatives;
19		(7) one member appointed by the Director of Public
20		Health; and
21		(8) one member from a University or Mortuary School
22		that has experience in receiving whole body donations,
23		appointed by the Governor.
24		(g) The Secretary of State shall designate which member
25		shall serve as chairperson and facilitate the Task Force. The
26		members of the Task Force shall be appointed no later than 90

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1		days after July 9, 2021 (the effective date of Public Act
2		102-96) this amendatory Act of the 102nd General Assembly.
3		Vacancies in the membership of the Task Force shall be filled
4		in the same manner as the original appointment. The members of
5		the Task Force shall not receive compensation for serving as
6		members of the Task Force.
7		(h) The Office of the Secretary of State shall provide the
8		Task Force with administrative and other support.
9		(i) This Section is repealed on July 1, 2022.
10		(Source: P.A. 102-96, eff. 7-9-21; revised 10-27-21.)
11		(15 ILCS 305/36)
12		Sec. 36 35. Authority to accept electronic signatures.
13		(a) Through the adoption of administrative rules, the
14		Secretary may authorize the filing of documents with his or
15		her office that have been signed by electronic means.
16		(b) The administrative rules adopted by the Secretary
17		shall set forth the following:
18		(1) the type of electronic signature required;
19		(2) the manner and format in which the electronic
20		signature must be affixed to the electronic record;
21		(3) the types of transactions which may be filed with
22		his or her office with electronic signatures;
23		(4) the procedures for seeking certification of
24		compliance with electronic signature requirements; and
25		(5) the date on which the Secretary will begin

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1		accepting electronic signatures.
2		(c) Any entity seeking to provide services to third
3		parties for the execution of electronic signatures for filing
4		with the Secretary of State shall apply for a certification of
5		compliance with the requirements for the submission of
6		electronic signatures. To receive a certification of
7		compliance, the entity must establish the ability to comply
8		with all of the requirements of this Section and the
9		administrative rules adopted pursuant to this Section. There
10		is no limitation on the number of entities that may be issued a
11		certification of compliance. The Secretary shall include on
12		its Internet website a list of the entities that have been
13		issued a certification of compliance.
14		(d) The Secretary shall only accept electronic signatures
15		created by use of the services of an entity that has received a
16		certification of compliance as set forth in this Section.
17		(e) An electronic signature must meet all of the following
18		requirements:
19		(1) Be executed or adopted by a person with the intent
20		to sign the document so as to indicate the person's
21		approval of the information contained in the document.
22		(2) Be attached to or logically associated with the
23		information contained in the document being signed.
24		(3) Be capable of reliable identification and
25		authentication of the person as the signer. Identification
26		and authentication may be accomplished through additional

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1		security procedures or processes if reliably correlated to
2		the electronic signature.
3		(4) Be linked to the document in a manner that would
4		invalidate the electronic signature if the document is
5		changed.
6		(5) Be linked to the document so as to preserve its
7		integrity as an accurate and complete record for the full
8		retention period of the document.
9		(6) Be compatible with the standards and technology
10		for electronic signatures that are generally used in
11		commerce and industry and by state governments.
12		(f) If the Secretary determines an electronic signature is
13		not in compliance with this Section or the administrative
14		rules adopted pursuant to this Section, or is not in
15		compliance with other applicable statutory or regulatory
16		provisions, the Secretary may refuse to accept the signature.
17		(g) Electronic signatures accepted by the Secretary of
18		State shall have the same force and effect as manual
19		signatures.
20		(h) Electronic delivery of records accepted by the
21		Secretary of State shall have the same force and effect as
22		physical delivery of records.
23		(i) Electronic records and electronic signatures accepted
24		by the Secretary of State shall be admissible in all
25		administrative, quasi-judicial, and judicial proceedings. In
26		any such proceeding, nothing in the application of the rules

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1		of evidence shall apply so as to deny the admissibility of an
2		electronic record or electronic signature into evidence on the
3		sole ground that it is an electronic record or electronic
4		signature, or on the grounds that it is not in its original
5		form or is not an original. Information in the form of an
6		electronic record shall be given due evidentiary weight by the
7		trier of fact.
8		(Source: P.A. 102-213, eff. 1-1-22; revised 10-27-21.)
9		Section 75. The Secretary of State Merit Employment Code
10		is amended by changing Section 10b.1 as follows:
11		(15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
12		Sec. 10b.1. Competitive examinations.
13		(a) For open competitive examinations to test the relative
14		fitness of applicants for the respective positions. Tests
15		shall be designed to eliminate those who are not qualified for
16		entrance into the Office of the Secretary of State and to
17		discover the relative fitness of those who are qualified. The
18		Director may use any one of or any combination of the following
19		examination methods which in his judgment best serves this
20		end: investigation of education and experience; test of
21		cultural knowledge; test of capacity; test of knowledge; test
22		of manual skill; test of linguistic ability; test of
23		character; test of physical skill; test of psychological
24		fitness. No person with a record of misdemeanor convictions

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1		except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
2		11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
3		14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
4		31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
5		(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
6		(6), and (8) of subsection (a) sub-sections 1, 6 and 8 of
7		Section 24-1 of the Criminal Code of 1961 or the Criminal Code
8		of 2012, or arrested for any cause but not convicted thereon
9		shall be disqualified from taking such examinations or
10		subsequent appointment unless the person is attempting to
11		qualify for a position which would give him the powers of a
12		peace officer, in which case the person's conviction or arrest
13		record may be considered as a factor in determining the
14		person's fitness for the position. All examinations shall be
15		announced publicly at least 2 weeks in advance of the date of
16		examinations and may be advertised through the press, radio or
17		other media.
18		The Director may, at his discretion, accept the results of
19		competitive examinations conducted by any merit system
20		established by Federal law or by the law of any state State,
21		and may compile eligible lists therefrom or may add the names
22		of successful candidates in examinations conducted by those
23		merit systems to existing eligible lists in accordance with
24		their respective ratings. No person who is a non-resident of
25		the State of Illinois may be appointed from those eligible
26		lists, however, unless the requirement that applicants be

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1		residents of the State of Illinois is waived by the Director of
2		Personnel and unless there are less than 3 Illinois residents
3		available for appointment from the appropriate eligible list.
4		The results of the examinations conducted by other merit
5		systems may not be used unless they are comparable in
6		difficulty and comprehensiveness to examinations conducted by
7		the Department of Personnel for similar positions. Special
8		linguistic options may also be established where deemed
9		appropriate.
10		(b) The Director of Personnel may require that each person
11		seeking employment with the Secretary of State, as part of the
12		application process, authorize an investigation to determine
13		if the applicant has ever been convicted of a crime and if so,
14		the disposition of those convictions; this authorization shall
15		indicate the scope of the inquiry and the agencies which may be
16		contacted. Upon this authorization, the Director of Personnel
17		may request and receive information and assistance from any
18		federal, state or local governmental agency as part of the
19		authorized investigation. The investigation shall be
20		undertaken after the fingerprinting of an applicant in the
21		form and manner prescribed by the Illinois State Police. The
22		investigation shall consist of a criminal history records
23		check performed by the Illinois State Police and the Federal
24		Bureau of Investigation, or some other entity that has the
25		ability to check the applicant's fingerprints against the
26		fingerprint records now and hereafter filed in the Illinois

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1		State Police and Federal Bureau of Investigation criminal
2		history records databases. If the Illinois State Police and
3		the Federal Bureau of Investigation conduct an investigation
4		directly for the Secretary of State's Office, then the
5		Illinois State Police shall charge a fee for conducting the
6		criminal history records check, which shall be deposited in
7		the State Police Services Fund and shall not exceed the actual
8		cost of the records check. The Illinois State Police shall
9		provide information concerning any criminal convictions, and
10		their disposition, brought against the applicant or
11		prospective employee of the Secretary of State upon request of
12		the Department of Personnel when the request is made in the
13		form and manner required by the Illinois State Police. The
14		information derived from this investigation, including the
15		source of this information, and any conclusions or
16		recommendations derived from this information by the Director
17		of Personnel shall be provided to the applicant or prospective
18		employee, or his designee, upon request to the Director of
19		Personnel prior to any final action by the Director of
20		Personnel on the application. No information obtained from
21		such investigation may be placed in any automated information
22		system. Any criminal convictions and their disposition
23		information obtained by the Director of Personnel shall be
24		confidential and may not be transmitted outside the Office of
25		the Secretary of State, except as required herein, and may not
26		be transmitted to anyone within the Office of the Secretary of

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1		State except as needed for the purpose of evaluating the
2		application. The only physical identity materials which the
3		applicant or prospective employee can be required to provide
4		the Director of Personnel are photographs or fingerprints;
5		these shall be returned to the applicant or prospective
6		employee upon request to the Director of Personnel, after the
7		investigation has been completed and no copy of these
8		materials may be kept by the Director of Personnel or any
9		agency to which such identity materials were transmitted. Only
10		information and standards which bear a reasonable and rational
11		relation to the performance of an employee shall be used by the
12		Director of Personnel. The Secretary of State shall adopt
13		rules and regulations for the administration of this Section.
14		Any employee of the Secretary of State who gives or causes to
15		be given away any confidential information concerning any
16		criminal convictions and their disposition of an applicant or
17		prospective employee shall be guilty of a Class A misdemeanor
18		unless release of such information is authorized by this
19		Section.
20		(Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)
21		Section 80. The State Comptroller Act is amended by
22		setting forth and renumbering multiple versions of Section 28
23		as follows:
24		(15 ILCS 405/28)

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1		Sec. 28. State Comptroller purchase of real property.
2		(a) Subject to the provisions of the Public Contract Fraud
3		Act, the State Comptroller, on behalf of the State of
4		Illinois, is authorized during State fiscal years 2021 and
5		2022 to acquire real property located in the City of
6		Springfield, which the State Comptroller deems necessary to
7		properly carry out the powers and duties vested in him or her.
8		Real property acquired under this Section may be acquired
9		subject to any third party interests in the property that do
10		not prevent the State Comptroller from exercising the intended
11		beneficial use of such property. This subsection (a) is
12		inoperative on and after July 1, 2022.
13		(b) Subject to the provisions of the Comptroller's
14		Procurement Rules, which shall be substantially in accordance
15		with the requirements of the Illinois Procurement Code, the
16		State Comptroller may:
17		(1) enter into contracts relating to construction,
18		reconstruction, or renovation projects for any such
19		buildings or lands acquired under subsection (a); and
20		(2) equip, lease, repair, operate, and maintain those
21		grounds, buildings, and facilities as may be appropriate
22		to carry out his or her statutory purposes and duties.
23		(c) The State Comptroller may enter into agreements for
24		the purposes of exercising his or her authority under this
25		Section.
26		(d) The exercise of the authority vested in the

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1		Comptroller to acquire property under this Section is subject
2		to appropriation.
3		(e) The Capital Facility and Technology Modernization Fund
4		is hereby created as a special fund in the State treasury.
5		Subject to appropriation, moneys in the Fund shall be used by
6		the Comptroller for the purchase, reconstruction, lease,
7		repair, and maintenance of real property as may be acquired
8		under this Section, including for expenses related to the
9		modernization and maintenance of information technology
10		systems and infrastructure.
11		(Source: P.A. 101-665, eff. 4-2-21.)
12		(15 ILCS 405/29)
13		Sec. 29 28. Comptroller recess appointments. If, during a
14		recess of the Senate, there is a vacancy in an office filled by
15		appointment by the Comptroller by and with the advice and
16		consent of the Senate, the Comptroller shall make a temporary
17		appointment until the next meeting of the Senate, when he or
18		she shall make a nomination to fill such office. Any
19		nomination not acted upon by the Senate within 60 session days
20		after the receipt thereof shall be deemed to have received the
21		advice and consent of the Senate. No person rejected by the
22		Senate for an office shall, except at the Senate's request, be
23		nominated again for that office at the same session or be
24		appointed to that office during a recess of that Senate.
25		(Source: P.A. 102-291, eff. 8-6-21; revised 10-27-21.)

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1		Section 85. The Comptroller Merit Employment Code is
2		amended by changing Section 10b.1 as follows:
3		(15 ILCS 410/10b.1) (from Ch. 15, par. 426)
4		Sec. 10b.1. Competitive examinations. For open competitive
5		examinations to test the relative fitness of applicants for
6		the respective positions. Tests shall be designed to eliminate
7		those who are not qualified for entrance into the Office of the
8		Comptroller and to discover the relative fitness of those who
9		are qualified. The Director may use any one of or any
10		combination of the following examination methods which in his
11		judgment best serves this end: investigation of education and
12		experience; test of cultural knowledge; test of capacity; test
13		of knowledge; test of manual skill; test of linguistic
14		ability; test of character; test of physical skill; test of
15		psychological fitness. No person with a record of misdemeanor
16		convictions except those under Sections 11-1.50, 11-6, 11-7,
17		11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
18		12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
19		31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
20		subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
21		paragraphs (1), (6), and (8) of subsection (a) sub-sections 1,
22		6 and 8 of Section 24-1 of the Criminal Code of 1961 or the
23		Criminal Code of 2012, or arrested for any cause but not
24		convicted thereon shall be disqualified from taking such

HB5501 Engrossed - 141 - LRB102 24698 AMC 33937 b
1		examinations or subsequent appointment unless the person is
2		attempting to qualify for a position which entails financial
3		responsibilities, in which case the person's conviction or
4		arrest record may be considered as a factor in determining the
5		person's fitness for the position. All examinations shall be
6		announced publicly at least 2 weeks in advance of the date of
7		examinations and may be advertised through the press, radio or
8		other media.
9		The Director may, at his or her discretion, accept the
10		results of competitive examinations conducted by any merit
11		system established by Federal law or by the law of any state
12		State, and may compile eligible lists therefrom or may add the
13		names of successful candidates in examinations conducted by
14		those merit systems to existing eligible lists in accordance
15		with their respective ratings. No person who is a non-resident
16		of the State of Illinois may be appointed from those eligible
17		lists, however, unless the requirement that applicants be
18		residents of the State of Illinois is waived by the Director of
19		Human Resources and unless there are less than 3 Illinois
20		residents available for appointment from the appropriate
21		eligible list. The results of the examinations conducted by
22		other merit systems may not be used unless they are comparable
23		in difficulty and comprehensiveness to examinations conducted
24		by the Department of Human Resources for similar positions.
25		Special linguistic options may also be established where
26		deemed appropriate.

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1		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
2		revised 12-2-21.)
3		Section 90. The Deposit of State Moneys Act is amended by
4		changing Section 22.5 as follows:
5		(15 ILCS 520/22.5) (from Ch. 130, par. 41a)
6		(For force and effect of certain provisions, see Section
7		90 of P.A. 94-79)
8		Sec. 22.5. Permitted investments. The State Treasurer may
9		invest and reinvest any State money in the State Treasury
10		which is not needed for current expenditures due or about to
11		become due, in obligations of the United States government or
12		its agencies or of National Mortgage Associations established
13		by or under the National Housing Act, 12 U.S.C. 1701 et seq.,
14		or in mortgage participation certificates representing
15		undivided interests in specified, first-lien conventional
16		residential Illinois mortgages that are underwritten, insured,
17		guaranteed, or purchased by the Federal Home Loan Mortgage
18		Corporation or in Affordable Housing Program Trust Fund Bonds
19		or Notes as defined in and issued pursuant to the Illinois
20		Housing Development Act. All such obligations shall be
21		considered as cash and may be delivered over as cash by a State
22		Treasurer to his successor.
23		The State Treasurer may purchase any state bonds with any
24		money in the State Treasury that has been set aside and held

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1		for the payment of the principal of and interest on the bonds.
2		The bonds shall be considered as cash and may be delivered over
3		as cash by the State Treasurer to his successor.
4		The State Treasurer may invest or reinvest any State money
5		in the State Treasury that is not needed for current
6		expenditures due or about to become due, or any money in the
7		State Treasury that has been set aside and held for the payment
8		of the principal of and interest on any State bonds, in bonds
9		issued by counties or municipal corporations of the State of
10		Illinois.
11		The State Treasurer may invest or reinvest up to 5% of the
12		College Savings Pool Administrative Trust Fund, the Illinois
13		Public Treasurer Investment Pool (IPTIP) Administrative Trust
14		Fund, and the State Treasurer's Administrative Fund that is
15		not needed for current expenditures due or about to become
16		due, in common or preferred stocks of publicly traded
17		corporations, partnerships, or limited liability companies,
18		organized in the United States, with assets exceeding
19		$500,000,000 if: (i) the purchases do not exceed 1% of the
20		corporation's or the limited liability company's outstanding
21		common and preferred stock; (ii) no more than 10% of the total
22		funds are invested in any one publicly traded corporation,
23		partnership, or limited liability company; and (iii) the
24		corporation or the limited liability company has not been
25		placed on the list of restricted companies by the Illinois
26		Investment Policy Board under Section 1-110.16 of the Illinois

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1		Pension Code.
2		Whenever the total amount of vouchers presented to the
3		Comptroller under Section 9 of the State Comptroller Act
4		exceeds the funds available in the General Revenue Fund by
5		$1,000,000,000 or more, then the State Treasurer may invest
6		any State money in the State Treasury, other than money in the
7		General Revenue Fund, Health Insurance Reserve Fund, Attorney
8		General Court Ordered and Voluntary Compliance Payment
9		Projects Fund, Attorney General Whistleblower Reward and
10		Protection Fund, and Attorney General's State Projects and
11		Court Ordered Distribution Fund, which is not needed for
12		current expenditures, due or about to become due, or any money
13		in the State Treasury which has been set aside and held for the
14		payment of the principal of and the interest on any State bonds
15		with the Office of the Comptroller in order to enable the
16		Comptroller to pay outstanding vouchers. At any time, and from
17		time to time outstanding, such investment shall not be greater
18		than $2,000,000,000. Such investment shall be deposited into
19		the General Revenue Fund or Health Insurance Reserve Fund as
20		determined by the Comptroller. Such investment shall be repaid
21		by the Comptroller with an interest rate tied to the London
22		Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
23		equivalent market established variable rate, but in no case
24		shall such interest rate exceed the lesser of the penalty rate
25		established under the State Prompt Payment Act or the timely
26		pay interest rate under Section 368a of the Illinois Insurance

HB5501 Engrossed - 145 - LRB102 24698 AMC 33937 b
1		Code. The State Treasurer and the Comptroller shall enter into
2		an intergovernmental agreement to establish procedures for
3		such investments, which market established variable rate to
4		which the interest rate for the investments should be tied,
5		and other terms which the State Treasurer and Comptroller
6		reasonably believe to be mutually beneficial concerning these
7		investments by the State Treasurer. The State Treasurer and
8		Comptroller shall also enter into a written agreement for each
9		such investment that specifies the period of the investment,
10		the payment interval, the interest rate to be paid, the funds
11		in the State Treasury from which the State Treasurer will draw
12		the investment, and other terms upon which the State Treasurer
13		and Comptroller mutually agree. Such investment agreements
14		shall be public records and the State Treasurer shall post the
15		terms of all such investment agreements on the State
16		Treasurer's official website. In compliance with the
17		intergovernmental agreement, the Comptroller shall order and
18		the State Treasurer shall transfer amounts sufficient for the
19		payment of principal and interest invested by the State
20		Treasurer with the Office of the Comptroller under this
21		paragraph from the General Revenue Fund or the Health
22		Insurance Reserve Fund to the respective funds in the State
23		Treasury from which the State Treasurer drew the investment.
24		Public Act 100-1107 shall constitute an irrevocable and
25		continuing authority for all amounts necessary for the payment
26		of principal and interest on the investments made with the

HB5501 Engrossed - 146 - LRB102 24698 AMC 33937 b
1		Office of the Comptroller by the State Treasurer under this
2		paragraph, and the irrevocable and continuing authority for
3		and direction to the Comptroller and State Treasurer to make
4		the necessary transfers.
5		The State Treasurer may invest or reinvest any State money
6		in the State Treasury that is not needed for current
7		expenditure, due or about to become due, or any money in the
8		State Treasury that has been set aside and held for the payment
9		of the principal of and the interest on any State bonds, in any
10		of the following:
11		(1) Bonds, notes, certificates of indebtedness,
12		Treasury bills, or other securities now or hereafter
13		issued that are guaranteed by the full faith and credit of
14		the United States of America as to principal and interest.
15		(2) Bonds, notes, debentures, or other similar
16		obligations of the United States of America, its agencies,
17		and instrumentalities, or other obligations that are
18		issued or guaranteed by supranational entities; provided,
19		that at the time of investment, the entity has the United
20		States government as a shareholder.
21		(2.5) Bonds, notes, debentures, or other similar
22		obligations of a foreign government, other than the
23		Republic of the Sudan, that are guaranteed by the full
24		faith and credit of that government as to principal and
25		interest, but only if the foreign government has not
26		defaulted and has met its payment obligations in a timely

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1		manner on all similar obligations for a period of at least
2		25 years immediately before the time of acquiring those
3		obligations.
4		(3) Interest-bearing savings accounts,
5		interest-bearing certificates of deposit,
6		interest-bearing time deposits, or any other investments
7		constituting direct obligations of any bank as defined by
8		the Illinois Banking Act.
9		(4) Interest-bearing accounts, certificates of
10		deposit, or any other investments constituting direct
11		obligations of any savings and loan associations
12		incorporated under the laws of this State or any other
13		state or under the laws of the United States.
14		(5) Dividend-bearing share accounts, share certificate
15		accounts, or class of share accounts of a credit union
16		chartered under the laws of this State or the laws of the
17		United States; provided, however, the principal office of
18		the credit union must be located within the State of
19		Illinois.
20		(6) Bankers' acceptances of banks whose senior
21		obligations are rated in the top 2 rating categories by 2
22		national rating agencies and maintain that rating during
23		the term of the investment and the bank has not been placed
24		on the list of restricted companies by the Illinois
25		Investment Policy Board under Section 1-110.16 of the
26		Illinois Pension Code.

HB5501 Engrossed - 148 - LRB102 24698 AMC 33937 b
1		(7) Short-term obligations of either corporations or
2		limited liability companies organized in the United States
3		with assets exceeding $500,000,000 if (i) the obligations
4		are rated at the time of purchase at one of the 3 highest
5		classifications established by at least 2 standard rating
6		services and mature not later than 270 days from the date
7		of purchase, (ii) the purchases do not exceed 10% of the
8		corporation's or the limited liability company's
9		outstanding obligations, (iii) no more than one-third of
10		the public agency's funds are invested in short-term
11		obligations of either corporations or limited liability
12		companies, and (iv) the corporation or the limited
13		liability company has not been placed on the list of
14		restricted companies by the Illinois Investment Policy
15		Board under Section 1-110.16 of the Illinois Pension Code.
16		(7.5) Obligations of either corporations or limited
17		liability companies organized in the United States, that
18		have a significant presence in this State, with assets
19		exceeding $500,000,000 if: (i) the obligations are rated
20		at the time of purchase at one of the 3 highest
21		classifications established by at least 2 standard rating
22		services and mature more than 270 days, but less than 10
23		years, from the date of purchase; (ii) the purchases do
24		not exceed 10% of the corporation's or the limited
25		liability company's outstanding obligations; (iii) no more
26		than one-third of the public agency's funds are invested

HB5501 Engrossed - 149 - LRB102 24698 AMC 33937 b
1		in such obligations of corporations or limited liability
2		companies; and (iv) the corporation or the limited
3		liability company has not been placed on the list of
4		restricted companies by the Illinois Investment Policy
5		Board under Section 1-110.16 of the Illinois Pension Code.
6		(8) Money market mutual funds registered under the
7		Investment Company Act of 1940.
8		(9) The Public Treasurers' Investment Pool created
9		under Section 17 of the State Treasurer Act or in a fund
10		managed, operated, and administered by a bank.
11		(10) Repurchase agreements of government securities
12		having the meaning set out in the Government Securities
13		Act of 1986, as now or hereafter amended or succeeded,
14		subject to the provisions of that Act and the regulations
15		issued thereunder.
16		(11) Investments made in accordance with the
17		Technology Development Act.
18		(12) Investments made in accordance with the Student
19		Investment Account Act.
20		(13) Investments constituting direct obligations of a
21		community development financial institution, which is
22		certified by the United States Treasury Community
23		Development Financial Institutions Fund and is operating
24		in the State of Illinois.
25		(14) Investments constituting direct obligations of a
26		minority depository institution, as designated by the

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1		Federal Deposit Insurance Corporation, that is operating
2		in the State of Illinois.
3		(15) (13) Investments made in accordance with any
4		other law that authorizes the State Treasurer to invest or
5		deposit funds.
6		For purposes of this Section, "agencies" of the United
7		States Government includes:
8		(i) the federal land banks, federal intermediate
9		credit banks, banks for cooperatives, federal farm credit
10		banks, or any other entity authorized to issue debt
11		obligations under the Farm Credit Act of 1971 (12 U.S.C.
12		2001 et seq.) and Acts amendatory thereto;
13		(ii) the federal home loan banks and the federal home
14		loan mortgage corporation;
15		(iii) the Commodity Credit Corporation; and
16		(iv) any other agency created by Act of Congress.
17		The State Treasurer may lend any securities acquired under
18		this Act. However, securities may be lent under this Section
19		only in accordance with Federal Financial Institution
20		Examination Council guidelines and only if the securities are
21		collateralized at a level sufficient to assure the safety of
22		the securities, taking into account market value fluctuation.
23		The securities may be collateralized by cash or collateral
24		acceptable under Sections 11 and 11.1.
25		(Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19;
26		101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff.

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1		8-6-21; 102-558, eff. 8-20-21; revised 10-6-21.)
2		Section 95. The Civil Administrative Code of Illinois is
3		amended by changing Section 5-715 as follows:
4		(20 ILCS 5/5-715)
5		Sec. 5-715. Expedited licensure for service members and
6		spouses.
7		(a) In this Section, "service member" means any person
8		who, at the time of application under this Section, is an
9		active duty member of the United States Armed Forces or any
10		reserve component of the United States Armed Forces, the Coast
11		Guard, or the National Guard of any state, commonwealth, or
12		territory of the United States or the District of Columbia or
13		whose active duty service concluded within the preceding 2
14		years before application.
15		(a-5) The Department of Financial and Professional
16		Regulation shall within 180 days after January 1, 2020 (the
17		effective date of Public Act 101-240) designate one staff
18		member as the military liaison within the Department of
19		Financial and Professional Regulation to ensure proper
20		enactment of the requirements of this Section. The military
21		liaison's responsibilities shall also include, but are not
22		limited to: (1) the management of all expedited applications
23		to ensure processing within 30 days after receipt of a
24		completed application; (2) coordination with all military

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1		installation military and family support center directors
2		within this State, including virtual, phone, or in-person
3		periodic meetings with each military installation military and
4		family support center; and (3) training by the military
5		liaison to all directors of each division that issues an
6		occupational or professional license to ensure proper
7		application of this Section. At the end of each calendar year,
8		the military liaison shall provide an annual report
9		documenting the expedited licensure program for service
10		members and spouses, and shall deliver that report to the
11		Secretary of Financial and Professional Regulation and the
12		Lieutenant Governor.
13		(b) Each director of a department that issues an
14		occupational or professional license is authorized to and
15		shall issue an expedited license to a service member who meets
16		the requirements under this Section. Review and determination
17		of an application for a license issued by the department shall
18		be expedited by the department within 30 days after the date on
19		which the department receives all necessary documentation
20		required for licensure, including any required information
21		from State and federal agencies. An expedited license shall be
22		issued by the department to any service members meeting the
23		application requirements of this Section, regardless of
24		whether the service member currently resides in this State.
25		The service member shall apply to the department on forms
26		provided by the department. An application must include proof

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1		that:
2		(1) the applicant is a service member;
3		(2) the applicant holds a valid license in good
4		standing for the occupation or profession issued by
5		another state, commonwealth, possession, or territory of
6		the United States, the District of Columbia, or any
7		foreign jurisdiction;
8		(2.5) the applicant meets the requirements and
9		standards for licensure through endorsement or reciprocity
10		for the occupation or profession for which the applicant
11		is applying;
12		(3) the applicant is assigned to a duty station in
13		this State, has established legal residence in this State,
14		or will reside in this State within 6 months after the date
15		of application for licensure;
16		(4) a complete set of the applicant's fingerprints has
17		been submitted to the Illinois State Police for statewide
18		and national criminal history checks, if applicable to the
19		requirements of the department issuing the license; the
20		applicant shall pay the fee to the Illinois State Police
21		or to the fingerprint vendor for electronic fingerprint
22		processing; no temporary occupational or professional
23		license shall be issued to an applicant if the statewide
24		or national criminal history check discloses information
25		that would cause the denial of an application for
26		licensure under any applicable occupational or

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1		professional licensing Act;
2		(5) the applicant is not ineligible for licensure
3		pursuant to Section 2105-165 of the Civil Administrative
4		Code of Illinois;
5		(6) the applicant has submitted an application for
6		full licensure; and
7		(7) the applicant has paid the required fee; fees
8		shall not be refundable.
9		(c) Each director of a department that issues an
10		occupational or professional license is authorized to and
11		shall issue an expedited license to the spouse of a service
12		member who meets the requirements under this Section. Review
13		and determination of an application for a license shall be
14		expedited by the department within 30 days after the date on
15		which the department receives all necessary documentation
16		required for licensure, including information from State and
17		federal agencies. An expedited license shall be issued by the
18		department to any spouse of a service member meeting the
19		application requirements of this Section, regardless of
20		whether the spouse or the service member currently resides
21		reside in this State. The spouse of a service member shall
22		apply to the department on forms provided by the department.
23		An application must include proof that:
24		(1) the applicant is the spouse of a service member;
25		(2) the applicant holds a valid license in good
26		standing for the occupation or profession issued by

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1		another state, commonwealth, possession, or territory of
2		the United States, the District of Columbia, or any
3		foreign jurisdiction;
4		(2.5) the applicant meets the requirements and
5		standards for licensure through endorsement or reciprocity
6		for the occupation or profession for which the applicant
7		is applying;
8		(3) the applicant's spouse is assigned to a duty
9		station in this State, has established legal residence in
10		this State, or will reside in this State within 6 months
11		after the date of application for licensure;
12		(4) a complete set of the applicant's fingerprints has
13		been submitted to the Illinois State Police for statewide
14		and national criminal history checks, if applicable to the
15		requirements of the department issuing the license; the
16		applicant shall pay the fee to the Illinois State Police
17		or to the fingerprint vendor for electronic fingerprint
18		processing; no temporary occupational or professional
19		license shall be issued to an applicant if the statewide
20		or national criminal history check discloses information
21		that would cause the denial of an application for
22		licensure under any applicable occupational or
23		professional licensing Act;
24		(5) the applicant is not ineligible for licensure
25		pursuant to Section 2105-165 of the Civil Administrative
26		Code of Illinois;

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1		(6) the applicant has submitted an application for
2		full licensure; and
3		(7) the applicant has paid the required fee; fees
4		shall not be refundable.
5		(c-5) If a service member or his or her spouse relocates
6		from this State, he or she shall be provided an opportunity to
7		place his or her license in inactive status through
8		coordination with the military liaison. If the service member
9		or his or her spouse returns to this State, he or she may
10		reactivate the license in accordance with the statutory
11		provisions regulating the profession and any applicable
12		administrative rules. The license reactivation shall be
13		expedited and completed within 30 days after receipt of a
14		completed application to reactivate the license. A license
15		reactivation is only applicable when the valid license for
16		which the first issuance of a license was predicated is still
17		valid and in good standing. An application to reactivate a
18		license must include proof that the applicant still holds a
19		valid license in good standing for the occupation or
20		profession issued in another State, commonwealth, possession,
21		or territory of the United States, the District of Columbia,
22		or any foreign jurisdiction.
23		(d) All relevant experience of a service member or his or
24		her spouse in the discharge of official duties, including
25		full-time and part-time experience, shall be credited in the
26		calculation of any years of practice in an occupation or

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1		profession as may be required under any applicable
2		occupational or professional licensing Act. All relevant
3		training provided by the military and completed by a service
4		member shall be credited to that service member as meeting any
5		training or education requirement under any applicable
6		occupational or professional licensing Act, provided that the
7		training or education is determined by the department to meet
8		the requirements under any applicable Act and is not otherwise
9		contrary to any other licensure requirement.
10		(e) A department may adopt any rules necessary for the
11		implementation and administration of this Section and shall by
12		rule provide for fees for the administration of this Section.
13		(Source: P.A. 101-240, eff. 1-1-20; 102-384, eff. 1-1-22;
14		102-538, eff. 8-20-21; revised 1-15-22.)
15		Section 100. The Substance Use Disorder Act is amended by
16		changing Section 30-5 as follows:
17		(20 ILCS 301/30-5)
18		Sec. 30-5. Patients' rights established.
19		(a) For purposes of this Section, "patient" means any
20		person who is receiving or has received early intervention,
21		treatment, or other recovery support services under this Act
22		or any category of service licensed as "intervention" under
23		this Act.
24		(b) No patient shall be deprived of any rights, benefits,

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1		or privileges guaranteed by law, the Constitution of the
2		United States of America, or the Constitution of the State of
3		Illinois solely because of his or her status as a patient.
4		(c) Persons who have substance use disorders who are also
5		suffering from medical conditions shall not be discriminated
6		against in admission or treatment by any hospital that
7		receives support in any form supported in whole or in part by
8		funds appropriated to any State department or agency.
9		(d) Every patient shall have impartial access to services
10		without regard to race, religion, sex, ethnicity, age, sexual
11		orientation, gender identity, marital status, or other
12		disability.
13		(e) Patients shall be permitted the free exercise of
14		religion.
15		(f) Every patient's personal dignity shall be recognized
16		in the provision of services, and a patient's personal privacy
17		shall be assured and protected within the constraints of his
18		or her individual treatment.
19		(g) Treatment services shall be provided in the least
20		restrictive environment possible.
21		(h) Each patient receiving treatment services shall be
22		provided an individual treatment plan, which shall be
23		periodically reviewed and updated as mandated by
24		administrative rule.
25		(i) Treatment shall be person-centered, meaning that every
26		patient shall be permitted to participate in the planning of

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1		his or her total care and medical treatment to the extent that
2		his or her condition permits.
3		(j) A person shall not be denied treatment solely because
4		he or she has withdrawn from treatment against medical advice
5		on a prior occasion or had prior treatment episodes.
6		(k) The patient in residential treatment shall be
7		permitted visits by family and significant others, unless such
8		visits are clinically contraindicated.
9		(l) A patient in residential treatment shall be allowed to
10		conduct private telephone conversations with family and
11		friends unless clinically contraindicated.
12		(m) A patient in residential treatment shall be permitted
13		to send and receive mail without hindrance, unless clinically
14		contraindicated.
15		(n) A patient shall be permitted to manage his or her own
16		financial affairs unless the patient or the patient's
17		guardian, or if the patient is a minor, the patient's parent,
18		authorizes another competent person to do so.
19		(o) A patient shall be permitted to request the opinion of
20		a consultant at his or her own expense, or to request an
21		in-house review of a treatment plan, as provided in the
22		specific procedures of the provider. A treatment provider is
23		not liable for the negligence of any consultant.
24		(p) Unless otherwise prohibited by State or federal law,
25		every patient shall be permitted to obtain from his or her own
26		physician, the treatment provider, or the treatment provider's

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1		consulting physician complete and current information
2		concerning the nature of care, procedures, and treatment that
3		he or she will receive.
4		(q) A patient shall be permitted to refuse to participate
5		in any experimental research or medical procedure without
6		compromising his or her access to other, non-experimental
7		services. Before a patient is placed in an experimental
8		research or medical procedure, the provider must first obtain
9		his or her informed written consent or otherwise comply with
10		the federal requirements regarding the protection of human
11		subjects contained in 45 CFR C.F.R. Part 46.
12		(r) All medical treatment and procedures shall be
13		administered as ordered by a physician and in accordance with
14		all Department rules.
15		(s) Every patient in treatment shall be permitted to
16		refuse medical treatment and to know the consequences of such
17		action. Such refusal by a patient shall free the treatment
18		licensee from the obligation to provide the treatment.
19		(t) Unless otherwise prohibited by State or federal law,
20		every patient, patient's guardian, or parent, if the patient
21		is a minor, shall be permitted to inspect and copy all clinical
22		and other records kept by the intervention or treatment
23		licensee or by his or her physician concerning his or her care
24		and maintenance. The licensee or physician may charge a
25		reasonable fee for the duplication of a record.
26		(u) No owner, licensee, administrator, employee, or agent

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1		of a licensed intervention or treatment program shall abuse or
2		neglect a patient. It is the duty of any individual who becomes
3		aware of such abuse or neglect to report it to the Department
4		immediately.
5		(v) The licensee may refuse access to any person if the
6		actions of that person are or could be injurious to the health
7		and safety of a patient or the licensee, or if the person seeks
8		access for commercial purposes.
9		(w) All patients admitted to community-based treatment
10		facilities shall be considered voluntary treatment patients
11		and such patients shall not be contained within a locked
12		setting.
13		(x) Patients and their families or legal guardians shall
14		have the right to present complaints to the provider or the
15		Department concerning the quality of care provided to the
16		patient, without threat of discharge or reprisal in any form
17		or manner whatsoever. The complaint process and procedure
18		shall be adopted by the Department by rule. The treatment
19		provider shall have in place a mechanism for receiving and
20		responding to such complaints, and shall inform the patient
21		and the patient's family or legal guardian of this mechanism
22		and how to use it. The provider shall analyze any complaint
23		received and, when indicated, take appropriate corrective
24		action. Every patient and his or her family member or legal
25		guardian who makes a complaint shall receive a timely response
26		from the provider that substantively addresses the complaint.

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1		The provider shall inform the patient and the patient's family
2		or legal guardian about other sources of assistance if the
3		provider has not resolved the complaint to the satisfaction of
4		the patient or the patient's family or legal guardian.
5		(y) A patient may refuse to perform labor at a program
6		unless such labor is a part of the patient's individual
7		treatment plan as documented in the patient's clinical record.
8		(z) A person who is in need of services may apply for
9		voluntary admission in the manner and with the rights provided
10		for under regulations promulgated by the Department. If a
11		person is refused admission, then staff, subject to rules
12		promulgated by the Department, shall refer the person to
13		another facility or to other appropriate services.
14		(aa) No patient shall be denied services based solely on
15		HIV status. Further, records and information governed by the
16		AIDS Confidentiality Act and the AIDS Confidentiality and
17		Testing Code (77 Ill. Adm. Code 697) shall be maintained in
18		accordance therewith.
19		(bb) Records of the identity, diagnosis, prognosis or
20		treatment of any patient maintained in connection with the
21		performance of any service or activity relating to substance
22		use disorder education, early intervention, intervention,
23		training, or treatment that is regulated, authorized, or
24		directly or indirectly assisted by any Department or agency of
25		this State or under any provision of this Act shall be
26		confidential and may be disclosed only in accordance with the

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1		provisions of federal law and regulations concerning the
2		confidentiality of substance use disorder patient records as
3		contained in 42 U.S.C. Sections 290dd-2 and 42 CFR C.F.R. Part
4		2, or any successor federal statute or regulation.
5		(1) The following are exempt from the confidentiality
6		protections set forth in 42 CFR C.F.R. Section 2.12(c):
7		(A) Veteran's Administration records.
8		(B) Information obtained by the Armed Forces.
9		(C) Information given to qualified service
10		organizations.
11		(D) Communications within a program or between a
12		program and an entity having direct administrative
13		control over that program.
14		(E) Information given to law enforcement personnel
15		investigating a patient's commission of a crime on the
16		program premises or against program personnel.
17		(F) Reports under State law of incidents of
18		suspected child abuse and neglect; however,
19		confidentiality restrictions continue to apply to the
20		records and any follow-up information for disclosure
21		and use in civil or criminal proceedings arising from
22		the report of suspected abuse or neglect.
23		(2) If the information is not exempt, a disclosure can
24		be made only under the following circumstances:
25		(A) With patient consent as set forth in 42 CFR
26		C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent

HB5501 Engrossed - 164 - LRB102 24698 AMC 33937 b
1		with pertinent State law.
2		(B) For medical emergencies as set forth in 42 CFR
3		C.F.R. Sections 2.1(b)(2) and 2.51.
4		(C) For research activities as set forth in 42 CFR
5		C.F.R. Sections 2.1(b)(2) and 2.52.
6		(D) For audit evaluation activities as set forth
7		in 42 CFR C.F.R. Section 2.53.
8		(E) With a court order as set forth in 42 CFR
9		C.F.R. Sections 2.61 through 2.67.
10		(3) The restrictions on disclosure and use of patient
11		information apply whether the holder of the information
12		already has it, has other means of obtaining it, is a law
13		enforcement or other official, has obtained a subpoena, or
14		asserts any other justification for a disclosure or use
15		that is not permitted by 42 CFR C.F.R. Part 2. Any court
16		orders authorizing disclosure of patient records under
17		this Act must comply with the procedures and criteria set
18		forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as
19		authorized by a court order granted under this Section, no
20		record referred to in this Section may be used to initiate
21		or substantiate any charges against a patient or to
22		conduct any investigation of a patient.
23		(4) The prohibitions of this subsection shall apply to
24		records concerning any person who has been a patient,
25		regardless of whether or when the person ceases to be a
26		patient.

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1		(5) Any person who discloses the content of any record
2		referred to in this Section except as authorized shall,
3		upon conviction, be guilty of a Class A misdemeanor.
4		(6) The Department shall prescribe regulations to
5		carry out the purposes of this subsection. These
6		regulations may contain such definitions, and may provide
7		for such safeguards and procedures, including procedures
8		and criteria for the issuance and scope of court orders,
9		as in the judgment of the Department are necessary or
10		proper to effectuate the purposes of this Section, to
11		prevent circumvention or evasion thereof, or to facilitate
12		compliance therewith.
13		(cc) Each patient shall be given a written explanation of
14		all the rights enumerated in this Section and a copy, signed by
15		the patient, shall be kept in every patient record. If a
16		patient is unable to read such written explanation, it shall
17		be read to the patient in a language that the patient
18		understands. A copy of all the rights enumerated in this
19		Section shall be posted in a conspicuous place within the
20		program where it may readily be seen and read by program
21		patients and visitors.
22		(dd) The program shall ensure that its staff is familiar
23		with and observes the rights and responsibilities enumerated
24		in this Section.
25		(ee) Licensed organizations shall comply with the right of
26		any adolescent to consent to treatment without approval of the

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1		parent or legal guardian in accordance with the Consent by
2		Minors to Health Care Services Medical Procedures Act.
3		(ff) At the point of admission for services, licensed
4		organizations must obtain written informed consent, as defined
5		in Section 1-10 and in administrative rule, from each client,
6		patient, or legal guardian.
7		(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19;
8		revised 12-1-21.)
9		Section 105. The Department of Central Management Services
10		Law of the Civil Administrative Code of Illinois is amended by
11		by setting forth and renumbering multiple versions of Section
12		405-535 as follows:
13		(20 ILCS 405/405-535)
14		Sec. 405-535. Race and gender wage reports.
15		(a) Each State agency and public institution of higher
16		education shall annually submit to the Commission on Equity
17		and Inclusion a report, categorized by both race and gender,
18		specifying the respective wage earnings of employees of that
19		State agency or public institution of higher education.
20		(b) The Commission shall compile the information submitted
21		under this Section and make that information available to the
22		public on the Internet website of the Commission.
23		(c) The Commission shall annually submit a report of the
24		information compiled under this Section to the Governor and

HB5501 Engrossed - 167 - LRB102 24698 AMC 33937 b
1		the General Assembly.
2		(d) As used in this Section:
3		"Public institution of higher education" has the meaning
4		provided in Section 1 of the Board of Higher Education Act.
5		"State agency" has the meaning provided in subsection (b)
6		of Section 405-5.
7		(Source: P.A. 101-657, Article 25, Section 25-5, eff. 3-23-21;
8		102-29, eff. 6-25-21.)
9		(20 ILCS 405/405-536)
10		Sec. 405-536 405-535. State building municipal
11		identification card access. Any State-owned building that
12		requires the display of a State-issued identification card for
13		the purpose of gaining access to the premises shall, in
14		addition to other acceptable forms of identification, accept
15		the use of any Illinois municipal identification card as an
16		acceptable form of identification for the purpose of entering
17		the premises. An Illinois municipal identification card may
18		not be sufficient to access certain secure areas within the
19		premises and may require additional authorization or
20		identification at the discretion of the premises' security,
21		the Department of Central Management Services, or the user
22		agency.
23		For the purposes of this Section, "municipal
24		identification card" means a photo identification card that is
25		issued by an Illinois municipality, as defined under Section

HB5501 Engrossed - 168 - LRB102 24698 AMC 33937 b
1		1-1-2 of the Illinois Municipal Code, in accordance with its
2		ordinances or codes that consists of the photo, name, and
3		address of the card holder.
4		(Source: P.A. 102-561, eff. 1-1-22; revised 10-27-21.)
5		Section 110. The Personnel Code is amended by changing
6		Sections 4c and 8b.1 as follows:
7		(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
8		Sec. 4c. General exemptions. The following positions in
9		State service shall be exempt from jurisdictions A, B, and C,
10		unless the jurisdictions shall be extended as provided in this
11		Act:
12		(1) All officers elected by the people.
13		(2) All positions under the Lieutenant Governor,
14		Secretary of State, State Treasurer, State Comptroller,
15		State Board of Education, Clerk of the Supreme Court,
16		Attorney General, and State Board of Elections.
17		(3) Judges, and officers and employees of the courts,
18		and notaries public.
19		(4) All officers and employees of the Illinois General
20		Assembly, all employees of legislative commissions, all
21		officers and employees of the Illinois Legislative
22		Reference Bureau and the Legislative Printing Unit.
23		(5) All positions in the Illinois National Guard and
24		Illinois State Guard, paid from federal funds or positions

HB5501 Engrossed - 169 - LRB102 24698 AMC 33937 b
1		in the State Military Service filled by enlistment and
2		paid from State funds.
3		(6) All employees of the Governor at the executive
4		mansion and on his immediate personal staff.
5		(7) Directors of Departments, the Adjutant General,
6		the Assistant Adjutant General, the Director of the
7		Illinois Emergency Management Agency, members of boards
8		and commissions, and all other positions appointed by the
9		Governor by and with the consent of the Senate.
10		(8) The presidents, other principal administrative
11		officers, and teaching, research and extension faculties
12		of Chicago State University, Eastern Illinois University,
13		Governors State University, Illinois State University,
14		Northeastern Illinois University, Northern Illinois
15		University, Western Illinois University, the Illinois
16		Community College Board, Southern Illinois University,
17		Illinois Board of Higher Education, University of
18		Illinois, State Universities Civil Service System,
19		University Retirement System of Illinois, and the
20		administrative officers and scientific and technical staff
21		of the Illinois State Museum.
22		(9) All other employees except the presidents, other
23		principal administrative officers, and teaching, research
24		and extension faculties of the universities under the
25		jurisdiction of the Board of Regents and the colleges and
26		universities under the jurisdiction of the Board of

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1		Governors of State Colleges and Universities, Illinois
2		Community College Board, Southern Illinois University,
3		Illinois Board of Higher Education, Board of Governors of
4		State Colleges and Universities, the Board of Regents,
5		University of Illinois, State Universities Civil Service
6		System, University Retirement System of Illinois, so long
7		as these are subject to the provisions of the State
8		Universities Civil Service Act.
9		(10) The Illinois State Police so long as they are
10		subject to the merit provisions of the Illinois State
11		Police Act. Employees of the Illinois State Police Merit
12		Board are subject to the provisions of this Code.
13		(11) (Blank).
14		(12) The technical and engineering staffs of the
15		Department of Transportation, the Department of Nuclear
16		Safety, the Pollution Control Board, and the Illinois
17		Commerce Commission, and the technical and engineering
18		staff providing architectural and engineering services in
19		the Department of Central Management Services.
20		(13) All employees of the Illinois State Toll Highway
21		Authority.
22		(14) The Secretary of the Illinois Workers'
23		Compensation Commission.
24		(15) All persons who are appointed or employed by the
25		Director of Insurance under authority of Section 202 of
26		the Illinois Insurance Code to assist the Director of

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1		Insurance in discharging his responsibilities relating to
2		the rehabilitation, liquidation, conservation, and
3		dissolution of companies that are subject to the
4		jurisdiction of the Illinois Insurance Code.
5		(16) All employees of the St. Louis Metropolitan Area
6		Airport Authority.
7		(17) All investment officers employed by the Illinois
8		State Board of Investment.
9		(18) Employees of the Illinois Young Adult
10		Conservation Corps program, administered by the Illinois
11		Department of Natural Resources, authorized grantee under
12		Title VIII of the Comprehensive Employment and Training
13		Act of 1973, 29 U.S.C. USC 993.
14		(19) Seasonal employees of the Department of
15		Agriculture for the operation of the Illinois State Fair
16		and the DuQuoin State Fair, no one person receiving more
17		than 29 days of such employment in any calendar year.
18		(20) All "temporary" employees hired under the
19		Department of Natural Resources' Illinois Conservation
20		Service, a youth employment program that hires young
21		people to work in State parks for a period of one year or
22		less.
23		(21) All hearing officers of the Human Rights
24		Commission.
25		(22) All employees of the Illinois Mathematics and
26		Science Academy.

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1		(23) All employees of the Kankakee River Valley Area
2		Airport Authority.
3		(24) The commissioners and employees of the Executive
4		Ethics Commission.
5		(25) The Executive Inspectors General, including
6		special Executive Inspectors General, and employees of
7		each Office of an Executive Inspector General.
8		(26) The commissioners and employees of the
9		Legislative Ethics Commission.
10		(27) The Legislative Inspector General, including
11		special Legislative Inspectors General, and employees of
12		the Office of the Legislative Inspector General.
13		(28) The Auditor General's Inspector General and
14		employees of the Office of the Auditor General's Inspector
15		General.
16		(29) All employees of the Illinois Power Agency.
17		(30) Employees having demonstrable, defined advanced
18		skills in accounting, financial reporting, or technical
19		expertise who are employed within executive branch
20		agencies and whose duties are directly related to the
21		submission to the Office of the Comptroller of financial
22		information for the publication of the Comprehensive
23		Annual Financial Report.
24		(31) All employees of the Illinois Sentencing Policy
25		Advisory Council.
26		(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;

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1		102-538, eff. 8-20-21; revised 10-5-21.)
2		(20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
3		Sec. 8b.1. For open competitive examinations to test the
4		relative fitness of applicants for the respective positions.
5		Tests shall be designed to eliminate those who are not
6		qualified for entrance into or promotion within the service,
7		and to discover the relative fitness of those who are
8		qualified. The Director may use any one of or any combination
9		of the following examination methods which in his judgment
10		best serves this end: investigation of education;
11		investigation of experience; test of cultural knowledge; test
12		of capacity; test of knowledge; test of manual skill; test of
13		linguistic ability; test of character; test of physical
14		fitness; test of psychological fitness. No person with a
15		record of misdemeanor convictions except those under Sections
16		11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
17		11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
18		24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
19		32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
20		11-14.3, and paragraphs (1), (6), and (8) of subsection (a)
21		sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of
22		1961 or the Criminal Code of 2012, or arrested for any cause
23		but not convicted thereon shall be disqualified from taking
24		such examinations or subsequent appointment, unless the person
25		is attempting to qualify for a position which would give him

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1		the powers of a peace officer, in which case the person's
2		conviction or arrest record may be considered as a factor in
3		determining the person's fitness for the position. The
4		eligibility conditions specified for the position of Assistant
5		Director of Healthcare and Family Services in the Department
6		of Healthcare and Family Services in Section 5-230 of the
7		Departments of State Government Law of the Civil
8		Administrative Code of Illinois (20 ILCS 5/5-230) shall be
9		applied to that position in addition to other standards, tests
10		or criteria established by the Director. All examinations
11		shall be announced publicly at least 2 weeks in advance of the
12		date of the examinations and may be advertised through the
13		press, radio and other media. The Director may, however, in
14		his discretion, continue to receive applications and examine
15		candidates long enough to assure a sufficient number of
16		eligibles to meet the needs of the service and may add the
17		names of successful candidates to existing eligible lists in
18		accordance with their respective ratings.
19		The Director may, in his discretion, accept the results of
20		competitive examinations conducted by any merit system
21		established by federal law or by the law of any state State,
22		and may compile eligible lists therefrom or may add the names
23		of successful candidates in examinations conducted by those
24		merit systems to existing eligible lists in accordance with
25		their respective ratings. No person who is a non-resident of
26		the State of Illinois may be appointed from those eligible

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1		lists, however, unless the requirement that applicants be
2		residents of the State of Illinois is waived by the Director of
3		Central Management Services and unless there are less than 3
4		Illinois residents available for appointment from the
5		appropriate eligible list. The results of the examinations
6		conducted by other merit systems may not be used unless they
7		are comparable in difficulty and comprehensiveness to
8		examinations conducted by the Department of Central Management
9		Services for similar positions. Special linguistic options may
10		also be established where deemed appropriate.
11		When an agency requests an open competitive eligible list
12		from the Department, the Director shall also provide to the
13		agency a Successful Disability Opportunities Program eligible
14		candidate list.
15		(Source: P.A. 101-192, eff. 1-1-20; revised 12-2-21.)
16		Section 115. The Children and Family Services Act is
17		amended by changing Section 7.3a as follows:
18		(20 ILCS 505/7.3a)
19		Sec. 7.3a. Normalcy parenting for children in foster care;
20		participation in childhood activities.
21		(a) Legislative findings.
22		(1) Every day parents make important decisions about
23		their child's participation in extracurricular activities.
24		Caregivers for children in out-of-home care are faced with

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1		making the same decisions.
2		(2) When a caregiver makes decisions, he or she must
3		consider applicable laws, rules, and regulations to
4		safeguard the health, safety, and best interests of a
5		child in out-of-home care.
6		(3) Participation in extracurricular activities is
7		important to a child's well-being, not only emotionally,
8		but also in developing valuable life skills.
9		(4) The General Assembly recognizes the importance of
10		making every effort to normalize the lives of children in
11		out-of-home care and to empower a caregiver to approve or
12		not approve a child's participation in appropriate
13		extracurricular activities based on the caregiver's own
14		assessment using the reasonable and prudent parent
15		standard, without prior approval of the Department, the
16		caseworker, or the court.
17		(5) Nothing in this Section shall be presumed to
18		discourage or diminish the engagement of families and
19		guardians in the child's life activities.
20		(b) Definitions. As used in this Section:
21		"Appropriate activities" means activities or items that
22		are generally accepted as suitable for children of the same
23		chronological age or developmental level of maturity.
24		Appropriateness is based on the development of cognitive,
25		emotional, physical, and behavioral capacity that is typical
26		for an age or age group, taking into account the individual

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1		child's cognitive, emotional, physical, and behavioral
2		development.
3		"Caregiver" means a person with whom the child is placed
4		in out-of-home care or a designated official for child care
5		facilities licensed by the Department as defined in the Child
6		Care Act of 1969.
7		"Reasonable and prudent parent standard" means the
8		standard characterized by careful and sensible parental
9		decisions that maintain the child's health, safety, and best
10		interests while at the same time supporting the child's
11		emotional and developmental growth that a caregiver shall use
12		when determining whether to allow a child in out-of-home care
13		to participate in extracurricular, enrichment, cultural, and
14		social activities.
15		(c) Requirements for decision-making.
16		(1) Each child who comes into the care and custody of
17		the Department is fully entitled to participate in
18		appropriate extracurricular, enrichment, cultural, and
19		social activities in a manner that allows that child to
20		participate in his or her community to the fullest extent
21		possible.
22		(2) Caregivers must use the reasonable and prudent
23		parent standard in determining whether to give permission
24		for a child in out-of-home care to participate in
25		appropriate extracurricular, enrichment, cultural, and
26		social activities. Caregivers are expected to promote and

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1		support a child's participation in such activities. When
2		using the reasonable and prudent parent standard, the
3		caregiver shall consider:
4		(A) the child's age, maturity, and developmental
5		level to promote the overall health, safety, and best
6		interests of the child;
7		(B) the best interest of the child based on
8		information known by the caregiver;
9		(C) the importance and fundamental value of
10		encouraging the child's emotional and developmental
11		growth gained through participation in activities in
12		his or her community;
13		(D) the importance and fundamental value of
14		providing the child with the most family-like living
15		experience possible; and
16		(E) the behavioral history of the child and the
17		child's ability to safely participate in the proposed
18		activity.
19		(3) A caregiver is not liable for harm caused to a
20		child in out-of-home care who participates in an activity
21		approved by the caregiver, provided that the caregiver has
22		acted as a reasonable and prudent parent in permitting the
23		child to engage in the activity.
24		(c-5) No youth in care shall be required to store his or
25		her belongings in plastic bags or in similar forms of
26		disposable containers, including, but not limited to, trash

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1		bags, paper or plastic shopping bags, or pillow cases when
2		relocating from one placement type to another placement type
3		or when discharged from the custody or guardianship of the
4		Department. The Department shall ensure that each youth in
5		care has appropriate baggage and other items to store his or
6		her belongings when moving through the State's child welfare
7		system. As used in this subsection, "purchase of service
8		agency" means any entity that contracts with the Department to
9		provide services that are consistent with the purposes of this
10		Act.
11		(d) Rulemaking. The Department shall adopt, by rule,
12		procedures no later than June 1, 2017 that promote and protect
13		the ability of children to participate in appropriate
14		extracurricular, enrichment, cultural, and social activities.
15		(e) The Department shall ensure that every youth in care
16		who is entering his or her final year of high school has
17		completed a Free Application for Federal Student Aid form, if
18		applicable, or an application for State financial aid on or
19		after October 1, but no later than November 1, of the youth's
20		final year of high school.
21		(Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22;
22		revised 10-5-21.)
23		Section 120. The Department of Commerce and Economic
24		Opportunity Law of the Civil Administrative Code of Illinois
25		is amended by setting forth and renumbering multiple versions

HB5501 Engrossed - 180 - LRB102 24698 AMC 33937 b
1		of Section 605-1055 and by changing Section 605-1057 as
2		follows:
3		(20 ILCS 605/605-1055)
4		Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program.
5		(a) There is established the Illinois Small Business
6		Innovation Research (SBIR) and Small Business Technology
7		Transfer (STTR) Matching Funds Program to be administered by
8		the Department. In order to foster job creation and economic
9		development in the State, the Department may make grants to
10		eligible businesses to match funds received by the business as
11		an SBIR or STTR Phase I award and to encourage businesses to
12		apply for Phase II awards.
13		(b) In order to be eligible for a grant under this Section,
14		a business must satisfy all of the following conditions:
15		(1) The business must be a for-profit, Illinois-based
16		business. For the purposes of this Section, an
17		Illinois-based business is one that has its principal
18		place of business in this State;
19		(2) The business must have received an SBIR/STTR Phase
20		I award from a participating federal agency in response to
21		a specific federal solicitation. To receive the full
22		match, the business must also have submitted a final Phase
23		I report, demonstrated that the sponsoring agency has
24		interest in the Phase II proposal, and submitted a Phase
25		II proposal to the agency.

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1		(3) The business must satisfy all federal SBIR/STTR
2		requirements.
3		(4) The business shall not receive concurrent funding
4		support from other sources that duplicates the purpose of
5		this Section.
6		(5) The business must certify that at least 51% of the
7		research described in the federal SBIR/STTR Phase II
8		proposal will be conducted in this State and that the
9		business will remain an Illinois-based business for the
10		duration of the SBIR/STTR Phase II project.
11		(6) The business must demonstrate its ability to
12		conduct research in its SBIR/STTR Phase II proposal.
13		(c) The Department may award grants to match the funds
14		received by a business through an SBIR/STTR Phase I proposal
15		up to a maximum of $50,000. Seventy-five percent of the total
16		grant shall be remitted to the business upon receipt of the
17		SBIR/STTR Phase I award and application for funds under this
18		Section. Twenty-five percent of the total grant shall be
19		remitted to the business upon submission by the business of
20		the Phase II application to the funding agency and acceptance
21		of the Phase I report by the funding agency. A business may
22		receive only one grant under this Section per year. A business
23		may receive only one grant under this Section with respect to
24		each federal proposal submission. Over its lifetime, a
25		business may receive a maximum of 5 awards under this Section.
26		(d) A business shall apply, under oath, to the Department

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1		for a grant under this Section on a form prescribed by the
2		Department that includes at least all of the following:
3		(1) the name of the business, the form of business
4		organization under which it is operated, and the names and
5		addresses of the principals or management of the business;
6		(2) an acknowledgment of receipt of the Phase I report
7		and Phase II proposal by the relevant federal agency; and
8		(3) any other information necessary for the Department
9		to evaluate the application.
10		(Source: P.A. 101-657, eff. 3-23-21.)
11		(20 ILCS 605/605-1057)
12		(Section scheduled to be repealed on July 1, 2031)
13		Sec. 605-1057. State-designated cultural districts.
14		(a) As used in this Section, "State-designated cultural
15		district" means a geographical area certified under this
16		Section that has a distinct, historic, and cultural identity.
17		Municipalities or 501(c)(3) organizations working on behalf of
18		a certified geographical area should seek to:
19		(1) Promote a distinct historic and cultural
20		community.
21		(2) Encourage economic development and support
22		supports entrepreneurship in the geographic area and
23		community.
24		(3) Encourage the preservation and development of
25		historic and culturally significant structures,

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1		traditions, and languages.
2		(4) Foster local cultural development and education.
3		(5) Provide a focal point for celebrating and
4		strengthening the unique cultural identity of the
5		community.
6		(6) Promote growth and opportunity without generating
7		displacement or expanding inequality.
8		(b) Administrative authority. The Department of Commerce
9		and Economic Opportunity shall establish criteria and
10		guidelines for State-designated cultural districts by rule in
11		accordance with qualifying criteria outlined in subsection
12		(c). In executing its powers and duties under this Section,
13		the Department shall:
14		(1) establish a competitive application system by
15		which a community may apply for certification as a
16		State-designated cultural district;
17		(2) provide technical assistance for State-designated
18		cultural districts by collaborating with all relevant
19		offices and grantees of the Department to help them
20		identify and achieve their goals for cultural
21		preservation, including, but not limited to, promotional
22		support of State-designated cultural districts and support
23		for small businesses looking to access resources;
24		(3) collaborate with other State agencies, units of
25		local government, community organizations, and private
26		entities to maximize the benefits of State-designated

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1		cultural districts; and
2		(4) establish an advisory committee to advise the
3		Department on program rules and the certification process.
4		The advisory committee shall reflect the diversity of the
5		State of Illinois, including geographic, racial, and
6		ethnic diversity. The advisory committee must include:
7		(A) a representative of the Department of Commerce
8		and Economic Opportunity appointed by the Director;
9		(B) a representative of the Department of
10		Agriculture appointed by the Director of Agriculture;
11		(C) a representative of the Illinois Housing
12		Development Authority appointed by the Executive
13		Director of the Illinois Housing Development
14		Authority;
15		(D) two members of the House of Representatives
16		appointed one each by the Speaker of the House of
17		Representatives and the Minority Leader of the House
18		of Representatives;
19		(E) two members of the Senate appointed one each
20		by the President of the Senate and the Minority Leader
21		of the Senate; and
22		(F) four community representatives appointed by
23		the Governor representing diverse racial, ethnic, and
24		geographic groups not captured in the membership of
25		the other designees, with the input of community and
26		stakeholder groups.

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1		(c) Certification. A geographical area within the State
2		may be certified as a State-designated cultural district by
3		applying to the Department for certification. Certification as
4		a State-designated cultural district shall be for a period of
5		10 years, after which the district may renew certification
6		every 5 years. A municipality or 501(c)(3) organization may
7		apply for certification on behalf of a geographic area. The
8		applying entity is responsible for complying with reporting
9		requirements under subsection (f). The Department shall
10		develop criteria to assess whether an applicant qualifies for
11		certification under this Section. That criteria must include a
12		demonstration that the applicant and the community:
13		(1) have been historically impacted and are currently
14		at risk of losing their cultural identity because of
15		gentrification, displacement, or the COVID-19 pandemic;
16		(2) can demonstrate a history of economic
17		disinvestment; and
18		(3) can demonstrate strong community support for the
19		cultural district designation through active and formal
20		participation by community organizations and municipal and
21		regional government agencies or officials.
22		(d) Each applicant shall be encouraged by the Department
23		to:
24		(1) have development plans that include and prioritize
25		the preservation of local businesses and retention of
26		existing residents and businesses; and

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1		(2) have an education framework in place informed with
2		a vision of food justice, social justice, community
3		sustainability, and social equity.
4		(e) The Department shall award no more than 5
5		State-designated cultural districts every year. At no point
6		shall the total amount of State-designated cultural districts
7		be more than 15, unless otherwise directed by the Director of
8		the Department of Commerce and Economic Opportunity in
9		consultation with the advisory committee.
10		(f) Within 12 months after being designated a cultural
11		district, the State-designated cultural district shall submit
12		a report to the Department detailing its current programs and
13		goals for the next 4 years of its designation. For each year
14		thereafter that the district remains a State-designated
15		cultural district, it shall submit a report to the Department
16		on the status of the program and future developments of the
17		district. Any State-designated cultural district that fails to
18		file a report for 2 consecutive years shall lose its status.
19		(g) This Section is repealed on July 1, 2031.
20		(Source: P.A. 102-628, eff. 1-1-22; revised 12-6-21.)
21		(20 ILCS 605/605-1080)
22		(Section scheduled to be repealed on January 1, 2024)
23		Sec. 605-1080 605-1055. Personal care products industry
24		supplier disparity study.
25		(a) The Department shall compile and publish a disparity

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1		study by December 31, 2022 that: (1) evaluates whether there
2		exists intentional discrimination at the supplier or
3		distribution level for retailers of beauty products,
4		cosmetics, hair care supplies, and personal care products in
5		the State of Illinois; and (2) if so, evaluates the impact of
6		such discrimination on the State and includes recommendations
7		for reducing or eliminating any barriers to entry to those
8		wishing to establish businesses at the retail level involving
9		such products. The Department shall forward a copy of its
10		findings and recommendations to the General Assembly and
11		Governor.
12		(b) The Department may compile, collect, or otherwise
13		gather data necessary for the administration of this Section
14		and to carry out the Department's duty relating to the
15		recommendation of policy changes. The Department shall compile
16		all of the data into a single report, submit the report to the
17		Governor and the General Assembly, and publish the report on
18		its website.
19		(c) This Section is repealed on January 1, 2024.
20		(Source: P.A. 101-658, eff. 3-23-21; revised 11-2-21.)
21		(20 ILCS 605/605-1085)
22		Sec. 605-1085 605-1055. The Illinois Small Business Fund.
23		The Illinois Small Business Fund is created as a
24		nonappropriated separate and apart trust fund in the State
25		Treasury. The Department shall use moneys in the Fund to

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1		manage proceeds that result from investments that the
2		Department has undertaken through economic development
3		programs, including, but not limited to, the Department's
4		Venture Capital Investment Program. The Department may use
5		moneys collected to reinvest in small business and economic
6		development initiatives through grants or loans. The Fund may
7		receive any grants or other moneys designated for small
8		business growth from the State, or any unit of federal or local
9		government, or any other person, firm, partnership, or
10		corporation. Any interest earnings that are attributable to
11		moneys in the Fund must be deposited into the Fund.
12		(Source: P.A. 102-330, eff. 1-1-22; revised 11-2-21.)
13		(20 ILCS 605/605-1090)
14		Sec. 605-1090 605-1055. Illinois Innovation Voucher
15		Program.
16		(a) The Department is authorized to establish the Illinois
17		Innovation Voucher Program to be administered in accordance
18		with this Section for the purpose of fostering research and
19		development in key industry clusters leading to the creation
20		of new products and services that can be marketed by Illinois
21		businesses. Subject to appropriation, the Department may award
22		innovation vouchers to eligible businesses to offset a portion
23		of expenses incurred through a collaborative research
24		engagement with an Illinois institution of higher education.
25		(b) Subject to appropriation, the Department may award

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1		matching funds in the form of innovation vouchers up to 75% of
2		the cost of the research engagement not to exceed $75,000. A
3		business may receive only one innovation voucher under this
4		Section per year.
5		(c) The Department, when administering the Program under
6		this Section:
7		(1) must encourage participation among small and
8		mid-sized businesses;
9		(2) must encourage participation in the Program in
10		diverse geographic and economic areas, including urban,
11		suburban, and rural areas of the State; and
12		(3) must encourage participation in the Program from
13		businesses that operate in key industries, as defined by
14		the Department. These industries include, but are not
15		limited to, the following: (i) agribusiness and agtech;
16		(ii) energy; (iii) information technology; (iv) life
17		sciences and healthcare; (v) manufacturing; and (vi)
18		transportation and logistics.
19		(d) In order to be eligible for an innovation voucher
20		under this Section, a business must satisfy all of the
21		following conditions:
22		(1) the business must be an Illinois-based business.
23		For the purposes of this Section, "Illinois-based
24		business" means a business that has its principal place of
25		business in this State or that employs at least 100
26		full-time employees, as defined under Section 5-5 of the

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1		Economic Development for a Growing Economy Tax Credit Act,
2		in this State;
3		(2) the business must remain in this State for the
4		duration of research engagement; and
5		(3) the partnering institution of higher education
6		must be an Illinois-based institution of higher education
7		and non-profit. For the purposes of this Section,
8		"Illinois-based institution of higher education" means an
9		institution of higher education that has its main physical
10		campus in this State.
11		(e) The Department may adopt any rules necessary to
12		administer the provisions of this Section.
13		(Source: P.A. 102-648, eff. 8-27-21; revised 11-2-21.)
14		Section 125. The Illinois Enterprise Zone Act is amended
15		by changing Section 5.5 as follows:
16		(20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
17		Sec. 5.5. High Impact Business.
18		(a) In order to respond to unique opportunities to assist
19		in the encouragement, development, growth, and expansion of
20		the private sector through large scale investment and
21		development projects, the Department is authorized to receive
22		and approve applications for the designation of "High Impact
23		Businesses" in Illinois subject to the following conditions:
24		(1) such applications may be submitted at any time

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1		during the year;
2		(2) such business is not located, at the time of
3		designation, in an enterprise zone designated pursuant to
4		this Act;
5		(3) the business intends to do one or more of the
6		following:
7		(A) the business intends to make a minimum
8		investment of $12,000,000 which will be placed in
9		service in qualified property and intends to create
10		500 full-time equivalent jobs at a designated location
11		in Illinois or intends to make a minimum investment of
12		$30,000,000 which will be placed in service in
13		qualified property and intends to retain 1,500
14		full-time retained jobs at a designated location in
15		Illinois. The business must certify in writing that
16		the investments would not be placed in service in
17		qualified property and the job creation or job
18		retention would not occur without the tax credits and
19		exemptions set forth in subsection (b) of this
20		Section. The terms "placed in service" and "qualified
21		property" have the same meanings as described in
22		subsection (h) of Section 201 of the Illinois Income
23		Tax Act; or
24		(B) the business intends to establish a new
25		electric generating facility at a designated location
26		in Illinois. "New electric generating facility", for

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1		purposes of this Section, means a newly constructed
2		newly-constructed electric generation plant or a newly
3		constructed newly-constructed generation capacity
4		expansion at an existing electric generation plant,
5		including the transmission lines and associated
6		equipment that transfers electricity from points of
7		supply to points of delivery, and for which such new
8		foundation construction commenced not sooner than July
9		1, 2001. Such facility shall be designed to provide
10		baseload electric generation and shall operate on a
11		continuous basis throughout the year; and (i) shall
12		have an aggregate rated generating capacity of at
13		least 1,000 megawatts for all new units at one site if
14		it uses natural gas as its primary fuel and foundation
15		construction of the facility is commenced on or before
16		December 31, 2004, or shall have an aggregate rated
17		generating capacity of at least 400 megawatts for all
18		new units at one site if it uses coal or gases derived
19		from coal as its primary fuel and shall support the
20		creation of at least 150 new Illinois coal mining
21		jobs, or (ii) shall be funded through a federal
22		Department of Energy grant before December 31, 2010
23		and shall support the creation of Illinois coal-mining
24		jobs, or (iii) shall use coal gasification or
25		integrated gasification-combined cycle units that
26		generate electricity or chemicals, or both, and shall

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1		support the creation of Illinois coal-mining jobs. The
2		business must certify in writing that the investments
3		necessary to establish a new electric generating
4		facility would not be placed in service and the job
5		creation in the case of a coal-fueled plant would not
6		occur without the tax credits and exemptions set forth
7		in subsection (b-5) of this Section. The term "placed
8		in service" has the same meaning as described in
9		subsection (h) of Section 201 of the Illinois Income
10		Tax Act; or
11		(B-5) the business intends to establish a new
12		gasification facility at a designated location in
13		Illinois. As used in this Section, "new gasification
14		facility" means a newly constructed coal gasification
15		facility that generates chemical feedstocks or
16		transportation fuels derived from coal (which may
17		include, but are not limited to, methane, methanol,
18		and nitrogen fertilizer), that supports the creation
19		or retention of Illinois coal-mining jobs, and that
20		qualifies for financial assistance from the Department
21		before December 31, 2010. A new gasification facility
22		does not include a pilot project located within
23		Jefferson County or within a county adjacent to
24		Jefferson County for synthetic natural gas from coal;
25		or
26		(C) the business intends to establish production

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1		operations at a new coal mine, re-establish production
2		operations at a closed coal mine, or expand production
3		at an existing coal mine at a designated location in
4		Illinois not sooner than July 1, 2001; provided that
5		the production operations result in the creation of
6		150 new Illinois coal mining jobs as described in
7		subdivision (a)(3)(B) of this Section, and further
8		provided that the coal extracted from such mine is
9		utilized as the predominant source for a new electric
10		generating facility. The business must certify in
11		writing that the investments necessary to establish a
12		new, expanded, or reopened coal mine would not be
13		placed in service and the job creation would not occur
14		without the tax credits and exemptions set forth in
15		subsection (b-5) of this Section. The term "placed in
16		service" has the same meaning as described in
17		subsection (h) of Section 201 of the Illinois Income
18		Tax Act; or
19		(D) the business intends to construct new
20		transmission facilities or upgrade existing
21		transmission facilities at designated locations in
22		Illinois, for which construction commenced not sooner
23		than July 1, 2001. For the purposes of this Section,
24		"transmission facilities" means transmission lines
25		with a voltage rating of 115 kilovolts or above,
26		including associated equipment, that transfer

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1		electricity from points of supply to points of
2		delivery and that transmit a majority of the
3		electricity generated by a new electric generating
4		facility designated as a High Impact Business in
5		accordance with this Section. The business must
6		certify in writing that the investments necessary to
7		construct new transmission facilities or upgrade
8		existing transmission facilities would not be placed
9		in service without the tax credits and exemptions set
10		forth in subsection (b-5) of this Section. The term
11		"placed in service" has the same meaning as described
12		in subsection (h) of Section 201 of the Illinois
13		Income Tax Act; or
14		(E) the business intends to establish a new wind
15		power facility at a designated location in Illinois.
16		For purposes of this Section, "new wind power
17		facility" means a newly constructed electric
18		generation facility, a newly constructed expansion of
19		an existing electric generation facility, or the
20		replacement of an existing electric generation
21		facility, including the demolition and removal of an
22		electric generation facility irrespective of whether
23		it will be replaced, placed in service or replaced on
24		or after July 1, 2009, that generates electricity
25		using wind energy devices, and such facility shall be
26		deemed to include any permanent structures associated

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1		with the electric generation facility and all
2		associated transmission lines, substations, and other
3		equipment related to the generation of electricity
4		from wind energy devices. For purposes of this
5		Section, "wind energy device" means any device, with a
6		nameplate capacity of at least 0.5 megawatts, that is
7		used in the process of converting kinetic energy from
8		the wind to generate electricity; or
9		(E-5) the business intends to establish a new
10		utility-scale solar facility at a designated location
11		in Illinois. For purposes of this Section, "new
12		utility-scale solar power facility" means a newly
13		constructed electric generation facility, or a newly
14		constructed expansion of an existing electric
15		generation facility, placed in service on or after
16		July 1, 2021, that (i) generates electricity using
17		photovoltaic cells and (ii) has a nameplate capacity
18		that is greater than 5,000 kilowatts, and such
19		facility shall be deemed to include all associated
20		transmission lines, substations, energy storage
21		facilities, and other equipment related to the
22		generation and storage of electricity from
23		photovoltaic cells; or
24		(F) the business commits to (i) make a minimum
25		investment of $500,000,000, which will be placed in
26		service in a qualified property, (ii) create 125

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1		full-time equivalent jobs at a designated location in
2		Illinois, (iii) establish a fertilizer plant at a
3		designated location in Illinois that complies with the
4		set-back standards as described in Table 1: Initial
5		Isolation and Protective Action Distances in the 2012
6		Emergency Response Guidebook published by the United
7		States Department of Transportation, (iv) pay a
8		prevailing wage for employees at that location who are
9		engaged in construction activities, and (v) secure an
10		appropriate level of general liability insurance to
11		protect against catastrophic failure of the fertilizer
12		plant or any of its constituent systems; in addition,
13		the business must agree to enter into a construction
14		project labor agreement including provisions
15		establishing wages, benefits, and other compensation
16		for employees performing work under the project labor
17		agreement at that location; for the purposes of this
18		Section, "fertilizer plant" means a newly constructed
19		or upgraded plant utilizing gas used in the production
20		of anhydrous ammonia and downstream nitrogen
21		fertilizer products for resale; for the purposes of
22		this Section, "prevailing wage" means the hourly cash
23		wages plus fringe benefits for training and
24		apprenticeship programs approved by the U.S.
25		Department of Labor, Bureau of Apprenticeship and
26		Training, health and welfare, insurance, vacations and

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1		pensions paid generally, in the locality in which the
2		work is being performed, to employees engaged in work
3		of a similar character on public works; this paragraph
4		(F) applies only to businesses that submit an
5		application to the Department within 60 days after
6		July 25, 2013 (the effective date of Public Act
7		98-109); and
8		(4) no later than 90 days after an application is
9		submitted, the Department shall notify the applicant of
10		the Department's determination of the qualification of the
11		proposed High Impact Business under this Section.
12		(b) Businesses designated as High Impact Businesses
13		pursuant to subdivision (a)(3)(A) of this Section shall
14		qualify for the credits and exemptions described in the
15		following Acts: Section 9-222 and Section 9-222.1A of the
16		Public Utilities Act, subsection (h) of Section 201 of the
17		Illinois Income Tax Act, and Section 1d of the Retailers'
18		Occupation Tax Act; provided that these credits and exemptions
19		described in these Acts shall not be authorized until the
20		minimum investments set forth in subdivision (a)(3)(A) of this
21		Section have been placed in service in qualified properties
22		and, in the case of the exemptions described in the Public
23		Utilities Act and Section 1d of the Retailers' Occupation Tax
24		Act, the minimum full-time equivalent jobs or full-time
25		retained jobs set forth in subdivision (a)(3)(A) of this
26		Section have been created or retained. Businesses designated

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1		as High Impact Businesses under this Section shall also
2		qualify for the exemption described in Section 5l of the
3		Retailers' Occupation Tax Act. The credit provided in
4		subsection (h) of Section 201 of the Illinois Income Tax Act
5		shall be applicable to investments in qualified property as
6		set forth in subdivision (a)(3)(A) of this Section.
7		(b-5) Businesses designated as High Impact Businesses
8		pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
9		and (a)(3)(D) of this Section shall qualify for the credits
10		and exemptions described in the following Acts: Section 51 of
11		the Retailers' Occupation Tax Act, Section 9-222 and Section
12		9-222.1A of the Public Utilities Act, and subsection (h) of
13		Section 201 of the Illinois Income Tax Act; however, the
14		credits and exemptions authorized under Section 9-222 and
15		Section 9-222.1A of the Public Utilities Act, and subsection
16		(h) of Section 201 of the Illinois Income Tax Act shall not be
17		authorized until the new electric generating facility, the new
18		gasification facility, the new transmission facility, or the
19		new, expanded, or reopened coal mine is operational, except
20		that a new electric generating facility whose primary fuel
21		source is natural gas is eligible only for the exemption under
22		Section 5l of the Retailers' Occupation Tax Act.
23		(b-6) Businesses designated as High Impact Businesses
24		pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this
25		Section shall qualify for the exemptions described in Section
26		5l of the Retailers' Occupation Tax Act; any business so

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1		designated as a High Impact Business being, for purposes of
2		this Section, a "Wind Energy Business".
3		(b-7) Beginning on January 1, 2021, businesses designated
4		as High Impact Businesses by the Department shall qualify for
5		the High Impact Business construction jobs credit under
6		subsection (h-5) of Section 201 of the Illinois Income Tax Act
7		if the business meets the criteria set forth in subsection (i)
8		of this Section. The total aggregate amount of credits awarded
9		under the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
10		shall not exceed $20,000,000 in any State fiscal year.
11		(c) High Impact Businesses located in federally designated
12		foreign trade zones or sub-zones are also eligible for
13		additional credits, exemptions and deductions as described in
14		the following Acts: Section 9-221 and Section 9-222.1 of the
15		Public Utilities Act; and subsection (g) of Section 201, and
16		Section 203 of the Illinois Income Tax Act.
17		(d) Except for businesses contemplated under subdivision
18		(a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois
19		businesses which apply for designation as a High Impact
20		Business must provide the Department with the prospective plan
21		for which 1,500 full-time retained jobs would be eliminated in
22		the event that the business is not designated.
23		(e) Except for new wind power facilities contemplated
24		under subdivision (a)(3)(E) of this Section, new proposed
25		facilities which apply for designation as High Impact Business
26		must provide the Department with proof of alternative

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1		non-Illinois sites which would receive the proposed investment
2		and job creation in the event that the business is not
3		designated as a High Impact Business.
4		(f) Except for businesses contemplated under subdivision
5		(a)(3)(E) of this Section, in the event that a business is
6		designated a High Impact Business and it is later determined
7		after reasonable notice and an opportunity for a hearing as
8		provided under the Illinois Administrative Procedure Act, that
9		the business would have placed in service in qualified
10		property the investments and created or retained the requisite
11		number of jobs without the benefits of the High Impact
12		Business designation, the Department shall be required to
13		immediately revoke the designation and notify the Director of
14		the Department of Revenue who shall begin proceedings to
15		recover all wrongfully exempted State taxes with interest. The
16		business shall also be ineligible for all State funded
17		Department programs for a period of 10 years.
18		(g) The Department shall revoke a High Impact Business
19		designation if the participating business fails to comply with
20		the terms and conditions of the designation.
21		(h) Prior to designating a business, the Department shall
22		provide the members of the General Assembly and Commission on
23		Government Forecasting and Accountability with a report
24		setting forth the terms and conditions of the designation and
25		guarantees that have been received by the Department in
26		relation to the proposed business being designated.

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1		(i) High Impact Business construction jobs credit.
2		Beginning on January 1, 2021, a High Impact Business may
3		receive a tax credit against the tax imposed under subsections
4		(a) and (b) of Section 201 of the Illinois Income Tax Act in an
5		amount equal to 50% of the amount of the incremental income tax
6		attributable to High Impact Business construction jobs credit
7		employees employed in the course of completing a High Impact
8		Business construction jobs project. However, the High Impact
9		Business construction jobs credit may equal 75% of the amount
10		of the incremental income tax attributable to High Impact
11		Business construction jobs credit employees if the High Impact
12		Business construction jobs credit project is located in an
13		underserved area.
14		The Department shall certify to the Department of Revenue:
15		(1) the identity of taxpayers that are eligible for the High
16		Impact Business construction jobs credit; and (2) the amount
17		of High Impact Business construction jobs credits that are
18		claimed pursuant to subsection (h-5) of Section 201 of the
19		Illinois Income Tax Act in each taxable year. Any business
20		entity that receives a High Impact Business construction jobs
21		credit shall maintain a certified payroll pursuant to
22		subsection (j) of this Section.
23		As used in this subsection (i):
24		"High Impact Business construction jobs credit" means an
25		amount equal to 50% (or 75% if the High Impact Business
26		construction project is located in an underserved area) of the

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1		incremental income tax attributable to High Impact Business
2		construction job employees. The total aggregate amount of
3		credits awarded under the Blue Collar Jobs Act (Article 20 of
4		Public Act 101-9) shall not exceed $20,000,000 in any State
5		fiscal year
6		"High Impact Business construction job employee" means a
7		laborer or worker who is employed by an Illinois contractor or
8		subcontractor in the actual construction work on the site of a
9		High Impact Business construction job project.
10		"High Impact Business construction jobs project" means
11		building a structure or building or making improvements of any
12		kind to real property, undertaken and commissioned by a
13		business that was designated as a High Impact Business by the
14		Department. The term "High Impact Business construction jobs
15		project" does not include the routine operation, routine
16		repair, or routine maintenance of existing structures,
17		buildings, or real property.
18		"Incremental income tax" means the total amount withheld
19		during the taxable year from the compensation of High Impact
20		Business construction job employees.
21		"Underserved area" means a geographic area that meets one
22		or more of the following conditions:
23		(1) the area has a poverty rate of at least 20%
24		according to the latest American Community Survey;
25		(2) 35% or more of the families with children in the
26		area are living below 130% of the poverty line, according

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1		to the latest American Community Survey;
2		(3) at least 20% of the households in the area receive
3		assistance under the Supplemental Nutrition Assistance
4		Program (SNAP); or
5		(4) the area has an average unemployment rate, as
6		determined by the Illinois Department of Employment
7		Security, that is more than 120% of the national
8		unemployment average, as determined by the U.S. Department
9		of Labor, for a period of at least 2 consecutive calendar
10		years preceding the date of the application.
11		(j) Each contractor and subcontractor who is engaged in
12		and executing a High Impact Business Construction jobs
13		project, as defined under subsection (i) of this Section, for
14		a business that is entitled to a credit pursuant to subsection
15		(i) of this Section shall:
16		(1) make and keep, for a period of 5 years from the
17		date of the last payment made on or after June 5, 2019 (the
18		effective date of Public Act 101-9) on a contract or
19		subcontract for a High Impact Business Construction Jobs
20		Project, records for all laborers and other workers
21		employed by the contractor or subcontractor on the
22		project; the records shall include:
23		(A) the worker's name;
24		(B) the worker's address;
25		(C) the worker's telephone number, if available;
26		(D) the worker's social security number;

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1		(E) the worker's classification or
2		classifications;
3		(F) the worker's gross and net wages paid in each
4		pay period;
5		(G) the worker's number of hours worked each day;
6		(H) the worker's starting and ending times of work
7		each day;
8		(I) the worker's hourly wage rate;
9		(J) the worker's hourly overtime wage rate;
10		(K) the worker's race and ethnicity; and
11		(L) the worker's gender;
12		(2) no later than the 15th day of each calendar month,
13		provide a certified payroll for the immediately preceding
14		month to the taxpayer in charge of the High Impact
15		Business construction jobs project; within 5 business days
16		after receiving the certified payroll, the taxpayer shall
17		file the certified payroll with the Department of Labor
18		and the Department of Commerce and Economic Opportunity; a
19		certified payroll must be filed for only those calendar
20		months during which construction on a High Impact Business
21		construction jobs project has occurred; the certified
22		payroll shall consist of a complete copy of the records
23		identified in paragraph (1) of this subsection (j), but
24		may exclude the starting and ending times of work each
25		day; the certified payroll shall be accompanied by a
26		statement signed by the contractor or subcontractor or an

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1		officer, employee, or agent of the contractor or
2		subcontractor which avers that:
3		(A) he or she has examined the certified payroll
4		records required to be submitted by the Act and such
5		records are true and accurate; and
6		(B) the contractor or subcontractor is aware that
7		filing a certified payroll that he or she knows to be
8		false is a Class A misdemeanor.
9		A general contractor is not prohibited from relying on a
10		certified payroll of a lower-tier subcontractor, provided the
11		general contractor does not knowingly rely upon a
12		subcontractor's false certification.
13		Any contractor or subcontractor subject to this
14		subsection, and any officer, employee, or agent of such
15		contractor or subcontractor whose duty as an officer,
16		employee, or agent it is to file a certified payroll under this
17		subsection, who willfully fails to file such a certified
18		payroll on or before the date such certified payroll is
19		required by this paragraph to be filed and any person who
20		willfully files a false certified payroll that is false as to
21		any material fact is in violation of this Act and guilty of a
22		Class A misdemeanor.
23		The taxpayer in charge of the project shall keep the
24		records submitted in accordance with this subsection on or
25		after June 5, 2019 (the effective date of Public Act 101-9) for
26		a period of 5 years from the date of the last payment for work

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1		on a contract or subcontract for the High Impact Business
2		construction jobs project.
3		The records submitted in accordance with this subsection
4		shall be considered public records, except an employee's
5		address, telephone number, and social security number, and
6		made available in accordance with the Freedom of Information
7		Act. The Department of Labor shall share the information with
8		the Department in order to comply with the awarding of a High
9		Impact Business construction jobs credit. A contractor,
10		subcontractor, or public body may retain records required
11		under this Section in paper or electronic format.
12		(k) Upon 7 business days' notice, each contractor and
13		subcontractor shall make available for inspection and copying
14		at a location within this State during reasonable hours, the
15		records identified in this subsection (j) to the taxpayer in
16		charge of the High Impact Business construction jobs project,
17		its officers and agents, the Director of the Department of
18		Labor and his or her deputies and agents, and to federal,
19		State, or local law enforcement agencies and prosecutors.
20		(Source: P.A. 101-9, eff. 6-5-19; 102-108, eff. 1-1-22;
21		102-558, eff. 8-20-21; 102-605, eff. 8-27-21; 102-662, eff.
22		9-15-21; 102-673, eff. 11-30-21; revised 12-8-21.)
23		Section 130. The Illinois Promotion Act is amended by
24		changing Section 8a as follows:

HB5501 Engrossed - 208 - LRB102 24698 AMC 33937 b
1		(20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
2		Sec. 8a. Tourism grants and loans.
3		(1) The Department is authorized to make grants and loans,
4		subject to appropriations by the General Assembly for this
5		purpose from the Tourism Promotion Fund, to counties,
6		municipalities, other units of local government, local
7		promotion groups, not-for-profit organizations, or for-profit
8		businesses for the development or improvement of tourism
9		attractions in Illinois. Individual grants and loans shall not
10		exceed $1,000,000 and shall not exceed 50% of the entire
11		amount of the actual expenditures for the development or
12		improvement of a tourist attraction. Agreements for loans made
13		by the Department pursuant to this subsection may contain
14		provisions regarding term, interest rate, security as may be
15		required by the Department and any other provisions the
16		Department may require to protect the State's interest.
17		(2) From appropriations to the Department from the State
18		CURE fund for this purpose, the Department shall establish
19		Tourism Attraction grants for purposes outlined in subsection
20		(1). Grants under this subsection shall not exceed $1,000,000
21		but may exceed 50% of the entire amount of the actual
22		expenditure for the development or improvement of a tourist
23		attraction, including, but not limited to, festivals.
24		Expenditures of such funds shall be in accordance with the
25		permitted purposes under Section 9901 of the American Rescue
26		Plan Act of 2021 and all related federal guidance.

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1		(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21;
2		revised 9-28-21.)
3		Section 135. The Financial Institutions Code is amended by
4		changing Section 6 as follows:
5		(20 ILCS 1205/6) (from Ch. 17, par. 106)
6		Sec. 6. In addition to the duties imposed elsewhere in
7		this Act, the Department has the following powers:
8		(1) To exercise the rights, powers and duties vested by
9		law in the Auditor of Public Accounts under "An Act to provide
10		for the incorporation, management and regulation of pawners'
11		societies and limiting the rate of compensation to be paid for
12		advances, storage and insurance on pawns and pledges and to
13		allow the loaning of money upon personal property", approved
14		March 29, 1899, as amended.
15		(2) To exercise the rights, powers and duties vested by
16		law in the Auditor of Public Accounts under the Currency
17		Exchange Act "An Act in relation to the definition, licensing
18		and regulation of community currency exchanges and ambulatory
19		currency exchanges, and the operators and employees thereof,
20		and to make an appropriation therefor, and to provide
21		penalties and remedies for the violation thereof", approved
22		June 30, 1943, as amended.
23		(3) To exercise the rights, powers, and duties vested by
24		law in the Auditor of Public Accounts under "An Act in relation

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1		to the buying and selling of foreign exchange and the
2		transmission or transfer of money to foreign countries",
3		approved June 28, 1923, as amended.
4		(4) To exercise the rights, powers, and duties vested by
5		law in the Auditor of Public Accounts under "An Act to provide
6		for and regulate the business of guaranteeing titles to real
7		estate by corporations", approved May 13, 1901, as amended.
8		(5) To exercise the rights, powers and duties vested by
9		law in the Department of Insurance under "An Act to define,
10		license, and regulate the business of making loans of eight
11		hundred dollars or less, permitting an interest charge thereon
12		greater than otherwise allowed by law, authorizing and
13		regulating the assignment of wages or salary when taken as
14		security for any such loan or as consideration for a payment of
15		eight hundred dollars or less, providing penalties, and to
16		repeal Acts therein named", approved July 11, 1935, as
17		amended.
18		(6) To administer and enforce the Safety Deposit License
19		Act "An Act to license and regulate the keeping and letting of
20		safety deposit boxes, safes, and vaults, and the opening
21		thereof, and to repeal a certain Act therein named", approved
22		June 13, 1945, as amended.
23		(7) Whenever the Department is authorized or required by
24		law to consider some aspect of criminal history record
25		information for the purpose of carrying out its statutory
26		powers and responsibilities, then, upon request and payment of

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1		fees in conformance with the requirements of Section 2605-400
2		of the Illinois State Police Law, the Illinois State Police is
3		authorized to furnish, pursuant to positive identification,
4		such information contained in State files as is necessary to
5		fulfill the request.
6		(8) To administer the Payday Loan Reform Act, the Consumer
7		Installment Loan Act, the Predatory Loan Prevention Act, the
8		Motor Vehicle Retail Installment Sales Act, and the Retail
9		Installment Sales Act.
10		(Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21;
11		revised 10-5-21.)
12		Section 140. The Department of Innovation and Technology
13		Act is amended by changing Section 1-5 as follows:
14		(20 ILCS 1370/1-5)
15		Sec. 1-5. Definitions. In this Act:
16		"Client agency" means each transferring agency, or its
17		successor, and any other public agency to which the Department
18		provides service to the extent specified in an interagency
19		agreement with the public agency.
20		"Dedicated unit" means the dedicated bureau, division,
21		office, or other unit within a transferring agency that is
22		responsible for the information technology functions of the
23		transferring agency.
24		"Department" means the Department of Innovation and

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1		Technology.
2		"Information technology" means technology,
3		infrastructure, equipment, systems, software, networks, and
4		processes used to create, send, receive, and store electronic
5		or digital information, including, without limitation,
6		computer systems and telecommunication services and systems.
7		"Information technology" shall be construed broadly to
8		incorporate future technologies (such as sensors and balanced
9		private hybrid or public cloud posture tailored to the mission
10		of the agency) that change or supplant those in effect as of
11		the effective date of this Act.
12		"Information technology functions" means the development,
13		procurement, installation, retention, maintenance, operation,
14		possession, storage, and related functions of all information
15		technology.
16		"Secretary" means the Secretary of Innovation and
17		Technology.
18		"State agency" means each State agency, department, board,
19		and commission under the jurisdiction of the Governor.
20		"Transferring agency" means the Department on Aging; the
21		Departments of Agriculture, Central Management Services,
22		Children and Family Services, Commerce and Economic
23		Opportunity, Corrections, Employment Security, Financial and
24		Professional Regulation, Healthcare and Family Services, Human
25		Rights, Human Services, Insurance, Juvenile Justice, Labor,
26		Lottery, Military Affairs, Natural Resources, Public Health,

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1		Revenue, Transportation, and Veterans' Affairs; the Illinois
2		State Police; the Capital Development Board; the Deaf and Hard
3		of Hearing Commission; the Environmental Protection Agency;
4		the Governor's Office of Management and Budget; the
5		Guardianship and Advocacy Commission; the Abraham Lincoln
6		Presidential Library and Museum; the Illinois Arts Council;
7		the Illinois Council on Developmental Disabilities; the
8		Illinois Emergency Management Agency; the Illinois Gaming
9		Board; the Illinois Health Information Exchange Authority; the
10		Illinois Liquor Control Commission; the Office of the State
11		Fire Marshal; and the Prisoner Review Board.
12		(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
13		revised 9-28-21.)
14		Section 145. The Department of Insurance Law of the Civil
15		Administrative Code of Illinois is amended by setting forth,
16		renumbering, and changing multiple versions of Section 1405-40
17		as follows:
18		(20 ILCS 1405/1405-40)
19		Sec. 1405-40. Transfer of functions.
20		(a) On July 1, 2021 (the effective date of Public Act
21		102-37) this amendatory Act of the 102nd General Assembly, all
22		powers, duties, rights, and responsibilities of the Insurance
23		Compliance Division within the Illinois Workers' Compensation
24		Commission are transferred to the Department of Insurance. The

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1		personnel of the Insurance Compliance Division are transferred
2		to the Department of Insurance. The status and rights of such
3		personnel under the Personnel Code are not affected by the
4		transfer. The rights of the employees and the State of
5		Illinois and its agencies under the Personnel Code and
6		applicable collective bargaining agreements or under any
7		pension, retirement, or annuity plan are not affected by
8		Public Act 102-37 this amendatory Act of the 102nd General
9		Assembly. All books, records, papers, documents, property
10		(real and personal), contracts, causes of action, and pending
11		business pertaining to the powers, duties, rights, and
12		responsibilities transferred by Public Act 102-37 this
13		amendatory Act of the 102nd General Assembly from the
14		Insurance Compliance Division to the Department of Insurance,
15		including, but not limited to, material in electronic or
16		magnetic format and necessary computer hardware and software,
17		are transferred to the Department of Insurance. The powers,
18		duties, rights, and responsibilities relating to the Insurance
19		Compliance Division transferred by Public Act 102-37 this
20		amendatory Act of the 102nd General Assembly are vested in the
21		Department of Insurance.
22		(b) Whenever reports or notices are required to be made or
23		given or papers or documents furnished or served by any person
24		to or upon the Insurance Compliance Division in connection
25		with any of the powers, duties, rights, and responsibilities
26		transferred by Public Act 102-37 this amendatory Act of the

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1		102nd General Assembly, the Department of Insurance shall
2		make, give, furnish, or serve them.
3		(c) Public Act 102-37 This amendatory Act of the 102nd
4		General Assembly does not affect any act done, ratified, or
5		canceled, any right occurring or established, or any action or
6		proceeding had or commenced in an administrative, civil, or
7		criminal cause by the Insurance Compliance Division before
8		July 1, 2021 (the effective date of Public Act 102-37) this
9		amendatory Act of the 102nd General Assembly. Such actions or
10		proceedings may be prosecuted and continued by the Department
11		of Insurance.
12		(d) Any rules that relate to its powers, duties, rights,
13		and responsibilities of the Insurance Compliance Division and
14		are in force on July 1, 2021 (the effective date of Public Act
15		102-37) this amendatory Act of the 102nd General Assembly
16		become the rules of the Department of Insurance. Public Act
17		102-37 This amendatory Act of the 102nd General Assembly does
18		not affect the legality of any such rules.
19		(e) Any proposed rules filed with the Secretary of State
20		by the Illinois Workers' Compensation Commission that are
21		pending in the rulemaking process on July 1, 2021 (the
22		effective date of Public Act 102-37) this amendatory Act of
23		the 102nd General Assembly and pertain to the transferred
24		powers, duties, rights, and responsibilities are deemed to
25		have been filed by the Department of Insurance. As soon as
26		practicable, the Department of Insurance shall revise and

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1		clarify the rules transferred to it under Public Act 102-37
2		this amendatory Act of the 102nd General Assembly to reflect
3		the reorganization of powers, duties, rights, and
4		responsibilities affected by Public Act 102-37 this amendatory
5		Act of the 102nd General Assembly, using the procedures for
6		recodification of rules available under the Illinois
7		Administrative Procedure Act, except that existing title,
8		part, and section numbering for the affected rules may be
9		retained. The Department of Insurance may propose and adopt
10		under the Illinois Administrative Procedure Act other rules of
11		the Illinois Workers' Compensation Commission pertaining to
12		Public Act 102-37 this amendatory Act of the 102nd General
13		Assembly that are administered by the Department of Insurance.
14		(Source: P.A. 102-37, eff. 7-1-21; revised 11-3-21.)
15		(20 ILCS 1405/1405-45)
16		Sec. 1405-45 1405-40. Transfer of the Illinois
17		Comprehensive Health Insurance Plan. Upon entry of an Order of
18		Rehabilitation or Liquidation against the Comprehensive Health
19		Insurance Plan in accordance with Article XIII of the Illinois
20		Insurance Code, all powers, duties, rights, and
21		responsibilities of the Illinois Comprehensive Health
22		Insurance Plan and the Illinois Comprehensive Health Insurance
23		Board under the Comprehensive Health Insurance Plan Act shall
24		be transferred to and vested in the Director of Insurance as
25		rehabilitator or liquidator as provided in the provisions of

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1		Public Act 102-159 this amendatory Act of the 102nd General
2		Assembly.
3		(Source: P.A. 102-159, eff. 7-23-21; revised 11-3-21.)
4		Section 150. The Department of Labor Law of the Civil
5		Administrative Code of Illinois is amended by changing Section
6		1505-215 as follows:
7		(20 ILCS 1505/1505-215)
8		Sec. 1505-215. Bureau on Apprenticeship Programs and Clean
9		Energy Jobs.
10		(a) For purposes of this Section, "clean energy sector"
11		means solar energy, wind energy, energy efficiency, solar
12		thermal, green hydrogen, geothermal, and electric vehicle
13		industries and other renewable energy industries, industries
14		achieving emission reductions, and related industries that
15		manufacture, develop, build, maintain, or provide ancillary
16		services to renewable energy resources or energy efficiency
17		products or services, including the manufacture and
18		installation of healthier building materials that contain
19		fewer hazardous chemicals.
20		(b) There is created within the Department of Labor a
21		Bureau on Apprenticeship Programs and Clean Energy Jobs. This
22		Bureau shall work to increase minority participation in active
23		apprentice programs in Illinois that are approved by the
24		United States Department of Labor and in clean energy jobs in

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1		Illinois. The Bureau shall identify barriers to minorities
2		gaining access to construction careers and careers in the
3		clean energy sector and make recommendations to the Governor
4		and the General Assembly for policies to remove those
5		barriers. The Department may hire staff to perform outreach in
6		promoting diversity in active apprenticeship programs approved
7		by the United States Department of Labor.
8		(c) The Bureau shall annually compile racial and gender
9		workforce diversity information from contractors receiving
10		State or other public funds and by labor unions with members
11		working on projects receiving State or other public funds.
12		(d) The Bureau shall compile racial and gender workforce
13		diversity information from certified transcripts of payroll
14		reports filed in the preceding year pursuant to the Prevailing
15		Wage Act for all clean energy sector construction projects.
16		The Bureau shall work with the Department of Commerce and
17		Economic Opportunity, the Illinois Power Agency, the Illinois
18		Commerce Commission, and other agencies, as necessary, to
19		receive and share data and reporting on racial and gender
20		workforce diversity, demographic data, and any other data
21		necessary to achieve the goals of this Section.
22		(e) By April 15, 2022 and every April 15 thereafter, the
23		Bureau shall publish and make available on the Department's
24		website a report summarizing the racial and gender diversity
25		of the workforce on all clean energy sector projects by
26		county. The report shall use a consistent structure for

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1		information requests and presentation, with an easy-to-use
2		table of contents, to enable comparable year-over-year
3		solicitation and benchmarking of data. The development of the
4		report structure shall be open to a public review and comment
5		period. That report shall compare the race, ethnicity, and
6		gender of the workers on covered clean energy sector projects
7		to the general population of the county in which the project is
8		located. The report shall also disaggregate such data to
9		compare the race, ethnicity, and gender of workers employed by
10		union and nonunion contractors and compare the race,
11		ethnicity, and gender of workers who reside in Illinois and
12		those who reside outside of Illinois. The report shall also
13		include the race, ethnicity, and gender of the workers by
14		prevailing wage classification.
15		(f) The Bureau shall present its annual report to the
16		Energy Workforce Advisory Council in order to inform its
17		program evaluations, recommendations, and objectives pursuant
18		to Section 5-65 of the Energy Transition Act. The Bureau shall
19		also present its annual report to the Illinois Power Agency in
20		order to inform its ongoing equity and compliance efforts in
21		the clean energy sector.
22		The Bureau and all entities subject to the requirements of
23		subsection (d) shall hold an annual workshop open to the
24		public in 2022 and every year thereafter on the state of racial
25		and gender workforce diversity in the clean energy sector in
26		order to collaboratively seek solutions to structural

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1		impediments to achieving diversity, equity, and inclusion
2		goals, including testimony from each participating entity,
3		subject matter experts, and advocates.
4		(g) The Bureau shall publish each annual report prepared
5		and filed pursuant to subsection (d) on the Department of
6		Labor's website for at least 5 years.
7		(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
8		102-558, eff. 8-20-21; 102-662, eff. 9-15-21; revised
9		10-12-21.)
10		Section 155. The Illinois Lottery Law is amended by
11		changing Section 21.8 as follows:
12		(20 ILCS 1605/21.8)
13		Sec. 21.8. Quality of Life scratch-off game.
14		(a) The Department shall offer a special instant
15		scratch-off game with the title of "Quality of Life". The game
16		shall commence on July 1, 2007 or as soon thereafter, in the
17		discretion of the Director, as is reasonably practical, and
18		shall be discontinued on December 31, 2025. The operation of
19		the game is governed by this Act and by any rules adopted by
20		the Department. The Department must consult with the Quality
21		of Life Board, which is established under Section 2310-348 of
22		the Department of Public Health Powers and Duties Law of the
23		Civil Administrative Code of Illinois, regarding the design
24		and promotion of the game. If any provision of this Section is

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1		inconsistent with any other provision of this Act, then this
2		Section governs.
3		(b) The Quality of Life Endowment Fund is created as a
4		special fund in the State treasury. The net revenue from the
5		Quality of Life special instant scratch-off game must be
6		deposited into the Fund for appropriation by the General
7		Assembly solely to the Department of Public Health for the
8		purpose of HIV/AIDS-prevention education and for making grants
9		to public or private entities in Illinois for the purpose of
10		funding organizations that serve the highest at-risk
11		categories for contracting HIV or developing AIDS. Grants
12		shall be targeted to serve at-risk populations in proportion
13		to the distribution of recent reported Illinois HIV/AIDS cases
14		among risk groups as reported by the Illinois Department of
15		Public Health. The recipient organizations must be engaged in
16		HIV/AIDS-prevention education and HIV/AIDS healthcare
17		treatment. The Department must, before grants are awarded,
18		provide copies of all grant applications to the Quality of
19		Life Board, receive and review the Board's recommendations and
20		comments, and consult with the Board regarding the grants.
21		Organizational size will determine an organization's
22		competitive slot in the "Request for Proposal" process.
23		Organizations with an annual budget of $300,000 or less will
24		compete with like size organizations for 50% of the Quality of
25		Life annual fund. Organizations with an annual budget of
26		$300,001 to $700,000 will compete with like organizations for

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1		25% of the Quality of Life annual fund, and organizations with
2		an annual budget of $700,001 and upward will compete with like
3		organizations for 25% of the Quality of Life annual fund. The
4		lottery may designate a percentage of proceeds for marketing
5		purposes purpose. The grant funds may not be used for
6		institutional, organizational, or community-based overhead
7		costs, indirect costs, or levies.
8		Grants awarded from the Fund are intended to augment the
9		current and future State funding for the prevention and
10		treatment of HIV/AIDS and are not intended to replace that
11		funding.
12		Moneys received for the purposes of this Section,
13		including, without limitation, net revenue from the special
14		instant scratch-off game and gifts, grants, and awards from
15		any public or private entity, must be deposited into the Fund.
16		Any interest earned on moneys in the Fund must be deposited
17		into the Fund.
18		For purposes of this subsection, "net revenue" means the
19		total amount for which tickets have been sold less the sum of
20		the amount paid out in prizes and the actual administrative
21		expenses of the Department solely related to the Quality of
22		Life game.
23		(c) During the time that tickets are sold for the Quality
24		of Life game, the Department shall not unreasonably diminish
25		the efforts devoted to marketing any other instant scratch-off
26		lottery game.

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1		(d) The Department may adopt any rules necessary to
2		implement and administer the provisions of this Section in
3		consultation with the Quality of Life Board.
4		(Source: P.A. 98-499, eff. 8-16-13; 99-791, eff. 8-12-16;
5		revised 12-2-21.)
6		Section 160. The Department of Healthcare and Family
7		Services Law of the Civil Administrative Code of Illinois is
8		amended by renumbering Section 30 as follows:
9		(20 ILCS 2205/2205-31)
10		Sec. 2205-31 30. Health care telementoring.
11		(a) The Department of Healthcare and Family Services shall
12		designate one or more health care telementoring entities based
13		on an application to be developed by the Department of
14		Healthcare and Family Services. Applicants shall demonstrate a
15		record of expertise and demonstrated success in providing
16		health care telementoring services. Approved applicants from
17		Illinois shall be eligible for State funding in accordance
18		with rules developed by the Department of Healthcare and
19		Family Services. Funding shall be provided based on the number
20		of physicians who are assisted by each approved health care
21		telementoring entity and the hours of assistance provided to
22		each physician.
23		(b) In this Section, "health care telementoring" means a
24		program:

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1		(1) based on interactive video technology that
2		connects groups of community health care providers in
3		urban and rural underserved areas with specialists in
4		regular real-time collaborative sessions;
5		(2) designed around case-based learning and
6		mentorship; and
7		(3) that helps local health care providers gain the
8		expertise required to more effectively provide needed
9		services.
10		"Health care telementoring" includes, but is not limited
11		to, a program provided to improve services in a variety of
12		areas, including, but not limited to, adolescent health,
13		Hepatitis C, complex diabetes, geriatrics, mental illness,
14		opioid use disorders, substance use disorders, maternity care,
15		childhood adversity and trauma, pediatric ADHD, and other
16		priorities identified by the Department of Healthcare and
17		Family Services.
18		(Source: P.A. 102-512, eff. 1-1-22; revised 9-30-21.)
19		Section 165. The Department of Public Health Powers and
20		Duties Law of the Civil Administrative Code of Illinois is
21		amended by changing Section 2310-223 and by setting forth and
22		renumbering multiple versions of Section 2310-431 as follows:
23		(20 ILCS 2310/2310-223)
24		Sec. 2310-223. Maternal care.

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1		(a) The Department shall establish a classification system
2		for the following levels of maternal care:
3		(1) basic care: care of uncomplicated pregnancies with
4		the ability to detect, stabilize, and initiate management
5		of unanticipated maternal-fetal or neonatal problems that
6		occur during the antepartum, intrapartum, or postpartum
7		period until the patient can be transferred to a facility
8		at which specialty maternal care is available;
9		(2) specialty care: basic care plus care of
10		appropriate high-risk antepartum, intrapartum, or
11		postpartum conditions, both directly admitted and
12		transferred to another facility;
13		(3) subspecialty care: specialty care plus care of
14		more complex maternal medical conditions, obstetric
15		complications, and fetal conditions; and
16		(4) regional perinatal health care: subspecialty care
17		plus on-site medical and surgical care of the most complex
18		maternal conditions, critically ill pregnant women, and
19		fetuses throughout antepartum, intrapartum, and postpartum
20		care.
21		(b) The Department shall:
22		(1) introduce uniform designations for levels of
23		maternal care that are complementary complimentary but
24		distinct from levels of neonatal care;
25		(2) establish clear, uniform criteria for designation
26		of maternal centers that are integrated with emergency

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1		response systems to help ensure that the appropriate
2		personnel, physical space, equipment, and technology are
3		available to achieve optimal outcomes, as well as to
4		facilitate subsequent data collection regarding
5		risk-appropriate care;
6		(3) require each health care facility to have a clear
7		understanding of its capability to handle increasingly
8		complex levels of maternal care, and to have a
9		well-defined threshold for transferring women to health
10		care facilities that offer a higher level of care; to
11		ensure optimal care of all pregnant women, the Department
12		shall require all birth centers, hospitals, and
13		higher-level facilities to collaborate in order to develop
14		and maintain maternal and neonatal transport plans and
15		cooperative agreements capable of managing the health care
16		needs of women who develop complications; the Department
17		shall require that receiving hospitals openly accept
18		transfers;
19		(4) require higher-level facilities to provide
20		training for quality improvement initiatives, educational
21		support, and severe morbidity and mortality case review
22		for lower-level hospitals; the Department shall ensure
23		that, in those regions that do not have a facility that
24		qualifies as a regional perinatal health care facility,
25		any specialty care facility in the region will provide the
26		educational and consultation function;

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1		(5) require facilities and regional systems to develop
2		methods to track severe maternal morbidity and mortality
3		to assess the efficacy of utilizing maternal levels of
4		care;
5		(6) analyze data collected from all facilities and
6		regional systems in order to inform future updates to the
7		levels of maternal care;
8		(7) require follow-up interdisciplinary work groups to
9		further explore the implementation needs that are
10		necessary to adopt the proposed classification system for
11		levels of maternal care in all facilities that provide
12		maternal care;
13		(8) disseminate data and materials to raise public
14		awareness about the importance of prenatal care and
15		maternal health;
16		(9) engage the Illinois Chapter of the American
17		Academy of Pediatrics in creating a quality improvement
18		initiative to expand efforts of pediatricians conducting
19		postpartum depression screening at well baby visits during
20		the first year of life; and
21		(10) adopt rules in accordance with the Illinois
22		Administrative Procedure Act to implement this subsection.
23		(Source: P.A. 101-447, eff. 8-23-19; 102-558, eff. 8-20-21;
24		revised 12-1-21.)
25		(20 ILCS 2310/2310-431)

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1		Sec. 2310-431. Healthy Illinois Survey.
2		(a) The General Assembly finds the following:
3		(1) The Coronavirus pandemic that struck in 2020
4		caused more illness and death in Black, Latinx, and other
5		communities with people of color in Illinois.
6		(2) Many rural and other underserved communities in
7		Illinois experienced higher rates of COVID-19 illness and
8		death than higher-resourced communities.
9		(3) The structural racism and underlying health and
10		social disparities in communities of color and other
11		underserved communities that produced these COVID-19
12		disparities also produce disparities in chronic disease,
13		access to care, and social determinants of health, such as
14		overcrowded housing and prevalence of working in low-wage
15		essential jobs.
16		(4) Traditional public health data collected by
17		existing methods is insufficient to help State and local
18		governments, health care partners, and communities
19		understand local health concerns and social factors
20		associated with health. Nor does the data provide adequate
21		information to help identify policies and interventions
22		that address health inequities.
23		(5) Comprehensive, relevant, and current public health
24		data could be used to: identify health concerns for
25		communities across Illinois; understand environmental,
26		neighborhood, and social factors associated with health;

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1		and support the development, implementation, and progress
2		of programs for public health interventions and addressing
3		health inequities.
4		(b) Subject to appropriation, the Department shall
5		administer an annual survey, which shall be named the Healthy
6		Illinois Survey. The Healthy Illinois Survey shall:
7		(1) include interviews of a sample of State residents
8		such that statistically reliable data for every county,
9		zip code groupings within more highly populated counties
10		and cities, suburban Cook County municipalities, and
11		Chicago community areas can be developed, as well as
12		statistically reliable data on racial, ethnic, gender,
13		age, and other demographic groups of State residents
14		important to inform health equity goals;
15		(2) be collected at the zip code level; and
16		(3) include questions on a range of topics designed to
17		establish an initial baseline public health data set and
18		annual updates, including:
19		(A) access to health services;
20		(B) civic engagement;
21		(C) childhood experiences;
22		(D) chronic health conditions;
23		(E) COVID-19;
24		(F) diet;
25		(G) financial security;
26		(H) food security;

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1		(I) mental health;
2		(J) community conditions;
3		(K) physical activity;
4		(L) physical safety;
5		(M) substance abuse; and
6		(N) violence.
7		(c) In developing the Healthy Illinois Survey, the
8		Department shall consult with local public health departments
9		and stakeholders with expertise in health, mental health,
10		nutrition, physical activity, violence prevention, safety,
11		tobacco and drug use, and emergency preparedness with the goal
12		of developing a comprehensive survey that will assist the
13		State and other partners in developing the data to measure
14		public health and health equity.
15		(d) The Department shall provide the results of the
16		Healthy Illinois Survey in forms useful to cities,
17		communities, local health departments, hospitals, and other
18		potential users, including annually publishing on its website
19		data at the most granular geographic and demographic levels
20		possible while protecting identifying information. The
21		Department shall produce periodic special reports and analyses
22		relevant to ongoing and emerging health and social issues in
23		communities and the State. The Department shall use this data
24		to inform the development and monitoring of its State Health
25		Assessment. The Department shall provide the full relevant
26		jurisdictional data set to local health departments for their

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1		local use and analysis each year.
2		(e) The identity, or any group of facts that tends to lead
3		to the identity, of any person whose condition or treatment is
4		submitted to the Healthy Illinois Survey is confidential and
5		shall not be open to public inspection or dissemination and is
6		exempt from disclosure under Section 7 of the Freedom of
7		Information Act. Information for specific research purposes
8		may be released in accordance with procedures established by
9		the Department.
10		(Source: P.A. 102-483, eff. 1-1-22.)
11		(20 ILCS 2310/2310-432)
12		Sec. 2310-432 2310-431. Medical examiner offices; medical
13		facilities. The Department shall ensure that medical examiner
14		offices are included as part of medical facilities for the
15		purposes of complying with and implementing Sections 212(e)
16		and 214(l) of the federal Immigration and Nationality Act (8
17		U.S.C. 1182(e) and 8 U.S.C. 1184(l)) and 22 CFR 62 regarding
18		the federal Exchange Visitor Program.
19		(Source: P.A. 102-488, eff. 1-1-22; revised 11-3-21.)
20		Section 170. The Illinois State Police Law of the Civil
21		Administrative Code of Illinois is amended by changing
22		Sections 2605-35, 2605-40, 2605-50, 2605-410, and 2605-605 and
23		by setting forth, renumbering, and changing multiple versions
24		of Section 2601-51 as follows:

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1		(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
2		Sec. 2605-35. Division of Criminal Investigation.
3		(a) The Division of Criminal Investigation shall exercise
4		the following functions and those in Section 2605-30:
5		(1) Exercise the rights, powers, and duties vested by
6		law in the Illinois State Police by the Illinois Horse
7		Racing Act of 1975, including those set forth in Section
8		2605-215.
9		(2) Investigate the origins, activities, personnel,
10		and incidents of crime and enforce the criminal laws of
11		this State related thereto.
12		(3) Enforce all laws regulating the production, sale,
13		prescribing, manufacturing, administering, transporting,
14		having in possession, dispensing, delivering,
15		distributing, or use of controlled substances and
16		cannabis.
17		(4) Cooperate with the police of cities, villages, and
18		incorporated towns and with the police officers of any
19		county in enforcing the laws of the State and in making
20		arrests and recovering property.
21		(5) Apprehend and deliver up any person charged in
22		this State or any other state with treason or a felony or
23		other crime who has fled from justice and is found in this
24		State.
25		(6) Investigate recipients and providers under the

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1		Illinois Public Aid Code and any personnel involved in the
2		administration of the Code who are suspected of any
3		violation of the Code pertaining to fraud in the
4		administration, receipt, or provision of assistance and
5		pertaining to any violation of criminal law; and exercise
6		the functions required under Section 2605-220 in the
7		conduct of those investigations.
8		(7) Conduct other investigations as provided by law.
9		(8) Investigate public corruption..
10		(9) Exercise other duties that may be assigned by the
11		Director in order to fulfill the responsibilities and
12		achieve the purposes of the Illinois State Police, which
13		may include the coordination of gang, terrorist, and
14		organized crime prevention, control activities, and
15		assisting local law enforcement in their crime control
16		activities.
17		(b) (Blank).
18		(Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)
19		(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
20		Sec. 2605-40. Division of Forensic Services. The Division
21		of Forensic Services shall exercise the following functions:
22		(1) Provide crime scene services and traffic crash
23		reconstruction..
24		(2) Exercise the rights, powers, and duties vested by
25		law in the Illinois State Police by Section 2605-300 of

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1		this Law.
2		(3) Provide assistance to local law enforcement
3		agencies through training, management, and consultant
4		services.
5		(4) (Blank).
6		(5) Exercise other duties that may be assigned by the
7		Director in order to fulfill the responsibilities and
8		achieve the purposes of the Illinois State Police.
9		(6) Establish and operate a forensic science
10		laboratory system, including a forensic toxicological
11		laboratory service, for the purpose of testing specimens
12		submitted by coroners and other law enforcement officers
13		in their efforts to determine whether alcohol, drugs, or
14		poisonous or other toxic substances have been involved in
15		deaths, accidents, or illness. Forensic toxicological
16		laboratories shall be established in Springfield, Chicago,
17		and elsewhere in the State as needed.
18		(6.5) Establish administrative rules in order to set
19		forth standardized requirements for the disclosure of
20		toxicology results and other relevant documents related to
21		a toxicological analysis. These administrative rules are
22		to be adopted to produce uniform and sufficient
23		information to allow a proper, well-informed determination
24		of the admissibility of toxicology evidence and to ensure
25		that this evidence is presented competently. These
26		administrative rules are designed to provide a minimum

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1		standard for compliance of toxicology evidence and are not
2		intended to limit the production and discovery of material
3		information.
4		(7) Subject to specific appropriations made for these
5		purposes, establish and coordinate a system for providing
6		accurate and expedited forensic science and other
7		investigative and laboratory services to local law
8		enforcement agencies and local State's Attorneys in aid of
9		the investigation and trial of capital cases.
10		(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21;
11		revised 12-2-21.)
12		(20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
13		Sec. 2605-50. Division of Internal Investigation. The
14		Division of Internal Investigation shall have jurisdiction and
15		initiate internal Illinois State Police investigations and, at
16		the direction of the Governor, investigate complaints and
17		initiate investigations of official misconduct by State
18		officers and all State employees. Notwithstanding any other
19		provisions of law, the Division shall serve as the
20		investigative body for the Illinois State Police for purposes
21		of compliance with the provisions of Sections 12.6 and 12.7 of
22		the Illinois State Police this Act.
23		(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
24		revised 10-4-21.)

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1		(20 ILCS 2605/2605-51)
2		Sec. 2605-51. Division of the Academy and Training.
3		(a) The Division of the Academy and Training shall
4		exercise, but not be limited to, the following functions:
5		(1) Oversee and operate the Illinois State Police
6		Training Academy.
7		(2) Train and prepare new officers for a career in law
8		enforcement, with innovative, quality training and
9		educational practices.
10		(3) Offer continuing training and educational programs
11		for Illinois State Police employees.
12		(4) Oversee the Illinois State Police's recruitment
13		initiatives.
14		(5) Oversee and operate the Illinois State Police's
15		quartermaster.
16		(6) Duties assigned to the Illinois State Police in
17		Article 5, Chapter 11 of the Illinois Vehicle Code
18		concerning testing and training officers on the detection
19		of impaired driving.
20		(7) Duties assigned to the Illinois State Police in
21		Article 108B of the Code of Criminal Procedure.
22		(b) The Division of the Academy and Training shall
23		exercise the rights, powers, and duties vested in the former
24		Division of State Troopers by Section 17 of the Illinois State
25		Police Act.
26		(c) Specialized training.

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1		(1) Training; cultural diversity. The Division of the
2		Academy and Training shall provide training and continuing
3		education to State police officers concerning cultural
4		diversity, including sensitivity toward racial and ethnic
5		differences. This training and continuing education shall
6		include, but not be limited to, an emphasis on the fact
7		that the primary purpose of enforcement of the Illinois
8		Vehicle Code is safety and equal and uniform enforcement
9		under the law.
10		(2) Training; death and homicide investigations. The
11		Division of the Academy and Training shall provide
12		training in death and homicide investigation for State
13		police officers. Only State police officers who
14		successfully complete the training may be assigned as lead
15		investigators in death and homicide investigations.
16		Satisfactory completion of the training shall be evidenced
17		by a certificate issued to the officer by the Division of
18		the Academy and Training. The Director shall develop a
19		process for waiver applications for officers whose prior
20		training and experience as homicide investigators may
21		qualify them for a waiver. The Director may issue a
22		waiver, at his or her discretion, based solely on the
23		prior training and experience of an officer as a homicide
24		investigator.
25		(3) Training; police dog training standards. All
26		police dogs used by the Illinois State Police for drug

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1		enforcement purposes pursuant to the Cannabis Control Act,
2		the Illinois Controlled Substances Act, and the
3		Methamphetamine Control and Community Protection Act shall
4		be trained by programs that meet the certification
5		requirements set by the Director or the Director's
6		designee. Satisfactory completion of the training shall be
7		evidenced by a certificate issued by the Division of the
8		Academy and Training.
9		(4) Training; post-traumatic stress disorder. The
10		Division of the Academy and Training shall conduct or
11		approve a training program in post-traumatic stress
12		disorder for State police officers. The purpose of that
13		training shall be to equip State police officers to
14		identify the symptoms of post-traumatic stress disorder
15		and to respond appropriately to individuals exhibiting
16		those symptoms.
17		(5) Training; opioid antagonists. The Division of the
18		Academy and Training shall conduct or approve a training
19		program for State police officers in the administration of
20		opioid antagonists as defined in paragraph (1) of
21		subsection (e) of Section 5-23 of the Substance Use
22		Disorder Act that is in accordance with that Section. As
23		used in this Section, "State police officers" includes
24		full-time or part-time State police officers,
25		investigators, and any other employee of the Illinois
26		State Police exercising the powers of a peace officer.

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1		(6) Training; sexual assault and sexual abuse.
2		(A) Every 3 years, the Division of the Academy and
3		Training shall present in-service training on sexual
4		assault and sexual abuse response and report writing
5		training requirements, including, but not limited to,
6		the following:
7		(i) recognizing the symptoms of trauma;
8		(ii) understanding the role trauma has played
9		in a victim's life;
10		(iii) responding to the needs and concerns of
11		a victim;
12		(iv) delivering services in a compassionate,
13		sensitive, and nonjudgmental manner;
14		(v) interviewing techniques in accordance with
15		the curriculum standards in this paragraph (6);
16		(vi) understanding cultural perceptions and
17		common myths of sexual assault and sexual abuse;
18		and
19		(vii) report writing techniques in accordance
20		with the curriculum standards in this paragraph
21		(6).
22		(B) This training must also be presented in all
23		full and part-time basic law enforcement academies.
24		(C) Instructors providing this training shall have
25		successfully completed training on evidence-based,
26		trauma-informed, victim-centered responses to cases of

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1		sexual assault and sexual abuse and have experience
2		responding to sexual assault and sexual abuse cases.
3		(D) The Illinois State Police shall adopt rules,
4		in consultation with the Office of the Attorney
5		General and the Illinois Law Enforcement Training
6		Standards Board, to determine the specific training
7		requirements for these courses, including, but not
8		limited to, the following:
9		(i) evidence-based curriculum standards for
10		report writing and immediate response to sexual
11		assault and sexual abuse, including
12		trauma-informed, victim-centered interview
13		techniques, which have been demonstrated to
14		minimize retraumatization, for all State police
15		officers; and
16		(ii) evidence-based curriculum standards for
17		trauma-informed, victim-centered investigation
18		and interviewing techniques, which have been
19		demonstrated to minimize retraumatization, for
20		cases of sexual assault and sexual abuse for all
21		State police officers who conduct sexual assault
22		and sexual abuse investigations.
23		(7) Training; human trafficking. The Division of the
24		Academy and Training shall conduct or approve a training
25		program in the detection and investigation of all forms of
26		human trafficking, including, but not limited to,

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1		involuntary servitude under subsection (b) of Section 10-9
2		of the Criminal Code of 2012, involuntary sexual servitude
3		of a minor under subsection (c) of Section 10-9 of the
4		Criminal Code of 2012, and trafficking in persons under
5		subsection (d) of Section 10-9 of the Criminal Code of
6		2012. This program shall be made available to all cadets
7		and State police officers.
8		(8) Training; hate crimes. The Division of the Academy
9		and Training shall provide training for State police
10		officers in identifying, responding to, and reporting all
11		hate crimes.
12		(Source: P.A. 102-538, eff. 8-20-21.)
13		(20 ILCS 2605/2605-51.1)
14		(This Section may contain text from a Public Act with a
15		delayed effective date)
16		(Section scheduled to be repealed on June 1, 2026)
17		Sec. 2605-51.1 2605-51. Commission on Implementing the
18		Firearms Restraining Order Act.
19		(a) There is created the Commission on Implementing the
20		Firearms Restraining Order Act composed of at least 12 members
21		to advise on the strategies of education and implementation of
22		the Firearms Restraining Order Act. The Commission shall be
23		appointed by the Director of the Illinois State Police or his
24		or her designee and shall include a liaison or representative
25		nominated from the following:

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1		(1) the Office of the Attorney General, appointed by
2		the Attorney General;
3		(2) the Director of the Illinois State Police or his
4		or her designee;
5		(3) at least 3 State's Attorneys, nominated by the
6		Director of the Office of the State's Attorneys Appellate
7		Prosecutor;
8		(4) at least 2 municipal police department
9		representatives, nominated by the Illinois Association of
10		Chiefs of Police;
11		(5) an Illinois sheriff, nominated by the Illinois
12		Sheriffs' Association;
13		(6) the Director of Public Health or his or her
14		designee;
15		(7) the Illinois Law Enforcement Training Standards
16		Board, nominated by the Executive Director of the Board;
17		(8) a representative from a public defender's office,
18		nominated by the State Appellate Defender;
19		(9) a circuit court judge, nominated by the Chief
20		Justice of the Supreme Court;
21		(10) a prosecutor with experience managing or
22		directing a program in another state where the
23		implementation of that state's extreme risk protection
24		order law has achieved high rates of petition filings
25		nominated by the National District Attorneys Association;
26		and

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1		(11) an expert from law enforcement who has experience
2		managing or directing a program in another state where the
3		implementation of that state's extreme risk protection
4		order law has achieved high rates of petition filings
5		nominated by the Director of the Illinois State Police.
6		(b) The Commission shall be chaired by the Director of the
7		Illinois State Police or his or her designee. The Commission
8		shall meet, either virtually or in person, to discuss the
9		implementation of the Firearms Restraining Order Act as
10		determined by the Commission while the strategies are being
11		established.
12		(c) The members of the Commission shall serve without
13		compensation and shall serve 3-year terms.
14		(d) An annual report shall be submitted to the General
15		Assembly by the Commission that may include summary
16		information about firearms restraining order use by county,
17		challenges to Firearms Restraining Order Act implementation,
18		and recommendations for increasing and improving
19		implementation.
20		(e) The Commission shall develop a model policy with an
21		overall framework for the timely relinquishment of firearms
22		whenever a firearms restraining order is issued. The model
23		policy shall be finalized within the first 4 months of
24		convening. In formulating the model policy, the Commission
25		shall consult counties in Illinois and other states with
26		extreme risk protection order laws which have achieved a high

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1		rate of petition filings. Once approved, the Illinois State
2		Police shall work with their local law enforcement agencies
3		within their county to design a comprehensive strategy for the
4		timely relinquishment of firearms, using the model policy as
5		an overall framework. Each individual agency may make small
6		modifications as needed to the model policy and must approve
7		and adopt a policy that aligns with the model policy. The
8		Illinois State Police shall convene local police chiefs and
9		sheriffs within their county as needed to discuss the
10		relinquishment of firearms.
11		(f) The Commission shall be dissolved June 1, 2025 (3
12		years after the effective date of Public Act 102-345) this
13		amendatory Act of the 102nd General Assembly.
14		(g) This Section is repealed June 1, 2026 (4 years after
15		the effective date of Public Act 102-345) this amendatory Act
16		of the 102nd General Assembly.
17		(Source: P.A. 102-345, eff. 6-1-22; revised 11-3-21.)
18		(20 ILCS 2605/2605-410)
19		(Section scheduled to be repealed on January 1, 2023)
20		Sec. 2605-410. Over Dimensional Load Police Escort Fund.
21		To charge, collect, and receive fees or moneys as described in
22		Section 15-312 of the Illinois Vehicle Code. All fees received
23		by the Illinois State Police under Section 15-312 of the
24		Illinois Vehicle Code shall be deposited into the Over
25		Dimensional Load Police Escort Fund, a special fund that is

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1		created in the State treasury. Subject to appropriation, the
2		money in the Over Dimensional Load Police Escort Fund shall be
3		used by the Illinois State Police for its expenses in
4		providing police escorts and commercial vehicle enforcement
5		activities. This Fund is dissolved upon the transfer of the
6		remaining balance from the Over Dimensional Load Police Escort
7		Fund to the State Police Operations Assistance Fund as
8		provided under subsection (a-5) of Section 6z-82 of the State
9		Finance Act. This Section is repealed on January 1, 2023.
10		(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
11		revised 10-4-21.)
12		(20 ILCS 2605/2605-605)
13		Sec. 2605-605. Violent Crime Intelligence Task Force. The
14		Director of the Illinois State Police shall establish a
15		statewide multi-jurisdictional Violent Crime Intelligence Task
16		Force led by the Illinois State Police dedicated to combating
17		gun violence, gun-trafficking, and other violent crime with
18		the primary mission of preservation of life and reducing the
19		occurrence and the fear of crime. The objectives of the Task
20		Force shall include, but not be limited to, reducing and
21		preventing illegal possession and use of firearms,
22		firearm-related homicides, and other violent crimes, and
23		solving firearm-related crimes.
24		(1) The Task Force may develop and acquire information,
25		training, tools, and resources necessary to implement a

HB5501 Engrossed - 246 - LRB102 24698 AMC 33937 b
1		data-driven approach to policing, with an emphasis on
2		intelligence development.
3		(2) The Task Force may utilize information sharing,
4		partnerships, crime analysis, and evidence-based practices to
5		assist in the reduction of firearm-related shootings,
6		homicides, and gun-trafficking, including, but not limited to,
7		ballistic data, eTrace data, DNA evidence, latent
8		fingerprints, firearm training data, and National Integrated
9		Ballistic Information Network (NIBIN) data. The Task Force may
10		design a model crime gun intelligence strategy which may
11		include, but is not limited to, comprehensive collection and
12		documentation of all ballistic evidence, timely transfer of
13		NIBIN and eTrace leads to an intelligence center, which may
14		include the Division of Criminal Investigation of the Illinois
15		State Police, timely dissemination of intelligence to
16		investigators, investigative follow-up, and coordinated
17		prosecution.
18		(3) The Task Force may recognize and utilize best
19		practices of community policing and may develop potential
20		partnerships with faith-based and community organizations to
21		achieve its goals.
22		(4) The Task Force may identify and utilize best practices
23		in drug-diversion programs and other community-based services
24		to redirect low-level offenders.
25		(5) The Task Force may assist in violence suppression
26		strategies including, but not limited to, details in

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1		identified locations that have shown to be the most prone to
2		gun violence and violent crime, focused deterrence against
3		violent gangs and groups considered responsible for the
4		violence in communities, and other intelligence driven methods
5		deemed necessary to interrupt cycles of violence or prevent
6		retaliation.
7		(6) In consultation with the Chief Procurement Officer,
8		the Illinois State Police may obtain contracts for software,
9		commodities, resources, and equipment to assist the Task Force
10		with achieving this Act. Any contracts necessary to support
11		the delivery of necessary software, commodities, resources,
12		and equipment are not subject to the Illinois Procurement
13		Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
14		Article 50 of that Code, provided that the Chief Procurement
15		Officer may, in writing with justification, waive any
16		certification required under Article 50 of the Illinois
17		Procurement Code.
18		(7) The Task Force shall conduct enforcement operations
19		against persons whose Firearm Owner's Identification Cards
20		have been revoked or suspended and persons who fail to comply
21		with the requirements of Section 9.5 of the Firearm Owners
22		Identification Card Act, prioritizing individuals presenting a
23		clear and present danger to themselves or to others under
24		paragraph (2) of subsection (d) of Section 8.1 of the Firearm
25		Owners Identification Card Act.
26		(8) The Task Force shall collaborate with local law

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1		enforcement agencies to enforce provisions of the Firearm
2		Owners Identification Card Act, the Firearm Concealed Carry
3		Act, the Firearm Dealer License Certification Act, and Article
4		24 of the Criminal Code of 2012.
5		(9) To implement this Section, the Director of the
6		Illinois State Police may establish intergovernmental
7		agreements with law enforcement agencies in accordance with
8		the Intergovernmental Cooperation Act.
9		(10) Law enforcement agencies that participate in
10		activities described in paragraphs (7) through (9) may apply
11		to the Illinois State Police for grants from the State Police
12		Revocation Enforcement Fund.
13		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
14		revised 10-4-21.)
15		Section 175. The Illinois State Police Act is amended by
16		changing Sections 3, 8, 9, 12.6, 12.7, 14, and 46 as follows:
17		(20 ILCS 2610/3) (from Ch. 121, par. 307.3)
18		Sec. 3. The Governor shall appoint, by and with the advice
19		and consent of the Senate, an Illinois State Police Merit
20		Board, hereinafter called the Board, consisting of 7 members
21		to hold office. The Governor shall appoint new board members
22		within 30 days for the vacancies created under Public Act
23		101-652 this amendatory Act. Board members shall be appointed
24		to four-year terms. No member shall be appointed to more than 2

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1		terms. In making the appointments, the Governor shall make a
2		good faith effort to appoint members reflecting the
3		geographic, ethnic ethic, and cultural diversity of this
4		State. In making the appointments, the Governor should also
5		consider appointing: persons with professional backgrounds,
6		possessing legal, management, personnel, or labor experience;
7		at least one member with at least 10 years of experience as a
8		licensed physician or clinical psychologist with expertise in
9		mental health; and at least one member affiliated with an
10		organization committed commitment to social and economic
11		rights and to eliminating discrimination.. No more than 4
12		members of the Board shall be affiliated with the same
13		political party. If the Senate is not in session at the time
14		initial appointments are made pursuant to this Section
15		section, the Governor shall make temporary appointments as in
16		the case of a vacancy. In order to avoid actual conflicts of
17		interest, or the appearance of conflicts of interest, no board
18		member shall be a retired or former employee of the Illinois
19		State Police. When a Board member may have an actual,
20		perceived, or potential conflict of interest that could
21		prevent the Board member from making a fair and impartial
22		decision on a complaint or formal complaint against an
23		Illinois State Police officer, the Board member shall recuse
24		himself or herself; or, if If the Board member fails to recuse
25		himself or herself, then the Board may, by a simple majority,
26		vote to recuse the Board member.

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1		(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
2		revised 11-22-21.)
3		(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
4		Sec. 8. Board jurisdiction.
5		(a) The Board shall exercise jurisdiction over the
6		certification for appointment and promotion, and over the
7		discipline, removal, demotion, and suspension of Illinois
8		State Police officers. The Board and the Illinois State Police
9		should also ensure Illinois State Police cadets and officers
10		represent the utmost integrity and professionalism and
11		represent the geographic, ethnic, and cultural diversity of
12		this State. The Board shall also exercise jurisdiction to
13		certify and terminate Illinois State Police officers Officers
14		in compliance with certification standards consistent with
15		Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
16		merit principles of public employment, the Board shall
17		formulate, adopt, and put into effect rules, regulations, and
18		procedures for its operation and the transaction of its
19		business. The Board shall establish a classification of ranks
20		of persons subject to its jurisdiction and shall set standards
21		and qualifications for each rank. Each Illinois State Police
22		officer appointed by the Director shall be classified as a
23		State Police officer as follows: trooper, sergeant, master
24		sergeant, lieutenant, captain, major, or Special Agent.
25		(b) The Board shall publish all standards and

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1		qualifications for each rank, including Cadet, on its website.
2		This shall include, but not be limited to, all physical
3		fitness, medical, visual, and hearing standards. The Illinois
4		State Police shall cooperate with the Board by providing any
5		necessary information to complete this requirement.
6		(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
7		revised 10-4-21.)
8		(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
9		Sec. 9. Appointment; qualifications.
10		(a) Except as otherwise provided in this Section, the
11		appointment of Illinois State Police officers shall be made
12		from those applicants who have been certified by the Board as
13		being qualified for appointment. All persons so appointed
14		shall, at the time of their appointment, be not less than 21
15		years of age, or 20 years of age and have successfully
16		completed an associate's degree or 60 credit hours at an
17		accredited college or university. Any person appointed
18		subsequent to successful completion of an associate's degree
19		or 60 credit hours at an accredited college or university
20		shall not have power of arrest, nor shall he or she be
21		permitted to carry firearms, until he or she reaches 21 years
22		of age. In addition, all persons so certified for appointment
23		shall be of sound mind and body, be of good moral character, be
24		citizens of the United States, have no criminal records,
25		possess such prerequisites of training, education, and

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1		experience as the Board may from time to time prescribe so long
2		as persons who have an associate's degree or 60 credit hours at
3		an accredited college or university are not disqualified, and
4		shall be required to pass successfully such mental and
5		physical tests and examinations as may be prescribed by the
6		Board. All persons who meet one of the following requirements
7		are deemed to have met the collegiate educational
8		requirements:
9		(i) have been honorably discharged and who have been
10		awarded a Southwest Asia Service Medal, Kosovo Campaign
11		Medal, Korean Defense Service Medal, Afghanistan Campaign
12		Medal, Iraq Campaign Medal, or Global War on Terrorism
13		Expeditionary Medal by the United States Armed Forces;
14		(ii) are active members of the Illinois National Guard
15		or a reserve component of the United States Armed Forces
16		and who have been awarded a Southwest Asia Service Medal,
17		Kosovo Campaign Medal, Korean Defense Service Medal,
18		Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
19		War on Terrorism Expeditionary Medal as a result of
20		honorable service during deployment on active duty;
21		(iii) have been honorably discharged who served in a
22		combat mission by proof of hostile fire pay or imminent
23		danger pay during deployment on active duty; or
24		(iv) have at least 3 years of full active and
25		continuous military duty and received an honorable
26		discharge before hiring.

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1		Preference shall be given in such appointments to persons
2		who have honorably served in the military or naval services of
3		the United States. All appointees shall serve a probationary
4		period of 12 months from the date of appointment and during
5		that period may be discharged at the will of the Director.
6		However, the Director may in his or her sole discretion extend
7		the probationary period of an officer up to an additional 6
8		months when to do so is deemed in the best interest of the
9		Illinois State Police. Nothing in this subsection (a) limits
10		the Board's ability to prescribe education prerequisites or
11		requirements to certify Illinois State Police officers for
12		promotion as provided in Section 10 of this Act.
13		(b) Notwithstanding the other provisions of this Act,
14		after July 1, 1977 and before July 1, 1980, the Director of
15		State Police may appoint and promote not more than 20 persons
16		having special qualifications as special agents as he or she
17		deems necessary to carry out the Department's objectives. Any
18		such appointment or promotion shall be ratified by the Board.
19		(c) During the 90 days following March 31, 1995 (the
20		effective date of Public Act 89-9) this amendatory Act of
21		1995, the Director of State Police may appoint up to 25 persons
22		as State Police officers. These appointments shall be made in
23		accordance with the requirements of this subsection (c) and
24		any additional criteria that may be established by the
25		Director, but are not subject to any other requirements of
26		this Act. The Director may specify the initial rank for each

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1		person appointed under this subsection.
2		All appointments under this subsection (c) shall be made
3		from personnel certified by the Board. A person certified by
4		the Board and appointed by the Director under this subsection
5		must have been employed by the Illinois Commerce Commission on
6		November 30, 1994 in a job title subject to the Personnel Code
7		and in a position for which the person was eligible to earn
8		"eligible creditable service" as a "noncovered employee", as
9		those terms are defined in Article 14 of the Illinois Pension
10		Code.
11		Persons appointed under this subsection (c) shall
12		thereafter be subject to the same requirements and procedures
13		as other State police officers. A person appointed under this
14		subsection must serve a probationary period of 12 months from
15		the date of appointment, during which he or she may be
16		discharged at the will of the Director.
17		This subsection (c) does not affect or limit the
18		Director's authority to appoint other State Police officers
19		under subsection (a) of this Section.
20		(d) During the 180 days following January 1, 2022 (the
21		effective date of Public Act 101-652) this amendatory Act of
22		the 101st General Assembly, the Director of the Illinois State
23		Police may appoint current Illinois State Police employees
24		Employees serving in law enforcement officer positions
25		previously within Central Management Services as State Police
26		officers Officers. These appointments shall be made in

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1		accordance with the requirements of this subsection (d) and
2		any institutional criteria that may be established by the
3		Director, but are not subject to any other requirements of
4		this Act. All appointments under this subsection (d) shall be
5		made from personnel certified by the Board. A person certified
6		by the Board and appointed by the Director under this
7		subsection must have been employed by the a State state
8		agency, board, or commission on January 1, 2021, in a job title
9		subject to the Personnel Code and in a position for which the
10		person was eligible to earn "eligible creditable service" as a
11		"noncovered employee", as those terms are defined in Article
12		14 of the Illinois Pension Code. Persons appointed under this
13		subsection (d) shall thereafter be subject to the same
14		requirements, and subject to the same contractual benefits and
15		obligations, as other State police officers. This subsection
16		(d) does not affect or limit the Director's authority to
17		appoint other State Police officers under subsection (a) of
18		this Section.
19		(e) The Merit Board shall review Illinois State Police
20		Cadet applicants. The Illinois State Police may provide
21		background check and investigation material to the Board for
22		its their review 10 pursuant to this Section section. The
23		Board shall approve and ensure that no cadet applicant is
24		certified unless the applicant is a person of good character
25		and has not been convicted of, or entered a plea of guilty to,
26		a felony offense, any of the misdemeanors specified in this

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1		Section or if committed in any other state would be an offense
2		similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1,
3		11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5, 16-1, 17-1,
4		17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
5		violation of any Section section of Part E of Title III of the
6		Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or
7		32-7 of the Criminal Code of 1961 or the Criminal Code of 2012,
8		or subsection (a) of Section 17-32 of the Criminal Code of 1961
9		or the Criminal Code of 2012, to Section 5 or 5.2 of the
10		Cannabis Control Act, or any felony or misdemeanor in
11		violation of federal law or the law of any state that is the
12		equivalent of any of the offenses specified therein. The
13		Officer Professional Conduct Misconduct Database, provided for
14		in Section 9.2 of the Illinois Police Training Act, shall be
15		searched as part of this process. For purposes of this
16		Section, "convicted of, or entered a plea of guilty"
17		regardless of whether the adjudication of guilt or sentence is
18		withheld or not entered thereon. This includes sentences of
19		supervision, conditional discharge, or first offender
20		probation, or any similar disposition provided for by law.
21		(f) The Board shall by rule establish an application fee
22		waiver program for any person who meets one or more of the
23		following criteria:
24		(1) his or her available personal income is 200% or
25		less of the current poverty level; or
26		(2) he or she is, in the discretion of the Board,

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1		unable to proceed in an action with payment of application
2		fee and payment of that fee would result in substantial
3		hardship to the person or the person's family.
4		(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;
5		102-538, eff 8-20-21; revised 11-22-21.)
6		(20 ILCS 2610/12.6)
7		Sec. 12.6. Automatic termination of Illinois State Police
8		officers. The Board shall terminate a State state police
9		officer convicted of a felony offense under the laws of this
10		State or any other state which if committed in this State would
11		be punishable as a felony. The Board must also terminate
12		Illinois State Police officers who were convicted of, or
13		entered a plea of guilty to, on or after the effective date of
14		this amendatory Act of the 101st General Assembly, any
15		misdemeanor specified in this Section or if committed in any
16		other state would be an offense similar to Section 11-1.50,
17		11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,
18		12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
19		28-3, 29-1, any misdemeanor in violation of any Section
20		section of Part E of Title III of the Criminal Code of 1961 or
21		the Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code
22		of 1961 or the Criminal Code of 2012, or subsection (a) of
23		Section 17-32 of the Criminal Code of 1961 or the Criminal Code
24		of 2012, to Section 5 or 5.2 of the Cannabis Control Act, or
25		any felony or misdemeanor in violation of federal law or the

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1		law of any state that is the equivalent of any of the offenses
2		specified therein. The Illinois State Police Merit Board shall
3		report terminations under this Section to the Officer
4		Professional Conduct Misconduct Database, provided in Section
5		9.2 of the Illinois Police Training Act. For purposes of this
6		Section, section "convicted of, or entered a plea of guilty"
7		regardless of whether the adjudication of guilt or sentence is
8		withheld or not entered thereon. This includes sentences of
9		supervision, conditional discharge, or first offender
10		probation, or any similar disposition provided for by law.
11		(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
12		(20 ILCS 2610/12.7)
13		Sec. 12.7. Discretionary termination of Illinois State
14		Police officers.
15		(a) Definitions. For purposes of this Section 12.7 6.3:
16		"Duty to intervene" means an obligation to intervene to
17		prevent harm from occurring that arises when an officer is
18		present and has reason to know:
19		(1) that excessive force is being used; or
20		(2) that any constitutional violation has been
21		committed by a law enforcement official; and the officer
22		has a realistic opportunity to intervene.
23		This duty applies equally to supervisory and
24		nonsupervisory officers. If aid is required, the officer
25		shall not, when reasonable to administer aid, knowingly

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1		and willingly refuse to render aid as defined by State or
2		federal law. An officer does not violate this duty if the
3		failure to render aid is due to circumstances such as lack
4		of appropriate specialized training, lack of resources or
5		equipment, or both, or if it is unsafe or impracticable to
6		render aid.
7		"Excessive use of force" means using force in violation of
8		State or federal law.
9		"False statement" means:
10		(1) any knowingly false statement provided on a form
11		or report;
12		(2) that the writer does not believe to be true; and
13		(3) that the writer includes to mislead a public
14		servant in performing that public servant's official
15		functions.
16		"Perjury" has the meaning as defined under Sections 32-2
17		and 32-3 of the Criminal Code of 2012.
18		"Tampers with or fabricates evidence" means if a law
19		enforcement officer:
20		(1) has reason to believe that an official proceeding
21		is pending or may be instituted; and
22		(2) alters, destroys, conceals, or removes any record,
23		document, data, video or thing to impair its validity or
24		availability in the proceeding.
25		(b) Discretionary termination conduct. The Board may
26		terminate an Illinois State Police officer upon a

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1		determination by the Board that the Illinois State Police
2		officer has:
3		(1) committed an act that would constitute a felony or
4		misdemeanor which could serve as basis for automatic
5		decertification, whether or not the law enforcement
6		officer was criminally prosecuted, and whether or not the
7		law enforcement officer's employment was terminated;
8		(2) exercised excessive use of force;
9		(3) failed to comply with the officer's duty to
10		intervene, including through acts or omission;
11		(4) tampered with a dash camera or body-worn camera or
12		data recorded by a dash camera or body-worn camera or
13		directed another to tamper with or turn off a dash camera
14		or body-worn camera or data recorded by a dash camera or
15		body-worn camera for the purpose of concealing, destroying
16		or altering potential evidence;
17		(5) engaged in the following conduct relating to the
18		reporting, investigation, or prosecution of a crime:
19		committed perjury, made a false statement, or knowingly
20		tampered with or fabricated evidence;
21		(6) engaged in any unprofessional, unethical,
22		deceptive, or deleterious conduct or practice harmful to
23		the public; such conduct or practice need not have
24		resulted in actual injury to any person. As used in this
25		paragraph, the term "unprofessional conduct" shall include
26		any departure from, or failure to conform to, the minimal

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1		standards of acceptable and prevailing practice of an
2		officer.
3		(c) (b) If an officer enters a plea of guilty, nolo
4		contendere, stipulates to the facts or is found guilty of a
5		violation of any law, or if there is any other Board or
6		judicial determination that will support any punitive measure
7		taken against the officer, such action by the officer or
8		judicial entity may be considered for the purposes of this
9		Section. Termination under this Section shall be by clear and
10		convincing evidence. If the Board votes to terminate, the
11		Board shall put its decision in writing, setting forth the
12		specific reasons for its decision. Final decisions under this
13		Section are reviewable under the Administrative Review Law.
14		(d) (c) The Illinois State Police Merit Board shall report
15		all terminations under this Section to the Officer
16		Professional Conduct Misconduct Database, provided in Section
17		9.2 of the Illinois Police Training Act.
18		(e) (d) Nothing in this Act shall require an Illinois
19		State Police officer to waive any applicable constitutional
20		rights.
21		(f) (e) Nothing in this Section shall prohibit the Merit
22		Board from administering discipline up to and including
23		termination for violations of Illinois State Police policies
24		and procedures pursuant to other Sections sections of this
25		Act.
26		(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)

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1		(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
2		Sec. 14. Except as is otherwise provided in this Act, no
3		Illinois State Police officer shall be removed, demoted, or
4		suspended except for cause, upon written charges filed with
5		the Board by the Director and a hearing before the Board
6		thereon upon not less than 10 days' notice at a place to be
7		designated by the chairman thereof. At such hearing, the
8		accused shall be afforded full opportunity to be heard in his
9		or her own defense and to produce proof in his or her defense.
10		It shall not be a requirement of a person filing a complaint
11		against a State Police officer Officer to have a complaint
12		supported by a sworn affidavit or any other legal
13		documentation. This ban on an affidavit requirement shall
14		apply to any collective bargaining agreements entered after
15		the effective date of this provision.
16		Before any such officer may be interrogated or examined by
17		or before the Board, or by an Illinois State Police agent or
18		investigator specifically assigned to conduct an internal
19		investigation, the results of which hearing, interrogation, or
20		examination may be the basis for filing charges seeking his or
21		her suspension for more than 15 days or his or her removal or
22		discharge, he or she shall be advised in writing as to what
23		specific improper or illegal act he or she is alleged to have
24		committed; he or she shall be advised in writing that his or
25		her admissions made in the course of the hearing,

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1		interrogation, or examination may be used as the basis for
2		charges seeking his or her suspension, removal, or discharge;
3		and he or she shall be advised in writing that he or she has a
4		right to counsel of his or her choosing, who may be present to
5		advise him or her at any hearing, interrogation, or
6		examination. A complete record of any hearing, interrogation,
7		or examination shall be made, and a complete transcript or
8		electronic recording thereof shall be made available to such
9		officer without charge and without delay.
10		The Board shall have the power to secure by its subpoena
11		both the attendance and testimony of witnesses and the
12		production of books and papers in support of the charges and
13		for the defense. Each member of the Board or a designated
14		hearing officer shall have the power to administer oaths or
15		affirmations. If the charges against an accused are
16		established by a preponderance of evidence, the Board shall
17		make a finding of guilty and order either removal, demotion,
18		suspension for a period of not more than 180 days, or such
19		other disciplinary punishment as may be prescribed by the
20		rules and regulations of the Board which, in the opinion of the
21		members thereof, the offense merits. Thereupon the Director
22		shall direct such removal or other punishment as ordered by
23		the Board and if the accused refuses to abide by any such
24		disciplinary order, the Director shall remove him or her
25		forthwith.
26		If the accused is found not guilty or has served a period

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1		of suspension greater than prescribed by the Board, the Board
2		shall order that the officer receive compensation for the
3		period involved. The award of compensation shall include
4		interest at the rate of 7% per annum.
5		The Board may include in its order appropriate sanctions
6		based upon the Board's rules and regulations. If the Board
7		finds that a party has made allegations or denials without
8		reasonable cause or has engaged in frivolous litigation for
9		the purpose of delay or needless increase in the cost of
10		litigation, it may order that party to pay the other party's
11		reasonable expenses, including costs and reasonable attorney's
12		fees. The State of Illinois and the Illinois State Police
13		shall be subject to these sanctions in the same manner as other
14		parties.
15		In case of the neglect or refusal of any person to obey a
16		subpoena issued by the Board, any circuit court, upon
17		application of any member of the Board, may order such person
18		to appear before the Board and give testimony or produce
19		evidence, and any failure to obey such order is punishable by
20		the court as a contempt thereof.
21		The provisions of the Administrative Review Law, and all
22		amendments and modifications thereof, and the rules adopted
23		pursuant thereto, shall apply to and govern all proceedings
24		for the judicial review of any order of the Board rendered
25		pursuant to the provisions of this Section.
26		Notwithstanding the provisions of this Section, a policy

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1		making officer, as defined in the Employee Rights Violation
2		Act, of the Illinois State Police shall be discharged from the
3		Illinois State Police as provided in the Employee Rights
4		Violation Act, enacted by the 85th General Assembly.
5		(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
6		revised 10-4-21.)
7		(20 ILCS 2610/46)
8		Sec. 46. Officer Professional Conduct Database; reporting,
9		transparency.
10		(a) The Illinois State Police Merit Board shall be
11		responsible for reporting all required information contained
12		in the Officer Professional Conduct Misconduct Database,
13		provided in Section 9.2 of the Illinois Police Training Act.
14		(b) Before the Illinois State Police Merit Board certifies
15		any Illinois State Police Cadet the Board shall conduct a
16		search of all Illinois State Police Cadet applicants in the
17		Officer Professional Conduct Database.
18		(c) The database, documents, materials, or other
19		information in the possession or control of the Board that are
20		obtained by or disclosed to the Board pursuant to this
21		subsection shall be confidential by law and privileged, shall
22		not be subject to subpoena, and shall not be subject to
23		discovery or admissible in evidence in any private civil
24		action. However, the Board is authorized to use such
25		documents, materials, or other information in furtherance of

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1		any regulatory or legal action brought as part of the Board's
2		official duties. Unless otherwise required by law, the Board
3		shall not disclose the database or make such documents,
4		materials, or other information public without the prior
5		written consent of the governmental agency and the law
6		enforcement officer. The Board nor any person who received
7		documents, materials or other information shared pursuant to
8		this subsection shall be required to testify in any private
9		civil action concerning the database or any confidential
10		documents, materials, or information subject to this
11		subsection.
12		Nothing in this Section shall exempt a governmental agency
13		from disclosing public records in accordance with the Freedom
14		of Information Act.
15		(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
16		Section 180. The Criminal Identification Act is amended by
17		changing Section 5.2 as follows:
18		(20 ILCS 2630/5.2)
19		Sec. 5.2. Expungement, sealing, and immediate sealing.
20		(a) General Provisions.
21		(1) Definitions. In this Act, words and phrases have
22		the meanings set forth in this subsection, except when a
23		particular context clearly requires a different meaning.
24		(A) The following terms shall have the meanings

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1		ascribed to them in the following Sections of the
2		Unified Code of Corrections, 730 ILCS 5/5-1-2 through
3		5/5-1-22:
4		(i) Business Offense, Section 5-1-2. (730 ILCS
5		5/5-1-2),
6		(ii) Charge, Section 5-1-3. (730 ILCS
7		5/5-1-3),
8		(iii) Court, Section 5-1-6. (730 ILCS
9		5/5-1-6),
10		(iv) Defendant, Section 5-1-7. (730 ILCS
11		5/5-1-7),
12		(v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),
13		(vi) Imprisonment, Section 5-1-10. (730 ILCS
14		5/5-1-10),
15		(vii) Judgment, Section 5-1-12. (730 ILCS
16		5/5-1-12),
17		(viii) Misdemeanor, Section 5-1-14. (730 ILCS
18		5/5-1-14),
19		(ix) Offense, Section 5-1-15. (730 ILCS
20		5/5-1-15),
21		(x) Parole, Section 5-1-16. (730 ILCS
22		5/5-1-16),
23		(xi) Petty Offense, Section 5-1-17. (730 ILCS
24		5/5-1-17),
25		(xii) Probation, Section 5-1-18. (730 ILCS
26		5/5-1-18),

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1		(xiii) Sentence, Section 5-1-19. (730 ILCS
2		5/5-1-19),
3		(xiv) Supervision, Section 5-1-21. (730 ILCS
4		5/5-1-21), and
5		(xv) Victim, Section 5-1-22. (730 ILCS
6		5/5-1-22).
7		(B) As used in this Section, "charge not initiated
8		by arrest" means a charge (as defined by Section 5-1-3
9		of the Unified Code of Corrections 730 ILCS 5/5-1-3)
10		brought against a defendant where the defendant is not
11		arrested prior to or as a direct result of the charge.
12		(C) "Conviction" means a judgment of conviction or
13		sentence entered upon a plea of guilty or upon a
14		verdict or finding of guilty of an offense, rendered
15		by a legally constituted jury or by a court of
16		competent jurisdiction authorized to try the case
17		without a jury. An order of supervision successfully
18		completed by the petitioner is not a conviction. An
19		order of qualified probation (as defined in subsection
20		(a)(1)(J)) successfully completed by the petitioner is
21		not a conviction. An order of supervision or an order
22		of qualified probation that is terminated
23		unsatisfactorily is a conviction, unless the
24		unsatisfactory termination is reversed, vacated, or
25		modified and the judgment of conviction, if any, is
26		reversed or vacated.

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1		(D) "Criminal offense" means a petty offense,
2		business offense, misdemeanor, felony, or municipal
3		ordinance violation (as defined in subsection
4		(a)(1)(H)). As used in this Section, a minor traffic
5		offense (as defined in subsection (a)(1)(G)) shall not
6		be considered a criminal offense.
7		(E) "Expunge" means to physically destroy the
8		records or return them to the petitioner and to
9		obliterate the petitioner's name from any official
10		index or public record, or both. Nothing in this Act
11		shall require the physical destruction of the circuit
12		court file, but such records relating to arrests or
13		charges, or both, ordered expunged shall be impounded
14		as required by subsections (d)(9)(A)(ii) and
15		(d)(9)(B)(ii).
16		(F) As used in this Section, "last sentence" means
17		the sentence, order of supervision, or order of
18		qualified probation (as defined by subsection
19		(a)(1)(J)), for a criminal offense (as defined by
20		subsection (a)(1)(D)) that terminates last in time in
21		any jurisdiction, regardless of whether the petitioner
22		has included the criminal offense for which the
23		sentence or order of supervision or qualified
24		probation was imposed in his or her petition. If
25		multiple sentences, orders of supervision, or orders
26		of qualified probation terminate on the same day and

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1		are last in time, they shall be collectively
2		considered the "last sentence" regardless of whether
3		they were ordered to run concurrently.
4		(G) "Minor traffic offense" means a petty offense,
5		business offense, or Class C misdemeanor under the
6		Illinois Vehicle Code or a similar provision of a
7		municipal or local ordinance.
8		(G-5) "Minor Cannabis Offense" means a violation
9		of Section 4 or 5 of the Cannabis Control Act
10		concerning not more than 30 grams of any substance
11		containing cannabis, provided the violation did not
12		include a penalty enhancement under Section 7 of the
13		Cannabis Control Act and is not associated with an
14		arrest, conviction or other disposition for a violent
15		crime as defined in subsection (c) of Section 3 of the
16		Rights of Crime Victims and Witnesses Act.
17		(H) "Municipal ordinance violation" means an
18		offense defined by a municipal or local ordinance that
19		is criminal in nature and with which the petitioner
20		was charged or for which the petitioner was arrested
21		and released without charging.
22		(I) "Petitioner" means an adult or a minor
23		prosecuted as an adult who has applied for relief
24		under this Section.
25		(J) "Qualified probation" means an order of
26		probation under Section 10 of the Cannabis Control

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1		Act, Section 410 of the Illinois Controlled Substances
2		Act, Section 70 of the Methamphetamine Control and
3		Community Protection Act, Section 5-6-3.3 or 5-6-3.4
4		of the Unified Code of Corrections, Section
5		12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
6		those provisions existed before their deletion by
7		Public Act 89-313), Section 10-102 of the Illinois
8		Alcoholism and Other Drug Dependency Act, Section
9		40-10 of the Substance Use Disorder Act, or Section 10
10		of the Steroid Control Act. For the purpose of this
11		Section, "successful completion" of an order of
12		qualified probation under Section 10-102 of the
13		Illinois Alcoholism and Other Drug Dependency Act and
14		Section 40-10 of the Substance Use Disorder Act means
15		that the probation was terminated satisfactorily and
16		the judgment of conviction was vacated.
17		(K) "Seal" means to physically and electronically
18		maintain the records, unless the records would
19		otherwise be destroyed due to age, but to make the
20		records unavailable without a court order, subject to
21		the exceptions in Sections 12 and 13 of this Act. The
22		petitioner's name shall also be obliterated from the
23		official index required to be kept by the circuit
24		court clerk under Section 16 of the Clerks of Courts
25		Act, but any index issued by the circuit court clerk
26		before the entry of the order to seal shall not be

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1		affected.
2		(L) "Sexual offense committed against a minor"
3		includes, but is not limited to, the offenses of
4		indecent solicitation of a child or criminal sexual
5		abuse when the victim of such offense is under 18 years
6		of age.
7		(M) "Terminate" as it relates to a sentence or
8		order of supervision or qualified probation includes
9		either satisfactory or unsatisfactory termination of
10		the sentence, unless otherwise specified in this
11		Section. A sentence is terminated notwithstanding any
12		outstanding financial legal obligation.
13		(2) Minor Traffic Offenses. Orders of supervision or
14		convictions for minor traffic offenses shall not affect a
15		petitioner's eligibility to expunge or seal records
16		pursuant to this Section.
17		(2.5) Commencing 180 days after July 29, 2016 (the
18		effective date of Public Act 99-697), the law enforcement
19		agency issuing the citation shall automatically expunge,
20		on or before January 1 and July 1 of each year, the law
21		enforcement records of a person found to have committed a
22		civil law violation of subsection (a) of Section 4 of the
23		Cannabis Control Act or subsection (c) of Section 3.5 of
24		the Drug Paraphernalia Control Act in the law enforcement
25		agency's possession or control and which contains the
26		final satisfactory disposition which pertain to the person

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1		issued a citation for that offense. The law enforcement
2		agency shall provide by rule the process for access,
3		review, and to confirm the automatic expungement by the
4		law enforcement agency issuing the citation. Commencing
5		180 days after July 29, 2016 (the effective date of Public
6		Act 99-697), the clerk of the circuit court shall expunge,
7		upon order of the court, or in the absence of a court order
8		on or before January 1 and July 1 of each year, the court
9		records of a person found in the circuit court to have
10		committed a civil law violation of subsection (a) of
11		Section 4 of the Cannabis Control Act or subsection (c) of
12		Section 3.5 of the Drug Paraphernalia Control Act in the
13		clerk's possession or control and which contains the final
14		satisfactory disposition which pertain to the person
15		issued a citation for any of those offenses.
16		(3) Exclusions. Except as otherwise provided in
17		subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
18		of this Section, the court shall not order:
19		(A) the sealing or expungement of the records of
20		arrests or charges not initiated by arrest that result
21		in an order of supervision for or conviction of: (i)
22		any sexual offense committed against a minor; (ii)
23		Section 11-501 of the Illinois Vehicle Code or a
24		similar provision of a local ordinance; or (iii)
25		Section 11-503 of the Illinois Vehicle Code or a
26		similar provision of a local ordinance, unless the

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1		arrest or charge is for a misdemeanor violation of
2		subsection (a) of Section 11-503 or a similar
3		provision of a local ordinance, that occurred prior to
4		the offender reaching the age of 25 years and the
5		offender has no other conviction for violating Section
6		11-501 or 11-503 of the Illinois Vehicle Code or a
7		similar provision of a local ordinance.
8		(B) the sealing or expungement of records of minor
9		traffic offenses (as defined in subsection (a)(1)(G)),
10		unless the petitioner was arrested and released
11		without charging.
12		(C) the sealing of the records of arrests or
13		charges not initiated by arrest which result in an
14		order of supervision or a conviction for the following
15		offenses:
16		(i) offenses included in Article 11 of the
17		Criminal Code of 1961 or the Criminal Code of 2012
18		or a similar provision of a local ordinance,
19		except Section 11-14 and a misdemeanor violation
20		of Section 11-30 of the Criminal Code of 1961 or
21		the Criminal Code of 2012, or a similar provision
22		of a local ordinance;
23		(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
24		26-5, or 48-1 of the Criminal Code of 1961 or the
25		Criminal Code of 2012, or a similar provision of a
26		local ordinance;

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1		(iii) Sections 12-3.1 or 12-3.2 of the
2		Criminal Code of 1961 or the Criminal Code of
3		2012, or Section 125 of the Stalking No Contact
4		Order Act, or Section 219 of the Civil No Contact
5		Order Act, or a similar provision of a local
6		ordinance;
7		(iv) Class A misdemeanors or felony offenses
8		under the Humane Care for Animals Act; or
9		(v) any offense or attempted offense that
10		would subject a person to registration under the
11		Sex Offender Registration Act.
12		(D) (blank).
13		(b) Expungement.
14		(1) A petitioner may petition the circuit court to
15		expunge the records of his or her arrests and charges not
16		initiated by arrest when each arrest or charge not
17		initiated by arrest sought to be expunged resulted in: (i)
18		acquittal, dismissal, or the petitioner's release without
19		charging, unless excluded by subsection (a)(3)(B); (ii) a
20		conviction which was vacated or reversed, unless excluded
21		by subsection (a)(3)(B); (iii) an order of supervision and
22		such supervision was successfully completed by the
23		petitioner, unless excluded by subsection (a)(3)(A) or
24		(a)(3)(B); or (iv) an order of qualified probation (as
25		defined in subsection (a)(1)(J)) and such probation was
26		successfully completed by the petitioner.

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1		(1.5) When a petitioner seeks to have a record of
2		arrest expunged under this Section, and the offender has
3		been convicted of a criminal offense, the State's Attorney
4		may object to the expungement on the grounds that the
5		records contain specific relevant information aside from
6		the mere fact of the arrest.
7		(2) Time frame for filing a petition to expunge.
8		(A) When the arrest or charge not initiated by
9		arrest sought to be expunged resulted in an acquittal,
10		dismissal, the petitioner's release without charging,
11		or the reversal or vacation of a conviction, there is
12		no waiting period to petition for the expungement of
13		such records.
14		(B) When the arrest or charge not initiated by
15		arrest sought to be expunged resulted in an order of
16		supervision, successfully completed by the petitioner,
17		the following time frames will apply:
18		(i) Those arrests or charges that resulted in
19		orders of supervision under Section 3-707, 3-708,
20		3-710, or 5-401.3 of the Illinois Vehicle Code or
21		a similar provision of a local ordinance, or under
22		Section 11-1.50, 12-3.2, or 12-15 of the Criminal
23		Code of 1961 or the Criminal Code of 2012, or a
24		similar provision of a local ordinance, shall not
25		be eligible for expungement until 5 years have
26		passed following the satisfactory termination of

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1		the supervision.
2		(i-5) Those arrests or charges that resulted
3		in orders of supervision for a misdemeanor
4		violation of subsection (a) of Section 11-503 of
5		the Illinois Vehicle Code or a similar provision
6		of a local ordinance, that occurred prior to the
7		offender reaching the age of 25 years and the
8		offender has no other conviction for violating
9		Section 11-501 or 11-503 of the Illinois Vehicle
10		Code or a similar provision of a local ordinance
11		shall not be eligible for expungement until the
12		petitioner has reached the age of 25 years.
13		(ii) Those arrests or charges that resulted in
14		orders of supervision for any other offenses shall
15		not be eligible for expungement until 2 years have
16		passed following the satisfactory termination of
17		the supervision.
18		(C) When the arrest or charge not initiated by
19		arrest sought to be expunged resulted in an order of
20		qualified probation, successfully completed by the
21		petitioner, such records shall not be eligible for
22		expungement until 5 years have passed following the
23		satisfactory termination of the probation.
24		(3) Those records maintained by the Illinois State
25		Police Department for persons arrested prior to their 17th
26		birthday shall be expunged as provided in Section 5-915 of

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1		the Juvenile Court Act of 1987.
2		(4) Whenever a person has been arrested for or
3		convicted of any offense, in the name of a person whose
4		identity he or she has stolen or otherwise come into
5		possession of, the aggrieved person from whom the identity
6		was stolen or otherwise obtained without authorization,
7		upon learning of the person having been arrested using his
8		or her identity, may, upon verified petition to the chief
9		judge of the circuit wherein the arrest was made, have a
10		court order entered nunc pro tunc by the Chief Judge to
11		correct the arrest record, conviction record, if any, and
12		all official records of the arresting authority, the
13		Illinois State Police Department, other criminal justice
14		agencies, the prosecutor, and the trial court concerning
15		such arrest, if any, by removing his or her name from all
16		such records in connection with the arrest and conviction,
17		if any, and by inserting in the records the name of the
18		offender, if known or ascertainable, in lieu of the
19		aggrieved's name. The records of the circuit court clerk
20		shall be sealed until further order of the court upon good
21		cause shown and the name of the aggrieved person
22		obliterated on the official index required to be kept by
23		the circuit court clerk under Section 16 of the Clerks of
24		Courts Act, but the order shall not affect any index
25		issued by the circuit court clerk before the entry of the
26		order. Nothing in this Section shall limit the Illinois

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1		Department of State Police or other criminal justice
2		agencies or prosecutors from listing under an offender's
3		name the false names he or she has used.
4		(5) Whenever a person has been convicted of criminal
5		sexual assault, aggravated criminal sexual assault,
6		predatory criminal sexual assault of a child, criminal
7		sexual abuse, or aggravated criminal sexual abuse, the
8		victim of that offense may request that the State's
9		Attorney of the county in which the conviction occurred
10		file a verified petition with the presiding trial judge at
11		the petitioner's trial to have a court order entered to
12		seal the records of the circuit court clerk in connection
13		with the proceedings of the trial court concerning that
14		offense. However, the records of the arresting authority
15		and the Illinois Department of State Police concerning the
16		offense shall not be sealed. The court, upon good cause
17		shown, shall make the records of the circuit court clerk
18		in connection with the proceedings of the trial court
19		concerning the offense available for public inspection.
20		(6) If a conviction has been set aside on direct
21		review or on collateral attack and the court determines by
22		clear and convincing evidence that the petitioner was
23		factually innocent of the charge, the court that finds the
24		petitioner factually innocent of the charge shall enter an
25		expungement order for the conviction for which the
26		petitioner has been determined to be innocent as provided

HB5501 Engrossed - 280 - LRB102 24698 AMC 33937 b
1		in subsection (b) of Section 5-5-4 of the Unified Code of
2		Corrections.
3		(7) Nothing in this Section shall prevent the Illinois
4		Department of State Police from maintaining all records of
5		any person who is admitted to probation upon terms and
6		conditions and who fulfills those terms and conditions
7		pursuant to Section 10 of the Cannabis Control Act,
8		Section 410 of the Illinois Controlled Substances Act,
9		Section 70 of the Methamphetamine Control and Community
10		Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
11		Code of Corrections, Section 12-4.3 or subdivision (b)(1)
12		of Section 12-3.05 of the Criminal Code of 1961 or the
13		Criminal Code of 2012, Section 10-102 of the Illinois
14		Alcoholism and Other Drug Dependency Act, Section 40-10 of
15		the Substance Use Disorder Act, or Section 10 of the
16		Steroid Control Act.
17		(8) If the petitioner has been granted a certificate
18		of innocence under Section 2-702 of the Code of Civil
19		Procedure, the court that grants the certificate of
20		innocence shall also enter an order expunging the
21		conviction for which the petitioner has been determined to
22		be innocent as provided in subsection (h) of Section 2-702
23		of the Code of Civil Procedure.
24		(c) Sealing.
25		(1) Applicability. Notwithstanding any other provision
26		of this Act to the contrary, and cumulative with any

HB5501 Engrossed - 281 - LRB102 24698 AMC 33937 b
1		rights to expungement of criminal records, this subsection
2		authorizes the sealing of criminal records of adults and
3		of minors prosecuted as adults. Subsection (g) of this
4		Section provides for immediate sealing of certain records.
5		(2) Eligible Records. The following records may be
6		sealed:
7		(A) All arrests resulting in release without
8		charging;
9		(B) Arrests or charges not initiated by arrest
10		resulting in acquittal, dismissal, or conviction when
11		the conviction was reversed or vacated, except as
12		excluded by subsection (a)(3)(B);
13		(C) Arrests or charges not initiated by arrest
14		resulting in orders of supervision, including orders
15		of supervision for municipal ordinance violations,
16		successfully completed by the petitioner, unless
17		excluded by subsection (a)(3);
18		(D) Arrests or charges not initiated by arrest
19		resulting in convictions, including convictions on
20		municipal ordinance violations, unless excluded by
21		subsection (a)(3);
22		(E) Arrests or charges not initiated by arrest
23		resulting in orders of first offender probation under
24		Section 10 of the Cannabis Control Act, Section 410 of
25		the Illinois Controlled Substances Act, Section 70 of
26		the Methamphetamine Control and Community Protection

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1		Act, or Section 5-6-3.3 of the Unified Code of
2		Corrections; and
3		(F) Arrests or charges not initiated by arrest
4		resulting in felony convictions unless otherwise
5		excluded by subsection (a) paragraph (3) of this
6		Section.
7		(3) When Records Are Eligible to Be Sealed. Records
8		identified as eligible under subsection (c)(2) may be
9		sealed as follows:
10		(A) Records identified as eligible under
11		subsection (c)(2)(A) and (c)(2)(B) may be sealed at
12		any time.
13		(B) Except as otherwise provided in subparagraph
14		(E) of this paragraph (3), records identified as
15		eligible under subsection (c)(2)(C) may be sealed 2
16		years after the termination of petitioner's last
17		sentence (as defined in subsection (a)(1)(F)).
18		(C) Except as otherwise provided in subparagraph
19		(E) of this paragraph (3), records identified as
20		eligible under subsections (c)(2)(D), (c)(2)(E), and
21		(c)(2)(F) may be sealed 3 years after the termination
22		of the petitioner's last sentence (as defined in
23		subsection (a)(1)(F)). Convictions requiring public
24		registration under the Arsonist Registration Act, the
25		Sex Offender Registration Act, or the Murderer and
26		Violent Offender Against Youth Registration Act may

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1		not be sealed until the petitioner is no longer
2		required to register under that relevant Act.
3		(D) Records identified in subsection
4		(a)(3)(A)(iii) may be sealed after the petitioner has
5		reached the age of 25 years.
6		(E) Records identified as eligible under
7		subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
8		(c)(2)(F) may be sealed upon termination of the
9		petitioner's last sentence if the petitioner earned a
10		high school diploma, associate's degree, career
11		certificate, vocational technical certification, or
12		bachelor's degree, or passed the high school level
13		Test of General Educational Development, during the
14		period of his or her sentence or mandatory supervised
15		release. This subparagraph shall apply only to a
16		petitioner who has not completed the same educational
17		goal prior to the period of his or her sentence or
18		mandatory supervised release. If a petition for
19		sealing eligible records filed under this subparagraph
20		is denied by the court, the time periods under
21		subparagraph (B) or (C) shall apply to any subsequent
22		petition for sealing filed by the petitioner.
23		(4) Subsequent felony convictions. A person may not
24		have subsequent felony conviction records sealed as
25		provided in this subsection (c) if he or she is convicted
26		of any felony offense after the date of the sealing of

HB5501 Engrossed - 284 - LRB102 24698 AMC 33937 b
1		prior felony convictions as provided in this subsection
2		(c). The court may, upon conviction for a subsequent
3		felony offense, order the unsealing of prior felony
4		conviction records previously ordered sealed by the court.
5		(5) Notice of eligibility for sealing. Upon entry of a
6		disposition for an eligible record under this subsection
7		(c), the petitioner shall be informed by the court of the
8		right to have the records sealed and the procedures for
9		the sealing of the records.
10		(d) Procedure. The following procedures apply to
11		expungement under subsections (b), (e), and (e-6) and sealing
12		under subsections (c) and (e-5):
13		(1) Filing the petition. Upon becoming eligible to
14		petition for the expungement or sealing of records under
15		this Section, the petitioner shall file a petition
16		requesting the expungement or sealing of records with the
17		clerk of the court where the arrests occurred or the
18		charges were brought, or both. If arrests occurred or
19		charges were brought in multiple jurisdictions, a petition
20		must be filed in each such jurisdiction. The petitioner
21		shall pay the applicable fee, except no fee shall be
22		required if the petitioner has obtained a court order
23		waiving fees under Supreme Court Rule 298 or it is
24		otherwise waived.
25		(1.5) County fee waiver pilot program. From August 9,
26		2019 (the effective date of Public Act 101-306) through

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1		December 31, 2020, in a county of 3,000,000 or more
2		inhabitants, no fee shall be required to be paid by a
3		petitioner if the records sought to be expunged or sealed
4		were arrests resulting in release without charging or
5		arrests or charges not initiated by arrest resulting in
6		acquittal, dismissal, or conviction when the conviction
7		was reversed or vacated, unless excluded by subsection
8		(a)(3)(B). The provisions of this paragraph (1.5), other
9		than this sentence, are inoperative on and after January
10		1, 2022.
11		(2) Contents of petition. The petition shall be
12		verified and shall contain the petitioner's name, date of
13		birth, current address and, for each arrest or charge not
14		initiated by arrest sought to be sealed or expunged, the
15		case number, the date of arrest (if any), the identity of
16		the arresting authority, and such other information as the
17		court may require. During the pendency of the proceeding,
18		the petitioner shall promptly notify the circuit court
19		clerk of any change of his or her address. If the
20		petitioner has received a certificate of eligibility for
21		sealing from the Prisoner Review Board under paragraph
22		(10) of subsection (a) of Section 3-3-2 of the Unified
23		Code of Corrections, the certificate shall be attached to
24		the petition.
25		(3) Drug test. The petitioner must attach to the
26		petition proof that the petitioner has passed a test taken

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1		within 30 days before the filing of the petition showing
2		the absence within his or her body of all illegal
3		substances as defined by the Illinois Controlled
4		Substances Act, the Methamphetamine Control and Community
5		Protection Act, and the Cannabis Control Act if he or she
6		is petitioning to:
7		(A) seal felony records under clause (c)(2)(E);
8		(B) seal felony records for a violation of the
9		Illinois Controlled Substances Act, the
10		Methamphetamine Control and Community Protection Act,
11		or the Cannabis Control Act under clause (c)(2)(F);
12		(C) seal felony records under subsection (e-5); or
13		(D) expunge felony records of a qualified
14		probation under clause (b)(1)(iv).
15		(4) Service of petition. The circuit court clerk shall
16		promptly serve a copy of the petition and documentation to
17		support the petition under subsection (e-5) or (e-6) on
18		the State's Attorney or prosecutor charged with the duty
19		of prosecuting the offense, the Illinois Department of
20		State Police, the arresting agency and the chief legal
21		officer of the unit of local government effecting the
22		arrest.
23		(5) Objections.
24		(A) Any party entitled to notice of the petition
25		may file an objection to the petition. All objections
26		shall be in writing, shall be filed with the circuit

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1		court clerk, and shall state with specificity the
2		basis of the objection. Whenever a person who has been
3		convicted of an offense is granted a pardon by the
4		Governor which specifically authorizes expungement, an
5		objection to the petition may not be filed.
6		(B) Objections to a petition to expunge or seal
7		must be filed within 60 days of the date of service of
8		the petition.
9		(6) Entry of order.
10		(A) The Chief Judge of the circuit wherein the
11		charge was brought, any judge of that circuit
12		designated by the Chief Judge, or in counties of less
13		than 3,000,000 inhabitants, the presiding trial judge
14		at the petitioner's trial, if any, shall rule on the
15		petition to expunge or seal as set forth in this
16		subsection (d)(6).
17		(B) Unless the State's Attorney or prosecutor, the
18		Illinois Department of State Police, the arresting
19		agency, or the chief legal officer files an objection
20		to the petition to expunge or seal within 60 days from
21		the date of service of the petition, the court shall
22		enter an order granting or denying the petition.
23		(C) Notwithstanding any other provision of law,
24		the court shall not deny a petition for sealing under
25		this Section because the petitioner has not satisfied
26		an outstanding legal financial obligation established,

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1		imposed, or originated by a court, law enforcement
2		agency, or a municipal, State, county, or other unit
3		of local government, including, but not limited to,
4		any cost, assessment, fine, or fee. An outstanding
5		legal financial obligation does not include any court
6		ordered restitution to a victim under Section 5-5-6 of
7		the Unified Code of Corrections, unless the
8		restitution has been converted to a civil judgment.
9		Nothing in this subparagraph (C) waives, rescinds, or
10		abrogates a legal financial obligation or otherwise
11		eliminates or affects the right of the holder of any
12		financial obligation to pursue collection under
13		applicable federal, State, or local law.
14		(7) Hearings. If an objection is filed, the court
15		shall set a date for a hearing and notify the petitioner
16		and all parties entitled to notice of the petition of the
17		hearing date at least 30 days prior to the hearing. Prior
18		to the hearing, the State's Attorney shall consult with
19		the Illinois State Police Department as to the
20		appropriateness of the relief sought in the petition to
21		expunge or seal. At the hearing, the court shall hear
22		evidence on whether the petition should or should not be
23		granted, and shall grant or deny the petition to expunge
24		or seal the records based on the evidence presented at the
25		hearing. The court may consider the following:
26		(A) the strength of the evidence supporting the

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1		defendant's conviction;
2		(B) the reasons for retention of the conviction
3		records by the State;
4		(C) the petitioner's age, criminal record history,
5		and employment history;
6		(D) the period of time between the petitioner's
7		arrest on the charge resulting in the conviction and
8		the filing of the petition under this Section; and
9		(E) the specific adverse consequences the
10		petitioner may be subject to if the petition is
11		denied.
12		(8) Service of order. After entering an order to
13		expunge or seal records, the court must provide copies of
14		the order to the Illinois State Police Department, in a
15		form and manner prescribed by the Illinois State Police
16		Department, to the petitioner, to the State's Attorney or
17		prosecutor charged with the duty of prosecuting the
18		offense, to the arresting agency, to the chief legal
19		officer of the unit of local government effecting the
20		arrest, and to such other criminal justice agencies as may
21		be ordered by the court.
22		(9) Implementation of order.
23		(A) Upon entry of an order to expunge records
24		pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
25		both:
26		(i) the records shall be expunged (as defined

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1		in subsection (a)(1)(E)) by the arresting agency,
2		the Illinois State Police Department, and any
3		other agency as ordered by the court, within 60
4		days of the date of service of the order, unless a
5		motion to vacate, modify, or reconsider the order
6		is filed pursuant to paragraph (12) of subsection
7		(d) of this Section;
8		(ii) the records of the circuit court clerk
9		shall be impounded until further order of the
10		court upon good cause shown and the name of the
11		petitioner obliterated on the official index
12		required to be kept by the circuit court clerk
13		under Section 16 of the Clerks of Courts Act, but
14		the order shall not affect any index issued by the
15		circuit court clerk before the entry of the order;
16		and
17		(iii) in response to an inquiry for expunged
18		records, the court, the Illinois State Police
19		Department, or the agency receiving such inquiry,
20		shall reply as it does in response to inquiries
21		when no records ever existed.
22		(B) Upon entry of an order to expunge records
23		pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
24		both:
25		(i) the records shall be expunged (as defined
26		in subsection (a)(1)(E)) by the arresting agency

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1		and any other agency as ordered by the court,
2		within 60 days of the date of service of the order,
3		unless a motion to vacate, modify, or reconsider
4		the order is filed pursuant to paragraph (12) of
5		subsection (d) of this Section;
6		(ii) the records of the circuit court clerk
7		shall be impounded until further order of the
8		court upon good cause shown and the name of the
9		petitioner obliterated on the official index
10		required to be kept by the circuit court clerk
11		under Section 16 of the Clerks of Courts Act, but
12		the order shall not affect any index issued by the
13		circuit court clerk before the entry of the order;
14		(iii) the records shall be impounded by the
15		Illinois State Police Department within 60 days of
16		the date of service of the order as ordered by the
17		court, unless a motion to vacate, modify, or
18		reconsider the order is filed pursuant to
19		paragraph (12) of subsection (d) of this Section;
20		(iv) records impounded by the Illinois State
21		Police Department may be disseminated by the
22		Illinois State Police Department only as required
23		by law or to the arresting authority, the State's
24		Attorney, and the court upon a later arrest for
25		the same or a similar offense or for the purpose of
26		sentencing for any subsequent felony, and to the

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1		Department of Corrections upon conviction for any
2		offense; and
3		(v) in response to an inquiry for such records
4		from anyone not authorized by law to access such
5		records, the court, the Illinois State Police
6		Department, or the agency receiving such inquiry
7		shall reply as it does in response to inquiries
8		when no records ever existed.
9		(B-5) Upon entry of an order to expunge records
10		under subsection (e-6):
11		(i) the records shall be expunged (as defined
12		in subsection (a)(1)(E)) by the arresting agency
13		and any other agency as ordered by the court,
14		within 60 days of the date of service of the order,
15		unless a motion to vacate, modify, or reconsider
16		the order is filed under paragraph (12) of
17		subsection (d) of this Section;
18		(ii) the records of the circuit court clerk
19		shall be impounded until further order of the
20		court upon good cause shown and the name of the
21		petitioner obliterated on the official index
22		required to be kept by the circuit court clerk
23		under Section 16 of the Clerks of Courts Act, but
24		the order shall not affect any index issued by the
25		circuit court clerk before the entry of the order;
26		(iii) the records shall be impounded by the

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1		Illinois State Police Department within 60 days of
2		the date of service of the order as ordered by the
3		court, unless a motion to vacate, modify, or
4		reconsider the order is filed under paragraph (12)
5		of subsection (d) of this Section;
6		(iv) records impounded by the Illinois State
7		Police Department may be disseminated by the
8		Illinois State Police Department only as required
9		by law or to the arresting authority, the State's
10		Attorney, and the court upon a later arrest for
11		the same or a similar offense or for the purpose of
12		sentencing for any subsequent felony, and to the
13		Department of Corrections upon conviction for any
14		offense; and
15		(v) in response to an inquiry for these
16		records from anyone not authorized by law to
17		access the records, the court, the Illinois State
18		Police Department, or the agency receiving the
19		inquiry shall reply as it does in response to
20		inquiries when no records ever existed.
21		(C) Upon entry of an order to seal records under
22		subsection (c), the arresting agency, any other agency
23		as ordered by the court, the Illinois State Police
24		Department, and the court shall seal the records (as
25		defined in subsection (a)(1)(K)). In response to an
26		inquiry for such records, from anyone not authorized

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1		by law to access such records, the court, the Illinois
2		State Police Department, or the agency receiving such
3		inquiry shall reply as it does in response to
4		inquiries when no records ever existed.
5		(D) The Illinois State Police Department shall
6		send written notice to the petitioner of its
7		compliance with each order to expunge or seal records
8		within 60 days of the date of service of that order or,
9		if a motion to vacate, modify, or reconsider is filed,
10		within 60 days of service of the order resolving the
11		motion, if that order requires the Illinois State
12		Police Department to expunge or seal records. In the
13		event of an appeal from the circuit court order, the
14		Illinois State Police Department shall send written
15		notice to the petitioner of its compliance with an
16		Appellate Court or Supreme Court judgment to expunge
17		or seal records within 60 days of the issuance of the
18		court's mandate. The notice is not required while any
19		motion to vacate, modify, or reconsider, or any appeal
20		or petition for discretionary appellate review, is
21		pending.
22		(E) Upon motion, the court may order that a sealed
23		judgment or other court record necessary to
24		demonstrate the amount of any legal financial
25		obligation due and owing be made available for the
26		limited purpose of collecting any legal financial

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1		obligations owed by the petitioner that were
2		established, imposed, or originated in the criminal
3		proceeding for which those records have been sealed.
4		The records made available under this subparagraph (E)
5		shall not be entered into the official index required
6		to be kept by the circuit court clerk under Section 16
7		of the Clerks of Courts Act and shall be immediately
8		re-impounded upon the collection of the outstanding
9		financial obligations.
10		(F) Notwithstanding any other provision of this
11		Section, a circuit court clerk may access a sealed
12		record for the limited purpose of collecting payment
13		for any legal financial obligations that were
14		established, imposed, or originated in the criminal
15		proceedings for which those records have been sealed.
16		(10) Fees. The Illinois State Police Department may
17		charge the petitioner a fee equivalent to the cost of
18		processing any order to expunge or seal records.
19		Notwithstanding any provision of the Clerks of Courts Act
20		to the contrary, the circuit court clerk may charge a fee
21		equivalent to the cost associated with the sealing or
22		expungement of records by the circuit court clerk. From
23		the total filing fee collected for the petition to seal or
24		expunge, the circuit court clerk shall deposit $10 into
25		the Circuit Court Clerk Operation and Administrative Fund,
26		to be used to offset the costs incurred by the circuit

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1		court clerk in performing the additional duties required
2		to serve the petition to seal or expunge on all parties.
3		The circuit court clerk shall collect and remit the
4		Illinois Department of State Police portion of the fee to
5		the State Treasurer and it shall be deposited in the State
6		Police Services Fund. If the record brought under an
7		expungement petition was previously sealed under this
8		Section, the fee for the expungement petition for that
9		same record shall be waived.
10		(11) Final Order. No court order issued under the
11		expungement or sealing provisions of this Section shall
12		become final for purposes of appeal until 30 days after
13		service of the order on the petitioner and all parties
14		entitled to notice of the petition.
15		(12) Motion to Vacate, Modify, or Reconsider. Under
16		Section 2-1203 of the Code of Civil Procedure, the
17		petitioner or any party entitled to notice may file a
18		motion to vacate, modify, or reconsider the order granting
19		or denying the petition to expunge or seal within 60 days
20		of service of the order. If filed more than 60 days after
21		service of the order, a petition to vacate, modify, or
22		reconsider shall comply with subsection (c) of Section
23		2-1401 of the Code of Civil Procedure. Upon filing of a
24		motion to vacate, modify, or reconsider, notice of the
25		motion shall be served upon the petitioner and all parties
26		entitled to notice of the petition.

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1		(13) Effect of Order. An order granting a petition
2		under the expungement or sealing provisions of this
3		Section shall not be considered void because it fails to
4		comply with the provisions of this Section or because of
5		any error asserted in a motion to vacate, modify, or
6		reconsider. The circuit court retains jurisdiction to
7		determine whether the order is voidable and to vacate,
8		modify, or reconsider its terms based on a motion filed
9		under paragraph (12) of this subsection (d).
10		(14) Compliance with Order Granting Petition to Seal
11		Records. Unless a court has entered a stay of an order
12		granting a petition to seal, all parties entitled to
13		notice of the petition must fully comply with the terms of
14		the order within 60 days of service of the order even if a
15		party is seeking relief from the order through a motion
16		filed under paragraph (12) of this subsection (d) or is
17		appealing the order.
18		(15) Compliance with Order Granting Petition to
19		Expunge Records. While a party is seeking relief from the
20		order granting the petition to expunge through a motion
21		filed under paragraph (12) of this subsection (d) or is
22		appealing the order, and unless a court has entered a stay
23		of that order, the parties entitled to notice of the
24		petition must seal, but need not expunge, the records
25		until there is a final order on the motion for relief or,
26		in the case of an appeal, the issuance of that court's

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1		mandate.
2		(16) The changes to this subsection (d) made by Public
3		Act 98-163 apply to all petitions pending on August 5,
4		2013 (the effective date of Public Act 98-163) and to all
5		orders ruling on a petition to expunge or seal on or after
6		August 5, 2013 (the effective date of Public Act 98-163).
7		(e) Whenever a person who has been convicted of an offense
8		is granted a pardon by the Governor which specifically
9		authorizes expungement, he or she may, upon verified petition
10		to the Chief Judge of the circuit where the person had been
11		convicted, any judge of the circuit designated by the Chief
12		Judge, or in counties of less than 3,000,000 inhabitants, the
13		presiding trial judge at the defendant's trial, have a court
14		order entered expunging the record of arrest from the official
15		records of the arresting authority and order that the records
16		of the circuit court clerk and the Illinois State Police
17		Department be sealed until further order of the court upon
18		good cause shown or as otherwise provided herein, and the name
19		of the defendant obliterated from the official index requested
20		to be kept by the circuit court clerk under Section 16 of the
21		Clerks of Courts Act in connection with the arrest and
22		conviction for the offense for which he or she had been
23		pardoned but the order shall not affect any index issued by the
24		circuit court clerk before the entry of the order. All records
25		sealed by the Illinois State Police Department may be
26		disseminated by the Illinois State Police Department only to

HB5501 Engrossed - 299 - LRB102 24698 AMC 33937 b
1		the arresting authority, the State's Attorney, and the court
2		upon a later arrest for the same or similar offense or for the
3		purpose of sentencing for any subsequent felony. Upon
4		conviction for any subsequent offense, the Department of
5		Corrections shall have access to all sealed records of the
6		Illinois State Police Department pertaining to that
7		individual. Upon entry of the order of expungement, the
8		circuit court clerk shall promptly mail a copy of the order to
9		the person who was pardoned.
10		(e-5) Whenever a person who has been convicted of an
11		offense is granted a certificate of eligibility for sealing by
12		the Prisoner Review Board which specifically authorizes
13		sealing, he or she may, upon verified petition to the Chief
14		Judge of the circuit where the person had been convicted, any
15		judge of the circuit designated by the Chief Judge, or in
16		counties of less than 3,000,000 inhabitants, the presiding
17		trial judge at the petitioner's trial, have a court order
18		entered sealing the record of arrest from the official records
19		of the arresting authority and order that the records of the
20		circuit court clerk and the Illinois State Police Department
21		be sealed until further order of the court upon good cause
22		shown or as otherwise provided herein, and the name of the
23		petitioner obliterated from the official index requested to be
24		kept by the circuit court clerk under Section 16 of the Clerks
25		of Courts Act in connection with the arrest and conviction for
26		the offense for which he or she had been granted the

HB5501 Engrossed - 300 - LRB102 24698 AMC 33937 b
1		certificate but the order shall not affect any index issued by
2		the circuit court clerk before the entry of the order. All
3		records sealed by the Illinois State Police Department may be
4		disseminated by the Illinois State Police Department only as
5		required by this Act or to the arresting authority, a law
6		enforcement agency, the State's Attorney, and the court upon a
7		later arrest for the same or similar offense or for the purpose
8		of sentencing for any subsequent felony. Upon conviction for
9		any subsequent offense, the Department of Corrections shall
10		have access to all sealed records of the Illinois State Police
11		Department pertaining to that individual. Upon entry of the
12		order of sealing, the circuit court clerk shall promptly mail
13		a copy of the order to the person who was granted the
14		certificate of eligibility for sealing.
15		(e-6) Whenever a person who has been convicted of an
16		offense is granted a certificate of eligibility for
17		expungement by the Prisoner Review Board which specifically
18		authorizes expungement, he or she may, upon verified petition
19		to the Chief Judge of the circuit where the person had been
20		convicted, any judge of the circuit designated by the Chief
21		Judge, or in counties of less than 3,000,000 inhabitants, the
22		presiding trial judge at the petitioner's trial, have a court
23		order entered expunging the record of arrest from the official
24		records of the arresting authority and order that the records
25		of the circuit court clerk and the Illinois State Police
26		Department be sealed until further order of the court upon

HB5501 Engrossed - 301 - LRB102 24698 AMC 33937 b
1		good cause shown or as otherwise provided herein, and the name
2		of the petitioner obliterated from the official index
3		requested to be kept by the circuit court clerk under Section
4		16 of the Clerks of Courts Act in connection with the arrest
5		and conviction for the offense for which he or she had been
6		granted the certificate but the order shall not affect any
7		index issued by the circuit court clerk before the entry of the
8		order. All records sealed by the Illinois State Police
9		Department may be disseminated by the Illinois State Police
10		Department only as required by this Act or to the arresting
11		authority, a law enforcement agency, the State's Attorney, and
12		the court upon a later arrest for the same or similar offense
13		or for the purpose of sentencing for any subsequent felony.
14		Upon conviction for any subsequent offense, the Department of
15		Corrections shall have access to all expunged records of the
16		Illinois State Police Department pertaining to that
17		individual. Upon entry of the order of expungement, the
18		circuit court clerk shall promptly mail a copy of the order to
19		the person who was granted the certificate of eligibility for
20		expungement.
21		(f) Subject to available funding, the Illinois Department
22		of Corrections shall conduct a study of the impact of sealing,
23		especially on employment and recidivism rates, utilizing a
24		random sample of those who apply for the sealing of their
25		criminal records under Public Act 93-211. At the request of
26		the Illinois Department of Corrections, records of the

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1		Illinois Department of Employment Security shall be utilized
2		as appropriate to assist in the study. The study shall not
3		disclose any data in a manner that would allow the
4		identification of any particular individual or employing unit.
5		The study shall be made available to the General Assembly no
6		later than September 1, 2010.
7		(g) Immediate Sealing.
8		(1) Applicability. Notwithstanding any other provision
9		of this Act to the contrary, and cumulative with any
10		rights to expungement or sealing of criminal records, this
11		subsection authorizes the immediate sealing of criminal
12		records of adults and of minors prosecuted as adults.
13		(2) Eligible Records. Arrests or charges not initiated
14		by arrest resulting in acquittal or dismissal with
15		prejudice, except as excluded by subsection (a)(3)(B),
16		that occur on or after January 1, 2018 (the effective date
17		of Public Act 100-282), may be sealed immediately if the
18		petition is filed with the circuit court clerk on the same
19		day and during the same hearing in which the case is
20		disposed.
21		(3) When Records are Eligible to be Immediately
22		Sealed. Eligible records under paragraph (2) of this
23		subsection (g) may be sealed immediately after entry of
24		the final disposition of a case, notwithstanding the
25		disposition of other charges in the same case.
26		(4) Notice of Eligibility for Immediate Sealing. Upon

HB5501 Engrossed - 303 - LRB102 24698 AMC 33937 b
1		entry of a disposition for an eligible record under this
2		subsection (g), the defendant shall be informed by the
3		court of his or her right to have eligible records
4		immediately sealed and the procedure for the immediate
5		sealing of these records.
6		(5) Procedure. The following procedures apply to
7		immediate sealing under this subsection (g).
8		(A) Filing the Petition. Upon entry of the final
9		disposition of the case, the defendant's attorney may
10		immediately petition the court, on behalf of the
11		defendant, for immediate sealing of eligible records
12		under paragraph (2) of this subsection (g) that are
13		entered on or after January 1, 2018 (the effective
14		date of Public Act 100-282). The immediate sealing
15		petition may be filed with the circuit court clerk
16		during the hearing in which the final disposition of
17		the case is entered. If the defendant's attorney does
18		not file the petition for immediate sealing during the
19		hearing, the defendant may file a petition for sealing
20		at any time as authorized under subsection (c)(3)(A).
21		(B) Contents of Petition. The immediate sealing
22		petition shall be verified and shall contain the
23		petitioner's name, date of birth, current address, and
24		for each eligible record, the case number, the date of
25		arrest if applicable, the identity of the arresting
26		authority if applicable, and other information as the

HB5501 Engrossed - 304 - LRB102 24698 AMC 33937 b
1		court may require.
2		(C) Drug Test. The petitioner shall not be
3		required to attach proof that he or she has passed a
4		drug test.
5		(D) Service of Petition. A copy of the petition
6		shall be served on the State's Attorney in open court.
7		The petitioner shall not be required to serve a copy of
8		the petition on any other agency.
9		(E) Entry of Order. The presiding trial judge
10		shall enter an order granting or denying the petition
11		for immediate sealing during the hearing in which it
12		is filed. Petitions for immediate sealing shall be
13		ruled on in the same hearing in which the final
14		disposition of the case is entered.
15		(F) Hearings. The court shall hear the petition
16		for immediate sealing on the same day and during the
17		same hearing in which the disposition is rendered.
18		(G) Service of Order. An order to immediately seal
19		eligible records shall be served in conformance with
20		subsection (d)(8).
21		(H) Implementation of Order. An order to
22		immediately seal records shall be implemented in
23		conformance with subsections (d)(9)(C) and (d)(9)(D).
24		(I) Fees. The fee imposed by the circuit court
25		clerk and the Illinois Department of State Police
26		shall comply with paragraph (1) of subsection (d) of

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1		this Section.
2		(J) Final Order. No court order issued under this
3		subsection (g) shall become final for purposes of
4		appeal until 30 days after service of the order on the
5		petitioner and all parties entitled to service of the
6		order in conformance with subsection (d)(8).
7		(K) Motion to Vacate, Modify, or Reconsider. Under
8		Section 2-1203 of the Code of Civil Procedure, the
9		petitioner, State's Attorney, or the Illinois
10		Department of State Police may file a motion to
11		vacate, modify, or reconsider the order denying the
12		petition to immediately seal within 60 days of service
13		of the order. If filed more than 60 days after service
14		of the order, a petition to vacate, modify, or
15		reconsider shall comply with subsection (c) of Section
16		2-1401 of the Code of Civil Procedure.
17		(L) Effect of Order. An order granting an
18		immediate sealing petition shall not be considered
19		void because it fails to comply with the provisions of
20		this Section or because of an error asserted in a
21		motion to vacate, modify, or reconsider. The circuit
22		court retains jurisdiction to determine whether the
23		order is voidable, and to vacate, modify, or
24		reconsider its terms based on a motion filed under
25		subparagraph (L) of this subsection (g).
26		(M) Compliance with Order Granting Petition to

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1		Seal Records. Unless a court has entered a stay of an
2		order granting a petition to immediately seal, all
3		parties entitled to service of the order must fully
4		comply with the terms of the order within 60 days of
5		service of the order.
6		(h) Sealing; trafficking victims.
7		(1) A trafficking victim as defined by paragraph (10)
8		of subsection (a) of Section 10-9 of the Criminal Code of
9		2012 shall be eligible to petition for immediate sealing
10		of his or her criminal record upon the completion of his or
11		her last sentence if his or her participation in the
12		underlying offense was a direct result of human
13		trafficking under Section 10-9 of the Criminal Code of
14		2012 or a severe form of trafficking under the federal
15		Trafficking Victims Protection Act.
16		(2) A petitioner under this subsection (h), in
17		addition to the requirements provided under paragraph (4)
18		of subsection (d) of this Section, shall include in his or
19		her petition a clear and concise statement that: (A) he or
20		she was a victim of human trafficking at the time of the
21		offense; and (B) that his or her participation in the
22		offense was a direct result of human trafficking under
23		Section 10-9 of the Criminal Code of 2012 or a severe form
24		of trafficking under the federal Trafficking Victims
25		Protection Act.
26		(3) If an objection is filed alleging that the

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1		petitioner is not entitled to immediate sealing under this
2		subsection (h), the court shall conduct a hearing under
3		paragraph (7) of subsection (d) of this Section and the
4		court shall determine whether the petitioner is entitled
5		to immediate sealing under this subsection (h). A
6		petitioner is eligible for immediate relief under this
7		subsection (h) if he or she shows, by a preponderance of
8		the evidence, that: (A) he or she was a victim of human
9		trafficking at the time of the offense; and (B) that his or
10		her participation in the offense was a direct result of
11		human trafficking under Section 10-9 of the Criminal Code
12		of 2012 or a severe form of trafficking under the federal
13		Trafficking Victims Protection Act.
14		(i) Minor Cannabis Offenses under the Cannabis Control
15		Act.
16		(1) Expungement of Arrest Records of Minor Cannabis
17		Offenses.
18		(A) The Illinois Department of State Police and
19		all law enforcement agencies within the State shall
20		automatically expunge all criminal history records of
21		an arrest, charge not initiated by arrest, order of
22		supervision, or order of qualified probation for a
23		Minor Cannabis Offense committed prior to June 25,
24		2019 (the effective date of Public Act 101-27) if:
25		(i) One year or more has elapsed since the
26		date of the arrest or law enforcement interaction

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1		documented in the records; and
2		(ii) No criminal charges were filed relating
3		to the arrest or law enforcement interaction or
4		criminal charges were filed and subsequently
5		dismissed or vacated or the arrestee was
6		acquitted.
7		(B) If the law enforcement agency is unable to
8		verify satisfaction of condition (ii) in paragraph
9		(A), records that satisfy condition (i) in paragraph
10		(A) shall be automatically expunged.
11		(C) Records shall be expunged by the law
12		enforcement agency under the following timelines:
13		(i) Records created prior to June 25, 2019
14		(the effective date of Public Act 101-27), but on
15		or after January 1, 2013, shall be automatically
16		expunged prior to January 1, 2021;
17		(ii) Records created prior to January 1, 2013,
18		but on or after January 1, 2000, shall be
19		automatically expunged prior to January 1, 2023;
20		(iii) Records created prior to January 1, 2000
21		shall be automatically expunged prior to January
22		1, 2025.
23		In response to an inquiry for expunged records,
24		the law enforcement agency receiving such inquiry
25		shall reply as it does in response to inquiries when no
26		records ever existed; however, it shall provide a

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1		certificate of disposition or confirmation that the
2		record was expunged to the individual whose record was
3		expunged if such a record exists.
4		(D) Nothing in this Section shall be construed to
5		restrict or modify an individual's right to have that
6		individual's records expunged except as otherwise may
7		be provided in this Act, or diminish or abrogate any
8		rights or remedies otherwise available to the
9		individual.
10		(2) Pardons Authorizing Expungement of Minor Cannabis
11		Offenses.
12		(A) Upon June 25, 2019 (the effective date of
13		Public Act 101-27), the Department of State Police
14		shall review all criminal history record information
15		and identify all records that meet all of the
16		following criteria:
17		(i) one or more convictions for a Minor
18		Cannabis Offense;
19		(ii) the conviction identified in paragraph
20		(2)(A)(i) did not include a penalty enhancement
21		under Section 7 of the Cannabis Control Act; and
22		(iii) the conviction identified in paragraph
23		(2)(A)(i) is not associated with a conviction for
24		a violent crime as defined in subsection (c) of
25		Section 3 of the Rights of Crime Victims and
26		Witnesses Act.

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1		(B) Within 180 days after June 25, 2019 (the
2		effective date of Public Act 101-27), the Department
3		of State Police shall notify the Prisoner Review Board
4		of all such records that meet the criteria established
5		in paragraph (2)(A).
6		(i) The Prisoner Review Board shall notify the
7		State's Attorney of the county of conviction of
8		each record identified by State Police in
9		paragraph (2)(A) that is classified as a Class 4
10		felony. The State's Attorney may provide a written
11		objection to the Prisoner Review Board on the sole
12		basis that the record identified does not meet the
13		criteria established in paragraph (2)(A). Such an
14		objection must be filed within 60 days or by such
15		later date set by the Prisoner Review Board in the
16		notice after the State's Attorney received notice
17		from the Prisoner Review Board.
18		(ii) In response to a written objection from a
19		State's Attorney, the Prisoner Review Board is
20		authorized to conduct a non-public hearing to
21		evaluate the information provided in the
22		objection.
23		(iii) The Prisoner Review Board shall make a
24		confidential and privileged recommendation to the
25		Governor as to whether to grant a pardon
26		authorizing expungement for each of the records

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1		identified by the Department of State Police as
2		described in paragraph (2)(A).
3		(C) If an individual has been granted a pardon
4		authorizing expungement as described in this Section,
5		the Prisoner Review Board, through the Attorney
6		General, shall file a petition for expungement with
7		the Chief Judge of the circuit or any judge of the
8		circuit designated by the Chief Judge where the
9		individual had been convicted. Such petition may
10		include more than one individual. Whenever an
11		individual who has been convicted of an offense is
12		granted a pardon by the Governor that specifically
13		authorizes expungement, an objection to the petition
14		may not be filed. Petitions to expunge under this
15		subsection (i) may include more than one individual.
16		Within 90 days of the filing of such a petition, the
17		court shall enter an order expunging the records of
18		arrest from the official records of the arresting
19		authority and order that the records of the circuit
20		court clerk and the Illinois Department of State
21		Police be expunged and the name of the defendant
22		obliterated from the official index requested to be
23		kept by the circuit court clerk under Section 16 of the
24		Clerks of Courts Act in connection with the arrest and
25		conviction for the offense for which the individual
26		had received a pardon but the order shall not affect

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1		any index issued by the circuit court clerk before the
2		entry of the order. Upon entry of the order of
3		expungement, the circuit court clerk shall promptly
4		provide a copy of the order and a certificate of
5		disposition to the individual who was pardoned to the
6		individual's last known address or by electronic means
7		(if available) or otherwise make it available to the
8		individual upon request.
9		(D) Nothing in this Section is intended to
10		diminish or abrogate any rights or remedies otherwise
11		available to the individual.
12		(3) Any individual may file a motion to vacate and
13		expunge a conviction for a misdemeanor or Class 4 felony
14		violation of Section 4 or Section 5 of the Cannabis
15		Control Act. Motions to vacate and expunge under this
16		subsection (i) may be filed with the circuit court, Chief
17		Judge of a judicial circuit or any judge of the circuit
18		designated by the Chief Judge. The circuit court clerk
19		shall promptly serve a copy of the motion to vacate and
20		expunge, and any supporting documentation, on the State's
21		Attorney or prosecutor charged with the duty of
22		prosecuting the offense. When considering such a motion to
23		vacate and expunge, a court shall consider the following:
24		the reasons to retain the records provided by law
25		enforcement, the petitioner's age, the petitioner's age at
26		the time of offense, the time since the conviction, and

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1		the specific adverse consequences if denied. An individual
2		may file such a petition after the completion of any
3		non-financial sentence or non-financial condition imposed
4		by the conviction. Within 60 days of the filing of such
5		motion, a State's Attorney may file an objection to such a
6		petition along with supporting evidence. If a motion to
7		vacate and expunge is granted, the records shall be
8		expunged in accordance with subparagraphs (d)(8) and
9		(d)(9)(A) of this Section. An agency providing civil legal
10		aid, as defined by Section 15 of the Public Interest
11		Attorney Assistance Act, assisting individuals seeking to
12		file a motion to vacate and expunge under this subsection
13		may file motions to vacate and expunge with the Chief
14		Judge of a judicial circuit or any judge of the circuit
15		designated by the Chief Judge, and the motion may include
16		more than one individual. Motions filed by an agency
17		providing civil legal aid concerning more than one
18		individual may be prepared, presented, and signed
19		electronically.
20		(4) Any State's Attorney may file a motion to vacate
21		and expunge a conviction for a misdemeanor or Class 4
22		felony violation of Section 4 or Section 5 of the Cannabis
23		Control Act. Motions to vacate and expunge under this
24		subsection (i) may be filed with the circuit court, Chief
25		Judge of a judicial circuit or any judge of the circuit
26		designated by the Chief Judge, and may include more than

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1		one individual. Motions filed by a State's Attorney
2		concerning more than one individual may be prepared,
3		presented, and signed electronically. When considering
4		such a motion to vacate and expunge, a court shall
5		consider the following: the reasons to retain the records
6		provided by law enforcement, the individual's age, the
7		individual's age at the time of offense, the time since
8		the conviction, and the specific adverse consequences if
9		denied. Upon entry of an order granting a motion to vacate
10		and expunge records pursuant to this Section, the State's
11		Attorney shall notify the Prisoner Review Board within 30
12		days. Upon entry of the order of expungement, the circuit
13		court clerk shall promptly provide a copy of the order and
14		a certificate of disposition to the individual whose
15		records will be expunged to the individual's last known
16		address or by electronic means (if available) or otherwise
17		make available to the individual upon request. If a motion
18		to vacate and expunge is granted, the records shall be
19		expunged in accordance with subparagraphs (d)(8) and
20		(d)(9)(A) of this Section.
21		(5) In the public interest, the State's Attorney of a
22		county has standing to file motions to vacate and expunge
23		pursuant to this Section in the circuit court with
24		jurisdiction over the underlying conviction.
25		(6) If a person is arrested for a Minor Cannabis
26		Offense as defined in this Section before June 25, 2019

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1		(the effective date of Public Act 101-27) and the person's
2		case is still pending but a sentence has not been imposed,
3		the person may petition the court in which the charges are
4		pending for an order to summarily dismiss those charges
5		against him or her, and expunge all official records of
6		his or her arrest, plea, trial, conviction, incarceration,
7		supervision, or expungement. If the court determines, upon
8		review, that: (A) the person was arrested before June 25,
9		2019 (the effective date of Public Act 101-27) for an
10		offense that has been made eligible for expungement; (B)
11		the case is pending at the time; and (C) the person has not
12		been sentenced of the minor cannabis violation eligible
13		for expungement under this subsection, the court shall
14		consider the following: the reasons to retain the records
15		provided by law enforcement, the petitioner's age, the
16		petitioner's age at the time of offense, the time since
17		the conviction, and the specific adverse consequences if
18		denied. If a motion to dismiss and expunge is granted, the
19		records shall be expunged in accordance with subparagraph
20		(d)(9)(A) of this Section.
21		(7) A person imprisoned solely as a result of one or
22		more convictions for Minor Cannabis Offenses under this
23		subsection (i) shall be released from incarceration upon
24		the issuance of an order under this subsection.
25		(8) The Illinois Department of State Police shall
26		allow a person to use the access and review process,

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1		established in the Illinois Department of State Police,
2		for verifying that his or her records relating to Minor
3		Cannabis Offenses of the Cannabis Control Act eligible
4		under this Section have been expunged.
5		(9) No conviction vacated pursuant to this Section
6		shall serve as the basis for damages for time unjustly
7		served as provided in the Court of Claims Act.
8		(10) Effect of Expungement. A person's right to
9		expunge an expungeable offense shall not be limited under
10		this Section. The effect of an order of expungement shall
11		be to restore the person to the status he or she occupied
12		before the arrest, charge, or conviction.
13		(11) Information. The Illinois Department of State
14		Police shall post general information on its website about
15		the expungement process described in this subsection (i).
16		(j) Felony Prostitution Convictions.
17		(1) Any individual may file a motion to vacate and
18		expunge a conviction for a prior Class 4 felony violation
19		of prostitution. Motions to vacate and expunge under this
20		subsection (j) may be filed with the circuit court, Chief
21		Judge of a judicial circuit, or any judge of the circuit
22		designated by the Chief Judge. When considering the motion
23		to vacate and expunge, a court shall consider the
24		following:
25		(A) the reasons to retain the records provided by
26		law enforcement;

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1		(B) the petitioner's age;
2		(C) the petitioner's age at the time of offense;
3		and
4		(D) the time since the conviction, and the
5		specific adverse consequences if denied. An individual
6		may file the petition after the completion of any
7		sentence or condition imposed by the conviction.
8		Within 60 days of the filing of the motion, a State's
9		Attorney may file an objection to the petition along
10		with supporting evidence. If a motion to vacate and
11		expunge is granted, the records shall be expunged in
12		accordance with subparagraph (d)(9)(A) of this
13		Section. An agency providing civil legal aid, as
14		defined in Section 15 of the Public Interest Attorney
15		Assistance Act, assisting individuals seeking to file
16		a motion to vacate and expunge under this subsection
17		may file motions to vacate and expunge with the Chief
18		Judge of a judicial circuit or any judge of the circuit
19		designated by the Chief Judge, and the motion may
20		include more than one individual.
21		(2) Any State's Attorney may file a motion to vacate
22		and expunge a conviction for a Class 4 felony violation of
23		prostitution. Motions to vacate and expunge under this
24		subsection (j) may be filed with the circuit court, Chief
25		Judge of a judicial circuit, or any judge of the circuit
26		court designated by the Chief Judge, and may include more

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1		than one individual. When considering the motion to vacate
2		and expunge, a court shall consider the following reasons:
3		(A) the reasons to retain the records provided by
4		law enforcement;
5		(B) the petitioner's age;
6		(C) the petitioner's age at the time of offense;
7		(D) the time since the conviction; and
8		(E) the specific adverse consequences if denied.
9		If the State's Attorney files a motion to vacate and
10		expunge records for felony prostitution convictions
11		pursuant to this Section, the State's Attorney shall
12		notify the Prisoner Review Board within 30 days of the
13		filing. If a motion to vacate and expunge is granted, the
14		records shall be expunged in accordance with subparagraph
15		(d)(9)(A) of this Section.
16		(3) In the public interest, the State's Attorney of a
17		county has standing to file motions to vacate and expunge
18		pursuant to this Section in the circuit court with
19		jurisdiction over the underlying conviction.
20		(4) The Illinois State Police shall allow a person to
21		a use the access and review process, established in the
22		Illinois State Police, for verifying that his or her
23		records relating to felony prostitution eligible under
24		this Section have been expunged.
25		(5) No conviction vacated pursuant to this Section
26		shall serve as the basis for damages for time unjustly

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1		served as provided in the Court of Claims Act.
2		(6) Effect of Expungement. A person's right to expunge
3		an expungeable offense shall not be limited under this
4		Section. The effect of an order of expungement shall be to
5		restore the person to the status he or she occupied before
6		the arrest, charge, or conviction.
7		(7) Information. The Illinois State Police shall post
8		general information on its website about the expungement
9		process described in this subsection (j).
10		(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
11		101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12		12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
13		102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
14		Section 185. The Department of Veterans' Affairs Act is
15		amended by changing Sections 2.01a and 2.04 as follows:
16		(20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
17		Sec. 2.01a. Members benefits fund; personal property. The
18		Department shall direct the expenditure of all money which has
19		been or may be received by any officer of an Illinois Veterans
20		Home including profit on sales from commissary stores. The
21		money shall be deposited into the members benefits fund and
22		expenditures from the fund shall be made under the direction
23		of the Department for the special comfort, pleasure, and
24		amusement of residents and employees, provided that amounts

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1		expended for comfort, pleasure, and amusement of employees
2		shall not exceed the amount of profits derived from sales made
3		to employees by such commissaries, as determined by the
4		Department. The Department may also make expenditures from the
5		fund, subject to approval by the Director of Veterans'
6		Affairs, for recognition and appreciation programs for
7		volunteers who assist the Veterans Homes. Expenditures from
8		the fund may not be used to supplement a shortfall in the
9		ordinary and contingent operating expenses of the Home and
10		shall be expended only for the special comfort, pleasure, and
11		amusement of the residents.
12		The Department shall prepare a quarterly report on all
13		locally held locally-held member's benefits funds from each
14		Illinois Veterans Home. The report shall contain the amount of
15		donations received for each veterans' home, including monetary
16		and nonmonetary items, the expenditures and items disbursed
17		dispersed, and the end of quarter balance of the locally held
18		locally-held member's benefits funds. The Department shall
19		submit the quarterly report to the General Assembly and to the
20		Governor and publish the report on its website.
21		Money received as interest and income on funds deposited
22		for residents of an Illinois Veterans Home shall be paid to the
23		individual accounts of the residents. If home residents choose
24		to hold savings accounts or other investments outside the
25		Home, interest or income on the individual savings accounts or
26		investments of residents shall accrue to the individual

HB5501 Engrossed - 321 - LRB102 24698 AMC 33937 b
1		accounts of the residents.
2		Any money belonging to residents separated by death,
3		discharge, or unauthorized absence from an Illinois Veterans
4		Home, in custody of officers thereof, may, if unclaimed by the
5		resident or the legal representatives thereof for a period of
6		2 years, be expended at the direction of the Department for the
7		purposes and in the manner specified above. Articles of
8		personal property, with the exception of clothing left in the
9		custody of officers, shall, if unclaimed for the period of 2
10		years, be sold and the money disposed of in the same manner.
11		Clothing left at a Home by residents at the time of
12		separation may be used as determined by the Home if unclaimed
13		by the resident or legal representatives thereof within 30
14		days after notification.
15		(Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
16		(20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
17		Sec. 2.04. There shall be established in the State
18		Treasury special funds known as (i) the LaSalle Veterans Home
19		Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno
20		Veterans Home Fund, and (iv) the Quincy Veterans Home Fund.
21		All moneys received by an Illinois Veterans Home from Medicare
22		and from maintenance charges to veterans, spouses, and
23		surviving spouses residing at that Home shall be paid into
24		that Home's Fund. All moneys received from the U.S. Department
25		of Veterans Affairs for patient care shall be transmitted to

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1		the Treasurer of the State for deposit in the Veterans Home
2		Fund for the Home in which the veteran resides. Appropriations
3		shall be made from a Fund only for the needs of the Home,
4		including capital improvements, building rehabilitation, and
5		repairs. The Illinois Veterans' Homes Fund shall be the
6		Veterans Home Fund for the Illinois Veterans Home at Chicago.
7		The administrator of each Veterans Home shall establish a
8		locally held locally-held member's benefits fund. The Director
9		may authorize the Veterans Home to conduct limited fundraising
10		in accordance with applicable laws and regulations for which
11		the sole purpose is to benefit the Veterans Home's member's
12		benefits fund. Revenues accruing to an Illinois Veterans Home,
13		including any donations, grants for the operation of the Home,
14		profits from commissary stores, and funds received from any
15		individual or other source, including limited fundraising,
16		shall be deposited into that Home's benefits fund.
17		Expenditures from the benefits funds shall be solely for the
18		special comfort, pleasure, and amusement of residents.
19		Contributors of unsolicited private donations may specify the
20		purpose for which the private donations are to be used.
21		Upon request of the Department, the State's Attorney of
22		the county in which a resident or living former resident of an
23		Illinois Veterans Home who is liable under this Act for
24		payment of sums representing maintenance charges resides shall
25		file an action in a court of competent jurisdiction against
26		any such person who fails or refuses to pay such sums. The

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1		court may order the payment of sums due to maintenance charges
2		for such period or periods of time as the circumstances
3		require.
4		Upon the death of a person who is or has been a resident of
5		an Illinois Veterans Home who is liable for maintenance
6		charges and who is possessed of property, the Department may
7		present a claim for such sum or for the balance due in case
8		less than the rate prescribed under this Act has been paid. The
9		claim shall be allowed and paid as other lawful claims against
10		the estate.
11		The administrator of each Veterans Home shall establish a
12		locally held locally-held trust fund to maintain moneys held
13		for residents. Whenever the Department finds it necessary to
14		preserve order, preserve health, or enforce discipline, the
15		resident shall deposit in a trust account at the Home such
16		monies from any source of income as may be determined
17		necessary, and disbursement of these funds to the resident
18		shall be made only by direction of the administrator.
19		If a resident of an Illinois Veterans Home has a dependent
20		child, spouse, or parent the administrator may require that
21		all monies received be deposited in a trust account with
22		dependency contributions being made at the direction of the
23		administrator. The balance retained in the trust account shall
24		be disbursed to the resident at the time of discharge from the
25		Home or to his or her heirs or legal representative at the time
26		of the resident's death, subject to Department regulations or

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1		order of the court.
2		The Director of Central Management Services, with the
3		consent of the Director of Veterans' Affairs, is authorized
4		and empowered to lease or let any real property held by the
5		Department of Veterans' Affairs for an Illinois Veterans Home
6		to entities or persons upon terms and conditions which are
7		considered to be in the best interest of that Home. The real
8		property must not be needed for any direct or immediate
9		purpose of the Home. In any leasing or letting, primary
10		consideration shall be given to the use of real property for
11		agricultural purposes, and all moneys received shall be
12		transmitted to the Treasurer of the State for deposit in the
13		appropriate Veterans Home Fund.
14		Each administrator of an Illinois Veterans Home who has an
15		established locally held locally-held member's benefits fund
16		shall prepare and submit to the Department a monthly report of
17		all donations received, including donations of a nonmonetary
18		nature. The report shall include the end of month balance of
19		the locally held locally-held member's benefits fund.
20		(Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
21		Section 190. The State Fire Marshal Act is amended by
22		changing Section 3 as follows:
23		(20 ILCS 2905/3) (from Ch. 127 1/2, par. 3)
24		Sec. 3. There is created the Illinois Fire Advisory

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1		Commission which shall advise the Office in the exercise of
2		its powers and duties. The Commission shall be appointed by
3		the Governor as follows:
4		(1) 3 professional, full-time paid firefighters;
5		(2) one volunteer firefighter;
6		(3) one Fire Protection Engineer who is registered in
7		Illinois;
8		(4) one person who is a representative of the fire
9		insurance industry in Illinois;
10		(5) one person who is a representative of a registered
11		United States Department of Labor apprenticeship program
12		primarily instructing in the installation and repair of
13		fire extinguishing systems;
14		(6) one licensed operating or stationary engineer who
15		has an associate degree in facilities engineering
16		technology and has knowledge of the operation and
17		maintenance of fire alarm and fire extinguishing systems
18		primarily for the life safety of occupants in a variety of
19		commercial or residential structures; and
20		(7) 3 persons with an interest in and knowledgeable
21		about fire prevention methods.
22		In addition, the following shall serve as ex officio
23		members of the Commission: the Chicago Fire Commissioner, or
24		his or her designee; the executive officer, or his or her
25		designee, of each of the following organizations: the Illinois
26		Fire Chiefs Association, the Illinois Fire Protection District

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1		Association, the Illinois Fire Inspectors Association, the
2		Illinois Professional Firefighters Association, the Illinois
3		Firemen's Association, the Associated Firefighters of
4		Illinois, the Illinois Society of Fire Service Instructors,
5		the Illinois Chapter of the International Association of Arson
6		Investigators, the Mutual Aid Box Alarm System (MABAS)
7		Illinois, and the Fire Service Institute, University of
8		Illinois.
9		The Governor shall designate, at the time of appointment,
10		3 members to serve terms expiring on the third Monday in
11		January, 1979; 3 members to serve terms expiring the third
12		Monday in January, 1980; and 2 members to serve terms expiring
13		the third Monday in January, 1981. The additional member
14		appointed by the Governor pursuant to Public Act 85-718 shall
15		serve for a term expiring the third Monday in January, 1990.
16		Thereafter, all terms shall be for 3 years. A member shall
17		serve until his or her successor is appointed and qualified. A
18		vacancy shall be filled for the unexpired term.
19		The Governor shall designate one of the appointed members
20		to be chairperson of the Commission.
21		Members shall serve without compensation but shall be
22		reimbursed for their actual reasonable expenses incurred in
23		the performance of their duties.
24		(Source: P.A. 101-234, eff. 8-9-19; 102-269, eff. 8-6-21;
25		102-558, eff. 8-20-21; revised 10-5-21.)

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1		Section 195. The Energy Efficient Building Act is amended
2		by changing Sections 10, 15, and 30 as follows:
3		(20 ILCS 3125/10)
4		Sec. 10. Definitions.
5		"Agency" means the Environmental Protection Agency.
6		"Board" means the Capital Development Board.
7		"Building" includes both residential buildings and
8		commercial buildings.
9		"Code" means the latest published edition of the
10		International Code Council's International Energy Conservation
11		Code as adopted by the Board, including any published
12		supplements adopted by the Board and any amendments and
13		adaptations to the Code that are made by the Board.
14		"Commercial building" means any building except a building
15		that is a residential building, as defined in this Section.
16		"Municipality" means any city, village, or incorporated
17		town.
18		"Residential building" means (i) a detached one-family or
19		2-family dwelling or (ii) any building that is 3 stories or
20		less in height above grade that contains multiple dwelling
21		units, in which the occupants reside on a primarily permanent
22		basis, such as a townhouse, a row house, an apartment house, a
23		convent, a monastery, a rectory, a fraternity or sorority
24		house, a dormitory, and a rooming house; provided, however,
25		that when applied to a building located within the boundaries

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1		of a municipality having a population of 1,000,000 or more,
2		the term "residential building" means a building containing
3		one or more dwelling units, not exceeding 4 stories above
4		grade, where occupants are primarily permanent.
5		"Site energy index" means a scalar published by the
6		Pacific Northwest National Laboratories representing the ratio
7		of the site energy performance of an evaluated code compared
8		to the site energy performance of the 2006 International
9		Energy Conservation Code. A "site energy index" includes only
10		conservation measures and excludes net energy credit for any
11		on-site or off-site energy production.
12		(Source: P.A. 101-144, eff. 7-26-19; 102-444, eff. 8-20-21;
13		102-662, eff. 9-15-21; revised 10-12-21.)
14		(20 ILCS 3125/15)
15		Sec. 15. Energy Efficient Building Code. The Board, in
16		consultation with the Agency, shall adopt the Code as minimum
17		requirements for commercial buildings, applying to the
18		construction of, renovations to, and additions to all
19		commercial buildings in the State. The Board, in consultation
20		with the Agency, shall also adopt the Code as the minimum and
21		maximum requirements for residential buildings, applying to
22		the construction of, renovations to, and additions to all
23		residential buildings in the State, except as provided for in
24		Section 45 of this Act. The Board may appropriately adapt the
25		International Energy Conservation Code to apply to the

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1		particular economy, population distribution, geography, and
2		climate of the State and construction therein, consistent with
3		the public policy objectives of this Act.
4		(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21;
5		revised 10-21-21.)
6		(20 ILCS 3125/30)
7		Sec. 30. Enforcement. The Board, in consultation with the
8		Agency, shall determine procedures for compliance with the
9		Code. These procedures may include but need not be limited to
10		certification by a national, State, or local accredited energy
11		conservation program or inspections from private
12		Code-certified inspectors using the Code. For purposes of the
13		Illinois Stretch Energy Code under Section 55, the Board shall
14		allow and encourage, as an alternative compliance mechanism,
15		project certification by a nationally recognized nonprofit
16		certification organization specializing in high-performance
17		passive buildings and offering climate-specific building
18		energy standards that require equal or better energy
19		performance than the Illinois Stretch Energy Code.
20		(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21;
21		revised 10-19-21.)
22		Section 200. The Illinois Emergency Management Agency Act
23		is amended by changing Section 5 as follows:

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1		(20 ILCS 3305/5) (from Ch. 127, par. 1055)
2		Sec. 5. Illinois Emergency Management Agency.
3		(a) There is created within the executive branch of the
4		State Government an Illinois Emergency Management Agency and a
5		Director of the Illinois Emergency Management Agency, herein
6		called the "Director" who shall be the head thereof. The
7		Director shall be appointed by the Governor, with the advice
8		and consent of the Senate, and shall serve for a term of 2
9		years beginning on the third Monday in January of the
10		odd-numbered year, and until a successor is appointed and has
11		qualified; except that the term of the first Director
12		appointed under this Act shall expire on the third Monday in
13		January, 1989. The Director shall not hold any other
14		remunerative public office. For terms ending before December
15		31, 2019, the Director shall receive an annual salary as set by
16		the Compensation Review Board. For terms beginning after
17		January 18, 2019 (the effective date of Public Act 100-1179)
18		this amendatory Act of the 100th General Assembly, the annual
19		salary of the Director shall be as provided in Section 5-300 of
20		the Civil Administrative Code of Illinois.
21		(b) The Illinois Emergency Management Agency shall obtain,
22		under the provisions of the Personnel Code, technical,
23		clerical, stenographic and other administrative personnel, and
24		may make expenditures within the appropriation therefor as may
25		be necessary to carry out the purpose of this Act. The agency
26		created by this Act is intended to be a successor to the agency

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1		created under the Illinois Emergency Services and Disaster
2		Agency Act of 1975 and the personnel, equipment, records, and
3		appropriations of that agency are transferred to the successor
4		agency as of June 30, 1988 (the effective date of this Act).
5		(c) The Director, subject to the direction and control of
6		the Governor, shall be the executive head of the Illinois
7		Emergency Management Agency and the State Emergency Response
8		Commission and shall be responsible under the direction of the
9		Governor, for carrying out the program for emergency
10		management of this State. The Director shall also maintain
11		liaison and cooperate with the emergency management
12		organizations of this State and other states and of the
13		federal government.
14		(d) The Illinois Emergency Management Agency shall take an
15		integral part in the development and revision of political
16		subdivision emergency operations plans prepared under
17		paragraph (f) of Section 10. To this end it shall employ or
18		otherwise secure the services of professional and technical
19		personnel capable of providing expert assistance to the
20		emergency services and disaster agencies. These personnel
21		shall consult with emergency services and disaster agencies on
22		a regular basis and shall make field examinations of the
23		areas, circumstances, and conditions that particular political
24		subdivision emergency operations plans are intended to apply.
25		(e) The Illinois Emergency Management Agency and political
26		subdivisions shall be encouraged to form an emergency

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1		management advisory committee composed of private and public
2		personnel representing the emergency management phases of
3		mitigation, preparedness, response, and recovery. The Local
4		Emergency Planning Committee, as created under the Illinois
5		Emergency Planning and Community Right to Know Act, shall
6		serve as an advisory committee to the emergency services and
7		disaster agency or agencies serving within the boundaries of
8		that Local Emergency Planning Committee planning district for:
9		(1) the development of emergency operations plan
10		provisions for hazardous chemical emergencies; and
11		(2) the assessment of emergency response capabilities
12		related to hazardous chemical emergencies.
13		(f) The Illinois Emergency Management Agency shall:
14		(1) Coordinate the overall emergency management
15		program of the State.
16		(2) Cooperate with local governments, the federal
17		government, and any public or private agency or entity in
18		achieving any purpose of this Act and in implementing
19		emergency management programs for mitigation,
20		preparedness, response, and recovery.
21		(2.5) Develop a comprehensive emergency preparedness
22		and response plan for any nuclear accident in accordance
23		with Section 65 of the Nuclear Safety Law of 2004 and in
24		development of the Illinois Nuclear Safety Preparedness
25		program in accordance with Section 8 of the Illinois
26		Nuclear Safety Preparedness Act.

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1		(2.6) Coordinate with the Department of Public Health
2		with respect to planning for and responding to public
3		health emergencies.
4		(3) Prepare, for issuance by the Governor, executive
5		orders, proclamations, and regulations as necessary or
6		appropriate in coping with disasters.
7		(4) Promulgate rules and requirements for political
8		subdivision emergency operations plans that are not
9		inconsistent with and are at least as stringent as
10		applicable federal laws and regulations.
11		(5) Review and approve, in accordance with Illinois
12		Emergency Management Agency rules, emergency operations
13		plans for those political subdivisions required to have an
14		emergency services and disaster agency pursuant to this
15		Act.
16		(5.5) Promulgate rules and requirements for the
17		political subdivision emergency management exercises,
18		including, but not limited to, exercises of the emergency
19		operations plans.
20		(5.10) Review, evaluate, and approve, in accordance
21		with Illinois Emergency Management Agency rules, political
22		subdivision emergency management exercises for those
23		political subdivisions required to have an emergency
24		services and disaster agency pursuant to this Act.
25		(6) Determine requirements of the State and its
26		political subdivisions for food, clothing, and other

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1		necessities in event of a disaster.
2		(7) Establish a register of persons with types of
3		emergency management training and skills in mitigation,
4		preparedness, response, and recovery.
5		(8) Establish a register of government and private
6		response resources available for use in a disaster.
7		(9) Expand the Earthquake Awareness Program and its
8		efforts to distribute earthquake preparedness materials to
9		schools, political subdivisions, community groups, civic
10		organizations, and the media. Emphasis will be placed on
11		those areas of the State most at risk from an earthquake.
12		Maintain the list of all school districts, hospitals,
13		airports, power plants, including nuclear power plants,
14		lakes, dams, emergency response facilities of all types,
15		and all other major public or private structures which are
16		at the greatest risk of damage from earthquakes under
17		circumstances where the damage would cause subsequent harm
18		to the surrounding communities and residents.
19		(10) Disseminate all information, completely and
20		without delay, on water levels for rivers and streams and
21		any other data pertaining to potential flooding supplied
22		by the Division of Water Resources within the Department
23		of Natural Resources to all political subdivisions to the
24		maximum extent possible.
25		(11) Develop agreements, if feasible, with medical
26		supply and equipment firms to supply resources as are

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1		necessary to respond to an earthquake or any other
2		disaster as defined in this Act. These resources will be
3		made available upon notifying the vendor of the disaster.
4		Payment for the resources will be in accordance with
5		Section 7 of this Act. The Illinois Department of Public
6		Health shall determine which resources will be required
7		and requested.
8		(11.5) In coordination with the Illinois State Police,
9		develop and implement a community outreach program to
10		promote awareness among the State's parents and children
11		of child abduction prevention and response.
12		(12) Out of funds appropriated for these purposes,
13		award capital and non-capital grants to Illinois hospitals
14		or health care facilities located outside of a city with a
15		population in excess of 1,000,000 to be used for purposes
16		that include, but are not limited to, preparing to respond
17		to mass casualties and disasters, maintaining and
18		improving patient safety and quality of care, and
19		protecting the confidentiality of patient information. No
20		single grant for a capital expenditure shall exceed
21		$300,000. No single grant for a non-capital expenditure
22		shall exceed $100,000. In awarding such grants, preference
23		shall be given to hospitals that serve a significant
24		number of Medicaid recipients, but do not qualify for
25		disproportionate share hospital adjustment payments under
26		the Illinois Public Aid Code. To receive such a grant, a

HB5501 Engrossed - 336 - LRB102 24698 AMC 33937 b
1		hospital or health care facility must provide funding of
2		at least 50% of the cost of the project for which the grant
3		is being requested. In awarding such grants the Illinois
4		Emergency Management Agency shall consider the
5		recommendations of the Illinois Hospital Association.
6		(13) Do all other things necessary, incidental or
7		appropriate for the implementation of this Act.
8		(g) The Illinois Emergency Management Agency is authorized
9		to make grants to various higher education institutions,
10		public K-12 school districts, area vocational centers as
11		designated by the State Board of Education, inter-district
12		special education cooperatives, regional safe schools, and
13		nonpublic K-12 schools for safety and security improvements.
14		For the purpose of this subsection (g), "higher education
15		institution" means a public university, a public community
16		college, or an independent, not-for-profit or for-profit
17		higher education institution located in this State. Grants
18		made under this subsection (g) shall be paid out of moneys
19		appropriated for that purpose from the Build Illinois Bond
20		Fund. The Illinois Emergency Management Agency shall adopt
21		rules to implement this subsection (g). These rules may
22		specify: (i) the manner of applying for grants; (ii) project
23		eligibility requirements; (iii) restrictions on the use of
24		grant moneys; (iv) the manner in which the various higher
25		education institutions must account for the use of grant
26		moneys; and (v) any other provision that the Illinois

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1		Emergency Management Agency determines to be necessary or
2		useful for the administration of this subsection (g).
3		(g-5) The Illinois Emergency Management Agency is
4		authorized to make grants to not-for-profit organizations
5		which are exempt from federal income taxation under section
6		501(c)(3) of the Federal Internal Revenue Code for eligible
7		security improvements that assist the organization in
8		preventing, preparing for, or responding to acts of terrorism.
9		The Director shall establish procedures and forms by which
10		applicants may apply for a grant and procedures for
11		distributing grants to recipients. The procedures shall
12		require each applicant to do the following:
13		(1) identify and substantiate prior threats or attacks
14		by a terrorist organization, network, or cell against the
15		not-for-profit organization;
16		(2) indicate the symbolic or strategic value of one or
17		more sites that renders the site a possible target of
18		terrorism;
19		(3) discuss potential consequences to the organization
20		if the site is damaged, destroyed, or disrupted by a
21		terrorist act;
22		(4) describe how the grant will be used to integrate
23		organizational preparedness with broader State and local
24		preparedness efforts;
25		(5) submit a vulnerability assessment conducted by
26		experienced security, law enforcement, or military

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1		personnel, and a description of how the grant award will
2		be used to address the vulnerabilities identified in the
3		assessment; and
4		(6) submit any other relevant information as may be
5		required by the Director.
6		The Agency is authorized to use funds appropriated for the
7		grant program described in this subsection (g-5) to administer
8		the program.
9		(h) Except as provided in Section 17.5 of this Act, any
10		moneys received by the Agency from donations or sponsorships
11		unrelated to a disaster shall be deposited in the Emergency
12		Planning and Training Fund and used by the Agency, subject to
13		appropriation, to effectuate planning and training activities.
14		Any moneys received by the Agency from donations during a
15		disaster and intended for disaster response or recovery shall
16		be deposited into the Disaster Response and Recovery Fund and
17		used for disaster response and recovery pursuant to the
18		Disaster Relief Act.
19		(i) The Illinois Emergency Management Agency may by rule
20		assess and collect reasonable fees for attendance at
21		Agency-sponsored conferences to enable the Agency to carry out
22		the requirements of this Act. Any moneys received under this
23		subsection shall be deposited in the Emergency Planning and
24		Training Fund and used by the Agency, subject to
25		appropriation, for planning and training activities.
26		(j) The Illinois Emergency Management Agency is authorized

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1		to make grants to other State agencies, public universities,
2		units of local government, and statewide mutual aid
3		organizations to enhance statewide emergency preparedness and
4		response.
5		(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
6		revised 10-5-21.)
7		Section 205. The Nuclear Safety Law of 2004 is amended by
8		changing Section 40 as follows:
9		(20 ILCS 3310/40)
10		Sec. 40. Regulation of nuclear safety. The Illinois
11		Emergency Management Agency shall have primary responsibility
12		for the coordination and oversight of all State governmental
13		functions concerning the regulation of nuclear power,
14		including low level waste management, environmental
15		monitoring, environmental radiochemical analysis, and
16		transportation of nuclear waste. Functions performed by the
17		Illinois State Police and the Department of Transportation in
18		the area of nuclear safety, on the effective date of this Act,
19		may continue to be performed by these agencies but under the
20		direction of the Illinois Emergency Management Agency. All
21		other governmental functions regulating nuclear safety shall
22		be coordinated by the Illinois Emergency Management Agency.
23		(Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21;
24		revised 9-28-21.)

HB5501 Engrossed - 340 - LRB102 24698 AMC 33937 b
1		Section 210. The Illinois Criminal Justice Information Act
2		is amended by changing Section 7.7 as follows:
3		(20 ILCS 3930/7.7)
4		Sec. 7.7. Pretrial data collection.
5		(a) The Administrative Director of the Administrative
6		Office Officer of the Illinois Courts shall convene an
7		oversight board to be known as the Pretrial Practices Data
8		Oversight Board to oversee the collection and analysis of data
9		regarding pretrial practices in circuit court systems. The
10		Board shall include, but is not limited to, designees from the
11		Administrative Office of the Illinois Courts, the Illinois
12		Criminal Justice Information Authority, and other entities
13		that possess knowledge of pretrial practices and data
14		collection issues. Members of the Board shall serve without
15		compensation.
16		(b) The Oversight Board shall:
17		(1) identify existing pretrial data collection
18		processes in local jurisdictions;
19		(2) define, gather and maintain records of pretrial
20		data relating to the topics listed in subsection (c) from
21		circuit clerks' offices, sheriff's departments, law
22		enforcement agencies, jails, pretrial departments,
23		probation department, State's Attorneys' offices, public
24		defenders' offices and other applicable criminal justice

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1		system agencies;
2		(3) identify resources necessary to systematically
3		collect and report data related to the topics listed in
4		subsection subsections (c); and
5		(4) develop a plan to implement data collection
6		processes sufficient to collect data on the topics listed
7		in subsection (c) no later than one year after July 1, 2021
8		(the effective date of Public Act 101-652) this amendatory
9		Act of the 101st General Assembly. The plan and, once
10		implemented, the reports and analysis shall be published
11		and made publicly available on the Administrative Office
12		of the Illinois Courts (AOIC) website.
13		(c) The Pretrial Practices Data Oversight Board shall
14		develop a strategy to collect quarterly, county-level data on
15		the following topics; which collection of data shall begin
16		starting one year after July 1, 2021 (the effective date of
17		Public Act 101-652) this amendatory Act of the 101st General
18		Assembly:
19		(1) information on all persons arrested and charged
20		with misdemeanor or felony charges, or both, including
21		information on persons released directly from law
22		enforcement custody;
23		(2) information on the outcomes of pretrial conditions
24		and pretrial detention hearings in the county courts,
25		including but not limited to the number of hearings held,
26		the number of defendants detained, the number of

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1		defendants released, and the number of defendants released
2		with electronic monitoring;
3		(3) information regarding persons detained in the
4		county jail pretrial, including, but not limited to, the
5		number of persons detained in the jail pretrial and the
6		number detained in the jail for other reasons, the
7		demographics of the pretrial jail population, race, sex,
8		sexual orientation, gender identity, age, and ethnicity,
9		the charges including on which pretrial defendants are
10		detained, the average length of stay of pretrial
11		defendants;
12		(4) information regarding persons placed on electronic
13		monitoring programs pretrial, including, but not limited
14		to, the number of participants, the demographics of the
15		participant population, including race, sex, sexual
16		orientation, gender identity, age, and ethnicity, the
17		charges on which participants are ordered to the program,
18		and the average length of participation in the program;
19		(5) discharge data regarding persons detained pretrial
20		in the county jail, including, but not limited to, the
21		number who are sentenced to the Illinois Department of
22		Corrections, the number released after being sentenced to
23		time served, the number who are released on probation,
24		conditional discharge, or other community supervision, the
25		number found not guilty, the number whose cases are
26		dismissed, the number whose cases are dismissed as part of

HB5501 Engrossed - 343 - LRB102 24698 AMC 33937 b
1		diversion or deferred prosecution program, and the number
2		who are released pretrial after a hearing re-examining
3		their pretrial detention;
4		(6) information on the pretrial rearrest of
5		individuals released pretrial, including the number
6		arrested and charged with a new misdemeanor offense while
7		released, the number arrested and charged with a new
8		felony offense while released, and the number arrested and
9		charged with a new forcible felony offense while released,
10		and how long after release these arrests occurred;
11		(7) information on the pretrial failure to appear
12		rates of individuals released pretrial, including the
13		number who missed one or more court dates, how many
14		warrants for failures to appear were issued, and how many
15		individuals were detained pretrial or placed on electronic
16		monitoring pretrial after a failure to appear in court;
17		(8) what, if any, validated pretrial risk assessment
18		tools are in use in each jurisdiction, and comparisons of
19		the pretrial release and pretrial detention decisions of
20		judges as compared to and the risk assessment scores of
21		individuals; and
22		(9) any other information the Pretrial Practices Data
23		Oversight Board considers important and probative of the
24		effectiveness of pretrial practices in the State state of
25		Illinois.
26		(d) d) Circuit clerks' offices, sheriff's departments, law

HB5501 Engrossed - 344 - LRB102 24698 AMC 33937 b
1		enforcement agencies, jails, pretrial departments, probation
2		department, State's Attorneys' offices, public defenders'
3		offices and other applicable criminal justice system agencies
4		are mandated to provide data to the Administrative Office of
5		the Illinois Courts as described in subsection (c).
6		(Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)
7		Section 215. The State Finance Act is amended by setting
8		forth and renumbering multiple versions of Sections 5.935,
9		5.937, and 5.938, by setting forth, renumbering, and changing
10		multiple versions of Sections 5.936 and 6z-125, and by
11		changing Sections 6z-82, 6z-99, 8.3, and 25 as follows:
12		(30 ILCS 105/5.935)
13		Sec. 5.935. The Freedom Schools Fund.
14		(Source: P.A. 101-654, eff. 3-8-21.)
15		(30 ILCS 105/5.936)
16		Sec. 5.936. The Law Enforcement Training Fund.
17		(Source: P.A. 102-16, eff. 6-17-21.)
18		(30 ILCS 105/5.937)
19		Sec. 5.937. The Sickle Cell Chronic Disease Fund.
20		(Source: P.A. 102-4, eff. 4-27-21.)
21		(30 ILCS 105/5.938)

HB5501 Engrossed - 345 - LRB102 24698 AMC 33937 b
1		Sec. 5.938. The DoIT Special Projects Fund.
2		(Source: P.A. 102-16, eff. 6-17-21.)
3		(30 ILCS 105/5.942)
4		Sec. 5.942 5.935. The Equal Pay Registration Fund.
5		(Source: P.A. 101-656, eff. 3-23-21; revised 10-5-21.)
6		(30 ILCS 105/5.943)
7		Sec. 5.943 5.935. The Capital Facility and Technology
8		Modernization Fund.
9		(Source: P.A. 101-665, eff. 4-2-21; revised 10-5-21.)
10		(30 ILCS 105/5.944)
11		Sec. 5.944 5.935. The Managed Care Oversight Fund.
12		(Source: P.A. 102-4, Article 160, Section 160-5, eff. 4-27-21;
13		revised 10-5-21.)
14		(30 ILCS 105/5.945)
15		Sec. 5.945 5.935. The Medicaid Technical Assistance Center
16		Fund.
17		(Source: P.A. 102-4, Article 185, Section 185-90, eff.
18		4-27-21; revised 10-5-21.)
19		(30 ILCS 105/5.946)
20		Sec. 5.946 5.935. The State Police Training and Academy
21		Fund.

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1		(Source: P.A. 102-16, eff. 6-17-21; revised 10-5-21.)
2		(30 ILCS 105/5.947)
3		Sec. 5.947 5.935. The Ronald McDonald House Charities
4		Fund.
5		(Source: P.A. 102-73, eff. 7-9-21; revised 10-5-21.)
6		(30 ILCS 105/5.948)
7		Sec. 5.948 5.935. The Illinois Higher Education Savings
8		Program Fund.
9		(Source: P.A. 102-129, eff. 7-23-21; revised 10-5-21.)
10		(30 ILCS 105/5.949)
11		Sec. 5.949 5.935. The Infrastructure Development Fund.
12		(Source: P.A. 102-141, eff. 7-23-21; revised 10-5-21.)
13		(30 ILCS 105/5.950)
14		Sec. 5.950 5.935. The Water and Sewer Low-Income
15		Assistance Fund.
16		(Source: P.A. 102-262, eff. 8-6-21; revised 10-5-21.)
17		(30 ILCS 105/5.951)
18		Sec. 5.951 5.935. The Department of Juvenile Justice
19		Reimbursement and Education Fund.
20		(Source: P.A. 102-350, eff. 8-13-21; revised 10-5-21.)

HB5501 Engrossed - 347 - LRB102 24698 AMC 33937 b
1		(30 ILCS 105/5.952)
2		Sec. 5.952 5.935. The Folds of Honor Foundation Fund.
3		(Source: P.A. 102-383, eff. 1-1-22; revised 10-5-21.)
4		(30 ILCS 105/5.953)
5		Sec. 5.953 5.935. The Experimental Aircraft Association
6		Fund.
7		(Source: P.A. 102-422, eff. 8-20-21; revised 10-5-21.)
8		(30 ILCS 105/5.954)
9		Sec. 5.954 5.935. The Child Abuse Council of the Quad
10		Cities Fund.
11		(Source: P.A. 102-423, eff. 8-20-21; revised 10-5-21.)
12		(30 ILCS 105/5.955)
13		Sec. 5.955 5.935. The Illinois Health Care Workers Benefit
14		Fund.
15		(Source: P.A. 102-515, eff. 1-1-22; revised 10-5-21.)
16		(30 ILCS 105/5.956)
17		Sec. 5.956 5.935. The Pembroke Township Natural Gas
18		Investment Pilot Program Fund.
19		(Source: P.A. 102-609, eff. 8-27-21; revised 10-5-21.)
20		(30 ILCS 105/5.957)
21		Sec. 5.957 5.935. The Illinois Broadband Adoption Fund.

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1		(Source: P.A. 102-648, eff. 8-27-21; revised 10-5-21.)
2		(30 ILCS 105/5.958)
3		Sec. 5.958 5.935. The Coal to Solar and Energy Storage
4		Initiative Fund.
5		(Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)
6		(30 ILCS 105/5.959)
7		Sec. 5.959 5.936. The Illinois Small Business Fund.
8		(Source: P.A. 102-330, eff. 1-1-22; revised 10-5-21.)
9		(30 ILCS 105/5.960)
10		Sec. 5.960 5.936. The Energy Transition Assistance Fund.
11		(Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)
12		(30 ILCS 105/5.961)
13		Sec. 5.961 5.937. The Consumer Intervenor Compensation
14		Fund.
15		(Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)
16		(30 ILCS 105/5.962)
17		(This Section may contain text from a Public Act with a
18		delayed effective date)
19		Sec. 5.962 5.938. The Electronic Notarization Fund.
20		(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
21		effective date of P.A. 102-160); revised 10-5-21.)

HB5501 Engrossed - 349 - LRB102 24698 AMC 33937 b
1		(30 ILCS 105/5.963)
2		Sec. 5.963 5.938. The State Police Revocation Enforcement
3		Fund.
4		(Source: P.A. 102-237, eff. 1-1-22; revised 10-5-21.)
5		(30 ILCS 105/5.964)
6		Sec. 5.964 5.938. The Lead Service Line Replacement Fund.
7		(Source: P.A. 102-613, eff. 1-1-22; revised 10-5-21.)
8		(30 ILCS 105/6z-82)
9		Sec. 6z-82. State Police Operations Assistance Fund.
10		(a) There is created in the State treasury a special fund
11		known as the State Police Operations Assistance Fund. The Fund
12		shall receive revenue under the Criminal and Traffic
13		Assessment Act. The Fund may also receive revenue from grants,
14		donations, appropriations, and any other legal source.
15		(a-5) Notwithstanding any other provision of law to the
16		contrary, and in addition to any other transfers that may be
17		provided by law, on August 20, 2021 (the effective date of
18		Public Act 102-505) this amendatory Act of the 102nd General
19		Assembly, or as soon thereafter as practical, the State
20		Comptroller shall direct and the State Treasurer shall
21		transfer the remaining balance from the Over Dimensional Load
22		Police Escort Fund into the State Police Operations Assistance
23		Fund. Upon completion of the transfer, the Over Dimensional

HB5501 Engrossed - 350 - LRB102 24698 AMC 33937 b
1		Load Police Escort Fund is dissolved, and any future deposits
2		due to that Fund and any outstanding obligations or
3		liabilities of that Fund shall pass to the State Police
4		Operations Assistance Fund.
5		This Fund may charge, collect, and receive fees or moneys
6		as described in Section 15-312 of the Illinois Vehicle Code,
7		and receive all fees received by the Illinois State Police
8		under that Section. The moneys shall be used by the Illinois
9		State Police for its expenses in providing police escorts and
10		commercial vehicle enforcement activities.
11		(b) The Illinois State Police may use moneys in the Fund to
12		finance any of its lawful purposes or functions.
13		(c) Expenditures may be made from the Fund only as
14		appropriated by the General Assembly by law.
15		(d) Investment income that is attributable to the
16		investment of moneys in the Fund shall be retained in the Fund
17		for the uses specified in this Section.
18		(e) The State Police Operations Assistance Fund shall not
19		be subject to administrative chargebacks.
20		(f) (Blank). the Illinois
21		(g) Notwithstanding any other provision of State law to
22		the contrary, on or after July 1, 2021, in addition to any
23		other transfers that may be provided for by law, at the
24		direction of and upon notification from the Director of the
25		Illinois State Police, the State Comptroller shall direct and
26		the State Treasurer shall transfer amounts not exceeding

HB5501 Engrossed - 351 - LRB102 24698 AMC 33937 b
1		$7,000,000 into the State Police Operations Assistance Fund
2		from the State Police Services Fund.
3		(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
4		102-538, eff. 8-20-21; revised 10-22-21.)
5		(30 ILCS 105/6z-99)
6		Sec. 6z-99. The Mental Health Reporting Fund.
7		(a) There is created in the State treasury a special fund
8		known as the Mental Health Reporting Fund. The Fund shall
9		receive revenue under the Firearm Concealed Carry Act. The
10		Fund may also receive revenue from grants, pass-through
11		grants, donations, appropriations, and any other legal source.
12		(b) The Illinois State Police and Department of Human
13		Services shall coordinate to use moneys in the Fund to finance
14		their respective duties of collecting and reporting data on
15		mental health records and ensuring that mental health firearm
16		possession prohibitors are enforced as set forth under the
17		Firearm Concealed Carry Act and the Firearm Owners
18		Identification Card Act. Any surplus in the Fund beyond what
19		is necessary to ensure compliance with mental health reporting
20		under these Acts shall be used by the Department of Human
21		Services for mental health treatment programs as follows: (1)
22		50% shall be used to fund community-based mental health
23		programs aimed at reducing gun violence, community integration
24		and education, or mental health awareness and prevention,
25		including administrative costs; and (2) 50% shall be used to

HB5501 Engrossed - 352 - LRB102 24698 AMC 33937 b
1		award grants that use and promote the National School Mental
2		Health Curriculum model for school-based mental health
3		support, integration, and services.
4		(c) Investment income that is attributable to the
5		investment of moneys in the Fund shall be retained in the Fund
6		for the uses specified in this Section.
7		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
8		revised 10-26-21.)
9		(30 ILCS 105/6z-125)
10		Sec. 6z-125. State Police Training and Academy Fund. The
11		State Police Training and Academy Fund is hereby created as a
12		special fund in the State treasury. Moneys in the Fund shall
13		consist of: (i) 10% of the revenue from increasing the
14		insurance producer license fees, as provided under subsection
15		(a-5) of Section 500-135 of the Illinois Insurance Code; and
16		(ii) 10% of the moneys collected from auto insurance policy
17		fees under Section 8.6 of the Illinois Motor Vehicle Theft
18		Prevention and Insurance Verification Act. This Fund shall be
19		used by the Illinois State Police to fund training and other
20		State Police institutions, including, but not limited to,
21		forensic laboratories.
22		(Source: P.A. 102-16, eff. 6-17-21.)
23		(30 ILCS 105/6z-127)
24		Sec. 6z-127 6z-125. State Police Revocation Enforcement

HB5501 Engrossed - 353 - LRB102 24698 AMC 33937 b
1		Fund.
2		(a) The State Police Revocation Enforcement Fund is
3		established as a special fund in the State treasury. This Fund
4		is established to receive moneys from the Firearm Owners
5		Identification Card Act to enforce that Act, the Firearm
6		Concealed Carry Act, Article 24 of the Criminal Code of 2012,
7		and other firearm offenses. The Fund may also receive revenue
8		from grants, donations, appropriations, and any other legal
9		source.
10		(b) The Illinois State Police may use moneys from the Fund
11		to establish task forces and, if necessary, include other law
12		enforcement agencies, under intergovernmental contracts
13		written and executed in conformity with the Intergovernmental
14		Cooperation Act.
15		(c) The Illinois State Police may use moneys in the Fund to
16		hire and train State Police officers and for the prevention of
17		violent crime.
18		(d) The State Police Revocation Enforcement Fund is not
19		subject to administrative chargebacks.
20		(e) Law enforcement agencies that participate in Firearm
21		Owner's Identification Card revocation enforcement in the
22		Violent Crime Intelligence Task Force may apply for grants
23		from the Illinois State Police.
24		(Source: P.A. 102-237, eff. 1-1-22; revised 11-9-21.)
25		(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)

HB5501 Engrossed - 354 - LRB102 24698 AMC 33937 b
1		Sec. 8.3. Money in the Road Fund shall, if and when the
2		State of Illinois incurs any bonded indebtedness for the
3		construction of permanent highways, be set aside and used for
4		the purpose of paying and discharging annually the principal
5		and interest on that bonded indebtedness then due and payable,
6		and for no other purpose. The surplus, if any, in the Road Fund
7		after the payment of principal and interest on that bonded
8		indebtedness then annually due shall be used as follows:
9		first -- to pay the cost of administration of Chapters
10		2 through 10 of the Illinois Vehicle Code, except the cost
11		of administration of Articles I and II of Chapter 3 of that
12		Code, and to pay the costs of the Executive Ethics
13		Commission for oversight and administration of the Chief
14		Procurement Officer appointed under paragraph (2) of
15		subsection (a) of Section 10-20 of the Illinois
16		Procurement Code for transportation; and
17		secondly -- for expenses of the Department of
18		Transportation for construction, reconstruction,
19		improvement, repair, maintenance, operation, and
20		administration of highways in accordance with the
21		provisions of laws relating thereto, or for any purpose
22		related or incident to and connected therewith, including
23		the separation of grades of those highways with railroads
24		and with highways and including the payment of awards made
25		by the Illinois Workers' Compensation Commission under the
26		terms of the Workers' Compensation Act or Workers'

HB5501 Engrossed - 355 - LRB102 24698 AMC 33937 b
1		Occupational Diseases Act for injury or death of an
2		employee of the Division of Highways in the Department of
3		Transportation; or for the acquisition of land and the
4		erection of buildings for highway purposes, including the
5		acquisition of highway right-of-way or for investigations
6		to determine the reasonably anticipated future highway
7		needs; or for making of surveys, plans, specifications and
8		estimates for and in the construction and maintenance of
9		flight strips and of highways necessary to provide access
10		to military and naval reservations, to defense industries
11		and defense-industry sites, and to the sources of raw
12		materials and for replacing existing highways and highway
13		connections shut off from general public use at military
14		and naval reservations and defense-industry sites, or for
15		the purchase of right-of-way, except that the State shall
16		be reimbursed in full for any expense incurred in building
17		the flight strips; or for the operating and maintaining of
18		highway garages; or for patrolling and policing the public
19		highways and conserving the peace; or for the operating
20		expenses of the Department relating to the administration
21		of public transportation programs; or, during fiscal year
22		2021 only, for the purposes of a grant not to exceed
23		$8,394,800 to the Regional Transportation Authority on
24		behalf of PACE for the purpose of ADA/Para-transit
25		expenses; or, during fiscal year 2022 only, for the
26		purposes of a grant not to exceed $8,394,800 to the

HB5501 Engrossed - 356 - LRB102 24698 AMC 33937 b
1		Regional Transportation Authority on behalf of PACE for
2		the purpose of ADA/Para-transit expenses; or for any of
3		those purposes or any other purpose that may be provided
4		by law.
5		Appropriations for any of those purposes are payable from
6		the Road Fund. Appropriations may also be made from the Road
7		Fund for the administrative expenses of any State agency that
8		are related to motor vehicles or arise from the use of motor
9		vehicles.
10		Beginning with fiscal year 1980 and thereafter, no Road
11		Fund monies shall be appropriated to the following Departments
12		or agencies of State government for administration, grants, or
13		operations; but this limitation is not a restriction upon
14		appropriating for those purposes any Road Fund monies that are
15		eligible for federal reimbursement:
16		1. Department of Public Health;
17		2. Department of Transportation, only with respect to
18		subsidies for one-half fare Student Transportation and
19		Reduced Fare for Elderly, except fiscal year 2021 only
20		when no more than $17,570,000 may be expended and except
21		fiscal year 2022 only when no more than $17,570,000 may be
22		expended;
23		3. Department of Central Management Services, except
24		for expenditures incurred for group insurance premiums of
25		appropriate personnel;
26		4. Judicial Systems and Agencies.

HB5501 Engrossed - 357 - LRB102 24698 AMC 33937 b
1		Beginning with fiscal year 1981 and thereafter, no Road
2		Fund monies shall be appropriated to the following Departments
3		or agencies of State government for administration, grants, or
4		operations; but this limitation is not a restriction upon
5		appropriating for those purposes any Road Fund monies that are
6		eligible for federal reimbursement:
7		1. Illinois State Police, except for expenditures with
8		respect to the Division of Patrol Operations and Division
9		of Criminal Investigation;
10		2. Department of Transportation, only with respect to
11		Intercity Rail Subsidies, except fiscal year 2021 only
12		when no more than $50,000,000 may be expended and except
13		fiscal year 2022 only when no more than $50,000,000 may be
14		expended, and Rail Freight Services.
15		Beginning with fiscal year 1982 and thereafter, no Road
16		Fund monies shall be appropriated to the following Departments
17		or agencies of State government for administration, grants, or
18		operations; but this limitation is not a restriction upon
19		appropriating for those purposes any Road Fund monies that are
20		eligible for federal reimbursement: Department of Central
21		Management Services, except for awards made by the Illinois
22		Workers' Compensation Commission under the terms of the
23		Workers' Compensation Act or Workers' Occupational Diseases
24		Act for injury or death of an employee of the Division of
25		Highways in the Department of Transportation.
26		Beginning with fiscal year 1984 and thereafter, no Road

HB5501 Engrossed - 358 - LRB102 24698 AMC 33937 b
1		Fund monies shall be appropriated to the following Departments
2		or agencies of State government for administration, grants, or
3		operations; but this limitation is not a restriction upon
4		appropriating for those purposes any Road Fund monies that are
5		eligible for federal reimbursement:
6		1. Illinois State Police, except not more than 40% of
7		the funds appropriated for the Division of Patrol
8		Operations and Division of Criminal Investigation;
9		2. State Officers.
10		Beginning with fiscal year 1984 and thereafter, no Road
11		Fund monies shall be appropriated to any Department or agency
12		of State government for administration, grants, or operations
13		except as provided hereafter; but this limitation is not a
14		restriction upon appropriating for those purposes any Road
15		Fund monies that are eligible for federal reimbursement. It
16		shall not be lawful to circumvent the above appropriation
17		limitations by governmental reorganization or other methods.
18		Appropriations shall be made from the Road Fund only in
19		accordance with the provisions of this Section.
20		Money in the Road Fund shall, if and when the State of
21		Illinois incurs any bonded indebtedness for the construction
22		of permanent highways, be set aside and used for the purpose of
23		paying and discharging during each fiscal year the principal
24		and interest on that bonded indebtedness as it becomes due and
25		payable as provided in the Transportation Bond Act, and for no
26		other purpose. The surplus, if any, in the Road Fund after the

HB5501 Engrossed - 359 - LRB102 24698 AMC 33937 b
1		payment of principal and interest on that bonded indebtedness
2		then annually due shall be used as follows:
3		first -- to pay the cost of administration of Chapters
4		2 through 10 of the Illinois Vehicle Code; and
5		secondly -- no Road Fund monies derived from fees,
6		excises, or license taxes relating to registration,
7		operation and use of vehicles on public highways or to
8		fuels used for the propulsion of those vehicles, shall be
9		appropriated or expended other than for costs of
10		administering the laws imposing those fees, excises, and
11		license taxes, statutory refunds and adjustments allowed
12		thereunder, administrative costs of the Department of
13		Transportation, including, but not limited to, the
14		operating expenses of the Department relating to the
15		administration of public transportation programs, payment
16		of debts and liabilities incurred in construction and
17		reconstruction of public highways and bridges, acquisition
18		of rights-of-way for and the cost of construction,
19		reconstruction, maintenance, repair, and operation of
20		public highways and bridges under the direction and
21		supervision of the State, political subdivision, or
22		municipality collecting those monies, or during fiscal
23		year 2021 only for the purposes of a grant not to exceed
24		$8,394,800 to the Regional Transportation Authority on
25		behalf of PACE for the purpose of ADA/Para-transit
26		expenses, or during fiscal year 2022 only for the purposes

HB5501 Engrossed - 360 - LRB102 24698 AMC 33937 b
1		of a grant not to exceed $8,394,800 to the Regional
2		Transportation Authority on behalf of PACE for the purpose
3		of ADA/Para-transit expenses, and the costs for patrolling
4		and policing the public highways (by the State, political
5		subdivision, or municipality collecting that money) for
6		enforcement of traffic laws. The separation of grades of
7		such highways with railroads and costs associated with
8		protection of at-grade highway and railroad crossing shall
9		also be permissible.
10		Appropriations for any of such purposes are payable from
11		the Road Fund or the Grade Crossing Protection Fund as
12		provided in Section 8 of the Motor Fuel Tax Law.
13		Except as provided in this paragraph, beginning with
14		fiscal year 1991 and thereafter, no Road Fund monies shall be
15		appropriated to the Illinois State Police for the purposes of
16		this Section in excess of its total fiscal year 1990 Road Fund
17		appropriations for those purposes unless otherwise provided in
18		Section 5g of this Act. For fiscal years 2003, 2004, 2005,
19		2006, and 2007 only, no Road Fund monies shall be appropriated
20		to the Department of State Police for the purposes of this
21		Section in excess of $97,310,000. For fiscal year 2008 only,
22		no Road Fund monies shall be appropriated to the Department of
23		State Police for the purposes of this Section in excess of
24		$106,100,000. For fiscal year 2009 only, no Road Fund monies
25		shall be appropriated to the Department of State Police for
26		the purposes of this Section in excess of $114,700,000.

HB5501 Engrossed - 361 - LRB102 24698 AMC 33937 b
1		Beginning in fiscal year 2010, no road fund moneys shall be
2		appropriated to the Illinois State Police. It shall not be
3		lawful to circumvent this limitation on appropriations by
4		governmental reorganization or other methods unless otherwise
5		provided in Section 5g of this Act.
6		In fiscal year 1994, no Road Fund monies shall be
7		appropriated to the Secretary of State for the purposes of
8		this Section in excess of the total fiscal year 1991 Road Fund
9		appropriations to the Secretary of State for those purposes,
10		plus $9,800,000. It shall not be lawful to circumvent this
11		limitation on appropriations by governmental reorganization or
12		other method.
13		Beginning with fiscal year 1995 and thereafter, no Road
14		Fund monies shall be appropriated to the Secretary of State
15		for the purposes of this Section in excess of the total fiscal
16		year 1994 Road Fund appropriations to the Secretary of State
17		for those purposes. It shall not be lawful to circumvent this
18		limitation on appropriations by governmental reorganization or
19		other methods.
20		Beginning with fiscal year 2000, total Road Fund
21		appropriations to the Secretary of State for the purposes of
22		this Section shall not exceed the amounts specified for the
23		following fiscal years:
24 Fiscal Year 2000 $80,500,000; 25 Fiscal Year 2001 $80,500,000; 26 Fiscal Year 2002 $80,500,000;

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1 Fiscal Year 2003 $130,500,000; 2 Fiscal Year 2004 $130,500,000; 3 Fiscal Year 2005 $130,500,000; 4 Fiscal Year 2006 $130,500,000; 5 Fiscal Year 2007 $130,500,000; 6 Fiscal Year 2008 $130,500,000; 7 Fiscal Year 2009 $130,500,000.
8		For fiscal year 2010, no road fund moneys shall be
9		appropriated to the Secretary of State.
10		Beginning in fiscal year 2011, moneys in the Road Fund
11		shall be appropriated to the Secretary of State for the
12		exclusive purpose of paying refunds due to overpayment of fees
13		related to Chapter 3 of the Illinois Vehicle Code unless
14		otherwise provided for by law.
15		It shall not be lawful to circumvent this limitation on
16		appropriations by governmental reorganization or other
17		methods.
18		No new program may be initiated in fiscal year 1991 and
19		thereafter that is not consistent with the limitations imposed
20		by this Section for fiscal year 1984 and thereafter, insofar
21		as appropriation of Road Fund monies is concerned.
22		Nothing in this Section prohibits transfers from the Road
23		Fund to the State Construction Account Fund under Section 5e
24		of this Act; nor to the General Revenue Fund, as authorized by
25		Public Act 93-25.
26		The additional amounts authorized for expenditure in this

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1		Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
2		shall be repaid to the Road Fund from the General Revenue Fund
3		in the next succeeding fiscal year that the General Revenue
4		Fund has a positive budgetary balance, as determined by
5		generally accepted accounting principles applicable to
6		government.
7		The additional amounts authorized for expenditure by the
8		Secretary of State and the Department of State Police in this
9		Section by Public Act 94-91 shall be repaid to the Road Fund
10		from the General Revenue Fund in the next succeeding fiscal
11		year that the General Revenue Fund has a positive budgetary
12		balance, as determined by generally accepted accounting
13		principles applicable to government.
14		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
15		102-16, eff. 6-17-21; 102-538, eff. 8-20-21; revised
16		10-15-21.)
17		(30 ILCS 105/25) (from Ch. 127, par. 161)
18		Sec. 25. Fiscal year limitations.
19		(a) All appropriations shall be available for expenditure
20		for the fiscal year or for a lesser period if the Act making
21		that appropriation so specifies. A deficiency or emergency
22		appropriation shall be available for expenditure only through
23		June 30 of the year when the Act making that appropriation is
24		enacted unless that Act otherwise provides.
25		(b) Outstanding liabilities as of June 30, payable from

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1		appropriations which have otherwise expired, may be paid out
2		of the expiring appropriations during the 2-month period
3		ending at the close of business on August 31. Any service
4		involving professional or artistic skills or any personal
5		services by an employee whose compensation is subject to
6		income tax withholding must be performed as of June 30 of the
7		fiscal year in order to be considered an "outstanding
8		liability as of June 30" that is thereby eligible for payment
9		out of the expiring appropriation.
10		(b-1) However, payment of tuition reimbursement claims
11		under Section 14-7.03 or 18-3 of the School Code may be made by
12		the State Board of Education from its appropriations for those
13		respective purposes for any fiscal year, even though the
14		claims reimbursed by the payment may be claims attributable to
15		a prior fiscal year, and payments may be made at the direction
16		of the State Superintendent of Education from the fund from
17		which the appropriation is made without regard to any fiscal
18		year limitations, except as required by subsection (j) of this
19		Section. Beginning on June 30, 2021, payment of tuition
20		reimbursement claims under Section 14-7.03 or 18-3 of the
21		School Code as of June 30, payable from appropriations that
22		have otherwise expired, may be paid out of the expiring
23		appropriation during the 4-month period ending at the close of
24		business on October 31.
25		(b-2) (Blank).
26		(b-2.5) (Blank).

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1		(b-2.6) (Blank).
2		(b-2.6a) (Blank).
3		(b-2.6b) (Blank).
4		(b-2.6c) (Blank).
5		(b-2.6d) All outstanding liabilities as of June 30, 2020,
6		payable from appropriations that would otherwise expire at the
7		conclusion of the lapse period for fiscal year 2020, and
8		interest penalties payable on those liabilities under the
9		State Prompt Payment Act, may be paid out of the expiring
10		appropriations until December 31, 2020, without regard to the
11		fiscal year in which the payment is made, as long as vouchers
12		for the liabilities are received by the Comptroller no later
13		than September 30, 2020.
14		(b-2.6e) All outstanding liabilities as of June 30, 2021,
15		payable from appropriations that would otherwise expire at the
16		conclusion of the lapse period for fiscal year 2021, and
17		interest penalties payable on those liabilities under the
18		State Prompt Payment Act, may be paid out of the expiring
19		appropriations until September 30, 2021, without regard to the
20		fiscal year in which the payment is made.
21		(b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019,
22		2020, 2021, and 2022, interest penalties payable under the
23		State Prompt Payment Act associated with a voucher for which
24		payment is issued after June 30 may be paid out of the next
25		fiscal year's appropriation. The future year appropriation
26		must be for the same purpose and from the same fund as the

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1		original payment. An interest penalty voucher submitted
2		against a future year appropriation must be submitted within
3		60 days after the issuance of the associated voucher, except
4		that, for fiscal year 2018 only, an interest penalty voucher
5		submitted against a future year appropriation must be
6		submitted within 60 days of June 5, 2019 (the effective date of
7		Public Act 101-10). The Comptroller must issue the interest
8		payment within 60 days after acceptance of the interest
9		voucher.
10		(b-3) Medical payments may be made by the Department of
11		Veterans' Affairs from its appropriations for those purposes
12		for any fiscal year, without regard to the fact that the
13		medical services being compensated for by such payment may
14		have been rendered in a prior fiscal year, except as required
15		by subsection (j) of this Section. Beginning on June 30, 2021,
16		medical payments payable from appropriations that have
17		otherwise expired may be paid out of the expiring
18		appropriation during the 4-month period ending at the close of
19		business on October 31.
20		(b-4) Medical payments and child care payments may be made
21		by the Department of Human Services (as successor to the
22		Department of Public Aid) from appropriations for those
23		purposes for any fiscal year, without regard to the fact that
24		the medical or child care services being compensated for by
25		such payment may have been rendered in a prior fiscal year; and
26		payments may be made at the direction of the Department of

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1		Healthcare and Family Services (or successor agency) from the
2		Health Insurance Reserve Fund without regard to any fiscal
3		year limitations, except as required by subsection (j) of this
4		Section. Beginning on June 30, 2021, medical and child care
5		payments made by the Department of Human Services and payments
6		made at the discretion of the Department of Healthcare and
7		Family Services (or successor agency) from the Health
8		Insurance Reserve Fund and payable from appropriations that
9		have otherwise expired may be paid out of the expiring
10		appropriation during the 4-month period ending at the close of
11		business on October 31.
12		(b-5) Medical payments may be made by the Department of
13		Human Services from its appropriations relating to substance
14		abuse treatment services for any fiscal year, without regard
15		to the fact that the medical services being compensated for by
16		such payment may have been rendered in a prior fiscal year,
17		provided the payments are made on a fee-for-service basis
18		consistent with requirements established for Medicaid
19		reimbursement by the Department of Healthcare and Family
20		Services, except as required by subsection (j) of this
21		Section. Beginning on June 30, 2021, medical payments made by
22		the Department of Human Services relating to substance abuse
23		treatment services payable from appropriations that have
24		otherwise expired may be paid out of the expiring
25		appropriation during the 4-month period ending at the close of
26		business on October 31.

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1		(b-6) (Blank).
2		(b-7) Payments may be made in accordance with a plan
3		authorized by paragraph (11) or (12) of Section 405-105 of the
4		Department of Central Management Services Law from
5		appropriations for those payments without regard to fiscal
6		year limitations.
7		(b-8) Reimbursements to eligible airport sponsors for the
8		construction or upgrading of Automated Weather Observation
9		Systems may be made by the Department of Transportation from
10		appropriations for those purposes for any fiscal year, without
11		regard to the fact that the qualification or obligation may
12		have occurred in a prior fiscal year, provided that at the time
13		the expenditure was made the project had been approved by the
14		Department of Transportation prior to June 1, 2012 and, as a
15		result of recent changes in federal funding formulas, can no
16		longer receive federal reimbursement.
17		(b-9) (Blank).
18		(c) Further, payments may be made by the Department of
19		Public Health and the Department of Human Services (acting as
20		successor to the Department of Public Health under the
21		Department of Human Services Act) from their respective
22		appropriations for grants for medical care to or on behalf of
23		premature and high-mortality risk infants and their mothers
24		and for grants for supplemental food supplies provided under
25		the United States Department of Agriculture Women, Infants and
26		Children Nutrition Program, for any fiscal year without regard

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1		to the fact that the services being compensated for by such
2		payment may have been rendered in a prior fiscal year, except
3		as required by subsection (j) of this Section. Beginning on
4		June 30, 2021, payments made by the Department of Public
5		Health and the Department of Human Services from their
6		respective appropriations for grants for medical care to or on
7		behalf of premature and high-mortality risk infants and their
8		mothers and for grants for supplemental food supplies provided
9		under the United States Department of Agriculture Women,
10		Infants and Children Nutrition Program payable from
11		appropriations that have otherwise expired may be paid out of
12		the expiring appropriations during the 4-month period ending
13		at the close of business on October 31.
14		(d) The Department of Public Health and the Department of
15		Human Services (acting as successor to the Department of
16		Public Health under the Department of Human Services Act)
17		shall each annually submit to the State Comptroller, Senate
18		President, Senate Minority Leader, Speaker of the House, House
19		Minority Leader, and the respective Chairmen and Minority
20		Spokesmen of the Appropriations Committees of the Senate and
21		the House, on or before December 31, a report of fiscal year
22		funds used to pay for services provided in any prior fiscal
23		year. This report shall document by program or service
24		category those expenditures from the most recently completed
25		fiscal year used to pay for services provided in prior fiscal
26		years.

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1		(e) The Department of Healthcare and Family Services, the
2		Department of Human Services (acting as successor to the
3		Department of Public Aid), and the Department of Human
4		Services making fee-for-service payments relating to substance
5		abuse treatment services provided during a previous fiscal
6		year shall each annually submit to the State Comptroller,
7		Senate President, Senate Minority Leader, Speaker of the
8		House, House Minority Leader, the respective Chairmen and
9		Minority Spokesmen of the Appropriations Committees of the
10		Senate and the House, on or before November 30, a report that
11		shall document by program or service category those
12		expenditures from the most recently completed fiscal year used
13		to pay for (i) services provided in prior fiscal years and (ii)
14		services for which claims were received in prior fiscal years.
15		(f) The Department of Human Services (as successor to the
16		Department of Public Aid) shall annually submit to the State
17		Comptroller, Senate President, Senate Minority Leader, Speaker
18		of the House, House Minority Leader, and the respective
19		Chairmen and Minority Spokesmen of the Appropriations
20		Committees of the Senate and the House, on or before December
21		31, a report of fiscal year funds used to pay for services
22		(other than medical care) provided in any prior fiscal year.
23		This report shall document by program or service category
24		those expenditures from the most recently completed fiscal
25		year used to pay for services provided in prior fiscal years.
26		(g) In addition, each annual report required to be

HB5501 Engrossed - 371 - LRB102 24698 AMC 33937 b
1		submitted by the Department of Healthcare and Family Services
2		under subsection (e) shall include the following information
3		with respect to the State's Medicaid program:
4		(1) Explanations of the exact causes of the variance
5		between the previous year's estimated and actual
6		liabilities.
7		(2) Factors affecting the Department of Healthcare and
8		Family Services' liabilities, including, but not limited
9		to, numbers of aid recipients, levels of medical service
10		utilization by aid recipients, and inflation in the cost
11		of medical services.
12		(3) The results of the Department's efforts to combat
13		fraud and abuse.
14		(h) As provided in Section 4 of the General Assembly
15		Compensation Act, any utility bill for service provided to a
16		General Assembly member's district office for a period
17		including portions of 2 consecutive fiscal years may be paid
18		from funds appropriated for such expenditure in either fiscal
19		year.
20		(i) An agency which administers a fund classified by the
21		Comptroller as an internal service fund may issue rules for:
22		(1) billing user agencies in advance for payments or
23		authorized inter-fund transfers based on estimated charges
24		for goods or services;
25		(2) issuing credits, refunding through inter-fund
26		transfers, or reducing future inter-fund transfers during

HB5501 Engrossed - 372 - LRB102 24698 AMC 33937 b
1		the subsequent fiscal year for all user agency payments or
2		authorized inter-fund transfers received during the prior
3		fiscal year which were in excess of the final amounts owed
4		by the user agency for that period; and
5		(3) issuing catch-up billings to user agencies during
6		the subsequent fiscal year for amounts remaining due when
7		payments or authorized inter-fund transfers received from
8		the user agency during the prior fiscal year were less
9		than the total amount owed for that period.
10		User agencies are authorized to reimburse internal service
11		funds for catch-up billings by vouchers drawn against their
12		respective appropriations for the fiscal year in which the
13		catch-up billing was issued or by increasing an authorized
14		inter-fund transfer during the current fiscal year. For the
15		purposes of this Act, "inter-fund transfers" means transfers
16		without the use of the voucher-warrant process, as authorized
17		by Section 9.01 of the State Comptroller Act.
18		(i-1) Beginning on July 1, 2021, all outstanding
19		liabilities, not payable during the 4-month lapse period as
20		described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
21		of this Section, that are made from appropriations for that
22		purpose for any fiscal year, without regard to the fact that
23		the services being compensated for by those payments may have
24		been rendered in a prior fiscal year, are limited to only those
25		claims that have been incurred but for which a proper bill or
26		invoice as defined by the State Prompt Payment Act has not been

HB5501 Engrossed - 373 - LRB102 24698 AMC 33937 b
1		received by September 30th following the end of the fiscal
2		year in which the service was rendered.
3		(j) Notwithstanding any other provision of this Act, the
4		aggregate amount of payments to be made without regard for
5		fiscal year limitations as contained in subsections (b-1),
6		(b-3), (b-4), (b-5), and (c) of this Section, and determined
7		by using Generally Accepted Accounting Principles, shall not
8		exceed the following amounts:
9		(1) $6,000,000,000 for outstanding liabilities related
10		to fiscal year 2012;
11		(2) $5,300,000,000 for outstanding liabilities related
12		to fiscal year 2013;
13		(3) $4,600,000,000 for outstanding liabilities related
14		to fiscal year 2014;
15		(4) $4,000,000,000 for outstanding liabilities related
16		to fiscal year 2015;
17		(5) $3,300,000,000 for outstanding liabilities related
18		to fiscal year 2016;
19		(6) $2,600,000,000 for outstanding liabilities related
20		to fiscal year 2017;
21		(7) $2,000,000,000 for outstanding liabilities related
22		to fiscal year 2018;
23		(8) $1,300,000,000 for outstanding liabilities related
24		to fiscal year 2019;
25		(9) $600,000,000 for outstanding liabilities related
26		to fiscal year 2020; and

HB5501 Engrossed - 374 - LRB102 24698 AMC 33937 b
1		(10) $0 for outstanding liabilities related to fiscal
2		year 2021 and fiscal years thereafter.
3		(k) Department of Healthcare and Family Services Medical
4		Assistance Payments.
5		(1) Definition of Medical Assistance.
6		For purposes of this subsection, the term "Medical
7		Assistance" shall include, but not necessarily be
8		limited to, medical programs and services authorized
9		under Titles XIX and XXI of the Social Security Act,
10		the Illinois Public Aid Code, the Children's Health
11		Insurance Program Act, the Covering ALL KIDS Health
12		Insurance Act, the Long Term Acute Care Hospital
13		Quality Improvement Transfer Program Act, and medical
14		care to or on behalf of persons suffering from chronic
15		renal disease, persons suffering from hemophilia, and
16		victims of sexual assault.
17		(2) Limitations on Medical Assistance payments that
18		may be paid from future fiscal year appropriations.
19		(A) The maximum amounts of annual unpaid Medical
20		Assistance bills received and recorded by the
21		Department of Healthcare and Family Services on or
22		before June 30th of a particular fiscal year
23		attributable in aggregate to the General Revenue Fund,
24		Healthcare Provider Relief Fund, Tobacco Settlement
25		Recovery Fund, Long-Term Care Provider Fund, and the
26		Drug Rebate Fund that may be paid in total by the

HB5501 Engrossed - 375 - LRB102 24698 AMC 33937 b
1		Department from future fiscal year Medical Assistance
2		appropriations to those funds are: $700,000,000 for
3		fiscal year 2013 and $100,000,000 for fiscal year 2014
4		and each fiscal year thereafter.
5		(B) Bills for Medical Assistance services rendered
6		in a particular fiscal year, but received and recorded
7		by the Department of Healthcare and Family Services
8		after June 30th of that fiscal year, may be paid from
9		either appropriations for that fiscal year or future
10		fiscal year appropriations for Medical Assistance.
11		Such payments shall not be subject to the requirements
12		of subparagraph (A).
13		(C) Medical Assistance bills received by the
14		Department of Healthcare and Family Services in a
15		particular fiscal year, but subject to payment amount
16		adjustments in a future fiscal year may be paid from a
17		future fiscal year's appropriation for Medical
18		Assistance. Such payments shall not be subject to the
19		requirements of subparagraph (A).
20		(D) Medical Assistance payments made by the
21		Department of Healthcare and Family Services from
22		funds other than those specifically referenced in
23		subparagraph (A) may be made from appropriations for
24		those purposes for any fiscal year without regard to
25		the fact that the Medical Assistance services being
26		compensated for by such payment may have been rendered

HB5501 Engrossed - 376 - LRB102 24698 AMC 33937 b
1		in a prior fiscal year. Such payments shall not be
2		subject to the requirements of subparagraph (A).
3		(3) Extended lapse period for Department of Healthcare
4		and Family Services Medical Assistance payments.
5		Notwithstanding any other State law to the contrary,
6		outstanding Department of Healthcare and Family Services
7		Medical Assistance liabilities, as of June 30th, payable
8		from appropriations which have otherwise expired, may be
9		paid out of the expiring appropriations during the 4-month
10		period ending at the close of business on October 31st.
11		(l) The changes to this Section made by Public Act 97-691
12		shall be effective for payment of Medical Assistance bills
13		incurred in fiscal year 2013 and future fiscal years. The
14		changes to this Section made by Public Act 97-691 shall not be
15		applied to Medical Assistance bills incurred in fiscal year
16		2012 or prior fiscal years.
17		(m) The Comptroller must issue payments against
18		outstanding liabilities that were received prior to the lapse
19		period deadlines set forth in this Section as soon thereafter
20		as practical, but no payment may be issued after the 4 months
21		following the lapse period deadline without the signed
22		authorization of the Comptroller and the Governor.
23		(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19;
24		101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff.
25		8-6-21; revised 9-28-21.)

HB5501 Engrossed - 377 - LRB102 24698 AMC 33937 b
1		Section 220. The Illinois Procurement Code is amended by
2		changing Section 1-10 as follows:
3		(30 ILCS 500/1-10)
4		Sec. 1-10. Application.
5		(a) This Code applies only to procurements for which
6		bidders, offerors, potential contractors, or contractors were
7		first solicited on or after July 1, 1998. This Code shall not
8		be construed to affect or impair any contract, or any
9		provision of a contract, entered into based on a solicitation
10		prior to the implementation date of this Code as described in
11		Article 99, including, but not limited to, any covenant
12		entered into with respect to any revenue bonds or similar
13		instruments. All procurements for which contracts are
14		solicited between the effective date of Articles 50 and 99 and
15		July 1, 1998 shall be substantially in accordance with this
16		Code and its intent.
17		(b) This Code shall apply regardless of the source of the
18		funds with which the contracts are paid, including federal
19		assistance moneys. This Code shall not apply to:
20		(1) Contracts between the State and its political
21		subdivisions or other governments, or between State
22		governmental bodies, except as specifically provided in
23		this Code.
24		(2) Grants, except for the filing requirements of
25		Section 20-80.

HB5501 Engrossed - 378 - LRB102 24698 AMC 33937 b
1		(3) Purchase of care, except as provided in Section
2		5-30.6 of the Illinois Public Aid Code and this Section.
3		(4) Hiring of an individual as an employee and not as
4		an independent contractor, whether pursuant to an
5		employment code or policy or by contract directly with
6		that individual.
7		(5) Collective bargaining contracts.
8		(6) Purchase of real estate, except that notice of
9		this type of contract with a value of more than $25,000
10		must be published in the Procurement Bulletin within 10
11		calendar days after the deed is recorded in the county of
12		jurisdiction. The notice shall identify the real estate
13		purchased, the names of all parties to the contract, the
14		value of the contract, and the effective date of the
15		contract.
16		(7) Contracts necessary to prepare for anticipated
17		litigation, enforcement actions, or investigations,
18		provided that the chief legal counsel to the Governor
19		shall give his or her prior approval when the procuring
20		agency is one subject to the jurisdiction of the Governor,
21		and provided that the chief legal counsel of any other
22		procuring entity subject to this Code shall give his or
23		her prior approval when the procuring entity is not one
24		subject to the jurisdiction of the Governor.
25		(8) (Blank).
26		(9) Procurement expenditures by the Illinois

HB5501 Engrossed - 379 - LRB102 24698 AMC 33937 b
1		Conservation Foundation when only private funds are used.
2		(10) (Blank).
3		(11) Public-private agreements entered into according
4		to the procurement requirements of Section 20 of the
5		Public-Private Partnerships for Transportation Act and
6		design-build agreements entered into according to the
7		procurement requirements of Section 25 of the
8		Public-Private Partnerships for Transportation Act.
9		(12) (A) Contracts for legal, financial, and other
10		professional and artistic services entered into by the
11		Illinois Finance Authority in which the State of Illinois
12		is not obligated. Such contracts shall be awarded through
13		a competitive process authorized by the members of the
14		Illinois Finance Authority and are subject to Sections
15		5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
16		as well as the final approval by the members of the
17		Illinois Finance Authority of the terms of the contract.
18		(B) Contracts for legal and financial services entered
19		into by the Illinois Housing Development Authority in
20		connection with the issuance of bonds in which the State
21		of Illinois is not obligated. Such contracts shall be
22		awarded through a competitive process authorized by the
23		members of the Illinois Housing Development Authority and
24		are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
25		and 50-37 of this Code, as well as the final approval by
26		the members of the Illinois Housing Development Authority

HB5501 Engrossed - 380 - LRB102 24698 AMC 33937 b
1		of the terms of the contract.
2		(13) Contracts for services, commodities, and
3		equipment to support the delivery of timely forensic
4		science services in consultation with and subject to the
5		approval of the Chief Procurement Officer as provided in
6		subsection (d) of Section 5-4-3a of the Unified Code of
7		Corrections, except for the requirements of Sections
8		20-60, 20-65, 20-70, and 20-160 and Article 50 of this
9		Code; however, the Chief Procurement Officer may, in
10		writing with justification, waive any certification
11		required under Article 50 of this Code. For any contracts
12		for services which are currently provided by members of a
13		collective bargaining agreement, the applicable terms of
14		the collective bargaining agreement concerning
15		subcontracting shall be followed.
16		On and after January 1, 2019, this paragraph (13),
17		except for this sentence, is inoperative.
18		(14) Contracts for participation expenditures required
19		by a domestic or international trade show or exhibition of
20		an exhibitor, member, or sponsor.
21		(15) Contracts with a railroad or utility that
22		requires the State to reimburse the railroad or utilities
23		for the relocation of utilities for construction or other
24		public purpose. Contracts included within this paragraph
25		(15) shall include, but not be limited to, those
26		associated with: relocations, crossings, installations,

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1		and maintenance. For the purposes of this paragraph (15),
2		"railroad" means any form of non-highway ground
3		transportation that runs on rails or electromagnetic
4		guideways and "utility" means: (1) public utilities as
5		defined in Section 3-105 of the Public Utilities Act, (2)
6		telecommunications carriers as defined in Section 13-202
7		of the Public Utilities Act, (3) electric cooperatives as
8		defined in Section 3.4 of the Electric Supplier Act, (4)
9		telephone or telecommunications cooperatives as defined in
10		Section 13-212 of the Public Utilities Act, (5) rural
11		water or waste water systems with 10,000 connections or
12		less, (6) a holder as defined in Section 21-201 of the
13		Public Utilities Act, and (7) municipalities owning or
14		operating utility systems consisting of public utilities
15		as that term is defined in Section 11-117-2 of the
16		Illinois Municipal Code.
17		(16) Procurement expenditures necessary for the
18		Department of Public Health to provide the delivery of
19		timely newborn screening services in accordance with the
20		Newborn Metabolic Screening Act.
21		(17) Procurement expenditures necessary for the
22		Department of Agriculture, the Department of Financial and
23		Professional Regulation, the Department of Human Services,
24		and the Department of Public Health to implement the
25		Compassionate Use of Medical Cannabis Program and Opioid
26		Alternative Pilot Program requirements and ensure access

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1		to medical cannabis for patients with debilitating medical
2		conditions in accordance with the Compassionate Use of
3		Medical Cannabis Program Act.
4		(18) This Code does not apply to any procurements
5		necessary for the Department of Agriculture, the
6		Department of Financial and Professional Regulation, the
7		Department of Human Services, the Department of Commerce
8		and Economic Opportunity, and the Department of Public
9		Health to implement the Cannabis Regulation and Tax Act if
10		the applicable agency has made a good faith determination
11		that it is necessary and appropriate for the expenditure
12		to fall within this exemption and if the process is
13		conducted in a manner substantially in accordance with the
14		requirements of Sections 20-160, 25-60, 30-22, 50-5,
15		50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
16		50-36, 50-37, 50-38, and 50-50 of this Code; however, for
17		Section 50-35, compliance applies only to contracts or
18		subcontracts over $100,000. Notice of each contract
19		entered into under this paragraph (18) that is related to
20		the procurement of goods and services identified in
21		paragraph (1) through (9) of this subsection shall be
22		published in the Procurement Bulletin within 14 calendar
23		days after contract execution. The Chief Procurement
24		Officer shall prescribe the form and content of the
25		notice. Each agency shall provide the Chief Procurement
26		Officer, on a monthly basis, in the form and content

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1		prescribed by the Chief Procurement Officer, a report of
2		contracts that are related to the procurement of goods and
3		services identified in this subsection. At a minimum, this
4		report shall include the name of the contractor, a
5		description of the supply or service provided, the total
6		amount of the contract, the term of the contract, and the
7		exception to this Code utilized. A copy of any or all of
8		these contracts shall be made available to the Chief
9		Procurement Officer immediately upon request. The Chief
10		Procurement Officer shall submit a report to the Governor
11		and General Assembly no later than November 1 of each year
12		that includes, at a minimum, an annual summary of the
13		monthly information reported to the Chief Procurement
14		Officer. This exemption becomes inoperative 5 years after
15		June 25, 2019 (the effective date of Public Act 101-27).
16		(19) Acquisition of modifications or adjustments,
17		limited to assistive technology devices and assistive
18		technology services, adaptive equipment, repairs, and
19		replacement parts to provide reasonable accommodations (i)
20		that enable a qualified applicant with a disability to
21		complete the job application process and be considered for
22		the position such qualified applicant desires, (ii) that
23		modify or adjust the work environment to enable a
24		qualified current employee with a disability to perform
25		the essential functions of the position held by that
26		employee, (iii) to enable a qualified current employee

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1		with a disability to enjoy equal benefits and privileges
2		of employment as are enjoyed by its other similarly
3		situated employees without disabilities, and (iv) that
4		allow a customer, client, claimant, or member of the
5		public seeking State services full use and enjoyment of
6		and access to its programs, services, or benefits.
7		For purposes of this paragraph (19):
8		"Assistive technology devices" means any item, piece
9		of equipment, or product system, whether acquired
10		commercially off the shelf, modified, or customized, that
11		is used to increase, maintain, or improve functional
12		capabilities of individuals with disabilities.
13		"Assistive technology services" means any service that
14		directly assists an individual with a disability in
15		selection, acquisition, or use of an assistive technology
16		device.
17		"Qualified" has the same meaning and use as provided
18		under the federal Americans with Disabilities Act when
19		describing an individual with a disability.
20		(20) (19) Procurement expenditures necessary for the
21		Illinois Commerce Commission to hire third-party
22		facilitators pursuant to Sections 16-105.17 and Section
23		16-108.18 of the Public Utilities Act or an ombudsman
24		pursuant to Section 16-107.5 of the Public Utilities Act,
25		a facilitator pursuant to Section 16-105.17 of the Public
26		Utilities Act, or a grid auditor pursuant to Section

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1		16-105.10 of the Public Utilities Act.
2		Notwithstanding any other provision of law, for contracts
3		entered into on or after October 1, 2017 under an exemption
4		provided in any paragraph of this subsection (b), except
5		paragraph (1), (2), or (5), each State agency shall post to the
6		appropriate procurement bulletin the name of the contractor, a
7		description of the supply or service provided, the total
8		amount of the contract, the term of the contract, and the
9		exception to the Code utilized. The chief procurement officer
10		shall submit a report to the Governor and General Assembly no
11		later than November 1 of each year that shall include, at a
12		minimum, an annual summary of the monthly information reported
13		to the chief procurement officer.
14		(c) This Code does not apply to the electric power
15		procurement process provided for under Section 1-75 of the
16		Illinois Power Agency Act and Section 16-111.5 of the Public
17		Utilities Act.
18		(d) Except for Section 20-160 and Article 50 of this Code,
19		and as expressly required by Section 9.1 of the Illinois
20		Lottery Law, the provisions of this Code do not apply to the
21		procurement process provided for under Section 9.1 of the
22		Illinois Lottery Law.
23		(e) This Code does not apply to the process used by the
24		Capital Development Board to retain a person or entity to
25		assist the Capital Development Board with its duties related
26		to the determination of costs of a clean coal SNG brownfield

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1		facility, as defined by Section 1-10 of the Illinois Power
2		Agency Act, as required in subsection (h-3) of Section 9-220
3		of the Public Utilities Act, including calculating the range
4		of capital costs, the range of operating and maintenance
5		costs, or the sequestration costs or monitoring the
6		construction of clean coal SNG brownfield facility for the
7		full duration of construction.
8		(f) (Blank).
9		(g) (Blank).
10		(h) This Code does not apply to the process to procure or
11		contracts entered into in accordance with Sections 11-5.2 and
12		11-5.3 of the Illinois Public Aid Code.
13		(i) Each chief procurement officer may access records
14		necessary to review whether a contract, purchase, or other
15		expenditure is or is not subject to the provisions of this
16		Code, unless such records would be subject to attorney-client
17		privilege.
18		(j) This Code does not apply to the process used by the
19		Capital Development Board to retain an artist or work or works
20		of art as required in Section 14 of the Capital Development
21		Board Act.
22		(k) This Code does not apply to the process to procure
23		contracts, or contracts entered into, by the State Board of
24		Elections or the State Electoral Board for hearing officers
25		appointed pursuant to the Election Code.
26		(l) This Code does not apply to the processes used by the

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1		Illinois Student Assistance Commission to procure supplies and
2		services paid for from the private funds of the Illinois
3		Prepaid Tuition Fund. As used in this subsection (l), "private
4		funds" means funds derived from deposits paid into the
5		Illinois Prepaid Tuition Trust Fund and the earnings thereon.
6		(m) This Code shall apply regardless of the source of
7		funds with which contracts are paid, including federal
8		assistance moneys. Except as specifically provided in this
9		Code, this Code shall not apply to procurement expenditures
10		necessary for the Department of Public Health to conduct the
11		Healthy Illinois Survey in accordance with Section 2310-431 of
12		the Department of Public Health Powers and Duties Law of the
13		Civil Administrative Code of Illinois.
14		(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
15		101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
16		1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
17		eff. 9-15-21; revised 11-23-21.)
18		Section 225. The State Property Control Act is amended by
19		changing Sections 7b and 7c as follows:
20		(30 ILCS 605/7b)
21		Sec. 7b. Maintenance and operation of Illinois State
22		Police vehicles. All proceeds received by the Department of
23		Central Management Services under this Act from the sale of
24		vehicles operated by the Illinois State Police shall be

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1		deposited into the State Police Vehicle Fund. Illinois
2		(Source: P.A. 101-636, eff. 6-10-20; 102-505, eff. 8-20-21;
3		102-538, eff. 8-20-21; revised 10-28-21.)
4		(30 ILCS 605/7c)
5		Sec. 7c. Acquisition of Illinois State Police vehicles.
6		(a) The State Police Vehicle Fund is created as a special
7		fund in the State treasury. All moneys in the Fund, subject to
8		appropriation, shall be used by the Illinois State Police:
9		(1) for the acquisition of vehicles for the Illinois
10		State Police;
11		(2) for debt service on bonds issued to finance the
12		acquisition of vehicles for the Illinois State Police; or
13		(3) for the maintenance and operation of vehicles for
14		the Illinois State Police.
15		(b) Notwithstanding any other provision of law to the
16		contrary, and in addition to any other transfers that may be
17		provided by law, on August 20, 2021 (the effective date of
18		Public Act 102-505) this amendatory Act of the 102nd General
19		Assembly, or as soon thereafter as practicable, the State
20		Comptroller shall direct and the State Treasurer shall
21		transfer the remaining balance from the State Police Vehicle
22		Maintenance Fund into the State Police Vehicle Fund. Upon
23		completion of the transfer, the State Police Vehicle
24		Maintenance Fund is dissolved, and any future deposits due to
25		that Fund and any outstanding obligations or liabilities of

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1		that Fund shall pass to the State Police Vehicle Fund.
2		(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
3		revised 11-2-21.)
4		Section 230. The Grant Accountability and Transparency Act
5		is amended by changing Sections 20 and 45 as follows:
6		(30 ILCS 708/20)
7		Sec. 20. Adoption of federal rules applicable to grants.
8		(a) On or before July 1, 2016, the Governor's Office of
9		Management and Budget, with the advice and technical
10		assistance of the Illinois Single Audit Commission, shall
11		adopt rules which adopt the Uniform Guidance at 2 CFR 200. The
12		rules, which shall apply to all State and federal pass-through
13		awards effective on and after July 1, 2016, shall include the
14		following:
15		(1) Administrative requirements. In accordance with
16		Subparts B through D of 2 CFR 200, the rules shall set
17		forth the uniform administrative requirements for grant
18		and cooperative agreements, including the requirements for
19		the management by State awarding agencies of federal grant
20		programs before State and federal pass-through awards have
21		been made and requirements that State awarding agencies
22		may impose on non-federal entities in State and federal
23		pass-through awards.
24		(2) Cost principles. In accordance with Subpart E of 2

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1		CFR 200, the rules shall establish principles for
2		determining the allowable costs incurred by non-federal
3		entities under State and federal pass-through awards. The
4		principles are intended for cost determination, but are
5		not intended to identify the circumstances or dictate the
6		extent of State or federal pass-through participation in
7		financing a particular program or project. The principles
8		shall provide that State and federal awards bear their
9		fair share of cost recognized under these principles,
10		except where restricted or prohibited by State or federal
11		law.
12		(3) Audit and single audit requirements and audit
13		follow-up. In accordance with Subpart F of 2 CFR 200 and
14		the federal Single Audit Act Amendments of 1996, the rules
15		shall set forth standards to obtain consistency and
16		uniformity among State and federal pass-through awarding
17		agencies for the audit of non-federal entities expending
18		State and federal awards. These provisions shall also set
19		forth the policies and procedures for State and federal
20		pass-through entities when using the results of these
21		audits.
22		The provisions of this item (3) do not apply to
23		for-profit subrecipients because for-profit subrecipients
24		are not subject to the requirements of 2 CFR 200, Subpart
25		F, Audits of States, Local and Non-Profit Organizations.
26		Audits of for-profit subrecipients must be conducted

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1		pursuant to a Program Audit Guide issued by the Federal
2		awarding agency. If a Program Audit Guide is not
3		available, the State awarding agency must prepare a
4		Program Audit Guide in accordance with the 2 CFR 200,
5		Subpart F – Audit Requirements - Compliance Supplement.
6		For-profit entities are subject to all other general
7		administrative requirements and cost principles applicable
8		to grants.
9		(b) This Act addresses only State and federal pass-through
10		auditing functions and does not address the external audit
11		function of the Auditor General.
12		(c) For public institutions of higher education, the
13		provisions of this Section apply only to awards funded by
14		federal pass-through awards from a State agency to public
15		institutions of higher education. Federal pass-through awards
16		from a State agency to public institutions of higher education
17		are governed by and must comply with federal guidelines under
18		2 CFR 200.
19		(d) The State grant-making agency is responsible for
20		establishing requirements, as necessary, to ensure compliance
21		by for-profit subrecipients. The agreement with the for-profit
22		subrecipient shall describe the applicable compliance
23		requirements and the for-profit subrecipient's compliance
24		responsibility. Methods to ensure compliance for State and
25		federal pass-through awards made to for-profit subrecipients
26		shall include pre-award, audits, monitoring during the

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1		agreement, and post-award audits. The Governor's Office of
2		Management and Budget shall provide such advice and technical
3		assistance to the State grant-making agency as is necessary or
4		indicated.
5		(Source: P.A. 102-626, eff. 8-27-21; revised 12-2-21.)
6		(30 ILCS 708/45)
7		Sec. 45. Applicability.
8		(a) Except as otherwise provided in this Section, the
9		requirements established under this Act apply to State
10		grant-making agencies that make State and federal pass-through
11		awards to non-federal entities. These requirements apply to
12		all costs related to State and federal pass-through awards.
13		The requirements established under this Act do not apply to
14		private awards, to allocations of State revenues paid over by
15		the Comptroller to units of local government and other taxing
16		districts pursuant to the State Revenue Sharing Act from the
17		Local Government Distributive Fund or the Personal Property
18		Tax Replacement Fund, or to allotments of State motor fuel tax
19		revenues distributed by the Department of Transportation to
20		units of local government pursuant to the Motor Fuel Tax Law
21		from the Motor Fuel Tax Fund or the Transportation Renewal
22		Fund.
23		(a-5) Nothing in this Act shall prohibit the use of State
24		funds for purposes of federal match or maintenance of effort.
25		(b) The terms and conditions of State, federal, and

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1		pass-through awards apply to subawards and subrecipients
2		unless a particular Section of this Act or the terms and
3		conditions of the State or federal award specifically indicate
4		otherwise. Non-federal entities shall comply with requirements
5		of this Act regardless of whether the non-federal entity is a
6		recipient or subrecipient of a State or federal pass-through
7		award. Pass-through entities shall comply with the
8		requirements set forth under the rules adopted under
9		subsection (a) of Section 20 of this Act, but not to any
10		requirements in this Act directed towards State or federal
11		awarding agencies, unless the requirements of the State or
12		federal awards indicate otherwise.
13		When a non-federal entity is awarded a cost-reimbursement
14		contract, only 2 CFR 200.330 through 200.332 are incorporated
15		by reference into the contract. However, when the Cost
16		Accounting Standards are applicable to the contract, they take
17		precedence over the requirements of this Act unless they are
18		in conflict with Subpart F of 2 CFR 200. In addition, costs
19		that are made unallowable under 10 U.S.C. 2324(e) and 41
20		U.S.C. 4304(a), as described in the Federal Acquisition
21		Regulations, subpart 31.2 and subpart 31.603, are always
22		unallowable. For requirements other than those covered in
23		Subpart D of 2 CFR 200.330 through 200.332, the terms of the
24		contract and the Federal Acquisition Regulations apply.
25		With the exception of Subpart F of 2 CFR 200, which is
26		required by the Single Audit Act, in any circumstances where

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1		the provisions of federal statutes or regulations differ from
2		the provisions of this Act, the provision of the federal
3		statutes or regulations govern. This includes, for agreements
4		with Indian tribes, the provisions of the Indian
5		Self-Determination and Education and Assistance Act, as
6		amended, 25 U.S.C. 450-458ddd-2.
7		(c) State grant-making agencies may apply subparts A
8		through E of 2 CFR 200 to for-profit entities, foreign public
9		entities, or foreign organizations, except where the awarding
10		agency determines that the application of these subparts would
11		be inconsistent with the international obligations of the
12		United States or the statute or regulations of a foreign
13		government.
14		(d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
15		different types of awards. The same applicability applies to
16		this Act.
17		(e) (Blank).
18		(f) For public institutions of higher education, the
19		provisions of this Act apply only to awards funded by federal
20		pass-through awards from a State agency to public institutions
21		of higher education. This Act shall recognize provisions in 2
22		CFR 200 as applicable to public institutions of higher
23		education, including Appendix III of Part 200 and the cost
24		principles under Subpart E.
25		(g) Each grant-making agency shall enhance its processes
26		to monitor and address noncompliance with reporting

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1		requirements and with program performance standards. Where
2		applicable, the process may include a corrective action plan.
3		The monitoring process shall include a plan for tracking and
4		documenting performance-based contracting decisions.
5		(h) Notwithstanding any provision of law to the contrary,
6		grants awarded from federal funds received from the federal
7		Coronavirus State Fiscal Recovery Fund in accordance with
8		Section 9901 of the American Rescue Plan Act of 2021 are
9		subject to the provisions of this Act, but only to the extent
10		required by Section 9901 of the American Rescue Plan Act of
11		2021 and other applicable federal law or regulation.
12		(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
13		102-626, eff. 8-27-21; revised 10-27-21.)
14		Section 235. The Intergovernmental Drug Laws Enforcement
15		Act is amended by changing Section 3 as follows:
16		(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
17		Sec. 3. A Metropolitan Enforcement Group which meets the
18		minimum criteria established in this Section is eligible to
19		receive State grants to help defray the costs of operation. To
20		be eligible a MEG must:
21		(1) Be established and operating pursuant to
22		intergovernmental contracts written and executed in
23		conformity with the Intergovernmental Cooperation Act, and
24		involve 2 or more units of local government.

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1		(2) Establish a MEG Policy Board composed of an
2		elected official, or his designee, and the chief law
3		enforcement officer, or his designee, from each
4		participating unit of local government to oversee the
5		operations of the MEG and make such reports to the
6		Illinois State Police as the Illinois State Police may
7		require.
8		(3) Designate a single appropriate elected official of
9		a participating unit of local government to act as the
10		financial officer of the MEG for all participating units
11		of local government and to receive funds for the operation
12		of the MEG.
13		(4) Limit its operations to enforcement of drug laws;
14		enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
15		24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
16		24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
17		24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
18		of 2012; Sections 2, 3, 6.1, and 14 of the Firearm Owners
19		Identification Card Act; and the investigation of
20		streetgang related offenses.
21		(5) Cooperate with the Illinois State Police in order
22		to assure compliance with this Act and to enable the
23		Illinois State Police to fulfill its duties under this
24		Act, and supply the Illinois State Police with all
25		information the Illinois State Police deems necessary
26		therefor.

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1		(6) Receive funding of at least 50% of the total
2		operating budget of the MEG from the participating units
3		of local government.
4		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
5		revised 10-6-21.)
6		Section 240. The State Mandates Act is amended by changing
7		Sections 8.43, 8.44, and 8.45 as follows:
8		(30 ILCS 805/8.43)
9		Sec. 8.43. Exempt mandate.
10		(a) Notwithstanding Sections 6 and 8 of this Act, no
11		reimbursement by the State is required for the implementation
12		of any mandate created by Public Act 101-11, 101-49, 101-275,
13		101-320, 101-377, 101-387, 101-474, 101-492, 101-502, 101-504,
14		101-522, 101-610, or 101-627, or 101-673.
15		(b) Notwithstanding Sections 6 and 8 of this Act, no
16		reimbursement by the State is required for the implementation
17		of any mandate created by the Seizure Smart School Act.
18		(Source: P.A. 101-11, eff. 6-7-19; 101-49, eff. 7-12-19;
19		101-50, eff. 7-1-20; 101-275, eff. 8-9-19; 101-320, eff.
20		8-9-19; 101-377, eff. 8-16-19; 101-387, eff. 8-16-19; 101-474,
21		eff. 8-23-19; 101-492, eff. 8-23-19; 101-502, eff. 8-23-19;
22		101-504, eff. 7-1-20; 101-522, eff. 8-23-19; 101-610, eff.
23		1-1-20; 101-627, eff. 1-24-20; 101-673, eff. 4-5-21; 102-558,
24		eff. 8-20-21; revised 9-28-21.)

HB5501 Engrossed - 398 - LRB102 24698 AMC 33937 b
1		(30 ILCS 805/8.44)
2		Sec. 8.44. Exempt mandate.
3		(a) Notwithstanding Sections 6 and 8 of this Act, no
4		reimbursement by the State is required for the implementation
5		of any mandate created by Section 4-7 of the Illinois Local
6		Library Act or Section 30-55.60 of the Public Library District
7		Act of 1991.
8		(b) Notwithstanding Sections 6 and 8 of this Act, no
9		reimbursement by the State is required for the implementation
10		of any mandate created by Public Act 101-633 or 101-653.
11		(Source: P.A. 101-632, eff. 6-5-20; 101-633, eff. 6-5-20;
12		101-653, eff. 2-28-21; 102-558, eff. 8-20-21; revised
13		8-20-21.)
14		(30 ILCS 805/8.45)
15		(Text of Section before amendment by P.A. 102-466)
16		Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
17		8 of this Act, no reimbursement by the State is required for
18		the implementation of any mandate created by Public Act
19		102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125,
20		102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-540,
21		102-552, or 102-636 this amendatory Act of the 102nd General
22		Assembly.
23		(Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21;
24		102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22;

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1		102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff.
2		7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265,
3		eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21;
4		102-540, eff. 8-20-21; 102-552, eff. 1-1-22; 102-636, eff.
5		8-27-21; revised 10-1-21.)
6		(Text of Section after amendment by P.A. 102-466)
7		Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
8		8 of this Act, no reimbursement by the State is required for
9		the implementation of any mandate created by Public Act
10		102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125,
11		102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-466,
12		102-540, 102-552, or 102-636 this amendatory Act of the 102nd
13		General Assembly.
14		(Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21;
15		102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22;
16		102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff.
17		7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265,
18		eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21;
19		102-466, eff. 7-1-25; 102-540, eff. 8-20-21; 102-552, eff.
20		1-1-22; 102-636, eff. 8-27-21; revised 10-1-21.)
21		Section 245. The Illinois Income Tax Act is amended by
22		changing Sections 203, 901, and 917 as follows:
23		(35 ILCS 5/203) (from Ch. 120, par. 2-203)

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1		Sec. 203. Base income defined.
2		(a) Individuals.
3		(1) In general. In the case of an individual, base
4		income means an amount equal to the taxpayer's adjusted
5		gross income for the taxable year as modified by paragraph
6		(2).
7		(2) Modifications. The adjusted gross income referred
8		to in paragraph (1) shall be modified by adding thereto
9		the sum of the following amounts:
10		(A) An amount equal to all amounts paid or accrued
11		to the taxpayer as interest or dividends during the
12		taxable year to the extent excluded from gross income
13		in the computation of adjusted gross income, except
14		stock dividends of qualified public utilities
15		described in Section 305(e) of the Internal Revenue
16		Code;
17		(B) An amount equal to the amount of tax imposed by
18		this Act to the extent deducted from gross income in
19		the computation of adjusted gross income for the
20		taxable year;
21		(C) An amount equal to the amount received during
22		the taxable year as a recovery or refund of real
23		property taxes paid with respect to the taxpayer's
24		principal residence under the Revenue Act of 1939 and
25		for which a deduction was previously taken under
26		subparagraph (L) of this paragraph (2) prior to July

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1		1, 1991, the retrospective application date of Article
2		4 of Public Act 87-17. In the case of multi-unit or
3		multi-use structures and farm dwellings, the taxes on
4		the taxpayer's principal residence shall be that
5		portion of the total taxes for the entire property
6		which is attributable to such principal residence;
7		(D) An amount equal to the amount of the capital
8		gain deduction allowable under the Internal Revenue
9		Code, to the extent deducted from gross income in the
10		computation of adjusted gross income;
11		(D-5) An amount, to the extent not included in
12		adjusted gross income, equal to the amount of money
13		withdrawn by the taxpayer in the taxable year from a
14		medical care savings account and the interest earned
15		on the account in the taxable year of a withdrawal
16		pursuant to subsection (b) of Section 20 of the
17		Medical Care Savings Account Act or subsection (b) of
18		Section 20 of the Medical Care Savings Account Act of
19		2000;
20		(D-10) For taxable years ending after December 31,
21		1997, an amount equal to any eligible remediation
22		costs that the individual deducted in computing
23		adjusted gross income and for which the individual
24		claims a credit under subsection (l) of Section 201;
25		(D-15) For taxable years 2001 and thereafter, an
26		amount equal to the bonus depreciation deduction taken

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1		on the taxpayer's federal income tax return for the
2		taxable year under subsection (k) of Section 168 of
3		the Internal Revenue Code;
4		(D-16) If the taxpayer sells, transfers, abandons,
5		or otherwise disposes of property for which the
6		taxpayer was required in any taxable year to make an
7		addition modification under subparagraph (D-15), then
8		an amount equal to the aggregate amount of the
9		deductions taken in all taxable years under
10		subparagraph (Z) with respect to that property.
11		If the taxpayer continues to own property through
12		the last day of the last tax year for which a
13		subtraction is allowed with respect to that property
14		under subparagraph (Z) and for which the taxpayer was
15		allowed in any taxable year to make a subtraction
16		modification under subparagraph (Z), then an amount
17		equal to that subtraction modification.
18		The taxpayer is required to make the addition
19		modification under this subparagraph only once with
20		respect to any one piece of property;
21		(D-17) An amount equal to the amount otherwise
22		allowed as a deduction in computing base income for
23		interest paid, accrued, or incurred, directly or
24		indirectly, (i) for taxable years ending on or after
25		December 31, 2004, to a foreign person who would be a
26		member of the same unitary business group but for the

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1		fact that foreign person's business activity outside
2		the United States is 80% or more of the foreign
3		person's total business activity and (ii) for taxable
4		years ending on or after December 31, 2008, to a person
5		who would be a member of the same unitary business
6		group but for the fact that the person is prohibited
7		under Section 1501(a)(27) from being included in the
8		unitary business group because he or she is ordinarily
9		required to apportion business income under different
10		subsections of Section 304. The addition modification
11		required by this subparagraph shall be reduced to the
12		extent that dividends were included in base income of
13		the unitary group for the same taxable year and
14		received by the taxpayer or by a member of the
15		taxpayer's unitary business group (including amounts
16		included in gross income under Sections 951 through
17		964 of the Internal Revenue Code and amounts included
18		in gross income under Section 78 of the Internal
19		Revenue Code) with respect to the stock of the same
20		person to whom the interest was paid, accrued, or
21		incurred.
22		This paragraph shall not apply to the following:
23		(i) an item of interest paid, accrued, or
24		incurred, directly or indirectly, to a person who
25		is subject in a foreign country or state, other
26		than a state which requires mandatory unitary

HB5501 Engrossed - 404 - LRB102 24698 AMC 33937 b
1		reporting, to a tax on or measured by net income
2		with respect to such interest; or
3		(ii) an item of interest paid, accrued, or
4		incurred, directly or indirectly, to a person if
5		the taxpayer can establish, based on a
6		preponderance of the evidence, both of the
7		following:
8		(a) the person, during the same taxable
9		year, paid, accrued, or incurred, the interest
10		to a person that is not a related member, and
11		(b) the transaction giving rise to the
12		interest expense between the taxpayer and the
13		person did not have as a principal purpose the
14		avoidance of Illinois income tax, and is paid
15		pursuant to a contract or agreement that
16		reflects an arm's-length interest rate and
17		terms; or
18		(iii) the taxpayer can establish, based on
19		clear and convincing evidence, that the interest
20		paid, accrued, or incurred relates to a contract
21		or agreement entered into at arm's-length rates
22		and terms and the principal purpose for the
23		payment is not federal or Illinois tax avoidance;
24		or
25		(iv) an item of interest paid, accrued, or
26		incurred, directly or indirectly, to a person if

HB5501 Engrossed - 405 - LRB102 24698 AMC 33937 b
1		the taxpayer establishes by clear and convincing
2		evidence that the adjustments are unreasonable; or
3		if the taxpayer and the Director agree in writing
4		to the application or use of an alternative method
5		of apportionment under Section 304(f).
6		Nothing in this subsection shall preclude the
7		Director from making any other adjustment
8		otherwise allowed under Section 404 of this Act
9		for any tax year beginning after the effective
10		date of this amendment provided such adjustment is
11		made pursuant to regulation adopted by the
12		Department and such regulations provide methods
13		and standards by which the Department will utilize
14		its authority under Section 404 of this Act;
15		(D-18) An amount equal to the amount of intangible
16		expenses and costs otherwise allowed as a deduction in
17		computing base income, and that were paid, accrued, or
18		incurred, directly or indirectly, (i) for taxable
19		years ending on or after December 31, 2004, to a
20		foreign person who would be a member of the same
21		unitary business group but for the fact that the
22		foreign person's business activity outside the United
23		States is 80% or more of that person's total business
24		activity and (ii) for taxable years ending on or after
25		December 31, 2008, to a person who would be a member of
26		the same unitary business group but for the fact that

HB5501 Engrossed - 406 - LRB102 24698 AMC 33937 b
1		the person is prohibited under Section 1501(a)(27)
2		from being included in the unitary business group
3		because he or she is ordinarily required to apportion
4		business income under different subsections of Section
5		304. The addition modification required by this
6		subparagraph shall be reduced to the extent that
7		dividends were included in base income of the unitary
8		group for the same taxable year and received by the
9		taxpayer or by a member of the taxpayer's unitary
10		business group (including amounts included in gross
11		income under Sections 951 through 964 of the Internal
12		Revenue Code and amounts included in gross income
13		under Section 78 of the Internal Revenue Code) with
14		respect to the stock of the same person to whom the
15		intangible expenses and costs were directly or
16		indirectly paid, incurred, or accrued. The preceding
17		sentence does not apply to the extent that the same
18		dividends caused a reduction to the addition
19		modification required under Section 203(a)(2)(D-17) of
20		this Act. As used in this subparagraph, the term
21		"intangible expenses and costs" includes (1) expenses,
22		losses, and costs for, or related to, the direct or
23		indirect acquisition, use, maintenance or management,
24		ownership, sale, exchange, or any other disposition of
25		intangible property; (2) losses incurred, directly or
26		indirectly, from factoring transactions or discounting

HB5501 Engrossed - 407 - LRB102 24698 AMC 33937 b
1		transactions; (3) royalty, patent, technical, and
2		copyright fees; (4) licensing fees; and (5) other
3		similar expenses and costs. For purposes of this
4		subparagraph, "intangible property" includes patents,
5		patent applications, trade names, trademarks, service
6		marks, copyrights, mask works, trade secrets, and
7		similar types of intangible assets.
8		This paragraph shall not apply to the following:
9		(i) any item of intangible expenses or costs
10		paid, accrued, or incurred, directly or
11		indirectly, from a transaction with a person who
12		is subject in a foreign country or state, other
13		than a state which requires mandatory unitary
14		reporting, to a tax on or measured by net income
15		with respect to such item; or
16		(ii) any item of intangible expense or cost
17		paid, accrued, or incurred, directly or
18		indirectly, if the taxpayer can establish, based
19		on a preponderance of the evidence, both of the
20		following:
21		(a) the person during the same taxable
22		year paid, accrued, or incurred, the
23		intangible expense or cost to a person that is
24		not a related member, and
25		(b) the transaction giving rise to the
26		intangible expense or cost between the

HB5501 Engrossed - 408 - LRB102 24698 AMC 33937 b
1		taxpayer and the person did not have as a
2		principal purpose the avoidance of Illinois
3		income tax, and is paid pursuant to a contract
4		or agreement that reflects arm's-length terms;
5		or
6		(iii) any item of intangible expense or cost
7		paid, accrued, or incurred, directly or
8		indirectly, from a transaction with a person if
9		the taxpayer establishes by clear and convincing
10		evidence, that the adjustments are unreasonable;
11		or if the taxpayer and the Director agree in
12		writing to the application or use of an
13		alternative method of apportionment under Section
14		304(f);
15		Nothing in this subsection shall preclude the
16		Director from making any other adjustment
17		otherwise allowed under Section 404 of this Act
18		for any tax year beginning after the effective
19		date of this amendment provided such adjustment is
20		made pursuant to regulation adopted by the
21		Department and such regulations provide methods
22		and standards by which the Department will utilize
23		its authority under Section 404 of this Act;
24		(D-19) For taxable years ending on or after
25		December 31, 2008, an amount equal to the amount of
26		insurance premium expenses and costs otherwise allowed

HB5501 Engrossed - 409 - LRB102 24698 AMC 33937 b
1		as a deduction in computing base income, and that were
2		paid, accrued, or incurred, directly or indirectly, to
3		a person who would be a member of the same unitary
4		business group but for the fact that the person is
5		prohibited under Section 1501(a)(27) from being
6		included in the unitary business group because he or
7		she is ordinarily required to apportion business
8		income under different subsections of Section 304. The
9		addition modification required by this subparagraph
10		shall be reduced to the extent that dividends were
11		included in base income of the unitary group for the
12		same taxable year and received by the taxpayer or by a
13		member of the taxpayer's unitary business group
14		(including amounts included in gross income under
15		Sections 951 through 964 of the Internal Revenue Code
16		and amounts included in gross income under Section 78
17		of the Internal Revenue Code) with respect to the
18		stock of the same person to whom the premiums and costs
19		were directly or indirectly paid, incurred, or
20		accrued. The preceding sentence does not apply to the
21		extent that the same dividends caused a reduction to
22		the addition modification required under Section
23		203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this
24		Act;
25		(D-20) For taxable years beginning on or after
26		January 1, 2002 and ending on or before December 31,

HB5501 Engrossed - 410 - LRB102 24698 AMC 33937 b
1		2006, in the case of a distribution from a qualified
2		tuition program under Section 529 of the Internal
3		Revenue Code, other than (i) a distribution from a
4		College Savings Pool created under Section 16.5 of the
5		State Treasurer Act or (ii) a distribution from the
6		Illinois Prepaid Tuition Trust Fund, an amount equal
7		to the amount excluded from gross income under Section
8		529(c)(3)(B). For taxable years beginning on or after
9		January 1, 2007, in the case of a distribution from a
10		qualified tuition program under Section 529 of the
11		Internal Revenue Code, other than (i) a distribution
12		from a College Savings Pool created under Section 16.5
13		of the State Treasurer Act, (ii) a distribution from
14		the Illinois Prepaid Tuition Trust Fund, or (iii) a
15		distribution from a qualified tuition program under
16		Section 529 of the Internal Revenue Code that (I)
17		adopts and determines that its offering materials
18		comply with the College Savings Plans Network's
19		disclosure principles and (II) has made reasonable
20		efforts to inform in-state residents of the existence
21		of in-state qualified tuition programs by informing
22		Illinois residents directly and, where applicable, to
23		inform financial intermediaries distributing the
24		program to inform in-state residents of the existence
25		of in-state qualified tuition programs at least
26		annually, an amount equal to the amount excluded from

HB5501 Engrossed - 411 - LRB102 24698 AMC 33937 b
1		gross income under Section 529(c)(3)(B).
2		For the purposes of this subparagraph (D-20), a
3		qualified tuition program has made reasonable efforts
4		if it makes disclosures (which may use the term
5		"in-state program" or "in-state plan" and need not
6		specifically refer to Illinois or its qualified
7		programs by name) (i) directly to prospective
8		participants in its offering materials or makes a
9		public disclosure, such as a website posting; and (ii)
10		where applicable, to intermediaries selling the
11		out-of-state program in the same manner that the
12		out-of-state program distributes its offering
13		materials;
14		(D-20.5) For taxable years beginning on or after
15		January 1, 2018, in the case of a distribution from a
16		qualified ABLE program under Section 529A of the
17		Internal Revenue Code, other than a distribution from
18		a qualified ABLE program created under Section 16.6 of
19		the State Treasurer Act, an amount equal to the amount
20		excluded from gross income under Section 529A(c)(1)(B)
21		of the Internal Revenue Code;
22		(D-21) For taxable years beginning on or after
23		January 1, 2007, in the case of transfer of moneys from
24		a qualified tuition program under Section 529 of the
25		Internal Revenue Code that is administered by the
26		State to an out-of-state program, an amount equal to

HB5501 Engrossed - 412 - LRB102 24698 AMC 33937 b
1		the amount of moneys previously deducted from base
2		income under subsection (a)(2)(Y) of this Section;
3		(D-21.5) For taxable years beginning on or after
4		January 1, 2018, in the case of the transfer of moneys
5		from a qualified tuition program under Section 529 or
6		a qualified ABLE program under Section 529A of the
7		Internal Revenue Code that is administered by this
8		State to an ABLE account established under an
9		out-of-state ABLE account program, an amount equal to
10		the contribution component of the transferred amount
11		that was previously deducted from base income under
12		subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
13		Section;
14		(D-22) For taxable years beginning on or after
15		January 1, 2009, and prior to January 1, 2018, in the
16		case of a nonqualified withdrawal or refund of moneys
17		from a qualified tuition program under Section 529 of
18		the Internal Revenue Code administered by the State
19		that is not used for qualified expenses at an eligible
20		education institution, an amount equal to the
21		contribution component of the nonqualified withdrawal
22		or refund that was previously deducted from base
23		income under subsection (a)(2)(y) of this Section,
24		provided that the withdrawal or refund did not result
25		from the beneficiary's death or disability. For
26		taxable years beginning on or after January 1, 2018:

HB5501 Engrossed - 413 - LRB102 24698 AMC 33937 b
1		(1) in the case of a nonqualified withdrawal or
2		refund, as defined under Section 16.5 of the State
3		Treasurer Act, of moneys from a qualified tuition
4		program under Section 529 of the Internal Revenue Code
5		administered by the State, an amount equal to the
6		contribution component of the nonqualified withdrawal
7		or refund that was previously deducted from base
8		income under subsection (a)(2)(Y) of this Section, and
9		(2) in the case of a nonqualified withdrawal or refund
10		from a qualified ABLE program under Section 529A of
11		the Internal Revenue Code administered by the State
12		that is not used for qualified disability expenses, an
13		amount equal to the contribution component of the
14		nonqualified withdrawal or refund that was previously
15		deducted from base income under subsection (a)(2)(HH)
16		of this Section;
17		(D-23) An amount equal to the credit allowable to
18		the taxpayer under Section 218(a) of this Act,
19		determined without regard to Section 218(c) of this
20		Act;
21		(D-24) For taxable years ending on or after
22		December 31, 2017, an amount equal to the deduction
23		allowed under Section 199 of the Internal Revenue Code
24		for the taxable year;
25		(D-25) In the case of a resident, an amount equal
26		to the amount of tax for which a credit is allowed

HB5501 Engrossed - 414 - LRB102 24698 AMC 33937 b
1		pursuant to Section 201(p)(7) of this Act;
2		and by deducting from the total so obtained the sum of the
3		following amounts:
4		(E) For taxable years ending before December 31,
5		2001, any amount included in such total in respect of
6		any compensation (including but not limited to any
7		compensation paid or accrued to a serviceman while a
8		prisoner of war or missing in action) paid to a
9		resident by reason of being on active duty in the Armed
10		Forces of the United States and in respect of any
11		compensation paid or accrued to a resident who as a
12		governmental employee was a prisoner of war or missing
13		in action, and in respect of any compensation paid to a
14		resident in 1971 or thereafter for annual training
15		performed pursuant to Sections 502 and 503, Title 32,
16		United States Code as a member of the Illinois
17		National Guard or, beginning with taxable years ending
18		on or after December 31, 2007, the National Guard of
19		any other state. For taxable years ending on or after
20		December 31, 2001, any amount included in such total
21		in respect of any compensation (including but not
22		limited to any compensation paid or accrued to a
23		serviceman while a prisoner of war or missing in
24		action) paid to a resident by reason of being a member
25		of any component of the Armed Forces of the United
26		States and in respect of any compensation paid or

HB5501 Engrossed - 415 - LRB102 24698 AMC 33937 b
1		accrued to a resident who as a governmental employee
2		was a prisoner of war or missing in action, and in
3		respect of any compensation paid to a resident in 2001
4		or thereafter by reason of being a member of the
5		Illinois National Guard or, beginning with taxable
6		years ending on or after December 31, 2007, the
7		National Guard of any other state. The provisions of
8		this subparagraph (E) are exempt from the provisions
9		of Section 250;
10		(F) An amount equal to all amounts included in
11		such total pursuant to the provisions of Sections
12		402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
13		408 of the Internal Revenue Code, or included in such
14		total as distributions under the provisions of any
15		retirement or disability plan for employees of any
16		governmental agency or unit, or retirement payments to
17		retired partners, which payments are excluded in
18		computing net earnings from self employment by Section
19		1402 of the Internal Revenue Code and regulations
20		adopted pursuant thereto;
21		(G) The valuation limitation amount;
22		(H) An amount equal to the amount of any tax
23		imposed by this Act which was refunded to the taxpayer
24		and included in such total for the taxable year;
25		(I) An amount equal to all amounts included in
26		such total pursuant to the provisions of Section 111

HB5501 Engrossed - 416 - LRB102 24698 AMC 33937 b
1		of the Internal Revenue Code as a recovery of items
2		previously deducted from adjusted gross income in the
3		computation of taxable income;
4		(J) An amount equal to those dividends included in
5		such total which were paid by a corporation which
6		conducts business operations in a River Edge
7		Redevelopment Zone or zones created under the River
8		Edge Redevelopment Zone Act, and conducts
9		substantially all of its operations in a River Edge
10		Redevelopment Zone or zones. This subparagraph (J) is
11		exempt from the provisions of Section 250;
12		(K) An amount equal to those dividends included in
13		such total that were paid by a corporation that
14		conducts business operations in a federally designated
15		Foreign Trade Zone or Sub-Zone and that is designated
16		a High Impact Business located in Illinois; provided
17		that dividends eligible for the deduction provided in
18		subparagraph (J) of paragraph (2) of this subsection
19		shall not be eligible for the deduction provided under
20		this subparagraph (K);
21		(L) For taxable years ending after December 31,
22		1983, an amount equal to all social security benefits
23		and railroad retirement benefits included in such
24		total pursuant to Sections 72(r) and 86 of the
25		Internal Revenue Code;
26		(M) With the exception of any amounts subtracted

HB5501 Engrossed - 417 - LRB102 24698 AMC 33937 b
1		under subparagraph (N), an amount equal to the sum of
2		all amounts disallowed as deductions by (i) Sections
3		171(a)(2) and 265(a)(2) of the Internal Revenue Code,
4		and all amounts of expenses allocable to interest and
5		disallowed as deductions by Section 265(a)(1) of the
6		Internal Revenue Code; and (ii) for taxable years
7		ending on or after August 13, 1999, Sections
8		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
9		Internal Revenue Code, plus, for taxable years ending
10		on or after December 31, 2011, Section 45G(e)(3) of
11		the Internal Revenue Code and, for taxable years
12		ending on or after December 31, 2008, any amount
13		included in gross income under Section 87 of the
14		Internal Revenue Code; the provisions of this
15		subparagraph are exempt from the provisions of Section
16		250;
17		(N) An amount equal to all amounts included in
18		such total which are exempt from taxation by this
19		State either by reason of its statutes or Constitution
20		or by reason of the Constitution, treaties or statutes
21		of the United States; provided that, in the case of any
22		statute of this State that exempts income derived from
23		bonds or other obligations from the tax imposed under
24		this Act, the amount exempted shall be the interest
25		net of bond premium amortization;
26		(O) An amount equal to any contribution made to a

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1		job training project established pursuant to the Tax
2		Increment Allocation Redevelopment Act;
3		(P) An amount equal to the amount of the deduction
4		used to compute the federal income tax credit for
5		restoration of substantial amounts held under claim of
6		right for the taxable year pursuant to Section 1341 of
7		the Internal Revenue Code or of any itemized deduction
8		taken from adjusted gross income in the computation of
9		taxable income for restoration of substantial amounts
10		held under claim of right for the taxable year;
11		(Q) An amount equal to any amounts included in
12		such total, received by the taxpayer as an
13		acceleration in the payment of life, endowment or
14		annuity benefits in advance of the time they would
15		otherwise be payable as an indemnity for a terminal
16		illness;
17		(R) An amount equal to the amount of any federal or
18		State bonus paid to veterans of the Persian Gulf War;
19		(S) An amount, to the extent included in adjusted
20		gross income, equal to the amount of a contribution
21		made in the taxable year on behalf of the taxpayer to a
22		medical care savings account established under the
23		Medical Care Savings Account Act or the Medical Care
24		Savings Account Act of 2000 to the extent the
25		contribution is accepted by the account administrator
26		as provided in that Act;

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1		(T) An amount, to the extent included in adjusted
2		gross income, equal to the amount of interest earned
3		in the taxable year on a medical care savings account
4		established under the Medical Care Savings Account Act
5		or the Medical Care Savings Account Act of 2000 on
6		behalf of the taxpayer, other than interest added
7		pursuant to item (D-5) of this paragraph (2);
8		(U) For one taxable year beginning on or after
9		January 1, 1994, an amount equal to the total amount of
10		tax imposed and paid under subsections (a) and (b) of
11		Section 201 of this Act on grant amounts received by
12		the taxpayer under the Nursing Home Grant Assistance
13		Act during the taxpayer's taxable years 1992 and 1993;
14		(V) Beginning with tax years ending on or after
15		December 31, 1995 and ending with tax years ending on
16		or before December 31, 2004, an amount equal to the
17		amount paid by a taxpayer who is a self-employed
18		taxpayer, a partner of a partnership, or a shareholder
19		in a Subchapter S corporation for health insurance or
20		long-term care insurance for that taxpayer or that
21		taxpayer's spouse or dependents, to the extent that
22		the amount paid for that health insurance or long-term
23		care insurance may be deducted under Section 213 of
24		the Internal Revenue Code, has not been deducted on
25		the federal income tax return of the taxpayer, and
26		does not exceed the taxable income attributable to

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1		that taxpayer's income, self-employment income, or
2		Subchapter S corporation income; except that no
3		deduction shall be allowed under this item (V) if the
4		taxpayer is eligible to participate in any health
5		insurance or long-term care insurance plan of an
6		employer of the taxpayer or the taxpayer's spouse. The
7		amount of the health insurance and long-term care
8		insurance subtracted under this item (V) shall be
9		determined by multiplying total health insurance and
10		long-term care insurance premiums paid by the taxpayer
11		times a number that represents the fractional
12		percentage of eligible medical expenses under Section
13		213 of the Internal Revenue Code of 1986 not actually
14		deducted on the taxpayer's federal income tax return;
15		(W) For taxable years beginning on or after
16		January 1, 1998, all amounts included in the
17		taxpayer's federal gross income in the taxable year
18		from amounts converted from a regular IRA to a Roth
19		IRA. This paragraph is exempt from the provisions of
20		Section 250;
21		(X) For taxable year 1999 and thereafter, an
22		amount equal to the amount of any (i) distributions,
23		to the extent includible in gross income for federal
24		income tax purposes, made to the taxpayer because of
25		his or her status as a victim of persecution for racial
26		or religious reasons by Nazi Germany or any other Axis

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1		regime or as an heir of the victim and (ii) items of
2		income, to the extent includible in gross income for
3		federal income tax purposes, attributable to, derived
4		from or in any way related to assets stolen from,
5		hidden from, or otherwise lost to a victim of
6		persecution for racial or religious reasons by Nazi
7		Germany or any other Axis regime immediately prior to,
8		during, and immediately after World War II, including,
9		but not limited to, interest on the proceeds
10		receivable as insurance under policies issued to a
11		victim of persecution for racial or religious reasons
12		by Nazi Germany or any other Axis regime by European
13		insurance companies immediately prior to and during
14		World War II; provided, however, this subtraction from
15		federal adjusted gross income does not apply to assets
16		acquired with such assets or with the proceeds from
17		the sale of such assets; provided, further, this
18		paragraph shall only apply to a taxpayer who was the
19		first recipient of such assets after their recovery
20		and who is a victim of persecution for racial or
21		religious reasons by Nazi Germany or any other Axis
22		regime or as an heir of the victim. The amount of and
23		the eligibility for any public assistance, benefit, or
24		similar entitlement is not affected by the inclusion
25		of items (i) and (ii) of this paragraph in gross income
26		for federal income tax purposes. This paragraph is

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1		exempt from the provisions of Section 250;
2		(Y) For taxable years beginning on or after
3		January 1, 2002 and ending on or before December 31,
4		2004, moneys contributed in the taxable year to a
5		College Savings Pool account under Section 16.5 of the
6		State Treasurer Act, except that amounts excluded from
7		gross income under Section 529(c)(3)(C)(i) of the
8		Internal Revenue Code shall not be considered moneys
9		contributed under this subparagraph (Y). For taxable
10		years beginning on or after January 1, 2005, a maximum
11		of $10,000 contributed in the taxable year to (i) a
12		College Savings Pool account under Section 16.5 of the
13		State Treasurer Act or (ii) the Illinois Prepaid
14		Tuition Trust Fund, except that amounts excluded from
15		gross income under Section 529(c)(3)(C)(i) of the
16		Internal Revenue Code shall not be considered moneys
17		contributed under this subparagraph (Y). For purposes
18		of this subparagraph, contributions made by an
19		employer on behalf of an employee, or matching
20		contributions made by an employee, shall be treated as
21		made by the employee. This subparagraph (Y) is exempt
22		from the provisions of Section 250;
23		(Z) For taxable years 2001 and thereafter, for the
24		taxable year in which the bonus depreciation deduction
25		is taken on the taxpayer's federal income tax return
26		under subsection (k) of Section 168 of the Internal

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1		Revenue Code and for each applicable taxable year
2		thereafter, an amount equal to "x", where:
3		(1) "y" equals the amount of the depreciation
4		deduction taken for the taxable year on the
5		taxpayer's federal income tax return on property
6		for which the bonus depreciation deduction was
7		taken in any year under subsection (k) of Section
8		168 of the Internal Revenue Code, but not
9		including the bonus depreciation deduction;
10		(2) for taxable years ending on or before
11		December 31, 2005, "x" equals "y" multiplied by 30
12		and then divided by 70 (or "y" multiplied by
13		0.429); and
14		(3) for taxable years ending after December
15		31, 2005:
16		(i) for property on which a bonus
17		depreciation deduction of 30% of the adjusted
18		basis was taken, "x" equals "y" multiplied by
19		30 and then divided by 70 (or "y" multiplied
20		by 0.429);
21		(ii) for property on which a bonus
22		depreciation deduction of 50% of the adjusted
23		basis was taken, "x" equals "y" multiplied by
24		1.0;
25		(iii) for property on which a bonus
26		depreciation deduction of 100% of the adjusted

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1		basis was taken in a taxable year ending on or
2		after December 31, 2021, "x" equals the
3		depreciation deduction that would be allowed
4		on that property if the taxpayer had made the
5		election under Section 168(k)(7) of the
6		Internal Revenue Code to not claim bonus
7		depreciation deprecation on that property; and
8		(iv) for property on which a bonus
9		depreciation deduction of a percentage other
10		than 30%, 50% or 100% of the adjusted basis
11		was taken in a taxable year ending on or after
12		December 31, 2021, "x" equals "y" multiplied
13		by 100 times the percentage bonus depreciation
14		on the property (that is, 100(bonus%)) and
15		then divided by 100 times 1 minus the
16		percentage bonus depreciation on the property
17		(that is, 100(1–bonus%)).
18		The aggregate amount deducted under this
19		subparagraph in all taxable years for any one piece of
20		property may not exceed the amount of the bonus
21		depreciation deduction taken on that property on the
22		taxpayer's federal income tax return under subsection
23		(k) of Section 168 of the Internal Revenue Code. This
24		subparagraph (Z) is exempt from the provisions of
25		Section 250;
26		(AA) If the taxpayer sells, transfers, abandons,

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1		or otherwise disposes of property for which the
2		taxpayer was required in any taxable year to make an
3		addition modification under subparagraph (D-15), then
4		an amount equal to that addition modification.
5		If the taxpayer continues to own property through
6		the last day of the last tax year for which a
7		subtraction is allowed with respect to that property
8		under subparagraph (Z) and for which the taxpayer was
9		required in any taxable year to make an addition
10		modification under subparagraph (D-15), then an amount
11		equal to that addition modification.
12		The taxpayer is allowed to take the deduction
13		under this subparagraph only once with respect to any
14		one piece of property.
15		This subparagraph (AA) is exempt from the
16		provisions of Section 250;
17		(BB) Any amount included in adjusted gross income,
18		other than salary, received by a driver in a
19		ridesharing arrangement using a motor vehicle;
20		(CC) The amount of (i) any interest income (net of
21		the deductions allocable thereto) taken into account
22		for the taxable year with respect to a transaction
23		with a taxpayer that is required to make an addition
24		modification with respect to such transaction under
25		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
26		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

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1		the amount of that addition modification, and (ii) any
2		income from intangible property (net of the deductions
3		allocable thereto) taken into account for the taxable
4		year with respect to a transaction with a taxpayer
5		that is required to make an addition modification with
6		respect to such transaction under Section
7		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
8		203(d)(2)(D-8), but not to exceed the amount of that
9		addition modification. This subparagraph (CC) is
10		exempt from the provisions of Section 250;
11		(DD) An amount equal to the interest income taken
12		into account for the taxable year (net of the
13		deductions allocable thereto) with respect to
14		transactions with (i) a foreign person who would be a
15		member of the taxpayer's unitary business group but
16		for the fact that the foreign person's business
17		activity outside the United States is 80% or more of
18		that person's total business activity and (ii) for
19		taxable years ending on or after December 31, 2008, to
20		a person who would be a member of the same unitary
21		business group but for the fact that the person is
22		prohibited under Section 1501(a)(27) from being
23		included in the unitary business group because he or
24		she is ordinarily required to apportion business
25		income under different subsections of Section 304, but
26		not to exceed the addition modification required to be

HB5501 Engrossed - 427 - LRB102 24698 AMC 33937 b
1		made for the same taxable year under Section
2		203(a)(2)(D-17) for interest paid, accrued, or
3		incurred, directly or indirectly, to the same person.
4		This subparagraph (DD) is exempt from the provisions
5		of Section 250;
6		(EE) An amount equal to the income from intangible
7		property taken into account for the taxable year (net
8		of the deductions allocable thereto) with respect to
9		transactions with (i) a foreign person who would be a
10		member of the taxpayer's unitary business group but
11		for the fact that the foreign person's business
12		activity outside the United States is 80% or more of
13		that person's total business activity and (ii) for
14		taxable years ending on or after December 31, 2008, to
15		a person who would be a member of the same unitary
16		business group but for the fact that the person is
17		prohibited under Section 1501(a)(27) from being
18		included in the unitary business group because he or
19		she is ordinarily required to apportion business
20		income under different subsections of Section 304, but
21		not to exceed the addition modification required to be
22		made for the same taxable year under Section
23		203(a)(2)(D-18) for intangible expenses and costs
24		paid, accrued, or incurred, directly or indirectly, to
25		the same foreign person. This subparagraph (EE) is
26		exempt from the provisions of Section 250;

HB5501 Engrossed - 428 - LRB102 24698 AMC 33937 b
1		(FF) An amount equal to any amount awarded to the
2		taxpayer during the taxable year by the Court of
3		Claims under subsection (c) of Section 8 of the Court
4		of Claims Act for time unjustly served in a State
5		prison. This subparagraph (FF) is exempt from the
6		provisions of Section 250;
7		(GG) For taxable years ending on or after December
8		31, 2011, in the case of a taxpayer who was required to
9		add back any insurance premiums under Section
10		203(a)(2)(D-19), such taxpayer may elect to subtract
11		that part of a reimbursement received from the
12		insurance company equal to the amount of the expense
13		or loss (including expenses incurred by the insurance
14		company) that would have been taken into account as a
15		deduction for federal income tax purposes if the
16		expense or loss had been uninsured. If a taxpayer
17		makes the election provided for by this subparagraph
18		(GG), the insurer to which the premiums were paid must
19		add back to income the amount subtracted by the
20		taxpayer pursuant to this subparagraph (GG). This
21		subparagraph (GG) is exempt from the provisions of
22		Section 250; and
23		(HH) For taxable years beginning on or after
24		January 1, 2018 and prior to January 1, 2023, a maximum
25		of $10,000 contributed in the taxable year to a
26		qualified ABLE account under Section 16.6 of the State

HB5501 Engrossed - 429 - LRB102 24698 AMC 33937 b
1		Treasurer Act, except that amounts excluded from gross
2		income under Section 529(c)(3)(C)(i) or Section
3		529A(c)(1)(C) of the Internal Revenue Code shall not
4		be considered moneys contributed under this
5		subparagraph (HH). For purposes of this subparagraph
6		(HH), contributions made by an employer on behalf of
7		an employee, or matching contributions made by an
8		employee, shall be treated as made by the employee.
9		(b) Corporations.
10		(1) In general. In the case of a corporation, base
11		income means an amount equal to the taxpayer's taxable
12		income for the taxable year as modified by paragraph (2).
13		(2) Modifications. The taxable income referred to in
14		paragraph (1) shall be modified by adding thereto the sum
15		of the following amounts:
16		(A) An amount equal to all amounts paid or accrued
17		to the taxpayer as interest and all distributions
18		received from regulated investment companies during
19		the taxable year to the extent excluded from gross
20		income in the computation of taxable income;
21		(B) An amount equal to the amount of tax imposed by
22		this Act to the extent deducted from gross income in
23		the computation of taxable income for the taxable
24		year;
25		(C) In the case of a regulated investment company,

HB5501 Engrossed - 430 - LRB102 24698 AMC 33937 b
1		an amount equal to the excess of (i) the net long-term
2		capital gain for the taxable year, over (ii) the
3		amount of the capital gain dividends designated as
4		such in accordance with Section 852(b)(3)(C) of the
5		Internal Revenue Code and any amount designated under
6		Section 852(b)(3)(D) of the Internal Revenue Code,
7		attributable to the taxable year (this amendatory Act
8		of 1995 (Public Act 89-89) is declarative of existing
9		law and is not a new enactment);
10		(D) The amount of any net operating loss deduction
11		taken in arriving at taxable income, other than a net
12		operating loss carried forward from a taxable year
13		ending prior to December 31, 1986;
14		(E) For taxable years in which a net operating
15		loss carryback or carryforward from a taxable year
16		ending prior to December 31, 1986 is an element of
17		taxable income under paragraph (1) of subsection (e)
18		or subparagraph (E) of paragraph (2) of subsection
19		(e), the amount by which addition modifications other
20		than those provided by this subparagraph (E) exceeded
21		subtraction modifications in such earlier taxable
22		year, with the following limitations applied in the
23		order that they are listed:
24		(i) the addition modification relating to the
25		net operating loss carried back or forward to the
26		taxable year from any taxable year ending prior to

HB5501 Engrossed - 431 - LRB102 24698 AMC 33937 b
1		December 31, 1986 shall be reduced by the amount
2		of addition modification under this subparagraph
3		(E) which related to that net operating loss and
4		which was taken into account in calculating the
5		base income of an earlier taxable year, and
6		(ii) the addition modification relating to the
7		net operating loss carried back or forward to the
8		taxable year from any taxable year ending prior to
9		December 31, 1986 shall not exceed the amount of
10		such carryback or carryforward;
11		For taxable years in which there is a net
12		operating loss carryback or carryforward from more
13		than one other taxable year ending prior to December
14		31, 1986, the addition modification provided in this
15		subparagraph (E) shall be the sum of the amounts
16		computed independently under the preceding provisions
17		of this subparagraph (E) for each such taxable year;
18		(E-5) For taxable years ending after December 31,
19		1997, an amount equal to any eligible remediation
20		costs that the corporation deducted in computing
21		adjusted gross income and for which the corporation
22		claims a credit under subsection (l) of Section 201;
23		(E-10) For taxable years 2001 and thereafter, an
24		amount equal to the bonus depreciation deduction taken
25		on the taxpayer's federal income tax return for the
26		taxable year under subsection (k) of Section 168 of

HB5501 Engrossed - 432 - LRB102 24698 AMC 33937 b
1		the Internal Revenue Code;
2		(E-11) If the taxpayer sells, transfers, abandons,
3		or otherwise disposes of property for which the
4		taxpayer was required in any taxable year to make an
5		addition modification under subparagraph (E-10), then
6		an amount equal to the aggregate amount of the
7		deductions taken in all taxable years under
8		subparagraph (T) with respect to that property.
9		If the taxpayer continues to own property through
10		the last day of the last tax year for which a
11		subtraction is allowed with respect to that property
12		under subparagraph (T) and for which the taxpayer was
13		allowed in any taxable year to make a subtraction
14		modification under subparagraph (T), then an amount
15		equal to that subtraction modification.
16		The taxpayer is required to make the addition
17		modification under this subparagraph only once with
18		respect to any one piece of property;
19		(E-12) An amount equal to the amount otherwise
20		allowed as a deduction in computing base income for
21		interest paid, accrued, or incurred, directly or
22		indirectly, (i) for taxable years ending on or after
23		December 31, 2004, to a foreign person who would be a
24		member of the same unitary business group but for the
25		fact the foreign person's business activity outside
26		the United States is 80% or more of the foreign

HB5501 Engrossed - 433 - LRB102 24698 AMC 33937 b
1		person's total business activity and (ii) for taxable
2		years ending on or after December 31, 2008, to a person
3		who would be a member of the same unitary business
4		group but for the fact that the person is prohibited
5		under Section 1501(a)(27) from being included in the
6		unitary business group because he or she is ordinarily
7		required to apportion business income under different
8		subsections of Section 304. The addition modification
9		required by this subparagraph shall be reduced to the
10		extent that dividends were included in base income of
11		the unitary group for the same taxable year and
12		received by the taxpayer or by a member of the
13		taxpayer's unitary business group (including amounts
14		included in gross income pursuant to Sections 951
15		through 964 of the Internal Revenue Code and amounts
16		included in gross income under Section 78 of the
17		Internal Revenue Code) with respect to the stock of
18		the same person to whom the interest was paid,
19		accrued, or incurred.
20		This paragraph shall not apply to the following:
21		(i) an item of interest paid, accrued, or
22		incurred, directly or indirectly, to a person who
23		is subject in a foreign country or state, other
24		than a state which requires mandatory unitary
25		reporting, to a tax on or measured by net income
26		with respect to such interest; or

HB5501 Engrossed - 434 - LRB102 24698 AMC 33937 b
1		(ii) an item of interest paid, accrued, or
2		incurred, directly or indirectly, to a person if
3		the taxpayer can establish, based on a
4		preponderance of the evidence, both of the
5		following:
6		(a) the person, during the same taxable
7		year, paid, accrued, or incurred, the interest
8		to a person that is not a related member, and
9		(b) the transaction giving rise to the
10		interest expense between the taxpayer and the
11		person did not have as a principal purpose the
12		avoidance of Illinois income tax, and is paid
13		pursuant to a contract or agreement that
14		reflects an arm's-length interest rate and
15		terms; or
16		(iii) the taxpayer can establish, based on
17		clear and convincing evidence, that the interest
18		paid, accrued, or incurred relates to a contract
19		or agreement entered into at arm's-length rates
20		and terms and the principal purpose for the
21		payment is not federal or Illinois tax avoidance;
22		or
23		(iv) an item of interest paid, accrued, or
24		incurred, directly or indirectly, to a person if
25		the taxpayer establishes by clear and convincing
26		evidence that the adjustments are unreasonable; or

HB5501 Engrossed - 435 - LRB102 24698 AMC 33937 b
1		if the taxpayer and the Director agree in writing
2		to the application or use of an alternative method
3		of apportionment under Section 304(f).
4		Nothing in this subsection shall preclude the
5		Director from making any other adjustment
6		otherwise allowed under Section 404 of this Act
7		for any tax year beginning after the effective
8		date of this amendment provided such adjustment is
9		made pursuant to regulation adopted by the
10		Department and such regulations provide methods
11		and standards by which the Department will utilize
12		its authority under Section 404 of this Act;
13		(E-13) An amount equal to the amount of intangible
14		expenses and costs otherwise allowed as a deduction in
15		computing base income, and that were paid, accrued, or
16		incurred, directly or indirectly, (i) for taxable
17		years ending on or after December 31, 2004, to a
18		foreign person who would be a member of the same
19		unitary business group but for the fact that the
20		foreign person's business activity outside the United
21		States is 80% or more of that person's total business
22		activity and (ii) for taxable years ending on or after
23		December 31, 2008, to a person who would be a member of
24		the same unitary business group but for the fact that
25		the person is prohibited under Section 1501(a)(27)
26		from being included in the unitary business group

HB5501 Engrossed - 436 - LRB102 24698 AMC 33937 b
1		because he or she is ordinarily required to apportion
2		business income under different subsections of Section
3		304. The addition modification required by this
4		subparagraph shall be reduced to the extent that
5		dividends were included in base income of the unitary
6		group for the same taxable year and received by the
7		taxpayer or by a member of the taxpayer's unitary
8		business group (including amounts included in gross
9		income pursuant to Sections 951 through 964 of the
10		Internal Revenue Code and amounts included in gross
11		income under Section 78 of the Internal Revenue Code)
12		with respect to the stock of the same person to whom
13		the intangible expenses and costs were directly or
14		indirectly paid, incurred, or accrued. The preceding
15		sentence shall not apply to the extent that the same
16		dividends caused a reduction to the addition
17		modification required under Section 203(b)(2)(E-12) of
18		this Act. As used in this subparagraph, the term
19		"intangible expenses and costs" includes (1) expenses,
20		losses, and costs for, or related to, the direct or
21		indirect acquisition, use, maintenance or management,
22		ownership, sale, exchange, or any other disposition of
23		intangible property; (2) losses incurred, directly or
24		indirectly, from factoring transactions or discounting
25		transactions; (3) royalty, patent, technical, and
26		copyright fees; (4) licensing fees; and (5) other

HB5501 Engrossed - 437 - LRB102 24698 AMC 33937 b
1		similar expenses and costs. For purposes of this
2		subparagraph, "intangible property" includes patents,
3		patent applications, trade names, trademarks, service
4		marks, copyrights, mask works, trade secrets, and
5		similar types of intangible assets.
6		This paragraph shall not apply to the following:
7		(i) any item of intangible expenses or costs
8		paid, accrued, or incurred, directly or
9		indirectly, from a transaction with a person who
10		is subject in a foreign country or state, other
11		than a state which requires mandatory unitary
12		reporting, to a tax on or measured by net income
13		with respect to such item; or
14		(ii) any item of intangible expense or cost
15		paid, accrued, or incurred, directly or
16		indirectly, if the taxpayer can establish, based
17		on a preponderance of the evidence, both of the
18		following:
19		(a) the person during the same taxable
20		year paid, accrued, or incurred, the
21		intangible expense or cost to a person that is
22		not a related member, and
23		(b) the transaction giving rise to the
24		intangible expense or cost between the
25		taxpayer and the person did not have as a
26		principal purpose the avoidance of Illinois

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1		income tax, and is paid pursuant to a contract
2		or agreement that reflects arm's-length terms;
3		or
4		(iii) any item of intangible expense or cost
5		paid, accrued, or incurred, directly or
6		indirectly, from a transaction with a person if
7		the taxpayer establishes by clear and convincing
8		evidence, that the adjustments are unreasonable;
9		or if the taxpayer and the Director agree in
10		writing to the application or use of an
11		alternative method of apportionment under Section
12		304(f);
13		Nothing in this subsection shall preclude the
14		Director from making any other adjustment
15		otherwise allowed under Section 404 of this Act
16		for any tax year beginning after the effective
17		date of this amendment provided such adjustment is
18		made pursuant to regulation adopted by the
19		Department and such regulations provide methods
20		and standards by which the Department will utilize
21		its authority under Section 404 of this Act;
22		(E-14) For taxable years ending on or after
23		December 31, 2008, an amount equal to the amount of
24		insurance premium expenses and costs otherwise allowed
25		as a deduction in computing base income, and that were
26		paid, accrued, or incurred, directly or indirectly, to

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1		a person who would be a member of the same unitary
2		business group but for the fact that the person is
3		prohibited under Section 1501(a)(27) from being
4		included in the unitary business group because he or
5		she is ordinarily required to apportion business
6		income under different subsections of Section 304. The
7		addition modification required by this subparagraph
8		shall be reduced to the extent that dividends were
9		included in base income of the unitary group for the
10		same taxable year and received by the taxpayer or by a
11		member of the taxpayer's unitary business group
12		(including amounts included in gross income under
13		Sections 951 through 964 of the Internal Revenue Code
14		and amounts included in gross income under Section 78
15		of the Internal Revenue Code) with respect to the
16		stock of the same person to whom the premiums and costs
17		were directly or indirectly paid, incurred, or
18		accrued. The preceding sentence does not apply to the
19		extent that the same dividends caused a reduction to
20		the addition modification required under Section
21		203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
22		Act;
23		(E-15) For taxable years beginning after December
24		31, 2008, any deduction for dividends paid by a
25		captive real estate investment trust that is allowed
26		to a real estate investment trust under Section

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1		857(b)(2)(B) of the Internal Revenue Code for
2		dividends paid;
3		(E-16) An amount equal to the credit allowable to
4		the taxpayer under Section 218(a) of this Act,
5		determined without regard to Section 218(c) of this
6		Act;
7		(E-17) For taxable years ending on or after
8		December 31, 2017, an amount equal to the deduction
9		allowed under Section 199 of the Internal Revenue Code
10		for the taxable year;
11		(E-18) for taxable years beginning after December
12		31, 2018, an amount equal to the deduction allowed
13		under Section 250(a)(1)(A) of the Internal Revenue
14		Code for the taxable year;
15		(E-19) for taxable years ending on or after June
16		30, 2021, an amount equal to the deduction allowed
17		under Section 250(a)(1)(B)(i) of the Internal Revenue
18		Code for the taxable year;
19		(E-20) for taxable years ending on or after June
20		30, 2021, an amount equal to the deduction allowed
21		under Sections 243(e) and 245A(a) of the Internal
22		Revenue Code for the taxable year.
23		and by deducting from the total so obtained the sum of the
24		following amounts:
25		(F) An amount equal to the amount of any tax
26		imposed by this Act which was refunded to the taxpayer

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1		and included in such total for the taxable year;
2		(G) An amount equal to any amount included in such
3		total under Section 78 of the Internal Revenue Code;
4		(H) In the case of a regulated investment company,
5		an amount equal to the amount of exempt interest
6		dividends as defined in subsection (b)(5) of Section
7		852 of the Internal Revenue Code, paid to shareholders
8		for the taxable year;
9		(I) With the exception of any amounts subtracted
10		under subparagraph (J), an amount equal to the sum of
11		all amounts disallowed as deductions by (i) Sections
12		171(a)(2) and 265(a)(2) and amounts disallowed as
13		interest expense by Section 291(a)(3) of the Internal
14		Revenue Code, and all amounts of expenses allocable to
15		interest and disallowed as deductions by Section
16		265(a)(1) of the Internal Revenue Code; and (ii) for
17		taxable years ending on or after August 13, 1999,
18		Sections 171(a)(2), 265, 280C, 291(a)(3), and
19		832(b)(5)(B)(i) of the Internal Revenue Code, plus,
20		for tax years ending on or after December 31, 2011,
21		amounts disallowed as deductions by Section 45G(e)(3)
22		of the Internal Revenue Code and, for taxable years
23		ending on or after December 31, 2008, any amount
24		included in gross income under Section 87 of the
25		Internal Revenue Code and the policyholders' share of
26		tax-exempt interest of a life insurance company under

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1		Section 807(a)(2)(B) of the Internal Revenue Code (in
2		the case of a life insurance company with gross income
3		from a decrease in reserves for the tax year) or
4		Section 807(b)(1)(B) of the Internal Revenue Code (in
5		the case of a life insurance company allowed a
6		deduction for an increase in reserves for the tax
7		year); the provisions of this subparagraph are exempt
8		from the provisions of Section 250;
9		(J) An amount equal to all amounts included in
10		such total which are exempt from taxation by this
11		State either by reason of its statutes or Constitution
12		or by reason of the Constitution, treaties or statutes
13		of the United States; provided that, in the case of any
14		statute of this State that exempts income derived from
15		bonds or other obligations from the tax imposed under
16		this Act, the amount exempted shall be the interest
17		net of bond premium amortization;
18		(K) An amount equal to those dividends included in
19		such total which were paid by a corporation which
20		conducts business operations in a River Edge
21		Redevelopment Zone or zones created under the River
22		Edge Redevelopment Zone Act and conducts substantially
23		all of its operations in a River Edge Redevelopment
24		Zone or zones. This subparagraph (K) is exempt from
25		the provisions of Section 250;
26		(L) An amount equal to those dividends included in

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1		such total that were paid by a corporation that
2		conducts business operations in a federally designated
3		Foreign Trade Zone or Sub-Zone and that is designated
4		a High Impact Business located in Illinois; provided
5		that dividends eligible for the deduction provided in
6		subparagraph (K) of paragraph 2 of this subsection
7		shall not be eligible for the deduction provided under
8		this subparagraph (L);
9		(M) For any taxpayer that is a financial
10		organization within the meaning of Section 304(c) of
11		this Act, an amount included in such total as interest
12		income from a loan or loans made by such taxpayer to a
13		borrower, to the extent that such a loan is secured by
14		property which is eligible for the River Edge
15		Redevelopment Zone Investment Credit. To determine the
16		portion of a loan or loans that is secured by property
17		eligible for a Section 201(f) investment credit to the
18		borrower, the entire principal amount of the loan or
19		loans between the taxpayer and the borrower should be
20		divided into the basis of the Section 201(f)
21		investment credit property which secures the loan or
22		loans, using for this purpose the original basis of
23		such property on the date that it was placed in service
24		in the River Edge Redevelopment Zone. The subtraction
25		modification available to the taxpayer in any year
26		under this subsection shall be that portion of the

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1		total interest paid by the borrower with respect to
2		such loan attributable to the eligible property as
3		calculated under the previous sentence. This
4		subparagraph (M) is exempt from the provisions of
5		Section 250;
6		(M-1) For any taxpayer that is a financial
7		organization within the meaning of Section 304(c) of
8		this Act, an amount included in such total as interest
9		income from a loan or loans made by such taxpayer to a
10		borrower, to the extent that such a loan is secured by
11		property which is eligible for the High Impact
12		Business Investment Credit. To determine the portion
13		of a loan or loans that is secured by property eligible
14		for a Section 201(h) investment credit to the
15		borrower, the entire principal amount of the loan or
16		loans between the taxpayer and the borrower should be
17		divided into the basis of the Section 201(h)
18		investment credit property which secures the loan or
19		loans, using for this purpose the original basis of
20		such property on the date that it was placed in service
21		in a federally designated Foreign Trade Zone or
22		Sub-Zone located in Illinois. No taxpayer that is
23		eligible for the deduction provided in subparagraph
24		(M) of paragraph (2) of this subsection shall be
25		eligible for the deduction provided under this
26		subparagraph (M-1). The subtraction modification

HB5501 Engrossed - 445 - LRB102 24698 AMC 33937 b
1		available to taxpayers in any year under this
2		subsection shall be that portion of the total interest
3		paid by the borrower with respect to such loan
4		attributable to the eligible property as calculated
5		under the previous sentence;
6		(N) Two times any contribution made during the
7		taxable year to a designated zone organization to the
8		extent that the contribution (i) qualifies as a
9		charitable contribution under subsection (c) of
10		Section 170 of the Internal Revenue Code and (ii)
11		must, by its terms, be used for a project approved by
12		the Department of Commerce and Economic Opportunity
13		under Section 11 of the Illinois Enterprise Zone Act
14		or under Section 10-10 of the River Edge Redevelopment
15		Zone Act. This subparagraph (N) is exempt from the
16		provisions of Section 250;
17		(O) An amount equal to: (i) 85% for taxable years
18		ending on or before December 31, 1992, or, a
19		percentage equal to the percentage allowable under
20		Section 243(a)(1) of the Internal Revenue Code of 1986
21		for taxable years ending after December 31, 1992, of
22		the amount by which dividends included in taxable
23		income and received from a corporation that is not
24		created or organized under the laws of the United
25		States or any state or political subdivision thereof,
26		including, for taxable years ending on or after

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1		December 31, 1988, dividends received or deemed
2		received or paid or deemed paid under Sections 951
3		through 965 of the Internal Revenue Code, exceed the
4		amount of the modification provided under subparagraph
5		(G) of paragraph (2) of this subsection (b) which is
6		related to such dividends, and including, for taxable
7		years ending on or after December 31, 2008, dividends
8		received from a captive real estate investment trust;
9		plus (ii) 100% of the amount by which dividends,
10		included in taxable income and received, including,
11		for taxable years ending on or after December 31,
12		1988, dividends received or deemed received or paid or
13		deemed paid under Sections 951 through 964 of the
14		Internal Revenue Code and including, for taxable years
15		ending on or after December 31, 2008, dividends
16		received from a captive real estate investment trust,
17		from any such corporation specified in clause (i) that
18		would but for the provisions of Section 1504(b)(3) of
19		the Internal Revenue Code be treated as a member of the
20		affiliated group which includes the dividend
21		recipient, exceed the amount of the modification
22		provided under subparagraph (G) of paragraph (2) of
23		this subsection (b) which is related to such
24		dividends. For taxable years ending on or after June
25		30, 2021, (i) for purposes of this subparagraph, the
26		term "dividend" does not include any amount treated as

HB5501 Engrossed - 447 - LRB102 24698 AMC 33937 b
1		a dividend under Section 1248 of the Internal Revenue
2		Code, and (ii) this subparagraph shall not apply to
3		dividends for which a deduction is allowed under
4		Section 245(a) of the Internal Revenue Code. This
5		subparagraph (O) is exempt from the provisions of
6		Section 250 of this Act;
7		(P) An amount equal to any contribution made to a
8		job training project established pursuant to the Tax
9		Increment Allocation Redevelopment Act;
10		(Q) An amount equal to the amount of the deduction
11		used to compute the federal income tax credit for
12		restoration of substantial amounts held under claim of
13		right for the taxable year pursuant to Section 1341 of
14		the Internal Revenue Code;
15		(R) On and after July 20, 1999, in the case of an
16		attorney-in-fact with respect to whom an interinsurer
17		or a reciprocal insurer has made the election under
18		Section 835 of the Internal Revenue Code, 26 U.S.C.
19		835, an amount equal to the excess, if any, of the
20		amounts paid or incurred by that interinsurer or
21		reciprocal insurer in the taxable year to the
22		attorney-in-fact over the deduction allowed to that
23		interinsurer or reciprocal insurer with respect to the
24		attorney-in-fact under Section 835(b) of the Internal
25		Revenue Code for the taxable year; the provisions of
26		this subparagraph are exempt from the provisions of

HB5501 Engrossed - 448 - LRB102 24698 AMC 33937 b
1		Section 250;
2		(S) For taxable years ending on or after December
3		31, 1997, in the case of a Subchapter S corporation, an
4		amount equal to all amounts of income allocable to a
5		shareholder subject to the Personal Property Tax
6		Replacement Income Tax imposed by subsections (c) and
7		(d) of Section 201 of this Act, including amounts
8		allocable to organizations exempt from federal income
9		tax by reason of Section 501(a) of the Internal
10		Revenue Code. This subparagraph (S) is exempt from the
11		provisions of Section 250;
12		(T) For taxable years 2001 and thereafter, for the
13		taxable year in which the bonus depreciation deduction
14		is taken on the taxpayer's federal income tax return
15		under subsection (k) of Section 168 of the Internal
16		Revenue Code and for each applicable taxable year
17		thereafter, an amount equal to "x", where:
18		(1) "y" equals the amount of the depreciation
19		deduction taken for the taxable year on the
20		taxpayer's federal income tax return on property
21		for which the bonus depreciation deduction was
22		taken in any year under subsection (k) of Section
23		168 of the Internal Revenue Code, but not
24		including the bonus depreciation deduction;
25		(2) for taxable years ending on or before
26		December 31, 2005, "x" equals "y" multiplied by 30

HB5501 Engrossed - 449 - LRB102 24698 AMC 33937 b
1		and then divided by 70 (or "y" multiplied by
2		0.429); and
3		(3) for taxable years ending after December
4		31, 2005:
5		(i) for property on which a bonus
6		depreciation deduction of 30% of the adjusted
7		basis was taken, "x" equals "y" multiplied by
8		30 and then divided by 70 (or "y" multiplied
9		by 0.429);
10		(ii) for property on which a bonus
11		depreciation deduction of 50% of the adjusted
12		basis was taken, "x" equals "y" multiplied by
13		1.0;
14		(iii) for property on which a bonus
15		depreciation deduction of 100% of the adjusted
16		basis was taken in a taxable year ending on or
17		after December 31, 2021, "x" equals the
18		depreciation deduction that would be allowed
19		on that property if the taxpayer had made the
20		election under Section 168(k)(7) of the
21		Internal Revenue Code to not claim bonus
22		depreciation deprecation on that property; and
23		(iv) for property on which a bonus
24		depreciation deduction of a percentage other
25		than 30%, 50% or 100% of the adjusted basis
26		was taken in a taxable year ending on or after

HB5501 Engrossed - 450 - LRB102 24698 AMC 33937 b
1		December 31, 2021, "x" equals "y" multiplied
2		by 100 times the percentage bonus depreciation
3		on the property (that is, 100(bonus%)) and
4		then divided by 100 times 1 minus the
5		percentage bonus depreciation on the property
6		(that is, 100(1–bonus%)).
7		The aggregate amount deducted under this
8		subparagraph in all taxable years for any one piece of
9		property may not exceed the amount of the bonus
10		depreciation deduction taken on that property on the
11		taxpayer's federal income tax return under subsection
12		(k) of Section 168 of the Internal Revenue Code. This
13		subparagraph (T) is exempt from the provisions of
14		Section 250;
15		(U) If the taxpayer sells, transfers, abandons, or
16		otherwise disposes of property for which the taxpayer
17		was required in any taxable year to make an addition
18		modification under subparagraph (E-10), then an amount
19		equal to that addition modification.
20		If the taxpayer continues to own property through
21		the last day of the last tax year for which a
22		subtraction is allowed with respect to that property
23		under subparagraph (T) and for which the taxpayer was
24		required in any taxable year to make an addition
25		modification under subparagraph (E-10), then an amount
26		equal to that addition modification.

HB5501 Engrossed - 451 - LRB102 24698 AMC 33937 b
1		The taxpayer is allowed to take the deduction
2		under this subparagraph only once with respect to any
3		one piece of property.
4		This subparagraph (U) is exempt from the
5		provisions of Section 250;
6		(V) The amount of: (i) any interest income (net of
7		the deductions allocable thereto) taken into account
8		for the taxable year with respect to a transaction
9		with a taxpayer that is required to make an addition
10		modification with respect to such transaction under
11		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
12		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
13		the amount of such addition modification, (ii) any
14		income from intangible property (net of the deductions
15		allocable thereto) taken into account for the taxable
16		year with respect to a transaction with a taxpayer
17		that is required to make an addition modification with
18		respect to such transaction under Section
19		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
20		203(d)(2)(D-8), but not to exceed the amount of such
21		addition modification, and (iii) any insurance premium
22		income (net of deductions allocable thereto) taken
23		into account for the taxable year with respect to a
24		transaction with a taxpayer that is required to make
25		an addition modification with respect to such
26		transaction under Section 203(a)(2)(D-19), Section

HB5501 Engrossed - 452 - LRB102 24698 AMC 33937 b
1		203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
2		203(d)(2)(D-9), but not to exceed the amount of that
3		addition modification. This subparagraph (V) is exempt
4		from the provisions of Section 250;
5		(W) An amount equal to the interest income taken
6		into account for the taxable year (net of the
7		deductions allocable thereto) with respect to
8		transactions with (i) a foreign person who would be a
9		member of the taxpayer's unitary business group but
10		for the fact that the foreign person's business
11		activity outside the United States is 80% or more of
12		that person's total business activity and (ii) for
13		taxable years ending on or after December 31, 2008, to
14		a person who would be a member of the same unitary
15		business group but for the fact that the person is
16		prohibited under Section 1501(a)(27) from being
17		included in the unitary business group because he or
18		she is ordinarily required to apportion business
19		income under different subsections of Section 304, but
20		not to exceed the addition modification required to be
21		made for the same taxable year under Section
22		203(b)(2)(E-12) for interest paid, accrued, or
23		incurred, directly or indirectly, to the same person.
24		This subparagraph (W) is exempt from the provisions of
25		Section 250;
26		(X) An amount equal to the income from intangible

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1		property taken into account for the taxable year (net
2		of the deductions allocable thereto) with respect to
3		transactions with (i) a foreign person who would be a
4		member of the taxpayer's unitary business group but
5		for the fact that the foreign person's business
6		activity outside the United States is 80% or more of
7		that person's total business activity and (ii) for
8		taxable years ending on or after December 31, 2008, to
9		a person who would be a member of the same unitary
10		business group but for the fact that the person is
11		prohibited under Section 1501(a)(27) from being
12		included in the unitary business group because he or
13		she is ordinarily required to apportion business
14		income under different subsections of Section 304, but
15		not to exceed the addition modification required to be
16		made for the same taxable year under Section
17		203(b)(2)(E-13) for intangible expenses and costs
18		paid, accrued, or incurred, directly or indirectly, to
19		the same foreign person. This subparagraph (X) is
20		exempt from the provisions of Section 250;
21		(Y) For taxable years ending on or after December
22		31, 2011, in the case of a taxpayer who was required to
23		add back any insurance premiums under Section
24		203(b)(2)(E-14), such taxpayer may elect to subtract
25		that part of a reimbursement received from the
26		insurance company equal to the amount of the expense

HB5501 Engrossed - 454 - LRB102 24698 AMC 33937 b
1		or loss (including expenses incurred by the insurance
2		company) that would have been taken into account as a
3		deduction for federal income tax purposes if the
4		expense or loss had been uninsured. If a taxpayer
5		makes the election provided for by this subparagraph
6		(Y), the insurer to which the premiums were paid must
7		add back to income the amount subtracted by the
8		taxpayer pursuant to this subparagraph (Y). This
9		subparagraph (Y) is exempt from the provisions of
10		Section 250; and
11		(Z) The difference between the nondeductible
12		controlled foreign corporation dividends under Section
13		965(e)(3) of the Internal Revenue Code over the
14		taxable income of the taxpayer, computed without
15		regard to Section 965(e)(2)(A) of the Internal Revenue
16		Code, and without regard to any net operating loss
17		deduction. This subparagraph (Z) is exempt from the
18		provisions of Section 250.
19		(3) Special rule. For purposes of paragraph (2)(A),
20		"gross income" in the case of a life insurance company,
21		for tax years ending on and after December 31, 1994, and
22		prior to December 31, 2011, shall mean the gross
23		investment income for the taxable year and, for tax years
24		ending on or after December 31, 2011, shall mean all
25		amounts included in life insurance gross income under
26		Section 803(a)(3) of the Internal Revenue Code.

HB5501 Engrossed - 455 - LRB102 24698 AMC 33937 b
1		(c) Trusts and estates.
2		(1) In general. In the case of a trust or estate, base
3		income means an amount equal to the taxpayer's taxable
4		income for the taxable year as modified by paragraph (2).
5		(2) Modifications. Subject to the provisions of
6		paragraph (3), the taxable income referred to in paragraph
7		(1) shall be modified by adding thereto the sum of the
8		following amounts:
9		(A) An amount equal to all amounts paid or accrued
10		to the taxpayer as interest or dividends during the
11		taxable year to the extent excluded from gross income
12		in the computation of taxable income;
13		(B) In the case of (i) an estate, $600; (ii) a
14		trust which, under its governing instrument, is
15		required to distribute all of its income currently,
16		$300; and (iii) any other trust, $100, but in each such
17		case, only to the extent such amount was deducted in
18		the computation of taxable income;
19		(C) An amount equal to the amount of tax imposed by
20		this Act to the extent deducted from gross income in
21		the computation of taxable income for the taxable
22		year;
23		(D) The amount of any net operating loss deduction
24		taken in arriving at taxable income, other than a net
25		operating loss carried forward from a taxable year

HB5501 Engrossed - 456 - LRB102 24698 AMC 33937 b
1		ending prior to December 31, 1986;
2		(E) For taxable years in which a net operating
3		loss carryback or carryforward from a taxable year
4		ending prior to December 31, 1986 is an element of
5		taxable income under paragraph (1) of subsection (e)
6		or subparagraph (E) of paragraph (2) of subsection
7		(e), the amount by which addition modifications other
8		than those provided by this subparagraph (E) exceeded
9		subtraction modifications in such taxable year, with
10		the following limitations applied in the order that
11		they are listed:
12		(i) the addition modification relating to the
13		net operating loss carried back or forward to the
14		taxable year from any taxable year ending prior to
15		December 31, 1986 shall be reduced by the amount
16		of addition modification under this subparagraph
17		(E) which related to that net operating loss and
18		which was taken into account in calculating the
19		base income of an earlier taxable year, and
20		(ii) the addition modification relating to the
21		net operating loss carried back or forward to the
22		taxable year from any taxable year ending prior to
23		December 31, 1986 shall not exceed the amount of
24		such carryback or carryforward;
25		For taxable years in which there is a net
26		operating loss carryback or carryforward from more

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1		than one other taxable year ending prior to December
2		31, 1986, the addition modification provided in this
3		subparagraph (E) shall be the sum of the amounts
4		computed independently under the preceding provisions
5		of this subparagraph (E) for each such taxable year;
6		(F) For taxable years ending on or after January
7		1, 1989, an amount equal to the tax deducted pursuant
8		to Section 164 of the Internal Revenue Code if the
9		trust or estate is claiming the same tax for purposes
10		of the Illinois foreign tax credit under Section 601
11		of this Act;
12		(G) An amount equal to the amount of the capital
13		gain deduction allowable under the Internal Revenue
14		Code, to the extent deducted from gross income in the
15		computation of taxable income;
16		(G-5) For taxable years ending after December 31,
17		1997, an amount equal to any eligible remediation
18		costs that the trust or estate deducted in computing
19		adjusted gross income and for which the trust or
20		estate claims a credit under subsection (l) of Section
21		201;
22		(G-10) For taxable years 2001 and thereafter, an
23		amount equal to the bonus depreciation deduction taken
24		on the taxpayer's federal income tax return for the
25		taxable year under subsection (k) of Section 168 of
26		the Internal Revenue Code; and

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1		(G-11) If the taxpayer sells, transfers, abandons,
2		or otherwise disposes of property for which the
3		taxpayer was required in any taxable year to make an
4		addition modification under subparagraph (G-10), then
5		an amount equal to the aggregate amount of the
6		deductions taken in all taxable years under
7		subparagraph (R) with respect to that property.
8		If the taxpayer continues to own property through
9		the last day of the last tax year for which a
10		subtraction is allowed with respect to that property
11		under subparagraph (R) and for which the taxpayer was
12		allowed in any taxable year to make a subtraction
13		modification under subparagraph (R), then an amount
14		equal to that subtraction modification.
15		The taxpayer is required to make the addition
16		modification under this subparagraph only once with
17		respect to any one piece of property;
18		(G-12) An amount equal to the amount otherwise
19		allowed as a deduction in computing base income for
20		interest paid, accrued, or incurred, directly or
21		indirectly, (i) for taxable years ending on or after
22		December 31, 2004, to a foreign person who would be a
23		member of the same unitary business group but for the
24		fact that the foreign person's business activity
25		outside the United States is 80% or more of the foreign
26		person's total business activity and (ii) for taxable

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1		years ending on or after December 31, 2008, to a person
2		who would be a member of the same unitary business
3		group but for the fact that the person is prohibited
4		under Section 1501(a)(27) from being included in the
5		unitary business group because he or she is ordinarily
6		required to apportion business income under different
7		subsections of Section 304. The addition modification
8		required by this subparagraph shall be reduced to the
9		extent that dividends were included in base income of
10		the unitary group for the same taxable year and
11		received by the taxpayer or by a member of the
12		taxpayer's unitary business group (including amounts
13		included in gross income pursuant to Sections 951
14		through 964 of the Internal Revenue Code and amounts
15		included in gross income under Section 78 of the
16		Internal Revenue Code) with respect to the stock of
17		the same person to whom the interest was paid,
18		accrued, or incurred.
19		This paragraph shall not apply to the following:
20		(i) an item of interest paid, accrued, or
21		incurred, directly or indirectly, to a person who
22		is subject in a foreign country or state, other
23		than a state which requires mandatory unitary
24		reporting, to a tax on or measured by net income
25		with respect to such interest; or
26		(ii) an item of interest paid, accrued, or

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1		incurred, directly or indirectly, to a person if
2		the taxpayer can establish, based on a
3		preponderance of the evidence, both of the
4		following:
5		(a) the person, during the same taxable
6		year, paid, accrued, or incurred, the interest
7		to a person that is not a related member, and
8		(b) the transaction giving rise to the
9		interest expense between the taxpayer and the
10		person did not have as a principal purpose the
11		avoidance of Illinois income tax, and is paid
12		pursuant to a contract or agreement that
13		reflects an arm's-length interest rate and
14		terms; or
15		(iii) the taxpayer can establish, based on
16		clear and convincing evidence, that the interest
17		paid, accrued, or incurred relates to a contract
18		or agreement entered into at arm's-length rates
19		and terms and the principal purpose for the
20		payment is not federal or Illinois tax avoidance;
21		or
22		(iv) an item of interest paid, accrued, or
23		incurred, directly or indirectly, to a person if
24		the taxpayer establishes by clear and convincing
25		evidence that the adjustments are unreasonable; or
26		if the taxpayer and the Director agree in writing

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1		to the application or use of an alternative method
2		of apportionment under Section 304(f).
3		Nothing in this subsection shall preclude the
4		Director from making any other adjustment
5		otherwise allowed under Section 404 of this Act
6		for any tax year beginning after the effective
7		date of this amendment provided such adjustment is
8		made pursuant to regulation adopted by the
9		Department and such regulations provide methods
10		and standards by which the Department will utilize
11		its authority under Section 404 of this Act;
12		(G-13) An amount equal to the amount of intangible
13		expenses and costs otherwise allowed as a deduction in
14		computing base income, and that were paid, accrued, or
15		incurred, directly or indirectly, (i) for taxable
16		years ending on or after December 31, 2004, to a
17		foreign person who would be a member of the same
18		unitary business group but for the fact that the
19		foreign person's business activity outside the United
20		States is 80% or more of that person's total business
21		activity and (ii) for taxable years ending on or after
22		December 31, 2008, to a person who would be a member of
23		the same unitary business group but for the fact that
24		the person is prohibited under Section 1501(a)(27)
25		from being included in the unitary business group
26		because he or she is ordinarily required to apportion

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1		business income under different subsections of Section
2		304. The addition modification required by this
3		subparagraph shall be reduced to the extent that
4		dividends were included in base income of the unitary
5		group for the same taxable year and received by the
6		taxpayer or by a member of the taxpayer's unitary
7		business group (including amounts included in gross
8		income pursuant to Sections 951 through 964 of the
9		Internal Revenue Code and amounts included in gross
10		income under Section 78 of the Internal Revenue Code)
11		with respect to the stock of the same person to whom
12		the intangible expenses and costs were directly or
13		indirectly paid, incurred, or accrued. The preceding
14		sentence shall not apply to the extent that the same
15		dividends caused a reduction to the addition
16		modification required under Section 203(c)(2)(G-12) of
17		this Act. As used in this subparagraph, the term
18		"intangible expenses and costs" includes: (1)
19		expenses, losses, and costs for or related to the
20		direct or indirect acquisition, use, maintenance or
21		management, ownership, sale, exchange, or any other
22		disposition of intangible property; (2) losses
23		incurred, directly or indirectly, from factoring
24		transactions or discounting transactions; (3) royalty,
25		patent, technical, and copyright fees; (4) licensing
26		fees; and (5) other similar expenses and costs. For

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1		purposes of this subparagraph, "intangible property"
2		includes patents, patent applications, trade names,
3		trademarks, service marks, copyrights, mask works,
4		trade secrets, and similar types of intangible assets.
5		This paragraph shall not apply to the following:
6		(i) any item of intangible expenses or costs
7		paid, accrued, or incurred, directly or
8		indirectly, from a transaction with a person who
9		is subject in a foreign country or state, other
10		than a state which requires mandatory unitary
11		reporting, to a tax on or measured by net income
12		with respect to such item; or
13		(ii) any item of intangible expense or cost
14		paid, accrued, or incurred, directly or
15		indirectly, if the taxpayer can establish, based
16		on a preponderance of the evidence, both of the
17		following:
18		(a) the person during the same taxable
19		year paid, accrued, or incurred, the
20		intangible expense or cost to a person that is
21		not a related member, and
22		(b) the transaction giving rise to the
23		intangible expense or cost between the
24		taxpayer and the person did not have as a
25		principal purpose the avoidance of Illinois
26		income tax, and is paid pursuant to a contract

HB5501 Engrossed - 464 - LRB102 24698 AMC 33937 b
1		or agreement that reflects arm's-length terms;
2		or
3		(iii) any item of intangible expense or cost
4		paid, accrued, or incurred, directly or
5		indirectly, from a transaction with a person if
6		the taxpayer establishes by clear and convincing
7		evidence, that the adjustments are unreasonable;
8		or if the taxpayer and the Director agree in
9		writing to the application or use of an
10		alternative method of apportionment under Section
11		304(f);
12		Nothing in this subsection shall preclude the
13		Director from making any other adjustment
14		otherwise allowed under Section 404 of this Act
15		for any tax year beginning after the effective
16		date of this amendment provided such adjustment is
17		made pursuant to regulation adopted by the
18		Department and such regulations provide methods
19		and standards by which the Department will utilize
20		its authority under Section 404 of this Act;
21		(G-14) For taxable years ending on or after
22		December 31, 2008, an amount equal to the amount of
23		insurance premium expenses and costs otherwise allowed
24		as a deduction in computing base income, and that were
25		paid, accrued, or incurred, directly or indirectly, to
26		a person who would be a member of the same unitary

HB5501 Engrossed - 465 - LRB102 24698 AMC 33937 b
1		business group but for the fact that the person is
2		prohibited under Section 1501(a)(27) from being
3		included in the unitary business group because he or
4		she is ordinarily required to apportion business
5		income under different subsections of Section 304. The
6		addition modification required by this subparagraph
7		shall be reduced to the extent that dividends were
8		included in base income of the unitary group for the
9		same taxable year and received by the taxpayer or by a
10		member of the taxpayer's unitary business group
11		(including amounts included in gross income under
12		Sections 951 through 964 of the Internal Revenue Code
13		and amounts included in gross income under Section 78
14		of the Internal Revenue Code) with respect to the
15		stock of the same person to whom the premiums and costs
16		were directly or indirectly paid, incurred, or
17		accrued. The preceding sentence does not apply to the
18		extent that the same dividends caused a reduction to
19		the addition modification required under Section
20		203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this
21		Act;
22		(G-15) An amount equal to the credit allowable to
23		the taxpayer under Section 218(a) of this Act,
24		determined without regard to Section 218(c) of this
25		Act;
26		(G-16) For taxable years ending on or after

HB5501 Engrossed - 466 - LRB102 24698 AMC 33937 b
1		December 31, 2017, an amount equal to the deduction
2		allowed under Section 199 of the Internal Revenue Code
3		for the taxable year;
4		and by deducting from the total so obtained the sum of the
5		following amounts:
6		(H) An amount equal to all amounts included in
7		such total pursuant to the provisions of Sections
8		402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408
9		of the Internal Revenue Code or included in such total
10		as distributions under the provisions of any
11		retirement or disability plan for employees of any
12		governmental agency or unit, or retirement payments to
13		retired partners, which payments are excluded in
14		computing net earnings from self employment by Section
15		1402 of the Internal Revenue Code and regulations
16		adopted pursuant thereto;
17		(I) The valuation limitation amount;
18		(J) An amount equal to the amount of any tax
19		imposed by this Act which was refunded to the taxpayer
20		and included in such total for the taxable year;
21		(K) An amount equal to all amounts included in
22		taxable income as modified by subparagraphs (A), (B),
23		(C), (D), (E), (F) and (G) which are exempt from
24		taxation by this State either by reason of its
25		statutes or Constitution or by reason of the
26		Constitution, treaties or statutes of the United

HB5501 Engrossed - 467 - LRB102 24698 AMC 33937 b
1		States; provided that, in the case of any statute of
2		this State that exempts income derived from bonds or
3		other obligations from the tax imposed under this Act,
4		the amount exempted shall be the interest net of bond
5		premium amortization;
6		(L) With the exception of any amounts subtracted
7		under subparagraph (K), an amount equal to the sum of
8		all amounts disallowed as deductions by (i) Sections
9		171(a)(2) and 265(a)(2) of the Internal Revenue Code,
10		and all amounts of expenses allocable to interest and
11		disallowed as deductions by Section 265(a)(1) of the
12		Internal Revenue Code; and (ii) for taxable years
13		ending on or after August 13, 1999, Sections
14		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
15		Internal Revenue Code, plus, (iii) for taxable years
16		ending on or after December 31, 2011, Section
17		45G(e)(3) of the Internal Revenue Code and, for
18		taxable years ending on or after December 31, 2008,
19		any amount included in gross income under Section 87
20		of the Internal Revenue Code; the provisions of this
21		subparagraph are exempt from the provisions of Section
22		250;
23		(M) An amount equal to those dividends included in
24		such total which were paid by a corporation which
25		conducts business operations in a River Edge
26		Redevelopment Zone or zones created under the River

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1		Edge Redevelopment Zone Act and conducts substantially
2		all of its operations in a River Edge Redevelopment
3		Zone or zones. This subparagraph (M) is exempt from
4		the provisions of Section 250;
5		(N) An amount equal to any contribution made to a
6		job training project established pursuant to the Tax
7		Increment Allocation Redevelopment Act;
8		(O) An amount equal to those dividends included in
9		such total that were paid by a corporation that
10		conducts business operations in a federally designated
11		Foreign Trade Zone or Sub-Zone and that is designated
12		a High Impact Business located in Illinois; provided
13		that dividends eligible for the deduction provided in
14		subparagraph (M) of paragraph (2) of this subsection
15		shall not be eligible for the deduction provided under
16		this subparagraph (O);
17		(P) An amount equal to the amount of the deduction
18		used to compute the federal income tax credit for
19		restoration of substantial amounts held under claim of
20		right for the taxable year pursuant to Section 1341 of
21		the Internal Revenue Code;
22		(Q) For taxable year 1999 and thereafter, an
23		amount equal to the amount of any (i) distributions,
24		to the extent includible in gross income for federal
25		income tax purposes, made to the taxpayer because of
26		his or her status as a victim of persecution for racial

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1		or religious reasons by Nazi Germany or any other Axis
2		regime or as an heir of the victim and (ii) items of
3		income, to the extent includible in gross income for
4		federal income tax purposes, attributable to, derived
5		from or in any way related to assets stolen from,
6		hidden from, or otherwise lost to a victim of
7		persecution for racial or religious reasons by Nazi
8		Germany or any other Axis regime immediately prior to,
9		during, and immediately after World War II, including,
10		but not limited to, interest on the proceeds
11		receivable as insurance under policies issued to a
12		victim of persecution for racial or religious reasons
13		by Nazi Germany or any other Axis regime by European
14		insurance companies immediately prior to and during
15		World War II; provided, however, this subtraction from
16		federal adjusted gross income does not apply to assets
17		acquired with such assets or with the proceeds from
18		the sale of such assets; provided, further, this
19		paragraph shall only apply to a taxpayer who was the
20		first recipient of such assets after their recovery
21		and who is a victim of persecution for racial or
22		religious reasons by Nazi Germany or any other Axis
23		regime or as an heir of the victim. The amount of and
24		the eligibility for any public assistance, benefit, or
25		similar entitlement is not affected by the inclusion
26		of items (i) and (ii) of this paragraph in gross income

HB5501 Engrossed - 470 - LRB102 24698 AMC 33937 b
1		for federal income tax purposes. This paragraph is
2		exempt from the provisions of Section 250;
3		(R) For taxable years 2001 and thereafter, for the
4		taxable year in which the bonus depreciation deduction
5		is taken on the taxpayer's federal income tax return
6		under subsection (k) of Section 168 of the Internal
7		Revenue Code and for each applicable taxable year
8		thereafter, an amount equal to "x", where:
9		(1) "y" equals the amount of the depreciation
10		deduction taken for the taxable year on the
11		taxpayer's federal income tax return on property
12		for which the bonus depreciation deduction was
13		taken in any year under subsection (k) of Section
14		168 of the Internal Revenue Code, but not
15		including the bonus depreciation deduction;
16		(2) for taxable years ending on or before
17		December 31, 2005, "x" equals "y" multiplied by 30
18		and then divided by 70 (or "y" multiplied by
19		0.429); and
20		(3) for taxable years ending after December
21		31, 2005:
22		(i) for property on which a bonus
23		depreciation deduction of 30% of the adjusted
24		basis was taken, "x" equals "y" multiplied by
25		30 and then divided by 70 (or "y" multiplied
26		by 0.429);

HB5501 Engrossed - 471 - LRB102 24698 AMC 33937 b
1		(ii) for property on which a bonus
2		depreciation deduction of 50% of the adjusted
3		basis was taken, "x" equals "y" multiplied by
4		1.0;
5		(iii) for property on which a bonus
6		depreciation deduction of 100% of the adjusted
7		basis was taken in a taxable year ending on or
8		after December 31, 2021, "x" equals the
9		depreciation deduction that would be allowed
10		on that property if the taxpayer had made the
11		election under Section 168(k)(7) of the
12		Internal Revenue Code to not claim bonus
13		depreciation deprecation on that property; and
14		(iv) for property on which a bonus
15		depreciation deduction of a percentage other
16		than 30%, 50% or 100% of the adjusted basis
17		was taken in a taxable year ending on or after
18		December 31, 2021, "x" equals "y" multiplied
19		by 100 times the percentage bonus depreciation
20		on the property (that is, 100(bonus%)) and
21		then divided by 100 times 1 minus the
22		percentage bonus depreciation on the property
23		(that is, 100(1–bonus%)).
24		The aggregate amount deducted under this
25		subparagraph in all taxable years for any one piece of
26		property may not exceed the amount of the bonus

HB5501 Engrossed - 472 - LRB102 24698 AMC 33937 b
1		depreciation deduction taken on that property on the
2		taxpayer's federal income tax return under subsection
3		(k) of Section 168 of the Internal Revenue Code. This
4		subparagraph (R) is exempt from the provisions of
5		Section 250;
6		(S) If the taxpayer sells, transfers, abandons, or
7		otherwise disposes of property for which the taxpayer
8		was required in any taxable year to make an addition
9		modification under subparagraph (G-10), then an amount
10		equal to that addition modification.
11		If the taxpayer continues to own property through
12		the last day of the last tax year for which a
13		subtraction is allowed with respect to that property
14		under subparagraph (R) and for which the taxpayer was
15		required in any taxable year to make an addition
16		modification under subparagraph (G-10), then an amount
17		equal to that addition modification.
18		The taxpayer is allowed to take the deduction
19		under this subparagraph only once with respect to any
20		one piece of property.
21		This subparagraph (S) is exempt from the
22		provisions of Section 250;
23		(T) The amount of (i) any interest income (net of
24		the deductions allocable thereto) taken into account
25		for the taxable year with respect to a transaction
26		with a taxpayer that is required to make an addition

HB5501 Engrossed - 473 - LRB102 24698 AMC 33937 b
1		modification with respect to such transaction under
2		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
3		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
4		the amount of such addition modification and (ii) any
5		income from intangible property (net of the deductions
6		allocable thereto) taken into account for the taxable
7		year with respect to a transaction with a taxpayer
8		that is required to make an addition modification with
9		respect to such transaction under Section
10		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
11		203(d)(2)(D-8), but not to exceed the amount of such
12		addition modification. This subparagraph (T) is exempt
13		from the provisions of Section 250;
14		(U) An amount equal to the interest income taken
15		into account for the taxable year (net of the
16		deductions allocable thereto) with respect to
17		transactions with (i) a foreign person who would be a
18		member of the taxpayer's unitary business group but
19		for the fact the foreign person's business activity
20		outside the United States is 80% or more of that
21		person's total business activity and (ii) for taxable
22		years ending on or after December 31, 2008, to a person
23		who would be a member of the same unitary business
24		group but for the fact that the person is prohibited
25		under Section 1501(a)(27) from being included in the
26		unitary business group because he or she is ordinarily

HB5501 Engrossed - 474 - LRB102 24698 AMC 33937 b
1		required to apportion business income under different
2		subsections of Section 304, but not to exceed the
3		addition modification required to be made for the same
4		taxable year under Section 203(c)(2)(G-12) for
5		interest paid, accrued, or incurred, directly or
6		indirectly, to the same person. This subparagraph (U)
7		is exempt from the provisions of Section 250;
8		(V) An amount equal to the income from intangible
9		property taken into account for the taxable year (net
10		of the deductions allocable thereto) with respect to
11		transactions with (i) a foreign person who would be a
12		member of the taxpayer's unitary business group but
13		for the fact that the foreign person's business
14		activity outside the United States is 80% or more of
15		that person's total business activity and (ii) for
16		taxable years ending on or after December 31, 2008, to
17		a person who would be a member of the same unitary
18		business group but for the fact that the person is
19		prohibited under Section 1501(a)(27) from being
20		included in the unitary business group because he or
21		she is ordinarily required to apportion business
22		income under different subsections of Section 304, but
23		not to exceed the addition modification required to be
24		made for the same taxable year under Section
25		203(c)(2)(G-13) for intangible expenses and costs
26		paid, accrued, or incurred, directly or indirectly, to

HB5501 Engrossed - 475 - LRB102 24698 AMC 33937 b
1		the same foreign person. This subparagraph (V) is
2		exempt from the provisions of Section 250;
3		(W) in the case of an estate, an amount equal to
4		all amounts included in such total pursuant to the
5		provisions of Section 111 of the Internal Revenue Code
6		as a recovery of items previously deducted by the
7		decedent from adjusted gross income in the computation
8		of taxable income. This subparagraph (W) is exempt
9		from Section 250;
10		(X) an amount equal to the refund included in such
11		total of any tax deducted for federal income tax
12		purposes, to the extent that deduction was added back
13		under subparagraph (F). This subparagraph (X) is
14		exempt from the provisions of Section 250;
15		(Y) For taxable years ending on or after December
16		31, 2011, in the case of a taxpayer who was required to
17		add back any insurance premiums under Section
18		203(c)(2)(G-14), such taxpayer may elect to subtract
19		that part of a reimbursement received from the
20		insurance company equal to the amount of the expense
21		or loss (including expenses incurred by the insurance
22		company) that would have been taken into account as a
23		deduction for federal income tax purposes if the
24		expense or loss had been uninsured. If a taxpayer
25		makes the election provided for by this subparagraph
26		(Y), the insurer to which the premiums were paid must

HB5501 Engrossed - 476 - LRB102 24698 AMC 33937 b
1		add back to income the amount subtracted by the
2		taxpayer pursuant to this subparagraph (Y). This
3		subparagraph (Y) is exempt from the provisions of
4		Section 250; and
5		(Z) For taxable years beginning after December 31,
6		2018 and before January 1, 2026, the amount of excess
7		business loss of the taxpayer disallowed as a
8		deduction by Section 461(l)(1)(B) of the Internal
9		Revenue Code.
10		(3) Limitation. The amount of any modification
11		otherwise required under this subsection shall, under
12		regulations prescribed by the Department, be adjusted by
13		any amounts included therein which were properly paid,
14		credited, or required to be distributed, or permanently
15		set aside for charitable purposes pursuant to Internal
16		Revenue Code Section 642(c) during the taxable year.
17		(d) Partnerships.
18		(1) In general. In the case of a partnership, base
19		income means an amount equal to the taxpayer's taxable
20		income for the taxable year as modified by paragraph (2).
21		(2) Modifications. The taxable income referred to in
22		paragraph (1) shall be modified by adding thereto the sum
23		of the following amounts:
24		(A) An amount equal to all amounts paid or accrued
25		to the taxpayer as interest or dividends during the

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1		taxable year to the extent excluded from gross income
2		in the computation of taxable income;
3		(B) An amount equal to the amount of tax imposed by
4		this Act to the extent deducted from gross income for
5		the taxable year;
6		(C) The amount of deductions allowed to the
7		partnership pursuant to Section 707 (c) of the
8		Internal Revenue Code in calculating its taxable
9		income;
10		(D) An amount equal to the amount of the capital
11		gain deduction allowable under the Internal Revenue
12		Code, to the extent deducted from gross income in the
13		computation of taxable income;
14		(D-5) For taxable years 2001 and thereafter, an
15		amount equal to the bonus depreciation deduction taken
16		on the taxpayer's federal income tax return for the
17		taxable year under subsection (k) of Section 168 of
18		the Internal Revenue Code;
19		(D-6) If the taxpayer sells, transfers, abandons,
20		or otherwise disposes of property for which the
21		taxpayer was required in any taxable year to make an
22		addition modification under subparagraph (D-5), then
23		an amount equal to the aggregate amount of the
24		deductions taken in all taxable years under
25		subparagraph (O) with respect to that property.
26		If the taxpayer continues to own property through

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1		the last day of the last tax year for which a
2		subtraction is allowed with respect to that property
3		under subparagraph (O) and for which the taxpayer was
4		allowed in any taxable year to make a subtraction
5		modification under subparagraph (O), then an amount
6		equal to that subtraction modification.
7		The taxpayer is required to make the addition
8		modification under this subparagraph only once with
9		respect to any one piece of property;
10		(D-7) An amount equal to the amount otherwise
11		allowed as a deduction in computing base income for
12		interest paid, accrued, or incurred, directly or
13		indirectly, (i) for taxable years ending on or after
14		December 31, 2004, to a foreign person who would be a
15		member of the same unitary business group but for the
16		fact the foreign person's business activity outside
17		the United States is 80% or more of the foreign
18		person's total business activity and (ii) for taxable
19		years ending on or after December 31, 2008, to a person
20		who would be a member of the same unitary business
21		group but for the fact that the person is prohibited
22		under Section 1501(a)(27) from being included in the
23		unitary business group because he or she is ordinarily
24		required to apportion business income under different
25		subsections of Section 304. The addition modification
26		required by this subparagraph shall be reduced to the

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1		extent that dividends were included in base income of
2		the unitary group for the same taxable year and
3		received by the taxpayer or by a member of the
4		taxpayer's unitary business group (including amounts
5		included in gross income pursuant to Sections 951
6		through 964 of the Internal Revenue Code and amounts
7		included in gross income under Section 78 of the
8		Internal Revenue Code) with respect to the stock of
9		the same person to whom the interest was paid,
10		accrued, or incurred.
11		This paragraph shall not apply to the following:
12		(i) an item of interest paid, accrued, or
13		incurred, directly or indirectly, to a person who
14		is subject in a foreign country or state, other
15		than a state which requires mandatory unitary
16		reporting, to a tax on or measured by net income
17		with respect to such interest; or
18		(ii) an item of interest paid, accrued, or
19		incurred, directly or indirectly, to a person if
20		the taxpayer can establish, based on a
21		preponderance of the evidence, both of the
22		following:
23		(a) the person, during the same taxable
24		year, paid, accrued, or incurred, the interest
25		to a person that is not a related member, and
26		(b) the transaction giving rise to the

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1		interest expense between the taxpayer and the
2		person did not have as a principal purpose the
3		avoidance of Illinois income tax, and is paid
4		pursuant to a contract or agreement that
5		reflects an arm's-length interest rate and
6		terms; or
7		(iii) the taxpayer can establish, based on
8		clear and convincing evidence, that the interest
9		paid, accrued, or incurred relates to a contract
10		or agreement entered into at arm's-length rates
11		and terms and the principal purpose for the
12		payment is not federal or Illinois tax avoidance;
13		or
14		(iv) an item of interest paid, accrued, or
15		incurred, directly or indirectly, to a person if
16		the taxpayer establishes by clear and convincing
17		evidence that the adjustments are unreasonable; or
18		if the taxpayer and the Director agree in writing
19		to the application or use of an alternative method
20		of apportionment under Section 304(f).
21		Nothing in this subsection shall preclude the
22		Director from making any other adjustment
23		otherwise allowed under Section 404 of this Act
24		for any tax year beginning after the effective
25		date of this amendment provided such adjustment is
26		made pursuant to regulation adopted by the

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1		Department and such regulations provide methods
2		and standards by which the Department will utilize
3		its authority under Section 404 of this Act; and
4		(D-8) An amount equal to the amount of intangible
5		expenses and costs otherwise allowed as a deduction in
6		computing base income, and that were paid, accrued, or
7		incurred, directly or indirectly, (i) for taxable
8		years ending on or after December 31, 2004, to a
9		foreign person who would be a member of the same
10		unitary business group but for the fact that the
11		foreign person's business activity outside the United
12		States is 80% or more of that person's total business
13		activity and (ii) for taxable years ending on or after
14		December 31, 2008, to a person who would be a member of
15		the same unitary business group but for the fact that
16		the person is prohibited under Section 1501(a)(27)
17		from being included in the unitary business group
18		because he or she is ordinarily required to apportion
19		business income under different subsections of Section
20		304. The addition modification required by this
21		subparagraph shall be reduced to the extent that
22		dividends were included in base income of the unitary
23		group for the same taxable year and received by the
24		taxpayer or by a member of the taxpayer's unitary
25		business group (including amounts included in gross
26		income pursuant to Sections 951 through 964 of the

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1		Internal Revenue Code and amounts included in gross
2		income under Section 78 of the Internal Revenue Code)
3		with respect to the stock of the same person to whom
4		the intangible expenses and costs were directly or
5		indirectly paid, incurred or accrued. The preceding
6		sentence shall not apply to the extent that the same
7		dividends caused a reduction to the addition
8		modification required under Section 203(d)(2)(D-7) of
9		this Act. As used in this subparagraph, the term
10		"intangible expenses and costs" includes (1) expenses,
11		losses, and costs for, or related to, the direct or
12		indirect acquisition, use, maintenance or management,
13		ownership, sale, exchange, or any other disposition of
14		intangible property; (2) losses incurred, directly or
15		indirectly, from factoring transactions or discounting
16		transactions; (3) royalty, patent, technical, and
17		copyright fees; (4) licensing fees; and (5) other
18		similar expenses and costs. For purposes of this
19		subparagraph, "intangible property" includes patents,
20		patent applications, trade names, trademarks, service
21		marks, copyrights, mask works, trade secrets, and
22		similar types of intangible assets;
23		This paragraph shall not apply to the following:
24		(i) any item of intangible expenses or costs
25		paid, accrued, or incurred, directly or
26		indirectly, from a transaction with a person who

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1		is subject in a foreign country or state, other
2		than a state which requires mandatory unitary
3		reporting, to a tax on or measured by net income
4		with respect to such item; or
5		(ii) any item of intangible expense or cost
6		paid, accrued, or incurred, directly or
7		indirectly, if the taxpayer can establish, based
8		on a preponderance of the evidence, both of the
9		following:
10		(a) the person during the same taxable
11		year paid, accrued, or incurred, the
12		intangible expense or cost to a person that is
13		not a related member, and
14		(b) the transaction giving rise to the
15		intangible expense or cost between the
16		taxpayer and the person did not have as a
17		principal purpose the avoidance of Illinois
18		income tax, and is paid pursuant to a contract
19		or agreement that reflects arm's-length terms;
20		or
21		(iii) any item of intangible expense or cost
22		paid, accrued, or incurred, directly or
23		indirectly, from a transaction with a person if
24		the taxpayer establishes by clear and convincing
25		evidence, that the adjustments are unreasonable;
26		or if the taxpayer and the Director agree in

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1		writing to the application or use of an
2		alternative method of apportionment under Section
3		304(f);
4		Nothing in this subsection shall preclude the
5		Director from making any other adjustment
6		otherwise allowed under Section 404 of this Act
7		for any tax year beginning after the effective
8		date of this amendment provided such adjustment is
9		made pursuant to regulation adopted by the
10		Department and such regulations provide methods
11		and standards by which the Department will utilize
12		its authority under Section 404 of this Act;
13		(D-9) For taxable years ending on or after
14		December 31, 2008, an amount equal to the amount of
15		insurance premium expenses and costs otherwise allowed
16		as a deduction in computing base income, and that were
17		paid, accrued, or incurred, directly or indirectly, to
18		a person who would be a member of the same unitary
19		business group but for the fact that the person is
20		prohibited under Section 1501(a)(27) from being
21		included in the unitary business group because he or
22		she is ordinarily required to apportion business
23		income under different subsections of Section 304. The
24		addition modification required by this subparagraph
25		shall be reduced to the extent that dividends were
26		included in base income of the unitary group for the

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1		same taxable year and received by the taxpayer or by a
2		member of the taxpayer's unitary business group
3		(including amounts included in gross income under
4		Sections 951 through 964 of the Internal Revenue Code
5		and amounts included in gross income under Section 78
6		of the Internal Revenue Code) with respect to the
7		stock of the same person to whom the premiums and costs
8		were directly or indirectly paid, incurred, or
9		accrued. The preceding sentence does not apply to the
10		extent that the same dividends caused a reduction to
11		the addition modification required under Section
12		203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
13		(D-10) An amount equal to the credit allowable to
14		the taxpayer under Section 218(a) of this Act,
15		determined without regard to Section 218(c) of this
16		Act;
17		(D-11) For taxable years ending on or after
18		December 31, 2017, an amount equal to the deduction
19		allowed under Section 199 of the Internal Revenue Code
20		for the taxable year;
21		and by deducting from the total so obtained the following
22		amounts:
23		(E) The valuation limitation amount;
24		(F) An amount equal to the amount of any tax
25		imposed by this Act which was refunded to the taxpayer
26		and included in such total for the taxable year;

HB5501 Engrossed - 486 - LRB102 24698 AMC 33937 b
1		(G) An amount equal to all amounts included in
2		taxable income as modified by subparagraphs (A), (B),
3		(C) and (D) which are exempt from taxation by this
4		State either by reason of its statutes or Constitution
5		or by reason of the Constitution, treaties or statutes
6		of the United States; provided that, in the case of any
7		statute of this State that exempts income derived from
8		bonds or other obligations from the tax imposed under
9		this Act, the amount exempted shall be the interest
10		net of bond premium amortization;
11		(H) Any income of the partnership which
12		constitutes personal service income as defined in
13		Section 1348(b)(1) of the Internal Revenue Code (as in
14		effect December 31, 1981) or a reasonable allowance
15		for compensation paid or accrued for services rendered
16		by partners to the partnership, whichever is greater;
17		this subparagraph (H) is exempt from the provisions of
18		Section 250;
19		(I) An amount equal to all amounts of income
20		distributable to an entity subject to the Personal
21		Property Tax Replacement Income Tax imposed by
22		subsections (c) and (d) of Section 201 of this Act
23		including amounts distributable to organizations
24		exempt from federal income tax by reason of Section
25		501(a) of the Internal Revenue Code; this subparagraph
26		(I) is exempt from the provisions of Section 250;

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1		(J) With the exception of any amounts subtracted
2		under subparagraph (G), an amount equal to the sum of
3		all amounts disallowed as deductions by (i) Sections
4		171(a)(2) and 265(a)(2) of the Internal Revenue Code,
5		and all amounts of expenses allocable to interest and
6		disallowed as deductions by Section 265(a)(1) of the
7		Internal Revenue Code; and (ii) for taxable years
8		ending on or after August 13, 1999, Sections
9		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
10		Internal Revenue Code, plus, (iii) for taxable years
11		ending on or after December 31, 2011, Section
12		45G(e)(3) of the Internal Revenue Code and, for
13		taxable years ending on or after December 31, 2008,
14		any amount included in gross income under Section 87
15		of the Internal Revenue Code; the provisions of this
16		subparagraph are exempt from the provisions of Section
17		250;
18		(K) An amount equal to those dividends included in
19		such total which were paid by a corporation which
20		conducts business operations in a River Edge
21		Redevelopment Zone or zones created under the River
22		Edge Redevelopment Zone Act and conducts substantially
23		all of its operations from a River Edge Redevelopment
24		Zone or zones. This subparagraph (K) is exempt from
25		the provisions of Section 250;
26		(L) An amount equal to any contribution made to a

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1		job training project established pursuant to the Real
2		Property Tax Increment Allocation Redevelopment Act;
3		(M) An amount equal to those dividends included in
4		such total that were paid by a corporation that
5		conducts business operations in a federally designated
6		Foreign Trade Zone or Sub-Zone and that is designated
7		a High Impact Business located in Illinois; provided
8		that dividends eligible for the deduction provided in
9		subparagraph (K) of paragraph (2) of this subsection
10		shall not be eligible for the deduction provided under
11		this subparagraph (M);
12		(N) An amount equal to the amount of the deduction
13		used to compute the federal income tax credit for
14		restoration of substantial amounts held under claim of
15		right for the taxable year pursuant to Section 1341 of
16		the Internal Revenue Code;
17		(O) For taxable years 2001 and thereafter, for the
18		taxable year in which the bonus depreciation deduction
19		is taken on the taxpayer's federal income tax return
20		under subsection (k) of Section 168 of the Internal
21		Revenue Code and for each applicable taxable year
22		thereafter, an amount equal to "x", where:
23		(1) "y" equals the amount of the depreciation
24		deduction taken for the taxable year on the
25		taxpayer's federal income tax return on property
26		for which the bonus depreciation deduction was

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1		taken in any year under subsection (k) of Section
2		168 of the Internal Revenue Code, but not
3		including the bonus depreciation deduction;
4		(2) for taxable years ending on or before
5		December 31, 2005, "x" equals "y" multiplied by 30
6		and then divided by 70 (or "y" multiplied by
7		0.429); and
8		(3) for taxable years ending after December
9		31, 2005:
10		(i) for property on which a bonus
11		depreciation deduction of 30% of the adjusted
12		basis was taken, "x" equals "y" multiplied by
13		30 and then divided by 70 (or "y" multiplied
14		by 0.429);
15		(ii) for property on which a bonus
16		depreciation deduction of 50% of the adjusted
17		basis was taken, "x" equals "y" multiplied by
18		1.0;
19		(iii) for property on which a bonus
20		depreciation deduction of 100% of the adjusted
21		basis was taken in a taxable year ending on or
22		after December 31, 2021, "x" equals the
23		depreciation deduction that would be allowed
24		on that property if the taxpayer had made the
25		election under Section 168(k)(7) of the
26		Internal Revenue Code to not claim bonus

HB5501 Engrossed - 490 - LRB102 24698 AMC 33937 b
1		depreciation deprecation on that property; and
2		(iv) for property on which a bonus
3		depreciation deduction of a percentage other
4		than 30%, 50% or 100% of the adjusted basis
5		was taken in a taxable year ending on or after
6		December 31, 2021, "x" equals "y" multiplied
7		by 100 times the percentage bonus depreciation
8		on the property (that is, 100(bonus%)) and
9		then divided by 100 times 1 minus the
10		percentage bonus depreciation on the property
11		(that is, 100(1–bonus%)).
12		The aggregate amount deducted under this
13		subparagraph in all taxable years for any one piece of
14		property may not exceed the amount of the bonus
15		depreciation deduction taken on that property on the
16		taxpayer's federal income tax return under subsection
17		(k) of Section 168 of the Internal Revenue Code. This
18		subparagraph (O) is exempt from the provisions of
19		Section 250;
20		(P) If the taxpayer sells, transfers, abandons, or
21		otherwise disposes of property for which the taxpayer
22		was required in any taxable year to make an addition
23		modification under subparagraph (D-5), then an amount
24		equal to that addition modification.
25		If the taxpayer continues to own property through
26		the last day of the last tax year for which a

HB5501 Engrossed - 491 - LRB102 24698 AMC 33937 b
1		subtraction is allowed with respect to that property
2		under subparagraph (O) and for which the taxpayer was
3		required in any taxable year to make an addition
4		modification under subparagraph (D-5), then an amount
5		equal to that addition modification.
6		The taxpayer is allowed to take the deduction
7		under this subparagraph only once with respect to any
8		one piece of property.
9		This subparagraph (P) is exempt from the
10		provisions of Section 250;
11		(Q) The amount of (i) any interest income (net of
12		the deductions allocable thereto) taken into account
13		for the taxable year with respect to a transaction
14		with a taxpayer that is required to make an addition
15		modification with respect to such transaction under
16		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
17		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
18		the amount of such addition modification and (ii) any
19		income from intangible property (net of the deductions
20		allocable thereto) taken into account for the taxable
21		year with respect to a transaction with a taxpayer
22		that is required to make an addition modification with
23		respect to such transaction under Section
24		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
25		203(d)(2)(D-8), but not to exceed the amount of such
26		addition modification. This subparagraph (Q) is exempt

HB5501 Engrossed - 492 - LRB102 24698 AMC 33937 b
1		from Section 250;
2		(R) An amount equal to the interest income taken
3		into account for the taxable year (net of the
4		deductions allocable thereto) with respect to
5		transactions with (i) a foreign person who would be a
6		member of the taxpayer's unitary business group but
7		for the fact that the foreign person's business
8		activity outside the United States is 80% or more of
9		that person's total business activity and (ii) for
10		taxable years ending on or after December 31, 2008, to
11		a person who would be a member of the same unitary
12		business group but for the fact that the person is
13		prohibited under Section 1501(a)(27) from being
14		included in the unitary business group because he or
15		she is ordinarily required to apportion business
16		income under different subsections of Section 304, but
17		not to exceed the addition modification required to be
18		made for the same taxable year under Section
19		203(d)(2)(D-7) for interest paid, accrued, or
20		incurred, directly or indirectly, to the same person.
21		This subparagraph (R) is exempt from Section 250;
22		(S) An amount equal to the income from intangible
23		property taken into account for the taxable year (net
24		of the deductions allocable thereto) with respect to
25		transactions with (i) a foreign person who would be a
26		member of the taxpayer's unitary business group but

HB5501 Engrossed - 493 - LRB102 24698 AMC 33937 b
1		for the fact that the foreign person's business
2		activity outside the United States is 80% or more of
3		that person's total business activity and (ii) for
4		taxable years ending on or after December 31, 2008, to
5		a person who would be a member of the same unitary
6		business group but for the fact that the person is
7		prohibited under Section 1501(a)(27) from being
8		included in the unitary business group because he or
9		she is ordinarily required to apportion business
10		income under different subsections of Section 304, but
11		not to exceed the addition modification required to be
12		made for the same taxable year under Section
13		203(d)(2)(D-8) for intangible expenses and costs paid,
14		accrued, or incurred, directly or indirectly, to the
15		same person. This subparagraph (S) is exempt from
16		Section 250; and
17		(T) For taxable years ending on or after December
18		31, 2011, in the case of a taxpayer who was required to
19		add back any insurance premiums under Section
20		203(d)(2)(D-9), such taxpayer may elect to subtract
21		that part of a reimbursement received from the
22		insurance company equal to the amount of the expense
23		or loss (including expenses incurred by the insurance
24		company) that would have been taken into account as a
25		deduction for federal income tax purposes if the
26		expense or loss had been uninsured. If a taxpayer

HB5501 Engrossed - 494 - LRB102 24698 AMC 33937 b
1		makes the election provided for by this subparagraph
2		(T), the insurer to which the premiums were paid must
3		add back to income the amount subtracted by the
4		taxpayer pursuant to this subparagraph (T). This
5		subparagraph (T) is exempt from the provisions of
6		Section 250.
7		(e) Gross income; adjusted gross income; taxable income.
8		(1) In general. Subject to the provisions of paragraph
9		(2) and subsection (b)(3), for purposes of this Section
10		and Section 803(e), a taxpayer's gross income, adjusted
11		gross income, or taxable income for the taxable year shall
12		mean the amount of gross income, adjusted gross income or
13		taxable income properly reportable for federal income tax
14		purposes for the taxable year under the provisions of the
15		Internal Revenue Code. Taxable income may be less than
16		zero. However, for taxable years ending on or after
17		December 31, 1986, net operating loss carryforwards from
18		taxable years ending prior to December 31, 1986, may not
19		exceed the sum of federal taxable income for the taxable
20		year before net operating loss deduction, plus the excess
21		of addition modifications over subtraction modifications
22		for the taxable year. For taxable years ending prior to
23		December 31, 1986, taxable income may never be an amount
24		in excess of the net operating loss for the taxable year as
25		defined in subsections (c) and (d) of Section 172 of the

HB5501 Engrossed - 495 - LRB102 24698 AMC 33937 b
1		Internal Revenue Code, provided that when taxable income
2		of a corporation (other than a Subchapter S corporation),
3		trust, or estate is less than zero and addition
4		modifications, other than those provided by subparagraph
5		(E) of paragraph (2) of subsection (b) for corporations or
6		subparagraph (E) of paragraph (2) of subsection (c) for
7		trusts and estates, exceed subtraction modifications, an
8		addition modification must be made under those
9		subparagraphs for any other taxable year to which the
10		taxable income less than zero (net operating loss) is
11		applied under Section 172 of the Internal Revenue Code or
12		under subparagraph (E) of paragraph (2) of this subsection
13		(e) applied in conjunction with Section 172 of the
14		Internal Revenue Code.
15		(2) Special rule. For purposes of paragraph (1) of
16		this subsection, the taxable income properly reportable
17		for federal income tax purposes shall mean:
18		(A) Certain life insurance companies. In the case
19		of a life insurance company subject to the tax imposed
20		by Section 801 of the Internal Revenue Code, life
21		insurance company taxable income, plus the amount of
22		distribution from pre-1984 policyholder surplus
23		accounts as calculated under Section 815a of the
24		Internal Revenue Code;
25		(B) Certain other insurance companies. In the case
26		of mutual insurance companies subject to the tax

HB5501 Engrossed - 496 - LRB102 24698 AMC 33937 b
1		imposed by Section 831 of the Internal Revenue Code,
2		insurance company taxable income;
3		(C) Regulated investment companies. In the case of
4		a regulated investment company subject to the tax
5		imposed by Section 852 of the Internal Revenue Code,
6		investment company taxable income;
7		(D) Real estate investment trusts. In the case of
8		a real estate investment trust subject to the tax
9		imposed by Section 857 of the Internal Revenue Code,
10		real estate investment trust taxable income;
11		(E) Consolidated corporations. In the case of a
12		corporation which is a member of an affiliated group
13		of corporations filing a consolidated income tax
14		return for the taxable year for federal income tax
15		purposes, taxable income determined as if such
16		corporation had filed a separate return for federal
17		income tax purposes for the taxable year and each
18		preceding taxable year for which it was a member of an
19		affiliated group. For purposes of this subparagraph,
20		the taxpayer's separate taxable income shall be
21		determined as if the election provided by Section
22		243(b)(2) of the Internal Revenue Code had been in
23		effect for all such years;
24		(F) Cooperatives. In the case of a cooperative
25		corporation or association, the taxable income of such
26		organization determined in accordance with the

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1		provisions of Section 1381 through 1388 of the
2		Internal Revenue Code, but without regard to the
3		prohibition against offsetting losses from patronage
4		activities against income from nonpatronage
5		activities; except that a cooperative corporation or
6		association may make an election to follow its federal
7		income tax treatment of patronage losses and
8		nonpatronage losses. In the event such election is
9		made, such losses shall be computed and carried over
10		in a manner consistent with subsection (a) of Section
11		207 of this Act and apportioned by the apportionment
12		factor reported by the cooperative on its Illinois
13		income tax return filed for the taxable year in which
14		the losses are incurred. The election shall be
15		effective for all taxable years with original returns
16		due on or after the date of the election. In addition,
17		the cooperative may file an amended return or returns,
18		as allowed under this Act, to provide that the
19		election shall be effective for losses incurred or
20		carried forward for taxable years occurring prior to
21		the date of the election. Once made, the election may
22		only be revoked upon approval of the Director. The
23		Department shall adopt rules setting forth
24		requirements for documenting the elections and any
25		resulting Illinois net loss and the standards to be
26		used by the Director in evaluating requests to revoke

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1		elections. Public Act 96-932 is declaratory of
2		existing law;
3		(G) Subchapter S corporations. In the case of: (i)
4		a Subchapter S corporation for which there is in
5		effect an election for the taxable year under Section
6		1362 of the Internal Revenue Code, the taxable income
7		of such corporation determined in accordance with
8		Section 1363(b) of the Internal Revenue Code, except
9		that taxable income shall take into account those
10		items which are required by Section 1363(b)(1) of the
11		Internal Revenue Code to be separately stated; and
12		(ii) a Subchapter S corporation for which there is in
13		effect a federal election to opt out of the provisions
14		of the Subchapter S Revision Act of 1982 and have
15		applied instead the prior federal Subchapter S rules
16		as in effect on July 1, 1982, the taxable income of
17		such corporation determined in accordance with the
18		federal Subchapter S rules as in effect on July 1,
19		1982; and
20		(H) Partnerships. In the case of a partnership,
21		taxable income determined in accordance with Section
22		703 of the Internal Revenue Code, except that taxable
23		income shall take into account those items which are
24		required by Section 703(a)(1) to be separately stated
25		but which would be taken into account by an individual
26		in calculating his taxable income.

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1		(3) Recapture of business expenses on disposition of
2		asset or business. Notwithstanding any other law to the
3		contrary, if in prior years income from an asset or
4		business has been classified as business income and in a
5		later year is demonstrated to be non-business income, then
6		all expenses, without limitation, deducted in such later
7		year and in the 2 immediately preceding taxable years
8		related to that asset or business that generated the
9		non-business income shall be added back and recaptured as
10		business income in the year of the disposition of the
11		asset or business. Such amount shall be apportioned to
12		Illinois using the greater of the apportionment fraction
13		computed for the business under Section 304 of this Act
14		for the taxable year or the average of the apportionment
15		fractions computed for the business under Section 304 of
16		this Act for the taxable year and for the 2 immediately
17		preceding taxable years.
18		(f) Valuation limitation amount.
19		(1) In general. The valuation limitation amount
20		referred to in subsections (a)(2)(G), (c)(2)(I) and
21		(d)(2)(E) is an amount equal to:
22		(A) The sum of the pre-August 1, 1969 appreciation
23		amounts (to the extent consisting of gain reportable
24		under the provisions of Section 1245 or 1250 of the
25		Internal Revenue Code) for all property in respect of

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1		which such gain was reported for the taxable year;
2		plus
3		(B) The lesser of (i) the sum of the pre-August 1,
4		1969 appreciation amounts (to the extent consisting of
5		capital gain) for all property in respect of which
6		such gain was reported for federal income tax purposes
7		for the taxable year, or (ii) the net capital gain for
8		the taxable year, reduced in either case by any amount
9		of such gain included in the amount determined under
10		subsection (a)(2)(F) or (c)(2)(H).
11		(2) Pre-August 1, 1969 appreciation amount.
12		(A) If the fair market value of property referred
13		to in paragraph (1) was readily ascertainable on
14		August 1, 1969, the pre-August 1, 1969 appreciation
15		amount for such property is the lesser of (i) the
16		excess of such fair market value over the taxpayer's
17		basis (for determining gain) for such property on that
18		date (determined under the Internal Revenue Code as in
19		effect on that date), or (ii) the total gain realized
20		and reportable for federal income tax purposes in
21		respect of the sale, exchange or other disposition of
22		such property.
23		(B) If the fair market value of property referred
24		to in paragraph (1) was not readily ascertainable on
25		August 1, 1969, the pre-August 1, 1969 appreciation
26		amount for such property is that amount which bears

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1		the same ratio to the total gain reported in respect of
2		the property for federal income tax purposes for the
3		taxable year, as the number of full calendar months in
4		that part of the taxpayer's holding period for the
5		property ending July 31, 1969 bears to the number of
6		full calendar months in the taxpayer's entire holding
7		period for the property.
8		(C) The Department shall prescribe such
9		regulations as may be necessary to carry out the
10		purposes of this paragraph.
11		(g) Double deductions. Unless specifically provided
12		otherwise, nothing in this Section shall permit the same item
13		to be deducted more than once.
14		(h) Legislative intention. Except as expressly provided by
15		this Section there shall be no modifications or limitations on
16		the amounts of income, gain, loss or deduction taken into
17		account in determining gross income, adjusted gross income or
18		taxable income for federal income tax purposes for the taxable
19		year, or in the amount of such items entering into the
20		computation of base income and net income under this Act for
21		such taxable year, whether in respect of property values as of
22		August 1, 1969 or otherwise.
23		(Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19;
24		102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, eff.

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1		8-27-21; revised 10-14-21.)
2		(35 ILCS 5/901)
3		Sec. 901. Collection authority.
4		(a) In general. The Department shall collect the taxes
5		imposed by this Act. The Department shall collect certified
6		past due child support amounts under Section 2505-650 of the
7		Department of Revenue Law of the Civil Administrative Code of
8		Illinois. Except as provided in subsections (b), (c), (e),
9		(f), (g), and (h) of this Section, money collected pursuant to
10		subsections (a) and (b) of Section 201 of this Act shall be
11		paid into the General Revenue Fund in the State treasury;
12		money collected pursuant to subsections (c) and (d) of Section
13		201 of this Act shall be paid into the Personal Property Tax
14		Replacement Fund, a special fund in the State Treasury; and
15		money collected under Section 2505-650 of the Department of
16		Revenue Law of the Civil Administrative Code of Illinois shall
17		be paid into the Child Support Enforcement Trust Fund, a
18		special fund outside the State Treasury, or to the State
19		Disbursement Unit established under Section 10-26 of the
20		Illinois Public Aid Code, as directed by the Department of
21		Healthcare and Family Services.
22		(b) Local Government Distributive Fund. Beginning August
23		1, 2017, the Treasurer shall transfer each month from the
24		General Revenue Fund to the Local Government Distributive Fund
25		an amount equal to the sum of: (i) 6.06% (10% of the ratio of

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1		the 3% individual income tax rate prior to 2011 to the 4.95%
2		individual income tax rate after July 1, 2017) of the net
3		revenue realized from the tax imposed by subsections (a) and
4		(b) of Section 201 of this Act upon individuals, trusts, and
5		estates during the preceding month; (ii) 6.85% (10% of the
6		ratio of the 4.8% corporate income tax rate prior to 2011 to
7		the 7% corporate income tax rate after July 1, 2017) of the net
8		revenue realized from the tax imposed by subsections (a) and
9		(b) of Section 201 of this Act upon corporations during the
10		preceding month; and (iii) beginning February 1, 2022, 6.06%
11		of the net revenue realized from the tax imposed by subsection
12		(p) of Section 201 of this Act upon electing pass-through
13		entities. Net revenue realized for a month shall be defined as
14		the revenue from the tax imposed by subsections (a) and (b) of
15		Section 201 of this Act which is deposited in the General
16		Revenue Fund, the Education Assistance Fund, the Income Tax
17		Surcharge Local Government Distributive Fund, the Fund for the
18		Advancement of Education, and the Commitment to Human Services
19		Fund during the month minus the amount paid out of the General
20		Revenue Fund in State warrants during that same month as
21		refunds to taxpayers for overpayment of liability under the
22		tax imposed by subsections (a) and (b) of Section 201 of this
23		Act.
24		Notwithstanding any provision of law to the contrary,
25		beginning on July 6, 2017 (the effective date of Public Act
26		100-23), those amounts required under this subsection (b) to

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1		be transferred by the Treasurer into the Local Government
2		Distributive Fund from the General Revenue Fund shall be
3		directly deposited into the Local Government Distributive Fund
4		as the revenue is realized from the tax imposed by subsections
5		(a) and (b) of Section 201 of this Act.
6		(c) Deposits Into Income Tax Refund Fund.
7		(1) Beginning on January 1, 1989 and thereafter, the
8		Department shall deposit a percentage of the amounts
9		collected pursuant to subsections (a) and (b)(1), (2), and
10		(3) of Section 201 of this Act into a fund in the State
11		treasury known as the Income Tax Refund Fund. Beginning
12		with State fiscal year 1990 and for each fiscal year
13		thereafter, the percentage deposited into the Income Tax
14		Refund Fund during a fiscal year shall be the Annual
15		Percentage. For fiscal year 2011, the Annual Percentage
16		shall be 8.75%. For fiscal year 2012, the Annual
17		Percentage shall be 8.75%. For fiscal year 2013, the
18		Annual Percentage shall be 9.75%. For fiscal year 2014,
19		the Annual Percentage shall be 9.5%. For fiscal year 2015,
20		the Annual Percentage shall be 10%. For fiscal year 2018,
21		the Annual Percentage shall be 9.8%. For fiscal year 2019,
22		the Annual Percentage shall be 9.7%. For fiscal year 2020,
23		the Annual Percentage shall be 9.5%. For fiscal year 2021,
24		the Annual Percentage shall be 9%. For fiscal year 2022,
25		the Annual Percentage shall be 9.25%. For all other fiscal
26		years, the Annual Percentage shall be calculated as a

HB5501 Engrossed - 505 - LRB102 24698 AMC 33937 b
1		fraction, the numerator of which shall be the amount of
2		refunds approved for payment by the Department during the
3		preceding fiscal year as a result of overpayment of tax
4		liability under subsections (a) and (b)(1), (2), and (3)
5		of Section 201 of this Act plus the amount of such refunds
6		remaining approved but unpaid at the end of the preceding
7		fiscal year, minus the amounts transferred into the Income
8		Tax Refund Fund from the Tobacco Settlement Recovery Fund,
9		and the denominator of which shall be the amounts which
10		will be collected pursuant to subsections (a) and (b)(1),
11		(2), and (3) of Section 201 of this Act during the
12		preceding fiscal year; except that in State fiscal year
13		2002, the Annual Percentage shall in no event exceed 7.6%.
14		The Director of Revenue shall certify the Annual
15		Percentage to the Comptroller on the last business day of
16		the fiscal year immediately preceding the fiscal year for
17		which it is to be effective.
18		(2) Beginning on January 1, 1989 and thereafter, the
19		Department shall deposit a percentage of the amounts
20		collected pursuant to subsections (a) and (b)(6), (7), and
21		(8), (c) and (d) of Section 201 of this Act into a fund in
22		the State treasury known as the Income Tax Refund Fund.
23		Beginning with State fiscal year 1990 and for each fiscal
24		year thereafter, the percentage deposited into the Income
25		Tax Refund Fund during a fiscal year shall be the Annual
26		Percentage. For fiscal year 2011, the Annual Percentage

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1		shall be 17.5%. For fiscal year 2012, the Annual
2		Percentage shall be 17.5%. For fiscal year 2013, the
3		Annual Percentage shall be 14%. For fiscal year 2014, the
4		Annual Percentage shall be 13.4%. For fiscal year 2015,
5		the Annual Percentage shall be 14%. For fiscal year 2018,
6		the Annual Percentage shall be 17.5%. For fiscal year
7		2019, the Annual Percentage shall be 15.5%. For fiscal
8		year 2020, the Annual Percentage shall be 14.25%. For
9		fiscal year 2021, the Annual Percentage shall be 14%. For
10		fiscal year 2022, the Annual Percentage shall be 15%. For
11		all other fiscal years, the Annual Percentage shall be
12		calculated as a fraction, the numerator of which shall be
13		the amount of refunds approved for payment by the
14		Department during the preceding fiscal year as a result of
15		overpayment of tax liability under subsections (a) and
16		(b)(6), (7), and (8), (c) and (d) of Section 201 of this
17		Act plus the amount of such refunds remaining approved but
18		unpaid at the end of the preceding fiscal year, and the
19		denominator of which shall be the amounts which will be
20		collected pursuant to subsections (a) and (b)(6), (7), and
21		(8), (c) and (d) of Section 201 of this Act during the
22		preceding fiscal year; except that in State fiscal year
23		2002, the Annual Percentage shall in no event exceed 23%.
24		The Director of Revenue shall certify the Annual
25		Percentage to the Comptroller on the last business day of
26		the fiscal year immediately preceding the fiscal year for

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1		which it is to be effective.
2		(3) The Comptroller shall order transferred and the
3		Treasurer shall transfer from the Tobacco Settlement
4		Recovery Fund to the Income Tax Refund Fund (i)
5		$35,000,000 in January, 2001, (ii) $35,000,000 in January,
6		2002, and (iii) $35,000,000 in January, 2003.
7		(d) Expenditures from Income Tax Refund Fund.
8		(1) Beginning January 1, 1989, money in the Income Tax
9		Refund Fund shall be expended exclusively for the purpose
10		of paying refunds resulting from overpayment of tax
11		liability under Section 201 of this Act and for making
12		transfers pursuant to this subsection (d).
13		(2) The Director shall order payment of refunds
14		resulting from overpayment of tax liability under Section
15		201 of this Act from the Income Tax Refund Fund only to the
16		extent that amounts collected pursuant to Section 201 of
17		this Act and transfers pursuant to this subsection (d) and
18		item (3) of subsection (c) have been deposited and
19		retained in the Fund.
20		(3) As soon as possible after the end of each fiscal
21		year, the Director shall order transferred and the State
22		Treasurer and State Comptroller shall transfer from the
23		Income Tax Refund Fund to the Personal Property Tax
24		Replacement Fund an amount, certified by the Director to
25		the Comptroller, equal to the excess of the amount
26		collected pursuant to subsections (c) and (d) of Section

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1		201 of this Act deposited into the Income Tax Refund Fund
2		during the fiscal year over the amount of refunds
3		resulting from overpayment of tax liability under
4		subsections (c) and (d) of Section 201 of this Act paid
5		from the Income Tax Refund Fund during the fiscal year.
6		(4) As soon as possible after the end of each fiscal
7		year, the Director shall order transferred and the State
8		Treasurer and State Comptroller shall transfer from the
9		Personal Property Tax Replacement Fund to the Income Tax
10		Refund Fund an amount, certified by the Director to the
11		Comptroller, equal to the excess of the amount of refunds
12		resulting from overpayment of tax liability under
13		subsections (c) and (d) of Section 201 of this Act paid
14		from the Income Tax Refund Fund during the fiscal year
15		over the amount collected pursuant to subsections (c) and
16		(d) of Section 201 of this Act deposited into the Income
17		Tax Refund Fund during the fiscal year.
18		(4.5) As soon as possible after the end of fiscal year
19		1999 and of each fiscal year thereafter, the Director
20		shall order transferred and the State Treasurer and State
21		Comptroller shall transfer from the Income Tax Refund Fund
22		to the General Revenue Fund any surplus remaining in the
23		Income Tax Refund Fund as of the end of such fiscal year;
24		excluding for fiscal years 2000, 2001, and 2002 amounts
25		attributable to transfers under item (3) of subsection (c)
26		less refunds resulting from the earned income tax credit.

HB5501 Engrossed - 509 - LRB102 24698 AMC 33937 b
1		(5) This Act shall constitute an irrevocable and
2		continuing appropriation from the Income Tax Refund Fund
3		for the purpose of paying refunds upon the order of the
4		Director in accordance with the provisions of this
5		Section.
6		(e) Deposits into the Education Assistance Fund and the
7		Income Tax Surcharge Local Government Distributive Fund. On
8		July 1, 1991, and thereafter, of the amounts collected
9		pursuant to subsections (a) and (b) of Section 201 of this Act,
10		minus deposits into the Income Tax Refund Fund, the Department
11		shall deposit 7.3% into the Education Assistance Fund in the
12		State Treasury. Beginning July 1, 1991, and continuing through
13		January 31, 1993, of the amounts collected pursuant to
14		subsections (a) and (b) of Section 201 of the Illinois Income
15		Tax Act, minus deposits into the Income Tax Refund Fund, the
16		Department shall deposit 3.0% into the Income Tax Surcharge
17		Local Government Distributive Fund in the State Treasury.
18		Beginning February 1, 1993 and continuing through June 30,
19		1993, of the amounts collected pursuant to subsections (a) and
20		(b) of Section 201 of the Illinois Income Tax Act, minus
21		deposits into the Income Tax Refund Fund, the Department shall
22		deposit 4.4% into the Income Tax Surcharge Local Government
23		Distributive Fund in the State Treasury. Beginning July 1,
24		1993, and continuing through June 30, 1994, of the amounts
25		collected under subsections (a) and (b) of Section 201 of this
26		Act, minus deposits into the Income Tax Refund Fund, the

HB5501 Engrossed - 510 - LRB102 24698 AMC 33937 b
1		Department shall deposit 1.475% into the Income Tax Surcharge
2		Local Government Distributive Fund in the State Treasury.
3		(f) Deposits into the Fund for the Advancement of
4		Education. Beginning February 1, 2015, the Department shall
5		deposit the following portions of the revenue realized from
6		the tax imposed upon individuals, trusts, and estates by
7		subsections (a) and (b) of Section 201 of this Act, minus
8		deposits into the Income Tax Refund Fund, into the Fund for the
9		Advancement of Education:
10		(1) beginning February 1, 2015, and prior to February
11		1, 2025, 1/30; and
12		(2) beginning February 1, 2025, 1/26.
13		If the rate of tax imposed by subsection (a) and (b) of
14		Section 201 is reduced pursuant to Section 201.5 of this Act,
15		the Department shall not make the deposits required by this
16		subsection (f) on or after the effective date of the
17		reduction.
18		(g) Deposits into the Commitment to Human Services Fund.
19		Beginning February 1, 2015, the Department shall deposit the
20		following portions of the revenue realized from the tax
21		imposed upon individuals, trusts, and estates by subsections
22		(a) and (b) of Section 201 of this Act, minus deposits into the
23		Income Tax Refund Fund, into the Commitment to Human Services
24		Fund:
25		(1) beginning February 1, 2015, and prior to February
26		1, 2025, 1/30; and

HB5501 Engrossed - 511 - LRB102 24698 AMC 33937 b
1		(2) beginning February 1, 2025, 1/26.
2		If the rate of tax imposed by subsection (a) and (b) of
3		Section 201 is reduced pursuant to Section 201.5 of this Act,
4		the Department shall not make the deposits required by this
5		subsection (g) on or after the effective date of the
6		reduction.
7		(h) Deposits into the Tax Compliance and Administration
8		Fund. Beginning on the first day of the first calendar month to
9		occur on or after August 26, 2014 (the effective date of Public
10		Act 98-1098), each month the Department shall pay into the Tax
11		Compliance and Administration Fund, to be used, subject to
12		appropriation, to fund additional auditors and compliance
13		personnel at the Department, an amount equal to 1/12 of 5% of
14		the cash receipts collected during the preceding fiscal year
15		by the Audit Bureau of the Department from the tax imposed by
16		subsections (a), (b), (c), and (d) of Section 201 of this Act,
17		net of deposits into the Income Tax Refund Fund made from those
18		cash receipts.
19		(Source: P.A. 101-8, see Section 99 for effective date;
20		101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
21		6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
22		eff. 8-27-21; revised 10-19-21.)
23		(35 ILCS 5/917) (from Ch. 120, par. 9-917)
24		Sec. 917. Confidentiality and information sharing.
25		(a) Confidentiality. Except as provided in this Section,

HB5501 Engrossed - 512 - LRB102 24698 AMC 33937 b
1		all information received by the Department from returns filed
2		under this Act, or from any investigation conducted under the
3		provisions of this Act, shall be confidential, except for
4		official purposes within the Department or pursuant to
5		official procedures for collection of any State tax or
6		pursuant to an investigation or audit by the Illinois State
7		Scholarship Commission of a delinquent student loan or
8		monetary award or enforcement of any civil or criminal penalty
9		or sanction imposed by this Act or by another statute imposing
10		a State tax, and any person who divulges any such information
11		in any manner, except for such purposes and pursuant to order
12		of the Director or in accordance with a proper judicial order,
13		shall be guilty of a Class A misdemeanor. However, the
14		provisions of this paragraph are not applicable to information
15		furnished to (i) the Department of Healthcare and Family
16		Services (formerly Department of Public Aid), State's
17		Attorneys, and the Attorney General for child support
18		enforcement purposes and (ii) a licensed attorney representing
19		the taxpayer where an appeal or a protest has been filed on
20		behalf of the taxpayer. If it is necessary to file information
21		obtained pursuant to this Act in a child support enforcement
22		proceeding, the information shall be filed under seal. The
23		furnishing upon request of the Auditor General, or his or her
24		authorized agents, for official use of returns filed and
25		information related thereto under this Act is deemed to be an
26		official purpose within the Department within the meaning of

HB5501 Engrossed - 513 - LRB102 24698 AMC 33937 b
1		this Section.
2		(b) Public information. Nothing contained in this Act
3		shall prevent the Director from publishing or making available
4		to the public the names and addresses of persons filing
5		returns under this Act, or from publishing or making available
6		reasonable statistics concerning the operation of the tax
7		wherein the contents of returns are grouped into aggregates in
8		such a way that the information contained in any individual
9		return shall not be disclosed.
10		(c) Governmental agencies. The Director may make available
11		to the Secretary of the Treasury of the United States or his
12		delegate, or the proper officer or his delegate of any other
13		state imposing a tax upon or measured by income, for
14		exclusively official purposes, information received by the
15		Department in the administration of this Act, but such
16		permission shall be granted only if the United States or such
17		other state, as the case may be, grants the Department
18		substantially similar privileges. The Director may exchange
19		information with the Department of Healthcare and Family
20		Services and the Department of Human Services (acting as
21		successor to the Department of Public Aid under the Department
22		of Human Services Act) for the purpose of verifying sources
23		and amounts of income and for other purposes directly
24		connected with the administration of this Act, the Illinois
25		Public Aid Code, and any other health benefit program
26		administered by the State. The Director may exchange

HB5501 Engrossed - 514 - LRB102 24698 AMC 33937 b
1		information with the Director of the Department of Employment
2		Security for the purpose of verifying sources and amounts of
3		income and for other purposes directly connected with the
4		administration of this Act and Acts administered by the
5		Department of Employment Security. The Director may make
6		available to the Illinois Workers' Compensation Commission
7		information regarding employers for the purpose of verifying
8		the insurance coverage required under the Workers'
9		Compensation Act and Workers' Occupational Diseases Act. The
10		Director may exchange information with the Illinois Department
11		on Aging for the purpose of verifying sources and amounts of
12		income for purposes directly related to confirming eligibility
13		for participation in the programs of benefits authorized by
14		the Senior Citizens and Persons with Disabilities Property Tax
15		Relief and Pharmaceutical Assistance Act. The Director may
16		exchange information with the State Treasurer's Office and the
17		Department of Employment Security for the purpose of
18		implementing, administering, and enforcing the Illinois Secure
19		Choice Savings Program Act. The Director may exchange
20		information with the State Treasurer's Office for the purpose
21		of administering the Revised Uniform Unclaimed Property Act or
22		successor Acts. The Director may exchange information with the
23		State Treasurer's Office for the purpose of administering the
24		Illinois Higher Education Savings Program established under
25		Section 16.8 of the State Treasurer Act.
26		The Director may make available to any State agency,

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1		including the Illinois Supreme Court, which licenses persons
2		to engage in any occupation, information that a person
3		licensed by such agency has failed to file returns under this
4		Act or pay the tax, penalty and interest shown therein, or has
5		failed to pay any final assessment of tax, penalty or interest
6		due under this Act. The Director may make available to any
7		State agency, including the Illinois Supreme Court,
8		information regarding whether a bidder, contractor, or an
9		affiliate of a bidder or contractor has failed to file returns
10		under this Act or pay the tax, penalty, and interest shown
11		therein, or has failed to pay any final assessment of tax,
12		penalty, or interest due under this Act, for the limited
13		purpose of enforcing bidder and contractor certifications. For
14		purposes of this Section, the term "affiliate" means any
15		entity that (1) directly, indirectly, or constructively
16		controls another entity, (2) is directly, indirectly, or
17		constructively controlled by another entity, or (3) is subject
18		to the control of a common entity. For purposes of this
19		subsection (a), an entity controls another entity if it owns,
20		directly or individually, more than 10% of the voting
21		securities of that entity. As used in this subsection (a), the
22		term "voting security" means a security that (1) confers upon
23		the holder the right to vote for the election of members of the
24		board of directors or similar governing body of the business
25		or (2) is convertible into, or entitles the holder to receive
26		upon its exercise, a security that confers such a right to

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1		vote. A general partnership interest is a voting security.
2		The Director may make available to any State agency,
3		including the Illinois Supreme Court, units of local
4		government, and school districts, information regarding
5		whether a bidder or contractor is an affiliate of a person who
6		is not collecting and remitting Illinois Use taxes, for the
7		limited purpose of enforcing bidder and contractor
8		certifications.
9		The Director may also make available to the Secretary of
10		State information that a corporation which has been issued a
11		certificate of incorporation by the Secretary of State has
12		failed to file returns under this Act or pay the tax, penalty
13		and interest shown therein, or has failed to pay any final
14		assessment of tax, penalty or interest due under this Act. An
15		assessment is final when all proceedings in court for review
16		of such assessment have terminated or the time for the taking
17		thereof has expired without such proceedings being instituted.
18		For taxable years ending on or after December 31, 1987, the
19		Director may make available to the Director or principal
20		officer of any Department of the State of Illinois,
21		information that a person employed by such Department has
22		failed to file returns under this Act or pay the tax, penalty
23		and interest shown therein. For purposes of this paragraph,
24		the word "Department" shall have the same meaning as provided
25		in Section 3 of the State Employees Group Insurance Act of
26		1971.

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1		(d) The Director shall make available for public
2		inspection in the Department's principal office and for
3		publication, at cost, administrative decisions issued on or
4		after January 1, 1995. These decisions are to be made
5		available in a manner so that the following taxpayer
6		information is not disclosed:
7		(1) The names, addresses, and identification numbers
8		of the taxpayer, related entities, and employees.
9		(2) At the sole discretion of the Director, trade
10		secrets or other confidential information identified as
11		such by the taxpayer, no later than 30 days after receipt
12		of an administrative decision, by such means as the
13		Department shall provide by rule.
14		The Director shall determine the appropriate extent of the
15		deletions allowed in paragraph (2). In the event the taxpayer
16		does not submit deletions, the Director shall make only the
17		deletions specified in paragraph (1).
18		The Director shall make available for public inspection
19		and publication an administrative decision within 180 days
20		after the issuance of the administrative decision. The term
21		"administrative decision" has the same meaning as defined in
22		Section 3-101 of Article III of the Code of Civil Procedure.
23		Costs collected under this Section shall be paid into the Tax
24		Compliance and Administration Fund.
25		(e) Nothing contained in this Act shall prevent the
26		Director from divulging information to any person pursuant to

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1		a request or authorization made by the taxpayer, by an
2		authorized representative of the taxpayer, or, in the case of
3		information related to a joint return, by the spouse filing
4		the joint return with the taxpayer.
5		(Source: P.A. 102-61, eff. 7-9-21; 102-129, eff. 7-23-21;
6		revised 8-10-21.)
7		Section 250. The Economic Development for a Growing
8		Economy Tax Credit Act is amended by changing Section 5-45 as
9		follows:
10		(35 ILCS 10/5-45)
11		Sec. 5-45. Amount and duration of the credit.
12		(a) The Department shall determine the amount and duration
13		of the credit awarded under this Act. The duration of the
14		credit may not exceed 10 taxable years. The credit may be
15		stated as a percentage of the Incremental Income Tax
16		attributable to the applicant's project and may include a
17		fixed dollar limitation.
18		(b) Notwithstanding subsection (a), and except as the
19		credit may be applied in a carryover year pursuant to Section
20		211(4) of the Illinois Income Tax Act, the credit may be
21		applied against the State income tax liability in more than 10
22		taxable years but not in more than 15 taxable years for an
23		eligible business that (i) qualifies under this Act and the
24		Corporate Headquarters Relocation Act and has in fact

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1		undertaken a qualifying project within the time frame
2		specified by the Department of Commerce and Economic
3		Opportunity under that Act, and (ii) applies against its State
4		income tax liability, during the entire 15-year period, no
5		more than 60% of the maximum credit per year that would
6		otherwise be available under this Act.
7		(c) Nothing in this Section shall prevent the Department,
8		in consultation with the Department of Revenue, from adopting
9		rules to extend the sunset of any earned, existing, and unused
10		tax credit or credits a taxpayer may be in possession of, as
11		provided for in Section 605-1070 605-1055 of the Department of
12		Commerce and Economic Opportunity Law of the Civil
13		Administrative Code of Illinois, notwithstanding the
14		carry-forward provisions pursuant to paragraph (4) of Section
15		211 of the Illinois Income Tax Act.
16		(Source: P.A. 102-16, eff. 6-17-21; revised 12-6-21.)
17		Section 255. The Retailers' Occupation Tax Act is amended
18		by changing Sections 1, 2-5, and 3 as follows:
19		(35 ILCS 120/1) (from Ch. 120, par. 440)
20		Sec. 1. Definitions. "Sale at retail" means any transfer
21		of the ownership of or title to tangible personal property to a
22		purchaser, for the purpose of use or consumption, and not for
23		the purpose of resale in any form as tangible personal
24		property to the extent not first subjected to a use for which

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1		it was purchased, for a valuable consideration: Provided that
2		the property purchased is deemed to be purchased for the
3		purpose of resale, despite first being used, to the extent to
4		which it is resold as an ingredient of an intentionally
5		produced product or byproduct of manufacturing. For this
6		purpose, slag produced as an incident to manufacturing pig
7		iron or steel and sold is considered to be an intentionally
8		produced byproduct of manufacturing. Transactions whereby the
9		possession of the property is transferred but the seller
10		retains the title as security for payment of the selling price
11		shall be deemed to be sales.
12		"Sale at retail" shall be construed to include any
13		transfer of the ownership of or title to tangible personal
14		property to a purchaser, for use or consumption by any other
15		person to whom such purchaser may transfer the tangible
16		personal property without a valuable consideration, and to
17		include any transfer, whether made for or without a valuable
18		consideration, for resale in any form as tangible personal
19		property unless made in compliance with Section 2c of this
20		Act.
21		Sales of tangible personal property, which property, to
22		the extent not first subjected to a use for which it was
23		purchased, as an ingredient or constituent, goes into and
24		forms a part of tangible personal property subsequently the
25		subject of a "Sale at retail", are not sales at retail as
26		defined in this Act: Provided that the property purchased is

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1		deemed to be purchased for the purpose of resale, despite
2		first being used, to the extent to which it is resold as an
3		ingredient of an intentionally produced product or byproduct
4		of manufacturing.
5		"Sale at retail" shall be construed to include any
6		Illinois florist's sales transaction in which the purchase
7		order is received in Illinois by a florist and the sale is for
8		use or consumption, but the Illinois florist has a florist in
9		another state deliver the property to the purchaser or the
10		purchaser's donee in such other state.
11		Nonreusable tangible personal property that is used by
12		persons engaged in the business of operating a restaurant,
13		cafeteria, or drive-in is a sale for resale when it is
14		transferred to customers in the ordinary course of business as
15		part of the sale of food or beverages and is used to deliver,
16		package, or consume food or beverages, regardless of where
17		consumption of the food or beverages occurs. Examples of those
18		items include, but are not limited to nonreusable, paper and
19		plastic cups, plates, baskets, boxes, sleeves, buckets or
20		other containers, utensils, straws, placemats, napkins, doggie
21		bags, and wrapping or packaging materials that are transferred
22		to customers as part of the sale of food or beverages in the
23		ordinary course of business.
24		The purchase, employment and transfer of such tangible
25		personal property as newsprint and ink for the primary purpose
26		of conveying news (with or without other information) is not a

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1		purchase, use or sale of tangible personal property.
2		A person whose activities are organized and conducted
3		primarily as a not-for-profit service enterprise, and who
4		engages in selling tangible personal property at retail
5		(whether to the public or merely to members and their guests)
6		is engaged in the business of selling tangible personal
7		property at retail with respect to such transactions,
8		excepting only a person organized and operated exclusively for
9		charitable, religious or educational purposes either (1), to
10		the extent of sales by such person to its members, students,
11		patients or inmates of tangible personal property to be used
12		primarily for the purposes of such person, or (2), to the
13		extent of sales by such person of tangible personal property
14		which is not sold or offered for sale by persons organized for
15		profit. The selling of school books and school supplies by
16		schools at retail to students is not "primarily for the
17		purposes of" the school which does such selling. The
18		provisions of this paragraph shall not apply to nor subject to
19		taxation occasional dinners, socials or similar activities of
20		a person organized and operated exclusively for charitable,
21		religious or educational purposes, whether or not such
22		activities are open to the public.
23		A person who is the recipient of a grant or contract under
24		Title VII of the Older Americans Act of 1965 (P.L. 92-258) and
25		serves meals to participants in the federal Nutrition Program
26		for the Elderly in return for contributions established in

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1		amount by the individual participant pursuant to a schedule of
2		suggested fees as provided for in the federal Act is not
3		engaged in the business of selling tangible personal property
4		at retail with respect to such transactions.
5		"Purchaser" means anyone who, through a sale at retail,
6		acquires the ownership of or title to tangible personal
7		property for a valuable consideration.
8		"Reseller of motor fuel" means any person engaged in the
9		business of selling or delivering or transferring title of
10		motor fuel to another person other than for use or
11		consumption. No person shall act as a reseller of motor fuel
12		within this State without first being registered as a reseller
13		pursuant to Section 2c or a retailer pursuant to Section 2a.
14		"Selling price" or the "amount of sale" means the
15		consideration for a sale valued in money whether received in
16		money or otherwise, including cash, credits, property, other
17		than as hereinafter provided, and services, but, prior to
18		January 1, 2020 and beginning again on January 1, 2022, not
19		including the value of or credit given for traded-in tangible
20		personal property where the item that is traded-in is of like
21		kind and character as that which is being sold; beginning
22		January 1, 2020 and until January 1, 2022, "selling price"
23		includes the portion of the value of or credit given for
24		traded-in motor vehicles of the First Division as defined in
25		Section 1-146 of the Illinois Vehicle Code of like kind and
26		character as that which is being sold that exceeds $10,000.

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1		"Selling price" shall be determined without any deduction on
2		account of the cost of the property sold, the cost of materials
3		used, labor or service cost or any other expense whatsoever,
4		but does not include charges that are added to prices by
5		sellers on account of the seller's tax liability under this
6		Act, or on account of the seller's duty to collect, from the
7		purchaser, the tax that is imposed by the Use Tax Act, or,
8		except as otherwise provided with respect to any cigarette tax
9		imposed by a home rule unit, on account of the seller's tax
10		liability under any local occupation tax administered by the
11		Department, or, except as otherwise provided with respect to
12		any cigarette tax imposed by a home rule unit on account of the
13		seller's duty to collect, from the purchasers, the tax that is
14		imposed under any local use tax administered by the
15		Department. Effective December 1, 1985, "selling price" shall
16		include charges that are added to prices by sellers on account
17		of the seller's tax liability under the Cigarette Tax Act, on
18		account of the sellers' duty to collect, from the purchaser,
19		the tax imposed under the Cigarette Use Tax Act, and on account
20		of the seller's duty to collect, from the purchaser, any
21		cigarette tax imposed by a home rule unit.
22		Notwithstanding any law to the contrary, for any motor
23		vehicle, as defined in Section 1-146 of the Vehicle Code, that
24		is sold on or after January 1, 2015 for the purpose of leasing
25		the vehicle for a defined period that is longer than one year
26		and (1) is a motor vehicle of the second division that: (A) is

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1		a self-contained motor vehicle designed or permanently
2		converted to provide living quarters for recreational,
3		camping, or travel use, with direct walk through access to the
4		living quarters from the driver's seat; (B) is of the van
5		configuration designed for the transportation of not less than
6		7 nor more than 16 passengers; or (C) has a gross vehicle
7		weight rating of 8,000 pounds or less or (2) is a motor vehicle
8		of the first division, "selling price" or "amount of sale"
9		means the consideration received by the lessor pursuant to the
10		lease contract, including amounts due at lease signing and all
11		monthly or other regular payments charged over the term of the
12		lease. Also included in the selling price is any amount
13		received by the lessor from the lessee for the leased vehicle
14		that is not calculated at the time the lease is executed,
15		including, but not limited to, excess mileage charges and
16		charges for excess wear and tear. For sales that occur in
17		Illinois, with respect to any amount received by the lessor
18		from the lessee for the leased vehicle that is not calculated
19		at the time the lease is executed, the lessor who purchased the
20		motor vehicle does not incur the tax imposed by the Use Tax Act
21		on those amounts, and the retailer who makes the retail sale of
22		the motor vehicle to the lessor is not required to collect the
23		tax imposed by the Use Tax Act or to pay the tax imposed by
24		this Act on those amounts. However, the lessor who purchased
25		the motor vehicle assumes the liability for reporting and
26		paying the tax on those amounts directly to the Department in

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1		the same form (Illinois Retailers' Occupation Tax, and local
2		retailers' occupation taxes, if applicable) in which the
3		retailer would have reported and paid such tax if the retailer
4		had accounted for the tax to the Department. For amounts
5		received by the lessor from the lessee that are not calculated
6		at the time the lease is executed, the lessor must file the
7		return and pay the tax to the Department by the due date
8		otherwise required by this Act for returns other than
9		transaction returns. If the retailer is entitled under this
10		Act to a discount for collecting and remitting the tax imposed
11		under this Act to the Department with respect to the sale of
12		the motor vehicle to the lessor, then the right to the discount
13		provided in this Act shall be transferred to the lessor with
14		respect to the tax paid by the lessor for any amount received
15		by the lessor from the lessee for the leased vehicle that is
16		not calculated at the time the lease is executed; provided
17		that the discount is only allowed if the return is timely filed
18		and for amounts timely paid. The "selling price" of a motor
19		vehicle that is sold on or after January 1, 2015 for the
20		purpose of leasing for a defined period of longer than one year
21		shall not be reduced by the value of or credit given for
22		traded-in tangible personal property owned by the lessor, nor
23		shall it be reduced by the value of or credit given for
24		traded-in tangible personal property owned by the lessee,
25		regardless of whether the trade-in value thereof is assigned
26		by the lessee to the lessor. In the case of a motor vehicle

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1		that is sold for the purpose of leasing for a defined period of
2		longer than one year, the sale occurs at the time of the
3		delivery of the vehicle, regardless of the due date of any
4		lease payments. A lessor who incurs a Retailers' Occupation
5		Tax liability on the sale of a motor vehicle coming off lease
6		may not take a credit against that liability for the Use Tax
7		the lessor paid upon the purchase of the motor vehicle (or for
8		any tax the lessor paid with respect to any amount received by
9		the lessor from the lessee for the leased vehicle that was not
10		calculated at the time the lease was executed) if the selling
11		price of the motor vehicle at the time of purchase was
12		calculated using the definition of "selling price" as defined
13		in this paragraph. Notwithstanding any other provision of this
14		Act to the contrary, lessors shall file all returns and make
15		all payments required under this paragraph to the Department
16		by electronic means in the manner and form as required by the
17		Department. This paragraph does not apply to leases of motor
18		vehicles for which, at the time the lease is entered into, the
19		term of the lease is not a defined period, including leases
20		with a defined initial period with the option to continue the
21		lease on a month-to-month or other basis beyond the initial
22		defined period.
23		The phrase "like kind and character" shall be liberally
24		construed (including but not limited to any form of motor
25		vehicle for any form of motor vehicle, or any kind of farm or
26		agricultural implement for any other kind of farm or

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1		agricultural implement), while not including a kind of item
2		which, if sold at retail by that retailer, would be exempt from
3		retailers' occupation tax and use tax as an isolated or
4		occasional sale.
5		"Gross receipts" from the sales of tangible personal
6		property at retail means the total selling price or the amount
7		of such sales, as hereinbefore defined. In the case of charge
8		and time sales, the amount thereof shall be included only as
9		and when payments are received by the seller. Receipts or
10		other consideration derived by a seller from the sale,
11		transfer or assignment of accounts receivable to a wholly
12		owned subsidiary will not be deemed payments prior to the time
13		the purchaser makes payment on such accounts.
14		"Department" means the Department of Revenue.
15		"Person" means any natural individual, firm, partnership,
16		association, joint stock company, joint adventure, public or
17		private corporation, limited liability company, or a receiver,
18		executor, trustee, guardian or other representative appointed
19		by order of any court.
20		The isolated or occasional sale of tangible personal
21		property at retail by a person who does not hold himself out as
22		being engaged (or who does not habitually engage) in selling
23		such tangible personal property at retail, or a sale through a
24		bulk vending machine, does not constitute engaging in a
25		business of selling such tangible personal property at retail
26		within the meaning of this Act; provided that any person who is

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1		engaged in a business which is not subject to the tax imposed
2		by this Act because of involving the sale of or a contract to
3		sell real estate or a construction contract to improve real
4		estate or a construction contract to engineer, install, and
5		maintain an integrated system of products, but who, in the
6		course of conducting such business, transfers tangible
7		personal property to users or consumers in the finished form
8		in which it was purchased, and which does not become real
9		estate or was not engineered and installed, under any
10		provision of a construction contract or real estate sale or
11		real estate sales agreement entered into with some other
12		person arising out of or because of such nontaxable business,
13		is engaged in the business of selling tangible personal
14		property at retail to the extent of the value of the tangible
15		personal property so transferred. If, in such a transaction, a
16		separate charge is made for the tangible personal property so
17		transferred, the value of such property, for the purpose of
18		this Act, shall be the amount so separately charged, but not
19		less than the cost of such property to the transferor; if no
20		separate charge is made, the value of such property, for the
21		purposes of this Act, is the cost to the transferor of such
22		tangible personal property. Construction contracts for the
23		improvement of real estate consisting of engineering,
24		installation, and maintenance of voice, data, video, security,
25		and all telecommunication systems do not constitute engaging
26		in a business of selling tangible personal property at retail

HB5501 Engrossed - 530 - LRB102 24698 AMC 33937 b
1		within the meaning of this Act if they are sold at one
2		specified contract price.
3		A person who holds himself or herself out as being engaged
4		(or who habitually engages) in selling tangible personal
5		property at retail is a person engaged in the business of
6		selling tangible personal property at retail hereunder with
7		respect to such sales (and not primarily in a service
8		occupation) notwithstanding the fact that such person designs
9		and produces such tangible personal property on special order
10		for the purchaser and in such a way as to render the property
11		of value only to such purchaser, if such tangible personal
12		property so produced on special order serves substantially the
13		same function as stock or standard items of tangible personal
14		property that are sold at retail.
15		Persons who engage in the business of transferring
16		tangible personal property upon the redemption of trading
17		stamps are engaged in the business of selling such property at
18		retail and shall be liable for and shall pay the tax imposed by
19		this Act on the basis of the retail value of the property
20		transferred upon redemption of such stamps.
21		"Bulk vending machine" means a vending machine, containing
22		unsorted confections, nuts, toys, or other items designed
23		primarily to be used or played with by children which, when a
24		coin or coins of a denomination not larger than $0.50 are
25		inserted, are dispensed in equal portions, at random and
26		without selection by the customer.

HB5501 Engrossed - 531 - LRB102 24698 AMC 33937 b
1		"Remote retailer" means a retailer that does not maintain
2		within this State, directly or by a subsidiary, an office,
3		distribution house, sales house, warehouse or other place of
4		business, or any agent or other representative operating
5		within this State under the authority of the retailer or its
6		subsidiary, irrespective of whether such place of business or
7		agent is located here permanently or temporarily or whether
8		such retailer or subsidiary is licensed to do business in this
9		State.
10		"Marketplace" means a physical or electronic place, forum,
11		platform, application, or other method by which a marketplace
12		seller sells or offers to sell items.
13		"Marketplace facilitator" means a person who, pursuant to
14		an agreement with an unrelated third-party marketplace seller,
15		directly or indirectly through one or more affiliates
16		facilitates a retail sale by an unrelated third party
17		marketplace seller by:
18		(1) listing or advertising for sale by the marketplace
19		seller in a marketplace, tangible personal property that
20		is subject to tax under this Act; and
21		(2) either directly or indirectly, through agreements
22		or arrangements with third parties, collecting payment
23		from the customer and transmitting that payment to the
24		marketplace seller regardless of whether the marketplace
25		facilitator receives compensation or other consideration
26		in exchange for its services.

HB5501 Engrossed - 532 - LRB102 24698 AMC 33937 b
1		A person who provides advertising services, including
2		listing products for sale, is not considered a marketplace
3		facilitator, so long as the advertising service platform or
4		forum does not engage, directly or indirectly through one or
5		more affiliated persons, in the activities described in
6		paragraph (2) of this definition of "marketplace facilitator".
7		"Marketplace facilitator" does not include any person
8		licensed under the Auction License Act. This exemption does
9		not apply to any person who is an Internet auction listing
10		service, as defined by the Auction License Act.
11		"Marketplace seller" means a person that makes sales
12		through a marketplace operated by an unrelated third party
13		marketplace facilitator.
14		(Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 1-1-20;
15		102-353, eff. 1-1-22; 102-634, eff. 8-27-21; revised 11-1-21.)
16		(35 ILCS 120/2-5)
17		Sec. 2-5. Exemptions. Gross receipts from proceeds from
18		the sale of the following tangible personal property are
19		exempt from the tax imposed by this Act:
20		(1) Farm chemicals.
21		(2) Farm machinery and equipment, both new and used,
22		including that manufactured on special order, certified by
23		the purchaser to be used primarily for production
24		agriculture or State or federal agricultural programs,
25		including individual replacement parts for the machinery

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1		and equipment, including machinery and equipment purchased
2		for lease, and including implements of husbandry defined
3		in Section 1-130 of the Illinois Vehicle Code, farm
4		machinery and agricultural chemical and fertilizer
5		spreaders, and nurse wagons required to be registered
6		under Section 3-809 of the Illinois Vehicle Code, but
7		excluding other motor vehicles required to be registered
8		under the Illinois Vehicle Code. Horticultural polyhouses
9		or hoop houses used for propagating, growing, or
10		overwintering plants shall be considered farm machinery
11		and equipment under this item (2). Agricultural chemical
12		tender tanks and dry boxes shall include units sold
13		separately from a motor vehicle required to be licensed
14		and units sold mounted on a motor vehicle required to be
15		licensed, if the selling price of the tender is separately
16		stated.
17		Farm machinery and equipment shall include precision
18		farming equipment that is installed or purchased to be
19		installed on farm machinery and equipment including, but
20		not limited to, tractors, harvesters, sprayers, planters,
21		seeders, or spreaders. Precision farming equipment
22		includes, but is not limited to, soil testing sensors,
23		computers, monitors, software, global positioning and
24		mapping systems, and other such equipment.
25		Farm machinery and equipment also includes computers,
26		sensors, software, and related equipment used primarily in

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1		the computer-assisted operation of production agriculture
2		facilities, equipment, and activities such as, but not
3		limited to, the collection, monitoring, and correlation of
4		animal and crop data for the purpose of formulating animal
5		diets and agricultural chemicals. This item (2) is exempt
6		from the provisions of Section 2-70.
7		(3) Until July 1, 2003, distillation machinery and
8		equipment, sold as a unit or kit, assembled or installed
9		by the retailer, certified by the user to be used only for
10		the production of ethyl alcohol that will be used for
11		consumption as motor fuel or as a component of motor fuel
12		for the personal use of the user, and not subject to sale
13		or resale.
14		(4) Until July 1, 2003 and beginning again September
15		1, 2004 through August 30, 2014, graphic arts machinery
16		and equipment, including repair and replacement parts,
17		both new and used, and including that manufactured on
18		special order or purchased for lease, certified by the
19		purchaser to be used primarily for graphic arts
20		production. Equipment includes chemicals or chemicals
21		acting as catalysts but only if the chemicals or chemicals
22		acting as catalysts effect a direct and immediate change
23		upon a graphic arts product. Beginning on July 1, 2017,
24		graphic arts machinery and equipment is included in the
25		manufacturing and assembling machinery and equipment
26		exemption under paragraph (14).

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1		(5) A motor vehicle that is used for automobile
2		renting, as defined in the Automobile Renting Occupation
3		and Use Tax Act. This paragraph is exempt from the
4		provisions of Section 2-70.
5		(6) Personal property sold by a teacher-sponsored
6		student organization affiliated with an elementary or
7		secondary school located in Illinois.
8		(7) Until July 1, 2003, proceeds of that portion of
9		the selling price of a passenger car the sale of which is
10		subject to the Replacement Vehicle Tax.
11		(8) Personal property sold to an Illinois county fair
12		association for use in conducting, operating, or promoting
13		the county fair.
14		(9) Personal property sold to a not-for-profit arts or
15		cultural organization that establishes, by proof required
16		by the Department by rule, that it has received an
17		exemption under Section 501(c)(3) of the Internal Revenue
18		Code and that is organized and operated primarily for the
19		presentation or support of arts or cultural programming,
20		activities, or services. These organizations include, but
21		are not limited to, music and dramatic arts organizations
22		such as symphony orchestras and theatrical groups, arts
23		and cultural service organizations, local arts councils,
24		visual arts organizations, and media arts organizations.
25		On and after July 1, 2001 (the effective date of Public Act
26		92-35), however, an entity otherwise eligible for this

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1		exemption shall not make tax-free purchases unless it has
2		an active identification number issued by the Department.
3		(10) Personal property sold by a corporation, society,
4		association, foundation, institution, or organization,
5		other than a limited liability company, that is organized
6		and operated as a not-for-profit service enterprise for
7		the benefit of persons 65 years of age or older if the
8		personal property was not purchased by the enterprise for
9		the purpose of resale by the enterprise.
10		(11) Personal property sold to a governmental body, to
11		a corporation, society, association, foundation, or
12		institution organized and operated exclusively for
13		charitable, religious, or educational purposes, or to a
14		not-for-profit corporation, society, association,
15		foundation, institution, or organization that has no
16		compensated officers or employees and that is organized
17		and operated primarily for the recreation of persons 55
18		years of age or older. A limited liability company may
19		qualify for the exemption under this paragraph only if the
20		limited liability company is organized and operated
21		exclusively for educational purposes. On and after July 1,
22		1987, however, no entity otherwise eligible for this
23		exemption shall make tax-free purchases unless it has an
24		active identification number issued by the Department.
25		(12) (Blank).
26		(12-5) On and after July 1, 2003 and through June 30,

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1		2004, motor vehicles of the second division with a gross
2		vehicle weight in excess of 8,000 pounds that are subject
3		to the commercial distribution fee imposed under Section
4		3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
5		2004 and through June 30, 2005, the use in this State of
6		motor vehicles of the second division: (i) with a gross
7		vehicle weight rating in excess of 8,000 pounds; (ii) that
8		are subject to the commercial distribution fee imposed
9		under Section 3-815.1 of the Illinois Vehicle Code; and
10		(iii) that are primarily used for commercial purposes.
11		Through June 30, 2005, this exemption applies to repair
12		and replacement parts added after the initial purchase of
13		such a motor vehicle if that motor vehicle is used in a
14		manner that would qualify for the rolling stock exemption
15		otherwise provided for in this Act. For purposes of this
16		paragraph, "used for commercial purposes" means the
17		transportation of persons or property in furtherance of
18		any commercial or industrial enterprise whether for-hire
19		or not.
20		(13) Proceeds from sales to owners, lessors, or
21		shippers of tangible personal property that is utilized by
22		interstate carriers for hire for use as rolling stock
23		moving in interstate commerce and equipment operated by a
24		telecommunications provider, licensed as a common carrier
25		by the Federal Communications Commission, which is
26		permanently installed in or affixed to aircraft moving in

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1		interstate commerce.
2		(14) Machinery and equipment that will be used by the
3		purchaser, or a lessee of the purchaser, primarily in the
4		process of manufacturing or assembling tangible personal
5		property for wholesale or retail sale or lease, whether
6		the sale or lease is made directly by the manufacturer or
7		by some other person, whether the materials used in the
8		process are owned by the manufacturer or some other
9		person, or whether the sale or lease is made apart from or
10		as an incident to the seller's engaging in the service
11		occupation of producing machines, tools, dies, jigs,
12		patterns, gauges, or other similar items of no commercial
13		value on special order for a particular purchaser. The
14		exemption provided by this paragraph (14) does not include
15		machinery and equipment used in (i) the generation of
16		electricity for wholesale or retail sale; (ii) the
17		generation or treatment of natural or artificial gas for
18		wholesale or retail sale that is delivered to customers
19		through pipes, pipelines, or mains; or (iii) the treatment
20		of water for wholesale or retail sale that is delivered to
21		customers through pipes, pipelines, or mains. The
22		provisions of Public Act 98-583 are declaratory of
23		existing law as to the meaning and scope of this
24		exemption. Beginning on July 1, 2017, the exemption
25		provided by this paragraph (14) includes, but is not
26		limited to, graphic arts machinery and equipment, as

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1		defined in paragraph (4) of this Section.
2		(15) Proceeds of mandatory service charges separately
3		stated on customers' bills for purchase and consumption of
4		food and beverages, to the extent that the proceeds of the
5		service charge are in fact turned over as tips or as a
6		substitute for tips to the employees who participate
7		directly in preparing, serving, hosting or cleaning up the
8		food or beverage function with respect to which the
9		service charge is imposed.
10		(16) Tangible personal property sold to a purchaser if
11		the purchaser is exempt from use tax by operation of
12		federal law. This paragraph is exempt from the provisions
13		of Section 2-70.
14		(17) Tangible personal property sold to a common
15		carrier by rail or motor that receives the physical
16		possession of the property in Illinois and that transports
17		the property, or shares with another common carrier in the
18		transportation of the property, out of Illinois on a
19		standard uniform bill of lading showing the seller of the
20		property as the shipper or consignor of the property to a
21		destination outside Illinois, for use outside Illinois.
22		(18) Legal tender, currency, medallions, or gold or
23		silver coinage issued by the State of Illinois, the
24		government of the United States of America, or the
25		government of any foreign country, and bullion.
26		(19) Until July 1, 2003, oil field exploration,

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1		drilling, and production equipment, including (i) rigs and
2		parts of rigs, rotary rigs, cable tool rigs, and workover
3		rigs, (ii) pipe and tubular goods, including casing and
4		drill strings, (iii) pumps and pump-jack units, (iv)
5		storage tanks and flow lines, (v) any individual
6		replacement part for oil field exploration, drilling, and
7		production equipment, and (vi) machinery and equipment
8		purchased for lease; but excluding motor vehicles required
9		to be registered under the Illinois Vehicle Code.
10		(20) Photoprocessing machinery and equipment,
11		including repair and replacement parts, both new and used,
12		including that manufactured on special order, certified by
13		the purchaser to be used primarily for photoprocessing,
14		and including photoprocessing machinery and equipment
15		purchased for lease.
16		(21) Until July 1, 2023, coal and aggregate
17		exploration, mining, off-highway hauling, processing,
18		maintenance, and reclamation equipment, including
19		replacement parts and equipment, and including equipment
20		purchased for lease, but excluding motor vehicles required
21		to be registered under the Illinois Vehicle Code. The
22		changes made to this Section by Public Act 97-767 apply on
23		and after July 1, 2003, but no claim for credit or refund
24		is allowed on or after August 16, 2013 (the effective date
25		of Public Act 98-456) for such taxes paid during the
26		period beginning July 1, 2003 and ending on August 16,

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1		2013 (the effective date of Public Act 98-456).
2		(22) Until June 30, 2013, fuel and petroleum products
3		sold to or used by an air carrier, certified by the carrier
4		to be used for consumption, shipment, or storage in the
5		conduct of its business as an air common carrier, for a
6		flight destined for or returning from a location or
7		locations outside the United States without regard to
8		previous or subsequent domestic stopovers.
9		Beginning July 1, 2013, fuel and petroleum products
10		sold to or used by an air carrier, certified by the carrier
11		to be used for consumption, shipment, or storage in the
12		conduct of its business as an air common carrier, for a
13		flight that (i) is engaged in foreign trade or is engaged
14		in trade between the United States and any of its
15		possessions and (ii) transports at least one individual or
16		package for hire from the city of origination to the city
17		of final destination on the same aircraft, without regard
18		to a change in the flight number of that aircraft.
19		(23) A transaction in which the purchase order is
20		received by a florist who is located outside Illinois, but
21		who has a florist located in Illinois deliver the property
22		to the purchaser or the purchaser's donee in Illinois.
23		(24) Fuel consumed or used in the operation of ships,
24		barges, or vessels that are used primarily in or for the
25		transportation of property or the conveyance of persons
26		for hire on rivers bordering on this State if the fuel is

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1		delivered by the seller to the purchaser's barge, ship, or
2		vessel while it is afloat upon that bordering river.
3		(25) Except as provided in item (25-5) of this
4		Section, a motor vehicle sold in this State to a
5		nonresident even though the motor vehicle is delivered to
6		the nonresident in this State, if the motor vehicle is not
7		to be titled in this State, and if a drive-away permit is
8		issued to the motor vehicle as provided in Section 3-603
9		of the Illinois Vehicle Code or if the nonresident
10		purchaser has vehicle registration plates to transfer to
11		the motor vehicle upon returning to his or her home state.
12		The issuance of the drive-away permit or having the
13		out-of-state registration plates to be transferred is
14		prima facie evidence that the motor vehicle will not be
15		titled in this State.
16		(25-5) The exemption under item (25) does not apply if
17		the state in which the motor vehicle will be titled does
18		not allow a reciprocal exemption for a motor vehicle sold
19		and delivered in that state to an Illinois resident but
20		titled in Illinois. The tax collected under this Act on
21		the sale of a motor vehicle in this State to a resident of
22		another state that does not allow a reciprocal exemption
23		shall be imposed at a rate equal to the state's rate of tax
24		on taxable property in the state in which the purchaser is
25		a resident, except that the tax shall not exceed the tax
26		that would otherwise be imposed under this Act. At the

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1		time of the sale, the purchaser shall execute a statement,
2		signed under penalty of perjury, of his or her intent to
3		title the vehicle in the state in which the purchaser is a
4		resident within 30 days after the sale and of the fact of
5		the payment to the State of Illinois of tax in an amount
6		equivalent to the state's rate of tax on taxable property
7		in his or her state of residence and shall submit the
8		statement to the appropriate tax collection agency in his
9		or her state of residence. In addition, the retailer must
10		retain a signed copy of the statement in his or her
11		records. Nothing in this item shall be construed to
12		require the removal of the vehicle from this state
13		following the filing of an intent to title the vehicle in
14		the purchaser's state of residence if the purchaser titles
15		the vehicle in his or her state of residence within 30 days
16		after the date of sale. The tax collected under this Act in
17		accordance with this item (25-5) shall be proportionately
18		distributed as if the tax were collected at the 6.25%
19		general rate imposed under this Act.
20		(25-7) Beginning on July 1, 2007, no tax is imposed
21		under this Act on the sale of an aircraft, as defined in
22		Section 3 of the Illinois Aeronautics Act, if all of the
23		following conditions are met:
24		(1) the aircraft leaves this State within 15 days
25		after the later of either the issuance of the final
26		billing for the sale of the aircraft, or the

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1		authorized approval for return to service, completion
2		of the maintenance record entry, and completion of the
3		test flight and ground test for inspection, as
4		required by 14 C.F.R. 91.407;
5		(2) the aircraft is not based or registered in
6		this State after the sale of the aircraft; and
7		(3) the seller retains in his or her books and
8		records and provides to the Department a signed and
9		dated certification from the purchaser, on a form
10		prescribed by the Department, certifying that the
11		requirements of this item (25-7) are met. The
12		certificate must also include the name and address of
13		the purchaser, the address of the location where the
14		aircraft is to be titled or registered, the address of
15		the primary physical location of the aircraft, and
16		other information that the Department may reasonably
17		require.
18		For purposes of this item (25-7):
19		"Based in this State" means hangared, stored, or
20		otherwise used, excluding post-sale customizations as
21		defined in this Section, for 10 or more days in each
22		12-month period immediately following the date of the sale
23		of the aircraft.
24		"Registered in this State" means an aircraft
25		registered with the Department of Transportation,
26		Aeronautics Division, or titled or registered with the

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1		Federal Aviation Administration to an address located in
2		this State.
3		This paragraph (25-7) is exempt from the provisions of
4		Section 2-70.
5		(26) Semen used for artificial insemination of
6		livestock for direct agricultural production.
7		(27) Horses, or interests in horses, registered with
8		and meeting the requirements of any of the Arabian Horse
9		Club Registry of America, Appaloosa Horse Club, American
10		Quarter Horse Association, United States Trotting
11		Association, or Jockey Club, as appropriate, used for
12		purposes of breeding or racing for prizes. This item (27)
13		is exempt from the provisions of Section 2-70, and the
14		exemption provided for under this item (27) applies for
15		all periods beginning May 30, 1995, but no claim for
16		credit or refund is allowed on or after January 1, 2008
17		(the effective date of Public Act 95-88) for such taxes
18		paid during the period beginning May 30, 2000 and ending
19		on January 1, 2008 (the effective date of Public Act
20		95-88).
21		(28) Computers and communications equipment utilized
22		for any hospital purpose and equipment used in the
23		diagnosis, analysis, or treatment of hospital patients
24		sold to a lessor who leases the equipment, under a lease of
25		one year or longer executed or in effect at the time of the
26		purchase, to a hospital that has been issued an active tax

HB5501 Engrossed - 546 - LRB102 24698 AMC 33937 b
1		exemption identification number by the Department under
2		Section 1g of this Act.
3		(29) Personal property sold to a lessor who leases the
4		property, under a lease of one year or longer executed or
5		in effect at the time of the purchase, to a governmental
6		body that has been issued an active tax exemption
7		identification number by the Department under Section 1g
8		of this Act.
9		(30) Beginning with taxable years ending on or after
10		December 31, 1995 and ending with taxable years ending on
11		or before December 31, 2004, personal property that is
12		donated for disaster relief to be used in a State or
13		federally declared disaster area in Illinois or bordering
14		Illinois by a manufacturer or retailer that is registered
15		in this State to a corporation, society, association,
16		foundation, or institution that has been issued a sales
17		tax exemption identification number by the Department that
18		assists victims of the disaster who reside within the
19		declared disaster area.
20		(31) Beginning with taxable years ending on or after
21		December 31, 1995 and ending with taxable years ending on
22		or before December 31, 2004, personal property that is
23		used in the performance of infrastructure repairs in this
24		State, including but not limited to municipal roads and
25		streets, access roads, bridges, sidewalks, waste disposal
26		systems, water and sewer line extensions, water

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1		distribution and purification facilities, storm water
2		drainage and retention facilities, and sewage treatment
3		facilities, resulting from a State or federally declared
4		disaster in Illinois or bordering Illinois when such
5		repairs are initiated on facilities located in the
6		declared disaster area within 6 months after the disaster.
7		(32) Beginning July 1, 1999, game or game birds sold
8		at a "game breeding and hunting preserve area" as that
9		term is used in the Wildlife Code. This paragraph is
10		exempt from the provisions of Section 2-70.
11		(33) A motor vehicle, as that term is defined in
12		Section 1-146 of the Illinois Vehicle Code, that is
13		donated to a corporation, limited liability company,
14		society, association, foundation, or institution that is
15		determined by the Department to be organized and operated
16		exclusively for educational purposes. For purposes of this
17		exemption, "a corporation, limited liability company,
18		society, association, foundation, or institution organized
19		and operated exclusively for educational purposes" means
20		all tax-supported public schools, private schools that
21		offer systematic instruction in useful branches of
22		learning by methods common to public schools and that
23		compare favorably in their scope and intensity with the
24		course of study presented in tax-supported schools, and
25		vocational or technical schools or institutes organized
26		and operated exclusively to provide a course of study of

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1		not less than 6 weeks duration and designed to prepare
2		individuals to follow a trade or to pursue a manual,
3		technical, mechanical, industrial, business, or commercial
4		occupation.
5		(34) Beginning January 1, 2000, personal property,
6		including food, purchased through fundraising events for
7		the benefit of a public or private elementary or secondary
8		school, a group of those schools, or one or more school
9		districts if the events are sponsored by an entity
10		recognized by the school district that consists primarily
11		of volunteers and includes parents and teachers of the
12		school children. This paragraph does not apply to
13		fundraising events (i) for the benefit of private home
14		instruction or (ii) for which the fundraising entity
15		purchases the personal property sold at the events from
16		another individual or entity that sold the property for
17		the purpose of resale by the fundraising entity and that
18		profits from the sale to the fundraising entity. This
19		paragraph is exempt from the provisions of Section 2-70.
20		(35) Beginning January 1, 2000 and through December
21		31, 2001, new or used automatic vending machines that
22		prepare and serve hot food and beverages, including
23		coffee, soup, and other items, and replacement parts for
24		these machines. Beginning January 1, 2002 and through June
25		30, 2003, machines and parts for machines used in
26		commercial, coin-operated amusement and vending business

HB5501 Engrossed - 549 - LRB102 24698 AMC 33937 b
1		if a use or occupation tax is paid on the gross receipts
2		derived from the use of the commercial, coin-operated
3		amusement and vending machines. This paragraph is exempt
4		from the provisions of Section 2-70.
5		(35-5) Beginning August 23, 2001 and through June 30,
6		2016, food for human consumption that is to be consumed
7		off the premises where it is sold (other than alcoholic
8		beverages, soft drinks, and food that has been prepared
9		for immediate consumption) and prescription and
10		nonprescription medicines, drugs, medical appliances, and
11		insulin, urine testing materials, syringes, and needles
12		used by diabetics, for human use, when purchased for use
13		by a person receiving medical assistance under Article V
14		of the Illinois Public Aid Code who resides in a licensed
15		long-term care facility, as defined in the Nursing Home
16		Care Act, or a licensed facility as defined in the ID/DD
17		Community Care Act, the MC/DD Act, or the Specialized
18		Mental Health Rehabilitation Act of 2013.
19		(36) Beginning August 2, 2001, computers and
20		communications equipment utilized for any hospital purpose
21		and equipment used in the diagnosis, analysis, or
22		treatment of hospital patients sold to a lessor who leases
23		the equipment, under a lease of one year or longer
24		executed or in effect at the time of the purchase, to a
25		hospital that has been issued an active tax exemption
26		identification number by the Department under Section 1g

HB5501 Engrossed - 550 - LRB102 24698 AMC 33937 b
1		of this Act. This paragraph is exempt from the provisions
2		of Section 2-70.
3		(37) Beginning August 2, 2001, personal property sold
4		to a lessor who leases the property, under a lease of one
5		year or longer executed or in effect at the time of the
6		purchase, to a governmental body that has been issued an
7		active tax exemption identification number by the
8		Department under Section 1g of this Act. This paragraph is
9		exempt from the provisions of Section 2-70.
10		(38) Beginning on January 1, 2002 and through June 30,
11		2016, tangible personal property purchased from an
12		Illinois retailer by a taxpayer engaged in centralized
13		purchasing activities in Illinois who will, upon receipt
14		of the property in Illinois, temporarily store the
15		property in Illinois (i) for the purpose of subsequently
16		transporting it outside this State for use or consumption
17		thereafter solely outside this State or (ii) for the
18		purpose of being processed, fabricated, or manufactured
19		into, attached to, or incorporated into other tangible
20		personal property to be transported outside this State and
21		thereafter used or consumed solely outside this State. The
22		Director of Revenue shall, pursuant to rules adopted in
23		accordance with the Illinois Administrative Procedure Act,
24		issue a permit to any taxpayer in good standing with the
25		Department who is eligible for the exemption under this
26		paragraph (38). The permit issued under this paragraph

HB5501 Engrossed - 551 - LRB102 24698 AMC 33937 b
1		(38) shall authorize the holder, to the extent and in the
2		manner specified in the rules adopted under this Act, to
3		purchase tangible personal property from a retailer exempt
4		from the taxes imposed by this Act. Taxpayers shall
5		maintain all necessary books and records to substantiate
6		the use and consumption of all such tangible personal
7		property outside of the State of Illinois.
8		(39) Beginning January 1, 2008, tangible personal
9		property used in the construction or maintenance of a
10		community water supply, as defined under Section 3.145 of
11		the Environmental Protection Act, that is operated by a
12		not-for-profit corporation that holds a valid water supply
13		permit issued under Title IV of the Environmental
14		Protection Act. This paragraph is exempt from the
15		provisions of Section 2-70.
16		(40) Beginning January 1, 2010 and continuing through
17		December 31, 2024, materials, parts, equipment,
18		components, and furnishings incorporated into or upon an
19		aircraft as part of the modification, refurbishment,
20		completion, replacement, repair, or maintenance of the
21		aircraft. This exemption includes consumable supplies used
22		in the modification, refurbishment, completion,
23		replacement, repair, and maintenance of aircraft, but
24		excludes any materials, parts, equipment, components, and
25		consumable supplies used in the modification, replacement,
26		repair, and maintenance of aircraft engines or power

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1		plants, whether such engines or power plants are installed
2		or uninstalled upon any such aircraft. "Consumable
3		supplies" include, but are not limited to, adhesive, tape,
4		sandpaper, general purpose lubricants, cleaning solution,
5		latex gloves, and protective films. This exemption applies
6		only to the sale of qualifying tangible personal property
7		to persons who modify, refurbish, complete, replace, or
8		maintain an aircraft and who (i) hold an Air Agency
9		Certificate and are empowered to operate an approved
10		repair station by the Federal Aviation Administration,
11		(ii) have a Class IV Rating, and (iii) conduct operations
12		in accordance with Part 145 of the Federal Aviation
13		Regulations. The exemption does not include aircraft
14		operated by a commercial air carrier providing scheduled
15		passenger air service pursuant to authority issued under
16		Part 121 or Part 129 of the Federal Aviation Regulations.
17		The changes made to this paragraph (40) by Public Act
18		98-534 are declarative of existing law. It is the intent
19		of the General Assembly that the exemption under this
20		paragraph (40) applies continuously from January 1, 2010
21		through December 31, 2024; however, no claim for credit or
22		refund is allowed for taxes paid as a result of the
23		disallowance of this exemption on or after January 1, 2015
24		and prior to the effective date of this amendatory Act of
25		the 101st General Assembly.
26		(41) Tangible personal property sold to a

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1		public-facilities corporation, as described in Section
2		11-65-10 of the Illinois Municipal Code, for purposes of
3		constructing or furnishing a municipal convention hall,
4		but only if the legal title to the municipal convention
5		hall is transferred to the municipality without any
6		further consideration by or on behalf of the municipality
7		at the time of the completion of the municipal convention
8		hall or upon the retirement or redemption of any bonds or
9		other debt instruments issued by the public-facilities
10		corporation in connection with the development of the
11		municipal convention hall. This exemption includes
12		existing public-facilities corporations as provided in
13		Section 11-65-25 of the Illinois Municipal Code. This
14		paragraph is exempt from the provisions of Section 2-70.
15		(42) Beginning January 1, 2017 and through December
16		31, 2026, menstrual pads, tampons, and menstrual cups.
17		(43) Merchandise that is subject to the Rental
18		Purchase Agreement Occupation and Use Tax. The purchaser
19		must certify that the item is purchased to be rented
20		subject to a rental purchase agreement, as defined in the
21		Rental Purchase Agreement Act, and provide proof of
22		registration under the Rental Purchase Agreement
23		Occupation and Use Tax Act. This paragraph is exempt from
24		the provisions of Section 2-70.
25		(44) Qualified tangible personal property used in the
26		construction or operation of a data center that has been

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1		granted a certificate of exemption by the Department of
2		Commerce and Economic Opportunity, whether that tangible
3		personal property is purchased by the owner, operator, or
4		tenant of the data center or by a contractor or
5		subcontractor of the owner, operator, or tenant. Data
6		centers that would have qualified for a certificate of
7		exemption prior to January 1, 2020 had this amendatory Act
8		of the 101st General Assembly been in effect, may apply
9		for and obtain an exemption for subsequent purchases of
10		computer equipment or enabling software purchased or
11		leased to upgrade, supplement, or replace computer
12		equipment or enabling software purchased or leased in the
13		original investment that would have qualified.
14		The Department of Commerce and Economic Opportunity
15		shall grant a certificate of exemption under this item
16		(44) to qualified data centers as defined by Section
17		605-1025 of the Department of Commerce and Economic
18		Opportunity Law of the Civil Administrative Code of
19		Illinois.
20		For the purposes of this item (44):
21		"Data center" means a building or a series of
22		buildings rehabilitated or constructed to house
23		working servers in one physical location or multiple
24		sites within the State of Illinois.
25		"Qualified tangible personal property" means:
26		electrical systems and equipment; climate control and

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1		chilling equipment and systems; mechanical systems and
2		equipment; monitoring and secure systems; emergency
3		generators; hardware; computers; servers; data storage
4		devices; network connectivity equipment; racks;
5		cabinets; telecommunications cabling infrastructure;
6		raised floor systems; peripheral components or
7		systems; software; mechanical, electrical, or plumbing
8		systems; battery systems; cooling systems and towers;
9		temperature control systems; other cabling; and other
10		data center infrastructure equipment and systems
11		necessary to operate qualified tangible personal
12		property, including fixtures; and component parts of
13		any of the foregoing, including installation,
14		maintenance, repair, refurbishment, and replacement of
15		qualified tangible personal property to generate,
16		transform, transmit, distribute, or manage electricity
17		necessary to operate qualified tangible personal
18		property; and all other tangible personal property
19		that is essential to the operations of a computer data
20		center. The term "qualified tangible personal
21		property" also includes building materials physically
22		incorporated into in to the qualifying data center. To
23		document the exemption allowed under this Section, the
24		retailer must obtain from the purchaser a copy of the
25		certificate of eligibility issued by the Department of
26		Commerce and Economic Opportunity.

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1		This item (44) is exempt from the provisions of
2		Section 2-70.
3		(45) Beginning January 1, 2020 and through December
4		31, 2020, sales of tangible personal property made by a
5		marketplace seller over a marketplace for which tax is due
6		under this Act but for which use tax has been collected and
7		remitted to the Department by a marketplace facilitator
8		under Section 2d of the Use Tax Act are exempt from tax
9		under this Act. A marketplace seller claiming this
10		exemption shall maintain books and records demonstrating
11		that the use tax on such sales has been collected and
12		remitted by a marketplace facilitator. Marketplace sellers
13		that have properly remitted tax under this Act on such
14		sales may file a claim for credit as provided in Section 6
15		of this Act. No claim is allowed, however, for such taxes
16		for which a credit or refund has been issued to the
17		marketplace facilitator under the Use Tax Act, or for
18		which the marketplace facilitator has filed a claim for
19		credit or refund under the Use Tax Act.
20		(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
21		101-629, eff. 2-5-20; 102-16, eff. 6-17-21; 102-634, eff.
22		8-27-21; revised 11-9-21.)
23		(35 ILCS 120/3) (from Ch. 120, par. 442)
24		Sec. 3. Except as provided in this Section, on or before
25		the twentieth day of each calendar month, every person engaged

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1		in the business of selling tangible personal property at
2		retail in this State during the preceding calendar month shall
3		file a return with the Department, stating:
4		1. The name of the seller;
5		2. His residence address and the address of his
6		principal place of business and the address of the
7		principal place of business (if that is a different
8		address) from which he engages in the business of selling
9		tangible personal property at retail in this State;
10		3. Total amount of receipts received by him during the
11		preceding calendar month or quarter, as the case may be,
12		from sales of tangible personal property, and from
13		services furnished, by him during such preceding calendar
14		month or quarter;
15		4. Total amount received by him during the preceding
16		calendar month or quarter on charge and time sales of
17		tangible personal property, and from services furnished,
18		by him prior to the month or quarter for which the return
19		is filed;
20		5. Deductions allowed by law;
21		6. Gross receipts which were received by him during
22		the preceding calendar month or quarter and upon the basis
23		of which the tax is imposed;
24		7. The amount of credit provided in Section 2d of this
25		Act;
26		8. The amount of tax due;

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1		9. The signature of the taxpayer; and
2		10. Such other reasonable information as the
3		Department may require.
4		On and after January 1, 2018, except for returns for motor
5		vehicles, watercraft, aircraft, and trailers that are required
6		to be registered with an agency of this State, with respect to
7		retailers whose annual gross receipts average $20,000 or more,
8		all returns required to be filed pursuant to this Act shall be
9		filed electronically. Retailers who demonstrate that they do
10		not have access to the Internet or demonstrate hardship in
11		filing electronically may petition the Department to waive the
12		electronic filing requirement.
13		If a taxpayer fails to sign a return within 30 days after
14		the proper notice and demand for signature by the Department,
15		the return shall be considered valid and any amount shown to be
16		due on the return shall be deemed assessed.
17		Each return shall be accompanied by the statement of
18		prepaid tax issued pursuant to Section 2e for which credit is
19		claimed.
20		Prior to October 1, 2003, and on and after September 1,
21		2004 a retailer may accept a Manufacturer's Purchase Credit
22		certification from a purchaser in satisfaction of Use Tax as
23		provided in Section 3-85 of the Use Tax Act if the purchaser
24		provides the appropriate documentation as required by Section
25		3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
26		certification, accepted by a retailer prior to October 1, 2003

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1		and on and after September 1, 2004 as provided in Section 3-85
2		of the Use Tax Act, may be used by that retailer to satisfy
3		Retailers' Occupation Tax liability in the amount claimed in
4		the certification, not to exceed 6.25% of the receipts subject
5		to tax from a qualifying purchase. A Manufacturer's Purchase
6		Credit reported on any original or amended return filed under
7		this Act after October 20, 2003 for reporting periods prior to
8		September 1, 2004 shall be disallowed. Manufacturer's Purchase
9		Purchaser Credit reported on annual returns due on or after
10		January 1, 2005 will be disallowed for periods prior to
11		September 1, 2004. No Manufacturer's Purchase Credit may be
12		used after September 30, 2003 through August 31, 2004 to
13		satisfy any tax liability imposed under this Act, including
14		any audit liability.
15		The Department may require returns to be filed on a
16		quarterly basis. If so required, a return for each calendar
17		quarter shall be filed on or before the twentieth day of the
18		calendar month following the end of such calendar quarter. The
19		taxpayer shall also file a return with the Department for each
20		of the first two months of each calendar quarter, on or before
21		the twentieth day of the following calendar month, stating:
22		1. The name of the seller;
23		2. The address of the principal place of business from
24		which he engages in the business of selling tangible
25		personal property at retail in this State;
26		3. The total amount of taxable receipts received by

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1		him during the preceding calendar month from sales of
2		tangible personal property by him during such preceding
3		calendar month, including receipts from charge and time
4		sales, but less all deductions allowed by law;
5		4. The amount of credit provided in Section 2d of this
6		Act;
7		5. The amount of tax due; and
8		6. Such other reasonable information as the Department
9		may require.
10		Every person engaged in the business of selling aviation
11		fuel at retail in this State during the preceding calendar
12		month shall, instead of reporting and paying tax as otherwise
13		required by this Section, report and pay such tax on a separate
14		aviation fuel tax return. The requirements related to the
15		return shall be as otherwise provided in this Section.
16		Notwithstanding any other provisions of this Act to the
17		contrary, retailers selling aviation fuel shall file all
18		aviation fuel tax returns and shall make all aviation fuel tax
19		payments by electronic means in the manner and form required
20		by the Department. For purposes of this Section, "aviation
21		fuel" means jet fuel and aviation gasoline.
22		Beginning on October 1, 2003, any person who is not a
23		licensed distributor, importing distributor, or manufacturer,
24		as defined in the Liquor Control Act of 1934, but is engaged in
25		the business of selling, at retail, alcoholic liquor shall
26		file a statement with the Department of Revenue, in a format

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1		and at a time prescribed by the Department, showing the total
2		amount paid for alcoholic liquor purchased during the
3		preceding month and such other information as is reasonably
4		required by the Department. The Department may adopt rules to
5		require that this statement be filed in an electronic or
6		telephonic format. Such rules may provide for exceptions from
7		the filing requirements of this paragraph. For the purposes of
8		this paragraph, the term "alcoholic liquor" shall have the
9		meaning prescribed in the Liquor Control Act of 1934.
10		Beginning on October 1, 2003, every distributor, importing
11		distributor, and manufacturer of alcoholic liquor as defined
12		in the Liquor Control Act of 1934, shall file a statement with
13		the Department of Revenue, no later than the 10th day of the
14		month for the preceding month during which transactions
15		occurred, by electronic means, showing the total amount of
16		gross receipts from the sale of alcoholic liquor sold or
17		distributed during the preceding month to purchasers;
18		identifying the purchaser to whom it was sold or distributed;
19		the purchaser's tax registration number; and such other
20		information reasonably required by the Department. A
21		distributor, importing distributor, or manufacturer of
22		alcoholic liquor must personally deliver, mail, or provide by
23		electronic means to each retailer listed on the monthly
24		statement a report containing a cumulative total of that
25		distributor's, importing distributor's, or manufacturer's
26		total sales of alcoholic liquor to that retailer no later than

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1		the 10th day of the month for the preceding month during which
2		the transaction occurred. The distributor, importing
3		distributor, or manufacturer shall notify the retailer as to
4		the method by which the distributor, importing distributor, or
5		manufacturer will provide the sales information. If the
6		retailer is unable to receive the sales information by
7		electronic means, the distributor, importing distributor, or
8		manufacturer shall furnish the sales information by personal
9		delivery or by mail. For purposes of this paragraph, the term
10		"electronic means" includes, but is not limited to, the use of
11		a secure Internet website, e-mail, or facsimile.
12		If a total amount of less than $1 is payable, refundable or
13		creditable, such amount shall be disregarded if it is less
14		than 50 cents and shall be increased to $1 if it is 50 cents or
15		more.
16		Notwithstanding any other provision of this Act to the
17		contrary, retailers subject to tax on cannabis shall file all
18		cannabis tax returns and shall make all cannabis tax payments
19		by electronic means in the manner and form required by the
20		Department.
21		Beginning October 1, 1993, a taxpayer who has an average
22		monthly tax liability of $150,000 or more shall make all
23		payments required by rules of the Department by electronic
24		funds transfer. Beginning October 1, 1994, a taxpayer who has
25		an average monthly tax liability of $100,000 or more shall
26		make all payments required by rules of the Department by

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1		electronic funds transfer. Beginning October 1, 1995, a
2		taxpayer who has an average monthly tax liability of $50,000
3		or more shall make all payments required by rules of the
4		Department by electronic funds transfer. Beginning October 1,
5		2000, a taxpayer who has an annual tax liability of $200,000 or
6		more shall make all payments required by rules of the
7		Department by electronic funds transfer. The term "annual tax
8		liability" shall be the sum of the taxpayer's liabilities
9		under this Act, and under all other State and local occupation
10		and use tax laws administered by the Department, for the
11		immediately preceding calendar year. The term "average monthly
12		tax liability" shall be the sum of the taxpayer's liabilities
13		under this Act, and under all other State and local occupation
14		and use tax laws administered by the Department, for the
15		immediately preceding calendar year divided by 12. Beginning
16		on October 1, 2002, a taxpayer who has a tax liability in the
17		amount set forth in subsection (b) of Section 2505-210 of the
18		Department of Revenue Law shall make all payments required by
19		rules of the Department by electronic funds transfer.
20		Before August 1 of each year beginning in 1993, the
21		Department shall notify all taxpayers required to make
22		payments by electronic funds transfer. All taxpayers required
23		to make payments by electronic funds transfer shall make those
24		payments for a minimum of one year beginning on October 1.
25		Any taxpayer not required to make payments by electronic
26		funds transfer may make payments by electronic funds transfer

HB5501 Engrossed - 564 - LRB102 24698 AMC 33937 b
1		with the permission of the Department.
2		All taxpayers required to make payment by electronic funds
3		transfer and any taxpayers authorized to voluntarily make
4		payments by electronic funds transfer shall make those
5		payments in the manner authorized by the Department.
6		The Department shall adopt such rules as are necessary to
7		effectuate a program of electronic funds transfer and the
8		requirements of this Section.
9		Any amount which is required to be shown or reported on any
10		return or other document under this Act shall, if such amount
11		is not a whole-dollar amount, be increased to the nearest
12		whole-dollar amount in any case where the fractional part of a
13		dollar is 50 cents or more, and decreased to the nearest
14		whole-dollar amount where the fractional part of a dollar is
15		less than 50 cents.
16		If the retailer is otherwise required to file a monthly
17		return and if the retailer's average monthly tax liability to
18		the Department does not exceed $200, the Department may
19		authorize his returns to be filed on a quarter annual basis,
20		with the return for January, February and March of a given year
21		being due by April 20 of such year; with the return for April,
22		May and June of a given year being due by July 20 of such year;
23		with the return for July, August and September of a given year
24		being due by October 20 of such year, and with the return for
25		October, November and December of a given year being due by
26		January 20 of the following year.

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1		If the retailer is otherwise required to file a monthly or
2		quarterly return and if the retailer's average monthly tax
3		liability with the Department does not exceed $50, the
4		Department may authorize his returns to be filed on an annual
5		basis, with the return for a given year being due by January 20
6		of the following year.
7		Such quarter annual and annual returns, as to form and
8		substance, shall be subject to the same requirements as
9		monthly returns.
10		Notwithstanding any other provision in this Act concerning
11		the time within which a retailer may file his return, in the
12		case of any retailer who ceases to engage in a kind of business
13		which makes him responsible for filing returns under this Act,
14		such retailer shall file a final return under this Act with the
15		Department not more than one month after discontinuing such
16		business.
17		Where the same person has more than one business
18		registered with the Department under separate registrations
19		under this Act, such person may not file each return that is
20		due as a single return covering all such registered
21		businesses, but shall file separate returns for each such
22		registered business.
23		In addition, with respect to motor vehicles, watercraft,
24		aircraft, and trailers that are required to be registered with
25		an agency of this State, except as otherwise provided in this
26		Section, every retailer selling this kind of tangible personal

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1		property shall file, with the Department, upon a form to be
2		prescribed and supplied by the Department, a separate return
3		for each such item of tangible personal property which the
4		retailer sells, except that if, in the same transaction, (i) a
5		retailer of aircraft, watercraft, motor vehicles or trailers
6		transfers more than one aircraft, watercraft, motor vehicle or
7		trailer to another aircraft, watercraft, motor vehicle
8		retailer or trailer retailer for the purpose of resale or (ii)
9		a retailer of aircraft, watercraft, motor vehicles, or
10		trailers transfers more than one aircraft, watercraft, motor
11		vehicle, or trailer to a purchaser for use as a qualifying
12		rolling stock as provided in Section 2-5 of this Act, then that
13		seller may report the transfer of all aircraft, watercraft,
14		motor vehicles or trailers involved in that transaction to the
15		Department on the same uniform invoice-transaction reporting
16		return form. For purposes of this Section, "watercraft" means
17		a Class 2, Class 3, or Class 4 watercraft as defined in Section
18		3-2 of the Boat Registration and Safety Act, a personal
19		watercraft, or any boat equipped with an inboard motor.
20		In addition, with respect to motor vehicles, watercraft,
21		aircraft, and trailers that are required to be registered with
22		an agency of this State, every person who is engaged in the
23		business of leasing or renting such items and who, in
24		connection with such business, sells any such item to a
25		retailer for the purpose of resale is, notwithstanding any
26		other provision of this Section to the contrary, authorized to

HB5501 Engrossed - 567 - LRB102 24698 AMC 33937 b
1		meet the return-filing requirement of this Act by reporting
2		the transfer of all the aircraft, watercraft, motor vehicles,
3		or trailers transferred for resale during a month to the
4		Department on the same uniform invoice-transaction reporting
5		return form on or before the 20th of the month following the
6		month in which the transfer takes place. Notwithstanding any
7		other provision of this Act to the contrary, all returns filed
8		under this paragraph must be filed by electronic means in the
9		manner and form as required by the Department.
10		Any retailer who sells only motor vehicles, watercraft,
11		aircraft, or trailers that are required to be registered with
12		an agency of this State, so that all retailers' occupation tax
13		liability is required to be reported, and is reported, on such
14		transaction reporting returns and who is not otherwise
15		required to file monthly or quarterly returns, need not file
16		monthly or quarterly returns. However, those retailers shall
17		be required to file returns on an annual basis.
18		The transaction reporting return, in the case of motor
19		vehicles or trailers that are required to be registered with
20		an agency of this State, shall be the same document as the
21		Uniform Invoice referred to in Section 5-402 of the Illinois
22		Vehicle Code and must show the name and address of the seller;
23		the name and address of the purchaser; the amount of the
24		selling price including the amount allowed by the retailer for
25		traded-in property, if any; the amount allowed by the retailer
26		for the traded-in tangible personal property, if any, to the

HB5501 Engrossed - 568 - LRB102 24698 AMC 33937 b
1		extent to which Section 1 of this Act allows an exemption for
2		the value of traded-in property; the balance payable after
3		deducting such trade-in allowance from the total selling
4		price; the amount of tax due from the retailer with respect to
5		such transaction; the amount of tax collected from the
6		purchaser by the retailer on such transaction (or satisfactory
7		evidence that such tax is not due in that particular instance,
8		if that is claimed to be the fact); the place and date of the
9		sale; a sufficient identification of the property sold; such
10		other information as is required in Section 5-402 of the
11		Illinois Vehicle Code, and such other information as the
12		Department may reasonably require.
13		The transaction reporting return in the case of watercraft
14		or aircraft must show the name and address of the seller; the
15		name and address of the purchaser; the amount of the selling
16		price including the amount allowed by the retailer for
17		traded-in property, if any; the amount allowed by the retailer
18		for the traded-in tangible personal property, if any, to the
19		extent to which Section 1 of this Act allows an exemption for
20		the value of traded-in property; the balance payable after
21		deducting such trade-in allowance from the total selling
22		price; the amount of tax due from the retailer with respect to
23		such transaction; the amount of tax collected from the
24		purchaser by the retailer on such transaction (or satisfactory
25		evidence that such tax is not due in that particular instance,
26		if that is claimed to be the fact); the place and date of the

HB5501 Engrossed - 569 - LRB102 24698 AMC 33937 b
1		sale, a sufficient identification of the property sold, and
2		such other information as the Department may reasonably
3		require.
4		Such transaction reporting return shall be filed not later
5		than 20 days after the day of delivery of the item that is
6		being sold, but may be filed by the retailer at any time sooner
7		than that if he chooses to do so. The transaction reporting
8		return and tax remittance or proof of exemption from the
9		Illinois use tax may be transmitted to the Department by way of
10		the State agency with which, or State officer with whom the
11		tangible personal property must be titled or registered (if
12		titling or registration is required) if the Department and
13		such agency or State officer determine that this procedure
14		will expedite the processing of applications for title or
15		registration.
16		With each such transaction reporting return, the retailer
17		shall remit the proper amount of tax due (or shall submit
18		satisfactory evidence that the sale is not taxable if that is
19		the case), to the Department or its agents, whereupon the
20		Department shall issue, in the purchaser's name, a use tax
21		receipt (or a certificate of exemption if the Department is
22		satisfied that the particular sale is tax exempt) which such
23		purchaser may submit to the agency with which, or State
24		officer with whom, he must title or register the tangible
25		personal property that is involved (if titling or registration
26		is required) in support of such purchaser's application for an

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1		Illinois certificate or other evidence of title or
2		registration to such tangible personal property.
3		No retailer's failure or refusal to remit tax under this
4		Act precludes a user, who has paid the proper tax to the
5		retailer, from obtaining his certificate of title or other
6		evidence of title or registration (if titling or registration
7		is required) upon satisfying the Department that such user has
8		paid the proper tax (if tax is due) to the retailer. The
9		Department shall adopt appropriate rules to carry out the
10		mandate of this paragraph.
11		If the user who would otherwise pay tax to the retailer
12		wants the transaction reporting return filed and the payment
13		of the tax or proof of exemption made to the Department before
14		the retailer is willing to take these actions and such user has
15		not paid the tax to the retailer, such user may certify to the
16		fact of such delay by the retailer and may (upon the Department
17		being satisfied of the truth of such certification) transmit
18		the information required by the transaction reporting return
19		and the remittance for tax or proof of exemption directly to
20		the Department and obtain his tax receipt or exemption
21		determination, in which event the transaction reporting return
22		and tax remittance (if a tax payment was required) shall be
23		credited by the Department to the proper retailer's account
24		with the Department, but without the 2.1% or 1.75% discount
25		provided for in this Section being allowed. When the user pays
26		the tax directly to the Department, he shall pay the tax in the

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1		same amount and in the same form in which it would be remitted
2		if the tax had been remitted to the Department by the retailer.
3		Refunds made by the seller during the preceding return
4		period to purchasers, on account of tangible personal property
5		returned to the seller, shall be allowed as a deduction under
6		subdivision 5 of his monthly or quarterly return, as the case
7		may be, in case the seller had theretofore included the
8		receipts from the sale of such tangible personal property in a
9		return filed by him and had paid the tax imposed by this Act
10		with respect to such receipts.
11		Where the seller is a corporation, the return filed on
12		behalf of such corporation shall be signed by the president,
13		vice-president, secretary or treasurer or by the properly
14		accredited agent of such corporation.
15		Where the seller is a limited liability company, the
16		return filed on behalf of the limited liability company shall
17		be signed by a manager, member, or properly accredited agent
18		of the limited liability company.
19		Except as provided in this Section, the retailer filing
20		the return under this Section shall, at the time of filing such
21		return, pay to the Department the amount of tax imposed by this
22		Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
23		on and after January 1, 1990, or $5 per calendar year,
24		whichever is greater, which is allowed to reimburse the
25		retailer for the expenses incurred in keeping records,
26		preparing and filing returns, remitting the tax and supplying

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1		data to the Department on request. On and after January 1,
2		2021, a certified service provider, as defined in the Leveling
3		the Playing Field for Illinois Retail Act, filing the return
4		under this Section on behalf of a remote retailer shall, at the
5		time of such return, pay to the Department the amount of tax
6		imposed by this Act less a discount of 1.75%. A remote retailer
7		using a certified service provider to file a return on its
8		behalf, as provided in the Leveling the Playing Field for
9		Illinois Retail Act, is not eligible for the discount. The
10		discount under this Section is not allowed for the 1.25%
11		portion of taxes paid on aviation fuel that is subject to the
12		revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
13		47133. Any prepayment made pursuant to Section 2d of this Act
14		shall be included in the amount on which such 2.1% or 1.75%
15		discount is computed. In the case of retailers who report and
16		pay the tax on a transaction by transaction basis, as provided
17		in this Section, such discount shall be taken with each such
18		tax remittance instead of when such retailer files his
19		periodic return. The discount allowed under this Section is
20		allowed only for returns that are filed in the manner required
21		by this Act. The Department may disallow the discount for
22		retailers whose certificate of registration is revoked at the
23		time the return is filed, but only if the Department's
24		decision to revoke the certificate of registration has become
25		final.
26		Before October 1, 2000, if the taxpayer's average monthly

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1		tax liability to the Department under this Act, the Use Tax
2		Act, the Service Occupation Tax Act, and the Service Use Tax
3		Act, excluding any liability for prepaid sales tax to be
4		remitted in accordance with Section 2d of this Act, was
5		$10,000 or more during the preceding 4 complete calendar
6		quarters, he shall file a return with the Department each
7		month by the 20th day of the month next following the month
8		during which such tax liability is incurred and shall make
9		payments to the Department on or before the 7th, 15th, 22nd and
10		last day of the month during which such liability is incurred.
11		On and after October 1, 2000, if the taxpayer's average
12		monthly tax liability to the Department under this Act, the
13		Use Tax Act, the Service Occupation Tax Act, and the Service
14		Use Tax Act, excluding any liability for prepaid sales tax to
15		be remitted in accordance with Section 2d of this Act, was
16		$20,000 or more during the preceding 4 complete calendar
17		quarters, he shall file a return with the Department each
18		month by the 20th day of the month next following the month
19		during which such tax liability is incurred and shall make
20		payment to the Department on or before the 7th, 15th, 22nd and
21		last day of the month during which such liability is incurred.
22		If the month during which such tax liability is incurred began
23		prior to January 1, 1985, each payment shall be in an amount
24		equal to 1/4 of the taxpayer's actual liability for the month
25		or an amount set by the Department not to exceed 1/4 of the
26		average monthly liability of the taxpayer to the Department

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1		for the preceding 4 complete calendar quarters (excluding the
2		month of highest liability and the month of lowest liability
3		in such 4 quarter period). If the month during which such tax
4		liability is incurred begins on or after January 1, 1985 and
5		prior to January 1, 1987, each payment shall be in an amount
6		equal to 22.5% of the taxpayer's actual liability for the
7		month or 27.5% of the taxpayer's liability for the same
8		calendar month of the preceding year. If the month during
9		which such tax liability is incurred begins on or after
10		January 1, 1987 and prior to January 1, 1988, each payment
11		shall be in an amount equal to 22.5% of the taxpayer's actual
12		liability for the month or 26.25% of the taxpayer's liability
13		for the same calendar month of the preceding year. If the month
14		during which such tax liability is incurred begins on or after
15		January 1, 1988, and prior to January 1, 1989, or begins on or
16		after January 1, 1996, each payment shall be in an amount equal
17		to 22.5% of the taxpayer's actual liability for the month or
18		25% of the taxpayer's liability for the same calendar month of
19		the preceding year. If the month during which such tax
20		liability is incurred begins on or after January 1, 1989, and
21		prior to January 1, 1996, each payment shall be in an amount
22		equal to 22.5% of the taxpayer's actual liability for the
23		month or 25% of the taxpayer's liability for the same calendar
24		month of the preceding year or 100% of the taxpayer's actual
25		liability for the quarter monthly reporting period. The amount
26		of such quarter monthly payments shall be credited against the

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1		final tax liability of the taxpayer's return for that month.
2		Before October 1, 2000, once applicable, the requirement of
3		the making of quarter monthly payments to the Department by
4		taxpayers having an average monthly tax liability of $10,000
5		or more as determined in the manner provided above shall
6		continue until such taxpayer's average monthly liability to
7		the Department during the preceding 4 complete calendar
8		quarters (excluding the month of highest liability and the
9		month of lowest liability) is less than $9,000, or until such
10		taxpayer's average monthly liability to the Department as
11		computed for each calendar quarter of the 4 preceding complete
12		calendar quarter period is less than $10,000. However, if a
13		taxpayer can show the Department that a substantial change in
14		the taxpayer's business has occurred which causes the taxpayer
15		to anticipate that his average monthly tax liability for the
16		reasonably foreseeable future will fall below the $10,000
17		threshold stated above, then such taxpayer may petition the
18		Department for a change in such taxpayer's reporting status.
19		On and after October 1, 2000, once applicable, the requirement
20		of the making of quarter monthly payments to the Department by
21		taxpayers having an average monthly tax liability of $20,000
22		or more as determined in the manner provided above shall
23		continue until such taxpayer's average monthly liability to
24		the Department during the preceding 4 complete calendar
25		quarters (excluding the month of highest liability and the
26		month of lowest liability) is less than $19,000 or until such

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1		taxpayer's average monthly liability to the Department as
2		computed for each calendar quarter of the 4 preceding complete
3		calendar quarter period is less than $20,000. However, if a
4		taxpayer can show the Department that a substantial change in
5		the taxpayer's business has occurred which causes the taxpayer
6		to anticipate that his average monthly tax liability for the
7		reasonably foreseeable future will fall below the $20,000
8		threshold stated above, then such taxpayer may petition the
9		Department for a change in such taxpayer's reporting status.
10		The Department shall change such taxpayer's reporting status
11		unless it finds that such change is seasonal in nature and not
12		likely to be long term. If any such quarter monthly payment is
13		not paid at the time or in the amount required by this Section,
14		then the taxpayer shall be liable for penalties and interest
15		on the difference between the minimum amount due as a payment
16		and the amount of such quarter monthly payment actually and
17		timely paid, except insofar as the taxpayer has previously
18		made payments for that month to the Department in excess of the
19		minimum payments previously due as provided in this Section.
20		The Department shall make reasonable rules and regulations to
21		govern the quarter monthly payment amount and quarter monthly
22		payment dates for taxpayers who file on other than a calendar
23		monthly basis.
24		The provisions of this paragraph apply before October 1,
25		2001. Without regard to whether a taxpayer is required to make
26		quarter monthly payments as specified above, any taxpayer who

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1		is required by Section 2d of this Act to collect and remit
2		prepaid taxes and has collected prepaid taxes which average in
3		excess of $25,000 per month during the preceding 2 complete
4		calendar quarters, shall file a return with the Department as
5		required by Section 2f and shall make payments to the
6		Department on or before the 7th, 15th, 22nd and last day of the
7		month during which such liability is incurred. If the month
8		during which such tax liability is incurred began prior to
9		September 1, 1985 (the effective date of Public Act 84-221),
10		each payment shall be in an amount not less than 22.5% of the
11		taxpayer's actual liability under Section 2d. If the month
12		during which such tax liability is incurred begins on or after
13		January 1, 1986, each payment shall be in an amount equal to
14		22.5% of the taxpayer's actual liability for the month or
15		27.5% of the taxpayer's liability for the same calendar month
16		of the preceding calendar year. If the month during which such
17		tax liability is incurred begins on or after January 1, 1987,
18		each payment shall be in an amount equal to 22.5% of the
19		taxpayer's actual liability for the month or 26.25% of the
20		taxpayer's liability for the same calendar month of the
21		preceding year. The amount of such quarter monthly payments
22		shall be credited against the final tax liability of the
23		taxpayer's return for that month filed under this Section or
24		Section 2f, as the case may be. Once applicable, the
25		requirement of the making of quarter monthly payments to the
26		Department pursuant to this paragraph shall continue until

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1		such taxpayer's average monthly prepaid tax collections during
2		the preceding 2 complete calendar quarters is $25,000 or less.
3		If any such quarter monthly payment is not paid at the time or
4		in the amount required, the taxpayer shall be liable for
5		penalties and interest on such difference, except insofar as
6		the taxpayer has previously made payments for that month in
7		excess of the minimum payments previously due.
8		The provisions of this paragraph apply on and after
9		October 1, 2001. Without regard to whether a taxpayer is
10		required to make quarter monthly payments as specified above,
11		any taxpayer who is required by Section 2d of this Act to
12		collect and remit prepaid taxes and has collected prepaid
13		taxes that average in excess of $20,000 per month during the
14		preceding 4 complete calendar quarters shall file a return
15		with the Department as required by Section 2f and shall make
16		payments to the Department on or before the 7th, 15th, 22nd and
17		last day of the month during which the liability is incurred.
18		Each payment shall be in an amount equal to 22.5% of the
19		taxpayer's actual liability for the month or 25% of the
20		taxpayer's liability for the same calendar month of the
21		preceding year. The amount of the quarter monthly payments
22		shall be credited against the final tax liability of the
23		taxpayer's return for that month filed under this Section or
24		Section 2f, as the case may be. Once applicable, the
25		requirement of the making of quarter monthly payments to the
26		Department pursuant to this paragraph shall continue until the

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1		taxpayer's average monthly prepaid tax collections during the
2		preceding 4 complete calendar quarters (excluding the month of
3		highest liability and the month of lowest liability) is less
4		than $19,000 or until such taxpayer's average monthly
5		liability to the Department as computed for each calendar
6		quarter of the 4 preceding complete calendar quarters is less
7		than $20,000. If any such quarter monthly payment is not paid
8		at the time or in the amount required, the taxpayer shall be
9		liable for penalties and interest on such difference, except
10		insofar as the taxpayer has previously made payments for that
11		month in excess of the minimum payments previously due.
12		If any payment provided for in this Section exceeds the
13		taxpayer's liabilities under this Act, the Use Tax Act, the
14		Service Occupation Tax Act and the Service Use Tax Act, as
15		shown on an original monthly return, the Department shall, if
16		requested by the taxpayer, issue to the taxpayer a credit
17		memorandum no later than 30 days after the date of payment. The
18		credit evidenced by such credit memorandum may be assigned by
19		the taxpayer to a similar taxpayer under this Act, the Use Tax
20		Act, the Service Occupation Tax Act or the Service Use Tax Act,
21		in accordance with reasonable rules and regulations to be
22		prescribed by the Department. If no such request is made, the
23		taxpayer may credit such excess payment against tax liability
24		subsequently to be remitted to the Department under this Act,
25		the Use Tax Act, the Service Occupation Tax Act or the Service
26		Use Tax Act, in accordance with reasonable rules and

HB5501 Engrossed - 580 - LRB102 24698 AMC 33937 b
1		regulations prescribed by the Department. If the Department
2		subsequently determined that all or any part of the credit
3		taken was not actually due to the taxpayer, the taxpayer's
4		2.1% and 1.75% vendor's discount shall be reduced by 2.1% or
5		1.75% of the difference between the credit taken and that
6		actually due, and that taxpayer shall be liable for penalties
7		and interest on such difference.
8		If a retailer of motor fuel is entitled to a credit under
9		Section 2d of this Act which exceeds the taxpayer's liability
10		to the Department under this Act for the month for which the
11		taxpayer is filing a return, the Department shall issue the
12		taxpayer a credit memorandum for the excess.
13		Beginning January 1, 1990, each month the Department shall
14		pay into the Local Government Tax Fund, a special fund in the
15		State treasury which is hereby created, the net revenue
16		realized for the preceding month from the 1% tax imposed under
17		this Act.
18		Beginning January 1, 1990, each month the Department shall
19		pay into the County and Mass Transit District Fund, a special
20		fund in the State treasury which is hereby created, 4% of the
21		net revenue realized for the preceding month from the 6.25%
22		general rate other than aviation fuel sold on or after
23		December 1, 2019. This exception for aviation fuel only
24		applies for so long as the revenue use requirements of 49
25		U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
26		Beginning August 1, 2000, each month the Department shall

HB5501 Engrossed - 581 - LRB102 24698 AMC 33937 b
1		pay into the County and Mass Transit District Fund 20% of the
2		net revenue realized for the preceding month from the 1.25%
3		rate on the selling price of motor fuel and gasohol. Beginning
4		September 1, 2010, each month the Department shall pay into
5		the County and Mass Transit District Fund 20% of the net
6		revenue realized for the preceding month from the 1.25% rate
7		on the selling price of sales tax holiday items.
8		Beginning January 1, 1990, each month the Department shall
9		pay into the Local Government Tax Fund 16% of the net revenue
10		realized for the preceding month from the 6.25% general rate
11		on the selling price of tangible personal property other than
12		aviation fuel sold on or after December 1, 2019. This
13		exception for aviation fuel only applies for so long as the
14		revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
15		47133 are binding on the State.
16		For aviation fuel sold on or after December 1, 2019, each
17		month the Department shall pay into the State Aviation Program
18		Fund 20% of the net revenue realized for the preceding month
19		from the 6.25% general rate on the selling price of aviation
20		fuel, less an amount estimated by the Department to be
21		required for refunds of the 20% portion of the tax on aviation
22		fuel under this Act, which amount shall be deposited into the
23		Aviation Fuel Sales Tax Refund Fund. The Department shall only
24		pay moneys into the State Aviation Program Fund and the
25		Aviation Fuel Sales Tax Refund Fund under this Act for so long
26		as the revenue use requirements of 49 U.S.C. 47107(b) and 49

HB5501 Engrossed - 582 - LRB102 24698 AMC 33937 b
1		U.S.C. 47133 are binding on the State.
2		Beginning August 1, 2000, each month the Department shall
3		pay into the Local Government Tax Fund 80% of the net revenue
4		realized for the preceding month from the 1.25% rate on the
5		selling price of motor fuel and gasohol. Beginning September
6		1, 2010, each month the Department shall pay into the Local
7		Government Tax Fund 80% of the net revenue realized for the
8		preceding month from the 1.25% rate on the selling price of
9		sales tax holiday items.
10		Beginning October 1, 2009, each month the Department shall
11		pay into the Capital Projects Fund an amount that is equal to
12		an amount estimated by the Department to represent 80% of the
13		net revenue realized for the preceding month from the sale of
14		candy, grooming and hygiene products, and soft drinks that had
15		been taxed at a rate of 1% prior to September 1, 2009 but that
16		are now taxed at 6.25%.
17		Beginning July 1, 2011, each month the Department shall
18		pay into the Clean Air Act Permit Fund 80% of the net revenue
19		realized for the preceding month from the 6.25% general rate
20		on the selling price of sorbents used in Illinois in the
21		process of sorbent injection as used to comply with the
22		Environmental Protection Act or the federal Clean Air Act, but
23		the total payment into the Clean Air Act Permit Fund under this
24		Act and the Use Tax Act shall not exceed $2,000,000 in any
25		fiscal year.
26		Beginning July 1, 2013, each month the Department shall

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1		pay into the Underground Storage Tank Fund from the proceeds
2		collected under this Act, the Use Tax Act, the Service Use Tax
3		Act, and the Service Occupation Tax Act an amount equal to the
4		average monthly deficit in the Underground Storage Tank Fund
5		during the prior year, as certified annually by the Illinois
6		Environmental Protection Agency, but the total payment into
7		the Underground Storage Tank Fund under this Act, the Use Tax
8		Act, the Service Use Tax Act, and the Service Occupation Tax
9		Act shall not exceed $18,000,000 in any State fiscal year. As
10		used in this paragraph, the "average monthly deficit" shall be
11		equal to the difference between the average monthly claims for
12		payment by the fund and the average monthly revenues deposited
13		into the fund, excluding payments made pursuant to this
14		paragraph.
15		Beginning July 1, 2015, of the remainder of the moneys
16		received by the Department under the Use Tax Act, the Service
17		Use Tax Act, the Service Occupation Tax Act, and this Act, each
18		month the Department shall deposit $500,000 into the State
19		Crime Laboratory Fund.
20		Of the remainder of the moneys received by the Department
21		pursuant to this Act, (a) 1.75% thereof shall be paid into the
22		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
23		and after July 1, 1989, 3.8% thereof shall be paid into the
24		Build Illinois Fund; provided, however, that if in any fiscal
25		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
26		may be, of the moneys received by the Department and required

HB5501 Engrossed - 584 - LRB102 24698 AMC 33937 b
1		to be paid into the Build Illinois Fund pursuant to this Act,
2		Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
3		Act, and Section 9 of the Service Occupation Tax Act, such Acts
4		being hereinafter called the "Tax Acts" and such aggregate of
5		2.2% or 3.8%, as the case may be, of moneys being hereinafter
6		called the "Tax Act Amount", and (2) the amount transferred to
7		the Build Illinois Fund from the State and Local Sales Tax
8		Reform Fund shall be less than the Annual Specified Amount (as
9		hereinafter defined), an amount equal to the difference shall
10		be immediately paid into the Build Illinois Fund from other
11		moneys received by the Department pursuant to the Tax Acts;
12		the "Annual Specified Amount" means the amounts specified
13		below for fiscal years 1986 through 1993:
14 Fiscal Year Annual Specified Amount 15 1986 $54,800,000 16 1987 $76,650,000 17 1988 $80,480,000 18 1989 $88,510,000 19 1990 $115,330,000 20 1991 $145,470,000 21 1992 $182,730,000 22 1993 $206,520,000;
23		and means the Certified Annual Debt Service Requirement (as
24		defined in Section 13 of the Build Illinois Bond Act) or the
25		Tax Act Amount, whichever is greater, for fiscal year 1994 and
26		each fiscal year thereafter; and further provided, that if on

HB5501 Engrossed - 585 - LRB102 24698 AMC 33937 b
1		the last business day of any month the sum of (1) the Tax Act
2		Amount required to be deposited into the Build Illinois Bond
3		Account in the Build Illinois Fund during such month and (2)
4		the amount transferred to the Build Illinois Fund from the
5		State and Local Sales Tax Reform Fund shall have been less than
6		1/12 of the Annual Specified Amount, an amount equal to the
7		difference shall be immediately paid into the Build Illinois
8		Fund from other moneys received by the Department pursuant to
9		the Tax Acts; and, further provided, that in no event shall the
10		payments required under the preceding proviso result in
11		aggregate payments into the Build Illinois Fund pursuant to
12		this clause (b) for any fiscal year in excess of the greater of
13		(i) the Tax Act Amount or (ii) the Annual Specified Amount for
14		such fiscal year. The amounts payable into the Build Illinois
15		Fund under clause (b) of the first sentence in this paragraph
16		shall be payable only until such time as the aggregate amount
17		on deposit under each trust indenture securing Bonds issued
18		and outstanding pursuant to the Build Illinois Bond Act is
19		sufficient, taking into account any future investment income,
20		to fully provide, in accordance with such indenture, for the
21		defeasance of or the payment of the principal of, premium, if
22		any, and interest on the Bonds secured by such indenture and on
23		any Bonds expected to be issued thereafter and all fees and
24		costs payable with respect thereto, all as certified by the
25		Director of the Bureau of the Budget (now Governor's Office of
26		Management and Budget). If on the last business day of any

HB5501 Engrossed - 586 - LRB102 24698 AMC 33937 b
1		month in which Bonds are outstanding pursuant to the Build
2		Illinois Bond Act, the aggregate of moneys deposited in the
3		Build Illinois Bond Account in the Build Illinois Fund in such
4		month shall be less than the amount required to be transferred
5		in such month from the Build Illinois Bond Account to the Build
6		Illinois Bond Retirement and Interest Fund pursuant to Section
7		13 of the Build Illinois Bond Act, an amount equal to such
8		deficiency shall be immediately paid from other moneys
9		received by the Department pursuant to the Tax Acts to the
10		Build Illinois Fund; provided, however, that any amounts paid
11		to the Build Illinois Fund in any fiscal year pursuant to this
12		sentence shall be deemed to constitute payments pursuant to
13		clause (b) of the first sentence of this paragraph and shall
14		reduce the amount otherwise payable for such fiscal year
15		pursuant to that clause (b). The moneys received by the
16		Department pursuant to this Act and required to be deposited
17		into the Build Illinois Fund are subject to the pledge, claim
18		and charge set forth in Section 12 of the Build Illinois Bond
19		Act.
20		Subject to payment of amounts into the Build Illinois Fund
21		as provided in the preceding paragraph or in any amendment
22		thereto hereafter enacted, the following specified monthly
23		installment of the amount requested in the certificate of the
24		Chairman of the Metropolitan Pier and Exposition Authority
25		provided under Section 8.25f of the State Finance Act, but not
26		in excess of sums designated as "Total Deposit", shall be

HB5501 Engrossed - 587 - LRB102 24698 AMC 33937 b
1		deposited in the aggregate from collections under Section 9 of
2		the Use Tax Act, Section 9 of the Service Use Tax Act, Section
3		9 of the Service Occupation Tax Act, and Section 3 of the
4		Retailers' Occupation Tax Act into the McCormick Place
5		Expansion Project Fund in the specified fiscal years.
6 Fiscal Year Total Deposit 7 1993 $0 8 1994 53,000,000 9 1995 58,000,000 10 1996 61,000,000 11 1997 64,000,000 12 1998 68,000,000 13 1999 71,000,000 14 2000 75,000,000 15 2001 80,000,000 16 2002 93,000,000 17 2003 99,000,000 18 2004 103,000,000 19 2005 108,000,000 20 2006 113,000,000 21 2007 119,000,000 22 2008 126,000,000 23 2009 132,000,000 24 2010 139,000,000 25 2011 146,000,000 26 2012 153,000,000

HB5501 Engrossed - 588 - LRB102 24698 AMC 33937 b

1 2013 161,000,000 2 2014 170,000,000 3 2015 179,000,000 4 2016 189,000,000 5 2017 199,000,000 6 2018 210,000,000 7 2019 221,000,000 8 2020 233,000,000 9 2021 300,000,000 10 2022 300,000,000 11 2023 300,000,000 12 2024 300,000,000 13 2025 300,000,000 14 2026 300,000,000 15 2027 375,000,000 16 2028 375,000,000 17 2029 375,000,000 18 2030 375,000,000 19 2031 375,000,000 20 2032 375,000,000 21 2033 375,000,000 22 2034 375,000,000 23 2035 375,000,000 24 2036 450,000,000 25 and 26 each fiscal year

HB5501 Engrossed - 589 - LRB102 24698 AMC 33937 b
1 thereafter that bonds 2 are outstanding under 3 Section 13.2 of the 4 Metropolitan Pier and 5 Exposition Authority Act, 6 but not after fiscal year 2060.
7		Beginning July 20, 1993 and in each month of each fiscal
8		year thereafter, one-eighth of the amount requested in the
9		certificate of the Chairman of the Metropolitan Pier and
10		Exposition Authority for that fiscal year, less the amount
11		deposited into the McCormick Place Expansion Project Fund by
12		the State Treasurer in the respective month under subsection
13		(g) of Section 13 of the Metropolitan Pier and Exposition
14		Authority Act, plus cumulative deficiencies in the deposits
15		required under this Section for previous months and years,
16		shall be deposited into the McCormick Place Expansion Project
17		Fund, until the full amount requested for the fiscal year, but
18		not in excess of the amount specified above as "Total
19		Deposit", has been deposited.
20		Subject to payment of amounts into the Capital Projects
21		Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
22		and the McCormick Place Expansion Project Fund pursuant to the
23		preceding paragraphs or in any amendments thereto hereafter
24		enacted, for aviation fuel sold on or after December 1, 2019,
25		the Department shall each month deposit into the Aviation Fuel
26		Sales Tax Refund Fund an amount estimated by the Department to

HB5501 Engrossed - 590 - LRB102 24698 AMC 33937 b
1		be required for refunds of the 80% portion of the tax on
2		aviation fuel under this Act. The Department shall only
3		deposit moneys into the Aviation Fuel Sales Tax Refund Fund
4		under this paragraph for so long as the revenue use
5		requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
6		binding on the State.
7		Subject to payment of amounts into the Build Illinois Fund
8		and the McCormick Place Expansion Project Fund pursuant to the
9		preceding paragraphs or in any amendments thereto hereafter
10		enacted, beginning July 1, 1993 and ending on September 30,
11		2013, the Department shall each month pay into the Illinois
12		Tax Increment Fund 0.27% of 80% of the net revenue realized for
13		the preceding month from the 6.25% general rate on the selling
14		price of tangible personal property.
15		Subject to payment of amounts into the Build Illinois Fund
16		and the McCormick Place Expansion Project Fund pursuant to the
17		preceding paragraphs or in any amendments thereto hereafter
18		enacted, beginning with the receipt of the first report of
19		taxes paid by an eligible business and continuing for a
20		25-year period, the Department shall each month pay into the
21		Energy Infrastructure Fund 80% of the net revenue realized
22		from the 6.25% general rate on the selling price of
23		Illinois-mined coal that was sold to an eligible business. For
24		purposes of this paragraph, the term "eligible business" means
25		a new electric generating facility certified pursuant to
26		Section 605-332 of the Department of Commerce and Economic

HB5501 Engrossed - 591 - LRB102 24698 AMC 33937 b
1		Opportunity Law of the Civil Administrative Code of Illinois.
2		Subject to payment of amounts into the Build Illinois
3		Fund, the McCormick Place Expansion Project Fund, the Illinois
4		Tax Increment Fund, and the Energy Infrastructure Fund
5		pursuant to the preceding paragraphs or in any amendments to
6		this Section hereafter enacted, beginning on the first day of
7		the first calendar month to occur on or after August 26, 2014
8		(the effective date of Public Act 98-1098), each month, from
9		the collections made under Section 9 of the Use Tax Act,
10		Section 9 of the Service Use Tax Act, Section 9 of the Service
11		Occupation Tax Act, and Section 3 of the Retailers' Occupation
12		Tax Act, the Department shall pay into the Tax Compliance and
13		Administration Fund, to be used, subject to appropriation, to
14		fund additional auditors and compliance personnel at the
15		Department of Revenue, an amount equal to 1/12 of 5% of 80% of
16		the cash receipts collected during the preceding fiscal year
17		by the Audit Bureau of the Department under the Use Tax Act,
18		the Service Use Tax Act, the Service Occupation Tax Act, the
19		Retailers' Occupation Tax Act, and associated local occupation
20		and use taxes administered by the Department.
21		Subject to payments of amounts into the Build Illinois
22		Fund, the McCormick Place Expansion Project Fund, the Illinois
23		Tax Increment Fund, the Energy Infrastructure Fund, and the
24		Tax Compliance and Administration Fund as provided in this
25		Section, beginning on July 1, 2018 the Department shall pay
26		each month into the Downstate Public Transportation Fund the

HB5501 Engrossed - 592 - LRB102 24698 AMC 33937 b
1		moneys required to be so paid under Section 2-3 of the
2		Downstate Public Transportation Act.
3		Subject to successful execution and delivery of a
4		public-private agreement between the public agency and private
5		entity and completion of the civic build, beginning on July 1,
6		2023, of the remainder of the moneys received by the
7		Department under the Use Tax Act, the Service Use Tax Act, the
8		Service Occupation Tax Act, and this Act, the Department shall
9		deposit the following specified deposits in the aggregate from
10		collections under the Use Tax Act, the Service Use Tax Act, the
11		Service Occupation Tax Act, and the Retailers' Occupation Tax
12		Act, as required under Section 8.25g of the State Finance Act
13		for distribution consistent with the Public-Private
14		Partnership for Civic and Transit Infrastructure Project Act.
15		The moneys received by the Department pursuant to this Act and
16		required to be deposited into the Civic and Transit
17		Infrastructure Fund are subject to the pledge, claim and
18		charge set forth in Section 25-55 of the Public-Private
19		Partnership for Civic and Transit Infrastructure Project Act.
20		As used in this paragraph, "civic build", "private entity",
21		"public-private agreement", and "public agency" have the
22		meanings provided in Section 25-10 of the Public-Private
23		Partnership for Civic and Transit Infrastructure Project Act.
24		Fiscal Year.............................Total Deposit
25		2024.....................................$200,000,000
26		2025....................................$206,000,000

HB5501 Engrossed - 593 - LRB102 24698 AMC 33937 b
1		2026....................................$212,200,000
2		2027....................................$218,500,000
3		2028....................................$225,100,000
4		2029....................................$288,700,000
5		2030....................................$298,900,000
6		2031....................................$309,300,000
7		2032....................................$320,100,000
8		2033....................................$331,200,000
9		2034....................................$341,200,000
10		2035....................................$351,400,000
11		2036....................................$361,900,000
12		2037....................................$372,800,000
13		2038....................................$384,000,000
14		2039....................................$395,500,000
15		2040....................................$407,400,000
16		2041....................................$419,600,000
17		2042....................................$432,200,000
18		2043....................................$445,100,000
19		Beginning July 1, 2021 and until July 1, 2022, subject to
20		the payment of amounts into the County and Mass Transit
21		District Fund, the Local Government Tax Fund, the Build
22		Illinois Fund, the McCormick Place Expansion Project Fund, the
23		Illinois Tax Increment Fund, the Energy Infrastructure Fund,
24		and the Tax Compliance and Administration Fund as provided in
25		this Section, the Department shall pay each month into the
26		Road Fund the amount estimated to represent 16% of the net

HB5501 Engrossed - 594 - LRB102 24698 AMC 33937 b
1		revenue realized from the taxes imposed on motor fuel and
2		gasohol. Beginning July 1, 2022 and until July 1, 2023,
3		subject to the payment of amounts into the County and Mass
4		Transit District Fund, the Local Government Tax Fund, the
5		Build Illinois Fund, the McCormick Place Expansion Project
6		Fund, the Illinois Tax Increment Fund, the Energy
7		Infrastructure Fund, and the Tax Compliance and Administration
8		Fund as provided in this Section, the Department shall pay
9		each month into the Road Fund the amount estimated to
10		represent 32% of the net revenue realized from the taxes
11		imposed on motor fuel and gasohol. Beginning July 1, 2023 and
12		until July 1, 2024, subject to the payment of amounts into the
13		County and Mass Transit District Fund, the Local Government
14		Tax Fund, the Build Illinois Fund, the McCormick Place
15		Expansion Project Fund, the Illinois Tax Increment Fund, the
16		Energy Infrastructure Fund, and the Tax Compliance and
17		Administration Fund as provided in this Section, the
18		Department shall pay each month into the Road Fund the amount
19		estimated to represent 48% of the net revenue realized from
20		the taxes imposed on motor fuel and gasohol. Beginning July 1,
21		2024 and until July 1, 2025, subject to the payment of amounts
22		into the County and Mass Transit District Fund, the Local
23		Government Tax Fund, the Build Illinois Fund, the McCormick
24		Place Expansion Project Fund, the Illinois Tax Increment Fund,
25		the Energy Infrastructure Fund, and the Tax Compliance and
26		Administration Fund as provided in this Section, the

HB5501 Engrossed - 595 - LRB102 24698 AMC 33937 b
1		Department shall pay each month into the Road Fund the amount
2		estimated to represent 64% of the net revenue realized from
3		the taxes imposed on motor fuel and gasohol. Beginning on July
4		1, 2025, subject to the payment of amounts into the County and
5		Mass Transit District Fund, the Local Government Tax Fund, the
6		Build Illinois Fund, the McCormick Place Expansion Project
7		Fund, the Illinois Tax Increment Fund, the Energy
8		Infrastructure Fund, and the Tax Compliance and Administration
9		Fund as provided in this Section, the Department shall pay
10		each month into the Road Fund the amount estimated to
11		represent 80% of the net revenue realized from the taxes
12		imposed on motor fuel and gasohol. As used in this paragraph
13		"motor fuel" has the meaning given to that term in Section 1.1
14		of the Motor Fuel Tax Act, and "gasohol" has the meaning given
15		to that term in Section 3-40 of the Use Tax Act.
16		Of the remainder of the moneys received by the Department
17		pursuant to this Act, 75% thereof shall be paid into the State
18		Treasury and 25% shall be reserved in a special account and
19		used only for the transfer to the Common School Fund as part of
20		the monthly transfer from the General Revenue Fund in
21		accordance with Section 8a of the State Finance Act.
22		The Department may, upon separate written notice to a
23		taxpayer, require the taxpayer to prepare and file with the
24		Department on a form prescribed by the Department within not
25		less than 60 days after receipt of the notice an annual
26		information return for the tax year specified in the notice.

HB5501 Engrossed - 596 - LRB102 24698 AMC 33937 b
1		Such annual return to the Department shall include a statement
2		of gross receipts as shown by the retailer's last Federal
3		income tax return. If the total receipts of the business as
4		reported in the Federal income tax return do not agree with the
5		gross receipts reported to the Department of Revenue for the
6		same period, the retailer shall attach to his annual return a
7		schedule showing a reconciliation of the 2 amounts and the
8		reasons for the difference. The retailer's annual return to
9		the Department shall also disclose the cost of goods sold by
10		the retailer during the year covered by such return, opening
11		and closing inventories of such goods for such year, costs of
12		goods used from stock or taken from stock and given away by the
13		retailer during such year, payroll information of the
14		retailer's business during such year and any additional
15		reasonable information which the Department deems would be
16		helpful in determining the accuracy of the monthly, quarterly
17		or annual returns filed by such retailer as provided for in
18		this Section.
19		If the annual information return required by this Section
20		is not filed when and as required, the taxpayer shall be liable
21		as follows:
22		(i) Until January 1, 1994, the taxpayer shall be
23		liable for a penalty equal to 1/6 of 1% of the tax due from
24		such taxpayer under this Act during the period to be
25		covered by the annual return for each month or fraction of
26		a month until such return is filed as required, the

HB5501 Engrossed - 597 - LRB102 24698 AMC 33937 b
1		penalty to be assessed and collected in the same manner as
2		any other penalty provided for in this Act.
3		(ii) On and after January 1, 1994, the taxpayer shall
4		be liable for a penalty as described in Section 3-4 of the
5		Uniform Penalty and Interest Act.
6		The chief executive officer, proprietor, owner or highest
7		ranking manager shall sign the annual return to certify the
8		accuracy of the information contained therein. Any person who
9		willfully signs the annual return containing false or
10		inaccurate information shall be guilty of perjury and punished
11		accordingly. The annual return form prescribed by the
12		Department shall include a warning that the person signing the
13		return may be liable for perjury.
14		The provisions of this Section concerning the filing of an
15		annual information return do not apply to a retailer who is not
16		required to file an income tax return with the United States
17		Government.
18		As soon as possible after the first day of each month, upon
19		certification of the Department of Revenue, the Comptroller
20		shall order transferred and the Treasurer shall transfer from
21		the General Revenue Fund to the Motor Fuel Tax Fund an amount
22		equal to 1.7% of 80% of the net revenue realized under this Act
23		for the second preceding month. Beginning April 1, 2000, this
24		transfer is no longer required and shall not be made.
25		Net revenue realized for a month shall be the revenue
26		collected by the State pursuant to this Act, less the amount

HB5501 Engrossed - 598 - LRB102 24698 AMC 33937 b
1		paid out during that month as refunds to taxpayers for
2		overpayment of liability.
3		For greater simplicity of administration, manufacturers,
4		importers and wholesalers whose products are sold at retail in
5		Illinois by numerous retailers, and who wish to do so, may
6		assume the responsibility for accounting and paying to the
7		Department all tax accruing under this Act with respect to
8		such sales, if the retailers who are affected do not make
9		written objection to the Department to this arrangement.
10		Any person who promotes, organizes, provides retail
11		selling space for concessionaires or other types of sellers at
12		the Illinois State Fair, DuQuoin State Fair, county fairs,
13		local fairs, art shows, flea markets and similar exhibitions
14		or events, including any transient merchant as defined by
15		Section 2 of the Transient Merchant Act of 1987, is required to
16		file a report with the Department providing the name of the
17		merchant's business, the name of the person or persons engaged
18		in merchant's business, the permanent address and Illinois
19		Retailers Occupation Tax Registration Number of the merchant,
20		the dates and location of the event and other reasonable
21		information that the Department may require. The report must
22		be filed not later than the 20th day of the month next
23		following the month during which the event with retail sales
24		was held. Any person who fails to file a report required by
25		this Section commits a business offense and is subject to a
26		fine not to exceed $250.

HB5501 Engrossed - 599 - LRB102 24698 AMC 33937 b
1		Any person engaged in the business of selling tangible
2		personal property at retail as a concessionaire or other type
3		of seller at the Illinois State Fair, county fairs, art shows,
4		flea markets and similar exhibitions or events, or any
5		transient merchants, as defined by Section 2 of the Transient
6		Merchant Act of 1987, may be required to make a daily report of
7		the amount of such sales to the Department and to make a daily
8		payment of the full amount of tax due. The Department shall
9		impose this requirement when it finds that there is a
10		significant risk of loss of revenue to the State at such an
11		exhibition or event. Such a finding shall be based on evidence
12		that a substantial number of concessionaires or other sellers
13		who are not residents of Illinois will be engaging in the
14		business of selling tangible personal property at retail at
15		the exhibition or event, or other evidence of a significant
16		risk of loss of revenue to the State. The Department shall
17		notify concessionaires and other sellers affected by the
18		imposition of this requirement. In the absence of notification
19		by the Department, the concessionaires and other sellers shall
20		file their returns as otherwise required in this Section.
21		(Source: P.A. 101-10, Article 15, Section 15-25, eff. 6-5-19;
22		101-10, Article 25, Section 25-120, eff. 6-5-19; 101-27, eff.
23		6-25-19; 101-32, eff. 6-28-19; 101-604, eff. 12-13-19;
24		101-636, eff. 6-10-20; 102-634, eff. 8-27-21; revised
25		12-7-21.)

HB5501 Engrossed - 600 - LRB102 24698 AMC 33937 b
1		Section 260. The Property Tax Code is amended by changing
2		Sections 18-185, 21-260, and 22-10 as follows:
3		(35 ILCS 200/18-185)
4		Sec. 18-185. Short title; definitions. This Division 5
5		may be cited as the Property Tax Extension Limitation Law. As
6		used in this Division 5:
7		"Consumer Price Index" means the Consumer Price Index for
8		All Urban Consumers for all items published by the United
9		States Department of Labor.
10		"Extension limitation" means (a) the lesser of 5% or the
11		percentage increase in the Consumer Price Index during the
12		12-month calendar year preceding the levy year or (b) the rate
13		of increase approved by voters under Section 18-205.
14		"Affected county" means a county of 3,000,000 or more
15		inhabitants or a county contiguous to a county of 3,000,000 or
16		more inhabitants.
17		"Taxing district" has the same meaning provided in Section
18		1-150, except as otherwise provided in this Section. For the
19		1991 through 1994 levy years only, "taxing district" includes
20		only each non-home rule taxing district having the majority of
21		its 1990 equalized assessed value within any county or
22		counties contiguous to a county with 3,000,000 or more
23		inhabitants. Beginning with the 1995 levy year, "taxing
24		district" includes only each non-home rule taxing district
25		subject to this Law before the 1995 levy year and each non-home

HB5501 Engrossed - 601 - LRB102 24698 AMC 33937 b
1		rule taxing district not subject to this Law before the 1995
2		levy year having the majority of its 1994 equalized assessed
3		value in an affected county or counties. Beginning with the
4		levy year in which this Law becomes applicable to a taxing
5		district as provided in Section 18-213, "taxing district" also
6		includes those taxing districts made subject to this Law as
7		provided in Section 18-213.
8		"Aggregate extension" for taxing districts to which this
9		Law applied before the 1995 levy year means the annual
10		corporate extension for the taxing district and those special
11		purpose extensions that are made annually for the taxing
12		district, excluding special purpose extensions: (a) made for
13		the taxing district to pay interest or principal on general
14		obligation bonds that were approved by referendum; (b) made
15		for any taxing district to pay interest or principal on
16		general obligation bonds issued before October 1, 1991; (c)
17		made for any taxing district to pay interest or principal on
18		bonds issued to refund or continue to refund those bonds
19		issued before October 1, 1991; (d) made for any taxing
20		district to pay interest or principal on bonds issued to
21		refund or continue to refund bonds issued after October 1,
22		1991 that were approved by referendum; (e) made for any taxing
23		district to pay interest or principal on revenue bonds issued
24		before October 1, 1991 for payment of which a property tax levy
25		or the full faith and credit of the unit of local government is
26		pledged; however, a tax for the payment of interest or

HB5501 Engrossed - 602 - LRB102 24698 AMC 33937 b
1		principal on those bonds shall be made only after the
2		governing body of the unit of local government finds that all
3		other sources for payment are insufficient to make those
4		payments; (f) made for payments under a building commission
5		lease when the lease payments are for the retirement of bonds
6		issued by the commission before October 1, 1991, to pay for the
7		building project; (g) made for payments due under installment
8		contracts entered into before October 1, 1991; (h) made for
9		payments of principal and interest on bonds issued under the
10		Metropolitan Water Reclamation District Act to finance
11		construction projects initiated before October 1, 1991; (i)
12		made for payments of principal and interest on limited bonds,
13		as defined in Section 3 of the Local Government Debt Reform
14		Act, in an amount not to exceed the debt service extension base
15		less the amount in items (b), (c), (e), and (h) of this
16		definition for non-referendum obligations, except obligations
17		initially issued pursuant to referendum; (j) made for payments
18		of principal and interest on bonds issued under Section 15 of
19		the Local Government Debt Reform Act; (k) made by a school
20		district that participates in the Special Education District
21		of Lake County, created by special education joint agreement
22		under Section 10-22.31 of the School Code, for payment of the
23		school district's share of the amounts required to be
24		contributed by the Special Education District of Lake County
25		to the Illinois Municipal Retirement Fund under Article 7 of
26		the Illinois Pension Code; the amount of any extension under

HB5501 Engrossed - 603 - LRB102 24698 AMC 33937 b
1		this item (k) shall be certified by the school district to the
2		county clerk; (l) made to fund expenses of providing joint
3		recreational programs for persons with disabilities under
4		Section 5-8 of the Park District Code or Section 11-95-14 of
5		the Illinois Municipal Code; (m) made for temporary relocation
6		loan repayment purposes pursuant to Sections 2-3.77 and
7		17-2.2d of the School Code; (n) made for payment of principal
8		and interest on any bonds issued under the authority of
9		Section 17-2.2d of the School Code; (o) made for contributions
10		to a firefighter's pension fund created under Article 4 of the
11		Illinois Pension Code, to the extent of the amount certified
12		under item (5) of Section 4-134 of the Illinois Pension Code;
13		and (p) made for road purposes in the first year after a
14		township assumes the rights, powers, duties, assets, property,
15		liabilities, obligations, and responsibilities of a road
16		district abolished under the provisions of Section 6-133 of
17		the Illinois Highway Code.
18		"Aggregate extension" for the taxing districts to which
19		this Law did not apply before the 1995 levy year (except taxing
20		districts subject to this Law in accordance with Section
21		18-213) means the annual corporate extension for the taxing
22		district and those special purpose extensions that are made
23		annually for the taxing district, excluding special purpose
24		extensions: (a) made for the taxing district to pay interest
25		or principal on general obligation bonds that were approved by
26		referendum; (b) made for any taxing district to pay interest

HB5501 Engrossed - 604 - LRB102 24698 AMC 33937 b
1		or principal on general obligation bonds issued before March
2		1, 1995; (c) made for any taxing district to pay interest or
3		principal on bonds issued to refund or continue to refund
4		those bonds issued before March 1, 1995; (d) made for any
5		taxing district to pay interest or principal on bonds issued
6		to refund or continue to refund bonds issued after March 1,
7		1995 that were approved by referendum; (e) made for any taxing
8		district to pay interest or principal on revenue bonds issued
9		before March 1, 1995 for payment of which a property tax levy
10		or the full faith and credit of the unit of local government is
11		pledged; however, a tax for the payment of interest or
12		principal on those bonds shall be made only after the
13		governing body of the unit of local government finds that all
14		other sources for payment are insufficient to make those
15		payments; (f) made for payments under a building commission
16		lease when the lease payments are for the retirement of bonds
17		issued by the commission before March 1, 1995 to pay for the
18		building project; (g) made for payments due under installment
19		contracts entered into before March 1, 1995; (h) made for
20		payments of principal and interest on bonds issued under the
21		Metropolitan Water Reclamation District Act to finance
22		construction projects initiated before October 1, 1991; (h-4)
23		made for stormwater management purposes by the Metropolitan
24		Water Reclamation District of Greater Chicago under Section 12
25		of the Metropolitan Water Reclamation District Act; (i) made
26		for payments of principal and interest on limited bonds, as

HB5501 Engrossed - 605 - LRB102 24698 AMC 33937 b
1		defined in Section 3 of the Local Government Debt Reform Act,
2		in an amount not to exceed the debt service extension base less
3		the amount in items (b), (c), and (e) of this definition for
4		non-referendum obligations, except obligations initially
5		issued pursuant to referendum and bonds described in
6		subsection (h) of this definition; (j) made for payments of
7		principal and interest on bonds issued under Section 15 of the
8		Local Government Debt Reform Act; (k) made for payments of
9		principal and interest on bonds authorized by Public Act
10		88-503 and issued under Section 20a of the Chicago Park
11		District Act for aquarium or museum projects and bonds issued
12		under Section 20a of the Chicago Park District Act for the
13		purpose of making contributions to the pension fund
14		established under Article 12 of the Illinois Pension Code; (l)
15		made for payments of principal and interest on bonds
16		authorized by Public Act 87-1191 or 93-601 and (i) issued
17		pursuant to Section 21.2 of the Cook County Forest Preserve
18		District Act, (ii) issued under Section 42 of the Cook County
19		Forest Preserve District Act for zoological park projects, or
20		(iii) issued under Section 44.1 of the Cook County Forest
21		Preserve District Act for botanical gardens projects; (m) made
22		pursuant to Section 34-53.5 of the School Code, whether levied
23		annually or not; (n) made to fund expenses of providing joint
24		recreational programs for persons with disabilities under
25		Section 5-8 of the Park District Code or Section 11-95-14 of
26		the Illinois Municipal Code; (o) made by the Chicago Park

HB5501 Engrossed - 606 - LRB102 24698 AMC 33937 b
1		District for recreational programs for persons with
2		disabilities under subsection (c) of Section 7.06 of the
3		Chicago Park District Act; (p) made for contributions to a
4		firefighter's pension fund created under Article 4 of the
5		Illinois Pension Code, to the extent of the amount certified
6		under item (5) of Section 4-134 of the Illinois Pension Code;
7		(q) made by Ford Heights School District 169 under Section
8		17-9.02 of the School Code; and (r) made for the purpose of
9		making employer contributions to the Public School Teachers'
10		Pension and Retirement Fund of Chicago under Section 34-53 of
11		the School Code.
12		"Aggregate extension" for all taxing districts to which
13		this Law applies in accordance with Section 18-213, except for
14		those taxing districts subject to paragraph (2) of subsection
15		(e) of Section 18-213, means the annual corporate extension
16		for the taxing district and those special purpose extensions
17		that are made annually for the taxing district, excluding
18		special purpose extensions: (a) made for the taxing district
19		to pay interest or principal on general obligation bonds that
20		were approved by referendum; (b) made for any taxing district
21		to pay interest or principal on general obligation bonds
22		issued before the date on which the referendum making this Law
23		applicable to the taxing district is held; (c) made for any
24		taxing district to pay interest or principal on bonds issued
25		to refund or continue to refund those bonds issued before the
26		date on which the referendum making this Law applicable to the

HB5501 Engrossed - 607 - LRB102 24698 AMC 33937 b
1		taxing district is held; (d) made for any taxing district to
2		pay interest or principal on bonds issued to refund or
3		continue to refund bonds issued after the date on which the
4		referendum making this Law applicable to the taxing district
5		is held if the bonds were approved by referendum after the date
6		on which the referendum making this Law applicable to the
7		taxing district is held; (e) made for any taxing district to
8		pay interest or principal on revenue bonds issued before the
9		date on which the referendum making this Law applicable to the
10		taxing district is held for payment of which a property tax
11		levy or the full faith and credit of the unit of local
12		government is pledged; however, a tax for the payment of
13		interest or principal on those bonds shall be made only after
14		the governing body of the unit of local government finds that
15		all other sources for payment are insufficient to make those
16		payments; (f) made for payments under a building commission
17		lease when the lease payments are for the retirement of bonds
18		issued by the commission before the date on which the
19		referendum making this Law applicable to the taxing district
20		is held to pay for the building project; (g) made for payments
21		due under installment contracts entered into before the date
22		on which the referendum making this Law applicable to the
23		taxing district is held; (h) made for payments of principal
24		and interest on limited bonds, as defined in Section 3 of the
25		Local Government Debt Reform Act, in an amount not to exceed
26		the debt service extension base less the amount in items (b),

HB5501 Engrossed - 608 - LRB102 24698 AMC 33937 b
1		(c), and (e) of this definition for non-referendum
2		obligations, except obligations initially issued pursuant to
3		referendum; (i) made for payments of principal and interest on
4		bonds issued under Section 15 of the Local Government Debt
5		Reform Act; (j) made for a qualified airport authority to pay
6		interest or principal on general obligation bonds issued for
7		the purpose of paying obligations due under, or financing
8		airport facilities required to be acquired, constructed,
9		installed or equipped pursuant to, contracts entered into
10		before March 1, 1996 (but not including any amendments to such
11		a contract taking effect on or after that date); (k) made to
12		fund expenses of providing joint recreational programs for
13		persons with disabilities under Section 5-8 of the Park
14		District Code or Section 11-95-14 of the Illinois Municipal
15		Code; (l) made for contributions to a firefighter's pension
16		fund created under Article 4 of the Illinois Pension Code, to
17		the extent of the amount certified under item (5) of Section
18		4-134 of the Illinois Pension Code; and (m) made for the taxing
19		district to pay interest or principal on general obligation
20		bonds issued pursuant to Section 19-3.10 of the School Code.
21		"Aggregate extension" for all taxing districts to which
22		this Law applies in accordance with paragraph (2) of
23		subsection (e) of Section 18-213 means the annual corporate
24		extension for the taxing district and those special purpose
25		extensions that are made annually for the taxing district,
26		excluding special purpose extensions: (a) made for the taxing

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1		district to pay interest or principal on general obligation
2		bonds that were approved by referendum; (b) made for any
3		taxing district to pay interest or principal on general
4		obligation bonds issued before March 7, 1997 (the effective
5		date of Public Act 89-718); (c) made for any taxing district to
6		pay interest or principal on bonds issued to refund or
7		continue to refund those bonds issued before March 7, 1997
8		(the effective date of Public Act 89-718); (d) made for any
9		taxing district to pay interest or principal on bonds issued
10		to refund or continue to refund bonds issued after March 7,
11		1997 (the effective date of Public Act 89-718) if the bonds
12		were approved by referendum after March 7, 1997 (the effective
13		date of Public Act 89-718); (e) made for any taxing district to
14		pay interest or principal on revenue bonds issued before March
15		7, 1997 (the effective date of Public Act 89-718) for payment
16		of which a property tax levy or the full faith and credit of
17		the unit of local government is pledged; however, a tax for the
18		payment of interest or principal on those bonds shall be made
19		only after the governing body of the unit of local government
20		finds that all other sources for payment are insufficient to
21		make those payments; (f) made for payments under a building
22		commission lease when the lease payments are for the
23		retirement of bonds issued by the commission before March 7,
24		1997 (the effective date of Public Act 89-718) to pay for the
25		building project; (g) made for payments due under installment
26		contracts entered into before March 7, 1997 (the effective

HB5501 Engrossed - 610 - LRB102 24698 AMC 33937 b
1		date of Public Act 89-718); (h) made for payments of principal
2		and interest on limited bonds, as defined in Section 3 of the
3		Local Government Debt Reform Act, in an amount not to exceed
4		the debt service extension base less the amount in items (b),
5		(c), and (e) of this definition for non-referendum
6		obligations, except obligations initially issued pursuant to
7		referendum; (i) made for payments of principal and interest on
8		bonds issued under Section 15 of the Local Government Debt
9		Reform Act; (j) made for a qualified airport authority to pay
10		interest or principal on general obligation bonds issued for
11		the purpose of paying obligations due under, or financing
12		airport facilities required to be acquired, constructed,
13		installed or equipped pursuant to, contracts entered into
14		before March 1, 1996 (but not including any amendments to such
15		a contract taking effect on or after that date); (k) made to
16		fund expenses of providing joint recreational programs for
17		persons with disabilities under Section 5-8 of the Park
18		District Code or Section 11-95-14 of the Illinois Municipal
19		Code; and (l) made for contributions to a firefighter's
20		pension fund created under Article 4 of the Illinois Pension
21		Code, to the extent of the amount certified under item (5) of
22		Section 4-134 of the Illinois Pension Code.
23		"Debt service extension base" means an amount equal to
24		that portion of the extension for a taxing district for the
25		1994 levy year, or for those taxing districts subject to this
26		Law in accordance with Section 18-213, except for those

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1		subject to paragraph (2) of subsection (e) of Section 18-213,
2		for the levy year in which the referendum making this Law
3		applicable to the taxing district is held, or for those taxing
4		districts subject to this Law in accordance with paragraph (2)
5		of subsection (e) of Section 18-213 for the 1996 levy year,
6		constituting an extension for payment of principal and
7		interest on bonds issued by the taxing district without
8		referendum, but not including excluded non-referendum bonds.
9		For park districts (i) that were first subject to this Law in
10		1991 or 1995 and (ii) whose extension for the 1994 levy year
11		for the payment of principal and interest on bonds issued by
12		the park district without referendum (but not including
13		excluded non-referendum bonds) was less than 51% of the amount
14		for the 1991 levy year constituting an extension for payment
15		of principal and interest on bonds issued by the park district
16		without referendum (but not including excluded non-referendum
17		bonds), "debt service extension base" means an amount equal to
18		that portion of the extension for the 1991 levy year
19		constituting an extension for payment of principal and
20		interest on bonds issued by the park district without
21		referendum (but not including excluded non-referendum bonds).
22		A debt service extension base established or increased at any
23		time pursuant to any provision of this Law, except Section
24		18-212, shall be increased each year commencing with the later
25		of (i) the 2009 levy year or (ii) the first levy year in which
26		this Law becomes applicable to the taxing district, by the

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1		lesser of 5% or the percentage increase in the Consumer Price
2		Index during the 12-month calendar year preceding the levy
3		year. The debt service extension base may be established or
4		increased as provided under Section 18-212. "Excluded
5		non-referendum bonds" means (i) bonds authorized by Public Act
6		88-503 and issued under Section 20a of the Chicago Park
7		District Act for aquarium and museum projects; (ii) bonds
8		issued under Section 15 of the Local Government Debt Reform
9		Act; or (iii) refunding obligations issued to refund or to
10		continue to refund obligations initially issued pursuant to
11		referendum.
12		"Special purpose extensions" include, but are not limited
13		to, extensions for levies made on an annual basis for
14		unemployment and workers' compensation, self-insurance,
15		contributions to pension plans, and extensions made pursuant
16		to Section 6-601 of the Illinois Highway Code for a road
17		district's permanent road fund whether levied annually or not.
18		The extension for a special service area is not included in the
19		aggregate extension.
20		"Aggregate extension base" means the taxing district's
21		last preceding aggregate extension as adjusted under Sections
22		18-135, 18-215, 18-230, 18-206, and 18-233. An adjustment
23		under Section 18-135 shall be made for the 2007 levy year and
24		all subsequent levy years whenever one or more counties within
25		which a taxing district is located (i) used estimated
26		valuations or rates when extending taxes in the taxing

HB5501 Engrossed - 613 - LRB102 24698 AMC 33937 b
1		district for the last preceding levy year that resulted in the
2		over or under extension of taxes, or (ii) increased or
3		decreased the tax extension for the last preceding levy year
4		as required by Section 18-135(c). Whenever an adjustment is
5		required under Section 18-135, the aggregate extension base of
6		the taxing district shall be equal to the amount that the
7		aggregate extension of the taxing district would have been for
8		the last preceding levy year if either or both (i) actual,
9		rather than estimated, valuations or rates had been used to
10		calculate the extension of taxes for the last levy year, or
11		(ii) the tax extension for the last preceding levy year had not
12		been adjusted as required by subsection (c) of Section 18-135.
13		Notwithstanding any other provision of law, for levy year
14		2012, the aggregate extension base for West Northfield School
15		District No. 31 in Cook County shall be $12,654,592.
16		Notwithstanding any other provision of law, for levy year
17		2022, the aggregate extension base of a home equity assurance
18		program that levied at least $1,000,000 in property taxes in
19		levy year 2019 or 2020 under the Home Equity Assurance Act
20		shall be the amount that the program's aggregate extension
21		base for levy year 2021 would have been if the program had
22		levied a property tax for levy year 2021.
23		"Levy year" has the same meaning as "year" under Section
24		1-155.
25		"New property" means (i) the assessed value, after final
26		board of review or board of appeals action, of new

HB5501 Engrossed - 614 - LRB102 24698 AMC 33937 b
1		improvements or additions to existing improvements on any
2		parcel of real property that increase the assessed value of
3		that real property during the levy year multiplied by the
4		equalization factor issued by the Department under Section
5		17-30, (ii) the assessed value, after final board of review or
6		board of appeals action, of real property not exempt from real
7		estate taxation, which real property was exempt from real
8		estate taxation for any portion of the immediately preceding
9		levy year, multiplied by the equalization factor issued by the
10		Department under Section 17-30, including the assessed value,
11		upon final stabilization of occupancy after new construction
12		is complete, of any real property located within the
13		boundaries of an otherwise or previously exempt military
14		reservation that is intended for residential use and owned by
15		or leased to a private corporation or other entity, (iii) in
16		counties that classify in accordance with Section 4 of Article
17		IX of the Illinois Constitution, an incentive property's
18		additional assessed value resulting from a scheduled increase
19		in the level of assessment as applied to the first year final
20		board of review market value, and (iv) any increase in
21		assessed value due to oil or gas production from an oil or gas
22		well required to be permitted under the Hydraulic Fracturing
23		Regulatory Act that was not produced in or accounted for
24		during the previous levy year. In addition, the county clerk
25		in a county containing a population of 3,000,000 or more shall
26		include in the 1997 recovered tax increment value for any

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1		school district, any recovered tax increment value that was
2		applicable to the 1995 tax year calculations.
3		"Qualified airport authority" means an airport authority
4		organized under the Airport Authorities Act and located in a
5		county bordering on the State of Wisconsin and having a
6		population in excess of 200,000 and not greater than 500,000.
7		"Recovered tax increment value" means, except as otherwise
8		provided in this paragraph, the amount of the current year's
9		equalized assessed value, in the first year after a
10		municipality terminates the designation of an area as a
11		redevelopment project area previously established under the
12		Tax Increment Allocation Redevelopment Act in the Illinois
13		Municipal Code, previously established under the Industrial
14		Jobs Recovery Law in the Illinois Municipal Code, previously
15		established under the Economic Development Project Area Tax
16		Increment Act of 1995, or previously established under the
17		Economic Development Area Tax Increment Allocation Act, of
18		each taxable lot, block, tract, or parcel of real property in
19		the redevelopment project area over and above the initial
20		equalized assessed value of each property in the redevelopment
21		project area. For the taxes which are extended for the 1997
22		levy year, the recovered tax increment value for a non-home
23		rule taxing district that first became subject to this Law for
24		the 1995 levy year because a majority of its 1994 equalized
25		assessed value was in an affected county or counties shall be
26		increased if a municipality terminated the designation of an

HB5501 Engrossed - 616 - LRB102 24698 AMC 33937 b
1		area in 1993 as a redevelopment project area previously
2		established under the Tax Increment Allocation Redevelopment
3		Act in the Illinois Municipal Code, previously established
4		under the Industrial Jobs Recovery Law in the Illinois
5		Municipal Code, or previously established under the Economic
6		Development Area Tax Increment Allocation Act, by an amount
7		equal to the 1994 equalized assessed value of each taxable
8		lot, block, tract, or parcel of real property in the
9		redevelopment project area over and above the initial
10		equalized assessed value of each property in the redevelopment
11		project area. In the first year after a municipality removes a
12		taxable lot, block, tract, or parcel of real property from a
13		redevelopment project area established under the Tax Increment
14		Allocation Redevelopment Act in the Illinois Municipal Code,
15		the Industrial Jobs Recovery Law in the Illinois Municipal
16		Code, or the Economic Development Area Tax Increment
17		Allocation Act, "recovered tax increment value" means the
18		amount of the current year's equalized assessed value of each
19		taxable lot, block, tract, or parcel of real property removed
20		from the redevelopment project area over and above the initial
21		equalized assessed value of that real property before removal
22		from the redevelopment project area.
23		Except as otherwise provided in this Section, "limiting
24		rate" means a fraction the numerator of which is the last
25		preceding aggregate extension base times an amount equal to
26		one plus the extension limitation defined in this Section and

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1		the denominator of which is the current year's equalized
2		assessed value of all real property in the territory under the
3		jurisdiction of the taxing district during the prior levy
4		year. For those taxing districts that reduced their aggregate
5		extension for the last preceding levy year, except for school
6		districts that reduced their extension for educational
7		purposes pursuant to Section 18-206, the highest aggregate
8		extension in any of the last 3 preceding levy years shall be
9		used for the purpose of computing the limiting rate. The
10		denominator shall not include new property or the recovered
11		tax increment value. If a new rate, a rate decrease, or a
12		limiting rate increase has been approved at an election held
13		after March 21, 2006, then (i) the otherwise applicable
14		limiting rate shall be increased by the amount of the new rate
15		or shall be reduced by the amount of the rate decrease, as the
16		case may be, or (ii) in the case of a limiting rate increase,
17		the limiting rate shall be equal to the rate set forth in the
18		proposition approved by the voters for each of the years
19		specified in the proposition, after which the limiting rate of
20		the taxing district shall be calculated as otherwise provided.
21		In the case of a taxing district that obtained referendum
22		approval for an increased limiting rate on March 20, 2012, the
23		limiting rate for tax year 2012 shall be the rate that
24		generates the approximate total amount of taxes extendable for
25		that tax year, as set forth in the proposition approved by the
26		voters; this rate shall be the final rate applied by the county

HB5501 Engrossed - 618 - LRB102 24698 AMC 33937 b
1		clerk for the aggregate of all capped funds of the district for
2		tax year 2012.
3		(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
4		102-519, eff. 8-20-21; 102-558, eff. 8-20-21; revised
5		10-5-21.)
6		(35 ILCS 200/21-260)
7		Sec. 21-260. Collector's scavenger sale. Upon the county
8		collector's application under Section 21-145, to be known as
9		the Scavenger Sale Application, the Court shall enter judgment
10		for the general taxes, special taxes, special assessments,
11		interest, penalties and costs as are included in the
12		advertisement and appear to be due thereon after allowing an
13		opportunity to object and a hearing upon the objections as
14		provided in Section 21-175, and order those properties sold by
15		the County Collector at public sale, or by electronic
16		automated sale if the collector chooses to conduct an
17		electronic automated sale pursuant to Section 21-261, to the
18		highest bidder for cash, notwithstanding the bid may be less
19		than the full amount of taxes, special taxes, special
20		assessments, interest, penalties and costs for which judgment
21		has been entered.
22		(a) Conducting the sale; bidding sale - Bidding. All
23		properties shall be offered for sale in consecutive order as
24		they appear in the delinquent list. The minimum bid for any
25		property shall be $250 or one-half of the tax if the total

HB5501 Engrossed - 619 - LRB102 24698 AMC 33937 b
1		liability is less than $500. For in-person scavenger sales,
2		the successful bidder shall pay the amount of the minimum bid
3		to the County Collector by the end of the business day on which
4		the bid was placed. That amount shall be paid in cash, by
5		certified or cashier's check, by money order, or, if the
6		successful bidder is a governmental unit, by a check issued by
7		that governmental unit. For electronic automated scavenger
8		sales, the successful bidder shall pay the minimum bid amount
9		by the close of the business day on which the bid was placed.
10		That amount shall be paid online via ACH debit or by the
11		electronic payment method required by the county collector.
12		For in-person scavenger sales, if the bid exceeds the minimum
13		bid, the successful bidder shall pay the balance of the bid to
14		the county collector in cash, by certified or cashier's check,
15		by money order, or, if the successful bidder is a governmental
16		unit, by a check issued by that governmental unit by the close
17		of the next business day. For electronic automated scavenger
18		sales, the successful bidder shall pay, by the close of the
19		next business day, the balance of the bid online via ACH debit
20		or by the electronic payment method required by the county
21		collector. If the minimum bid is not paid at the time of sale
22		or if the balance is not paid by the close of the next business
23		day, then the sale is void and the minimum bid, if paid, is
24		forfeited to the county general fund. In that event, the
25		property shall be reoffered for sale within 30 days of the last
26		offering of property in regular order. The collector shall

HB5501 Engrossed - 620 - LRB102 24698 AMC 33937 b
1		make available to the public a list of all properties to be
2		included in any reoffering due to the voiding of the original
3		sale. The collector is not required to serve or publish any
4		other notice of the reoffering of those properties. In the
5		event that any of the properties are not sold upon reoffering,
6		or are sold for less than the amount of the original voided
7		sale, the original bidder who failed to pay the bid amount
8		shall remain liable for the unpaid balance of the bid in an
9		action under Section 21-240. Liability shall not be reduced
10		where the bidder upon reoffering also fails to pay the bid
11		amount, and in that event both bidders shall remain liable for
12		the unpaid balance of their respective bids. A sale of
13		properties under this Section shall not be final until
14		confirmed by the court.
15		(b) Confirmation of sales. The county collector shall file
16		his or her report of sale in the court within 30 days of the
17		date of sale of each property. No notice of the county
18		collector's application to confirm the sales shall be required
19		except as prescribed by rule of the court. Upon confirmation,
20		except in cases where the sale becomes void under Section
21		22-85, or in cases where the order of confirmation is vacated
22		by the court, a sale under this Section shall extinguish the in
23		rem lien of the general taxes, special taxes and special
24		assessments for which judgment has been entered and a
25		redemption shall not revive the lien. Confirmation of the sale
26		shall in no event affect the owner's personal liability to pay

HB5501 Engrossed - 621 - LRB102 24698 AMC 33937 b
1		the taxes, interest and penalties as provided in this Code or
2		prevent institution of a proceeding under Section 21-440 to
3		collect any amount that may remain due after the sale.
4		(c) Issuance of tax sale certificates. Upon confirmation
5		of the sale, the County Clerk and the County Collector shall
6		issue to the purchaser a certificate of purchase in the form
7		prescribed by Section 21-250 as near as may be. A certificate
8		of purchase shall not be issued to any person who is ineligible
9		to bid at the sale or to receive a certificate of purchase
10		under Section 21-265.
11		(d) Scavenger Tax Judgment, Sale and Redemption Record;
12		sale Record - Sale of parcels not sold. The county collector
13		shall prepare a Scavenger Tax Judgment, Sale and Redemption
14		Record. The county clerk shall write or stamp on the scavenger
15		tax judgment, sale, forfeiture and redemption record opposite
16		the description of any property offered for sale and not sold,
17		or not confirmed for any reason, the words "offered but not
18		sold". The properties which are offered for sale under this
19		Section and not sold or not confirmed shall be offered for sale
20		annually thereafter in the manner provided in this Section
21		until sold, except in the case of mineral rights, which after
22		10 consecutive years of being offered for sale under this
23		Section and not sold or confirmed shall no longer be required
24		to be offered for sale. At any time between annual sales the
25		County Collector may advertise for sale any properties subject
26		to sale under judgments for sale previously entered under this

HB5501 Engrossed - 622 - LRB102 24698 AMC 33937 b
1		Section and not executed for any reason. The advertisement and
2		sale shall be regulated by the provisions of this Code as far
3		as applicable.
4		(e) Proceeding to tax deed. The owner of the certificate
5		of purchase shall give notice as required by Sections 22-5
6		through 22-30, and may extend the period of redemption as
7		provided by Section 21-385. At any time within 6 months prior
8		to expiration of the period of redemption from a sale under
9		this Code, the owner of a certificate of purchase may file a
10		petition and may obtain a tax deed under Sections 22-30
11		through 22-55. Within 30 days from filing of the petition, the
12		owner of a certificate must file with the county clerk the
13		names and addresses of the owners of the property and those
14		persons entitled to service of notice at their last known
15		addresses. The clerk shall mail notice within 30 days from the
16		date of the filing of addresses with the clerk. All
17		proceedings for the issuance of a tax deed and all tax deeds
18		for properties sold under this Section shall be subject to
19		Sections 22-30 through 22-55. Deeds issued under this Section
20		are subject to Section 22-70. This Section shall be liberally
21		construed so that the deeds provided for in this Section
22		convey merchantable title.
23		(f) Redemptions from scavenger sales. Redemptions may be
24		made from sales under this Section in the same manner and upon
25		the same terms and conditions as redemptions from sales made
26		under the County Collector's annual application for judgment

HB5501 Engrossed - 623 - LRB102 24698 AMC 33937 b
1		and order of sale, except that in lieu of penalty the person
2		redeeming shall pay interest as follows if the sale occurs
3		before September 9, 1993:
4		(1) If redeemed within the first 2 months from the
5		date of the sale, 3% per month or portion thereof upon the
6		amount for which the property was sold;
7		(2) If redeemed between 2 and 6 months from the date of
8		the sale, 12% of the amount for which the property was
9		sold;
10		(3) If redeemed between 6 and 12 months from the date
11		of the sale, 24% of the amount for which the property was
12		sold;
13		(4) If redeemed between 12 and 18 months from the date
14		of the sale, 36% of the amount for which the property was
15		sold;
16		(5) If redeemed between 18 and 24 months from the date
17		of the sale, 48% of the amount for which the property was
18		sold;
19		(6) If redeemed after 24 months from the date of sale,
20		the 48% herein provided together with interest at 6% per
21		year thereafter.
22		If the sale occurs on or after September 9, 1993, the
23		person redeeming shall pay interest on that part of the amount
24		for which the property was sold equal to or less than the full
25		amount of delinquent taxes, special assessments, penalties,
26		interest, and costs, included in the judgment and order of

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1		sale as follows:
2		(1) If redeemed within the first 2 months from the
3		date of the sale, 3% per month upon the amount of taxes,
4		special assessments, penalties, interest, and costs due
5		for each of the first 2 months, or fraction thereof.
6		(2) If redeemed at any time between 2 and 6 months from
7		the date of the sale, 12% of the amount of taxes, special
8		assessments, penalties, interest, and costs due.
9		(3) If redeemed at any time between 6 and 12 months
10		from the date of the sale, 24% of the amount of taxes,
11		special assessments, penalties, interest, and costs due.
12		(4) If redeemed at any time between 12 and 18 months
13		from the date of the sale, 36% of the amount of taxes,
14		special assessments, penalties, interest, and costs due.
15		(5) If redeemed at any time between 18 and 24 months
16		from the date of the sale, 48% of the amount of taxes,
17		special assessments, penalties, interest, and costs due.
18		(6) If redeemed after 24 months from the date of sale,
19		the 48% provided for the 24 months together with interest
20		at 6% per annum thereafter on the amount of taxes, special
21		assessments, penalties, interest, and costs due.
22		The person redeeming shall not be required to pay any
23		interest on any part of the amount for which the property was
24		sold that exceeds the full amount of delinquent taxes, special
25		assessments, penalties, interest, and costs included in the
26		judgment and order of sale.

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1		Notwithstanding any other provision of this Section,
2		except for owner-occupied single family residential units
3		which are condominium units, cooperative units or dwellings,
4		the amount required to be paid for redemption shall also
5		include an amount equal to all delinquent taxes on the
6		property which taxes were delinquent at the time of sale. The
7		delinquent taxes shall be apportioned by the county collector
8		among the taxing districts in which the property is situated
9		in accordance with law. In the event that all moneys received
10		from any sale held under this Section exceed an amount equal to
11		all delinquent taxes on the property sold, which taxes were
12		delinquent at the time of sale, together with all publication
13		and other costs associated with the sale, then, upon
14		redemption, the County Collector and the County Clerk shall
15		apply the excess amount to the cost of redemption.
16		(g) Bidding by county or other taxing districts. Any
17		taxing district may bid at a scavenger sale. The county board
18		of the county in which properties offered for sale under this
19		Section are located may bid as trustee for all taxing
20		districts having an interest in the taxes for the nonpayment
21		of which the parcels are offered. The County shall apply on the
22		bid the unpaid taxes due upon the property and no cash need be
23		paid. The County or other taxing district acquiring a tax sale
24		certificate shall take all steps necessary to acquire title to
25		the property and may manage and operate the property so
26		acquired.

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1		When a county, or other taxing district within the county,
2		is a petitioner for a tax deed, no filing fee shall be required
3		on the petition. The county as a tax creditor and as trustee
4		for other tax creditors, or other taxing district within the
5		county shall not be required to allege and prove that all taxes
6		and special assessments which become due and payable after the
7		sale to the county have been paid. The county shall not be
8		required to pay the subsequently accruing taxes or special
9		assessments at any time. Upon the written request of the
10		county board or its designee, the county collector shall not
11		offer the property for sale at any tax sale subsequent to the
12		sale of the property to the county under this Section. The lien
13		of taxes and special assessments which become due and payable
14		after a sale to a county shall merge in the fee title of the
15		county, or other taxing district, on the issuance of a deed.
16		The County may sell the properties so acquired, or the
17		certificate of purchase thereto, and the proceeds of the sale
18		shall be distributed to the taxing districts in proportion to
19		their respective interests therein. The presiding officer of
20		the county board, with the advice and consent of the County
21		Board, may appoint some officer or person to attend scavenger
22		sales and bid on its behalf.
23		(h) Miscellaneous provisions. In the event that the tract
24		of land or lot sold at any such sale is not redeemed within the
25		time permitted by law and a tax deed is issued, all moneys that
26		may be received from the sale of properties in excess of the

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1		delinquent taxes, together with all publication and other
2		costs associated with the sale, shall, upon petition of any
3		interested party to the court that issued the tax deed, be
4		distributed by the County Collector pursuant to order of the
5		court among the persons having legal or equitable interests in
6		the property according to the fair value of their interests in
7		the tract or lot. Section 21-415 does not apply to properties
8		sold under this Section. Appeals may be taken from the orders
9		and judgments entered under this Section as in other civil
10		cases. The remedy herein provided is in addition to other
11		remedies for the collection of delinquent taxes.
12		(i) The changes to this Section made by Public Act 95-477
13		this amendatory Act of the 95th General Assembly apply only to
14		matters in which a petition for tax deed is filed on or after
15		June 1, 2008 (the effective date of Public Act 95-477) this
16		amendatory Act of the 95th General Assembly.
17		(Source: P.A. 102-519, eff. 8-20-21; 102-528, eff. 1-1-22;
18		revised 10-18-21.)
19		(35 ILCS 200/22-10)
20		Sec. 22-10. Notice of expiration of period of redemption.
21		A purchaser or assignee shall not be entitled to a tax deed to
22		the property sold unless, not less than 3 months nor more than
23		6 months prior to the expiration of the period of redemption,
24		he or she gives notice of the sale and the date of expiration
25		of the period of redemption to the owners, occupants, and

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1		parties interested in the property, including any mortgagee of
2		record, as provided below. The clerk must mail notice in
3		accordance with the provisions of subsection (e) of Section
4		21-260.
5		The Notice to be given to the parties shall be in at least
6		10 point type in the following form completely filled in:
7		TAX DEED NO. .................... FILED ....................
8		TAKE NOTICE
9		County of ...............................................
10		Date Premises Sold ......................................
11		Certificate No. ........................................
12		Sold for General Taxes of (year) ........................
13		Sold for Special Assessment of (Municipality)
14		and special assessment number ...........................
15		Warrant No. ................ Inst. No. .................
16		THIS PROPERTY HAS BEEN SOLD FOR
17		DELINQUENT TAXES
18		Property located at .........................................
19		Legal Description or Property Index No. .....................
20		.............................................................
21		.............................................................
22		This notice is to advise you that the above property has
23		been sold for delinquent taxes and that the period of
24		redemption from the sale will expire on .....................
25		.............................................................
26		The amount to redeem is subject to increase at 6 month

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1		intervals from the date of sale and may be further increased if
2		the purchaser at the tax sale or his or her assignee pays any
3		subsequently accruing taxes or special assessments to redeem
4		the property from subsequent forfeitures or tax sales. Check
5		with the county clerk as to the exact amount you owe before
6		redeeming.
7		This notice is also to advise you that a petition has been
8		filed for a tax deed which will transfer title and the right to
9		possession of this property if redemption is not made on or
10		before ......................................................
11		This matter is set for hearing in the Circuit Court of this
12		county in ...., Illinois on .....
13		You may be present at this hearing but your right to redeem
14		will already have expired at that time.
15		YOU ARE URGED TO REDEEM IMMEDIATELY
16		TO PREVENT LOSS OF PROPERTY
17		Redemption can be made at any time on or before .... by
18		applying to the County Clerk of ...., County, Illinois at the
19		Office of the County Clerk in ...., Illinois.
20		For further information contact the County Clerk
21		ADDRESS:....................
22		TELEPHONE:..................
23		..........................
24		Purchaser or Assignee.
25		Dated (insert date).

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1		In counties with 3,000,000 or more inhabitants, the notice
2		shall also state the address, room number and time at which the
3		matter is set for hearing.
4		The changes to this Section made by Public Act 97-557 this
5		amendatory Act of the 97th General Assembly apply only to
6		matters in which a petition for tax deed is filed on or after
7		July 1, 2012 (the effective date of Public Act 97-557) this
8		amendatory Act of the 97th General Assembly.
9		(Source: P.A. 102-528, eff. 1-1-22; revised 12-7-21.)
10		Section 265. The Illinois Pension Code is amended by
11		changing Sections 1-160, 7-109, 7-141, 14-103.42, 14-110,
12		16-158, and 16-203 as follows:
13		(40 ILCS 5/1-160)
14		Sec. 1-160. Provisions applicable to new hires.
15		(a) The provisions of this Section apply to a person who,
16		on or after January 1, 2011, first becomes a member or a
17		participant under any reciprocal retirement system or pension
18		fund established under this Code, other than a retirement
19		system or pension fund established under Article 2, 3, 4, 5, 6,
20		7, 15, or 18 of this Code, notwithstanding any other provision
21		of this Code to the contrary, but do not apply to any
22		self-managed plan established under this Code or to any
23		participant of the retirement plan established under Section

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1		22-101; except that this Section applies to a person who
2		elected to establish alternative credits by electing in
3		writing after January 1, 2011, but before August 8, 2011,
4		under Section 7-145.1 of this Code. Notwithstanding anything
5		to the contrary in this Section, for purposes of this Section,
6		a person who is a Tier 1 regular employee as defined in Section
7		7-109.4 of this Code or who participated in a retirement
8		system under Article 15 prior to January 1, 2011 shall be
9		deemed a person who first became a member or participant prior
10		to January 1, 2011 under any retirement system or pension fund
11		subject to this Section. The changes made to this Section by
12		Public Act 98-596 are a clarification of existing law and are
13		intended to be retroactive to January 1, 2011 (the effective
14		date of Public Act 96-889), notwithstanding the provisions of
15		Section 1-103.1 of this Code.
16		This Section does not apply to a person who first becomes a
17		noncovered employee under Article 14 on or after the
18		implementation date of the plan created under Section 1-161
19		for that Article, unless that person elects under subsection
20		(b) of Section 1-161 to instead receive the benefits provided
21		under this Section and the applicable provisions of that
22		Article.
23		This Section does not apply to a person who first becomes a
24		member or participant under Article 16 on or after the
25		implementation date of the plan created under Section 1-161
26		for that Article, unless that person elects under subsection

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1		(b) of Section 1-161 to instead receive the benefits provided
2		under this Section and the applicable provisions of that
3		Article.
4		This Section does not apply to a person who elects under
5		subsection (c-5) of Section 1-161 to receive the benefits
6		under Section 1-161.
7		This Section does not apply to a person who first becomes a
8		member or participant of an affected pension fund on or after 6
9		months after the resolution or ordinance date, as defined in
10		Section 1-162, unless that person elects under subsection (c)
11		of Section 1-162 to receive the benefits provided under this
12		Section and the applicable provisions of the Article under
13		which he or she is a member or participant.
14		(b) "Final average salary" means, except as otherwise
15		provided in this subsection, the average monthly (or annual)
16		salary obtained by dividing the total salary or earnings
17		calculated under the Article applicable to the member or
18		participant during the 96 consecutive months (or 8 consecutive
19		years) of service within the last 120 months (or 10 years) of
20		service in which the total salary or earnings calculated under
21		the applicable Article was the highest by the number of months
22		(or years) of service in that period. For the purposes of a
23		person who first becomes a member or participant of any
24		retirement system or pension fund to which this Section
25		applies on or after January 1, 2011, in this Code, "final
26		average salary" shall be substituted for the following:

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1		(1) (Blank).
2		(2) In Articles 8, 9, 10, 11, and 12, "highest average
3		annual salary for any 4 consecutive years within the last
4		10 years of service immediately preceding the date of
5		withdrawal".
6		(3) In Article 13, "average final salary".
7		(4) In Article 14, "final average compensation".
8		(5) In Article 17, "average salary".
9		(6) In Section 22-207, "wages or salary received by
10		him at the date of retirement or discharge".
11		A member of the Teachers' Retirement System of the State
12		of Illinois who retires on or after June 1, 2021 and for whom
13		the 2020-2021 school year is used in the calculation of the
14		member's final average salary shall use the higher of the
15		following for the purpose of determining the member's final
16		average salary:
17		(A) the amount otherwise calculated under the first
18		paragraph of this subsection; or
19		(B) an amount calculated by the Teachers' Retirement
20		System of the State of Illinois using the average of the
21		monthly (or annual) salary obtained by dividing the total
22		salary or earnings calculated under Article 16 applicable
23		to the member or participant during the 96 months (or 8
24		years) of service within the last 120 months (or 10 years)
25		of service in which the total salary or earnings
26		calculated under the Article was the highest by the number

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1		of months (or years) of service in that period.
2		(b-5) Beginning on January 1, 2011, for all purposes under
3		this Code (including without limitation the calculation of
4		benefits and employee contributions), the annual earnings,
5		salary, or wages (based on the plan year) of a member or
6		participant to whom this Section applies shall not exceed
7		$106,800; however, that amount shall annually thereafter be
8		increased by the lesser of (i) 3% of that amount, including all
9		previous adjustments, or (ii) one-half the annual unadjusted
10		percentage increase (but not less than zero) in the consumer
11		price index-u for the 12 months ending with the September
12		preceding each November 1, including all previous adjustments.
13		For the purposes of this Section, "consumer price index-u"
14		means the index published by the Bureau of Labor Statistics of
15		the United States Department of Labor that measures the
16		average change in prices of goods and services purchased by
17		all urban consumers, United States city average, all items,
18		1982-84 = 100. The new amount resulting from each annual
19		adjustment shall be determined by the Public Pension Division
20		of the Department of Insurance and made available to the
21		boards of the retirement systems and pension funds by November
22		1 of each year.
23		(c) A member or participant is entitled to a retirement
24		annuity upon written application if he or she has attained age
25		67 (age 65, with respect to service under Article 12 that is
26		subject to this Section, for a member or participant under

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1		Article 12 who first becomes a member or participant under
2		Article 12 on or after January 1, 2022 or who makes the
3		election under item (i) of subsection (d-15) of this Section)
4		and has at least 10 years of service credit and is otherwise
5		eligible under the requirements of the applicable Article.
6		A member or participant who has attained age 62 (age 60,
7		with respect to service under Article 12 that is subject to
8		this Section, for a member or participant under Article 12 who
9		first becomes a member or participant under Article 12 on or
10		after January 1, 2022 or who makes the election under item (i)
11		of subsection (d-15) of this Section) and has at least 10 years
12		of service credit and is otherwise eligible under the
13		requirements of the applicable Article may elect to receive
14		the lower retirement annuity provided in subsection (d) of
15		this Section.
16		(c-5) A person who first becomes a member or a participant
17		subject to this Section on or after July 6, 2017 (the effective
18		date of Public Act 100-23), notwithstanding any other
19		provision of this Code to the contrary, is entitled to a
20		retirement annuity under Article 8 or Article 11 upon written
21		application if he or she has attained age 65 and has at least
22		10 years of service credit and is otherwise eligible under the
23		requirements of Article 8 or Article 11 of this Code,
24		whichever is applicable.
25		(d) The retirement annuity of a member or participant who
26		is retiring after attaining age 62 (age 60, with respect to

HB5501 Engrossed - 636 - LRB102 24698 AMC 33937 b
1		service under Article 12 that is subject to this Section, for a
2		member or participant under Article 12 who first becomes a
3		member or participant under Article 12 on or after January 1,
4		2022 or who makes the election under item (i) of subsection
5		(d-15) of this Section) with at least 10 years of service
6		credit shall be reduced by one-half of 1% for each full month
7		that the member's age is under age 67 (age 65, with respect to
8		service under Article 12 that is subject to this Section, for a
9		member or participant under Article 12 who first becomes a
10		member or participant under Article 12 on or after January 1,
11		2022 or who makes the election under item (i) of subsection
12		(d-15) of this Section).
13		(d-5) The retirement annuity payable under Article 8 or
14		Article 11 to an eligible person subject to subsection (c-5)
15		of this Section who is retiring at age 60 with at least 10
16		years of service credit shall be reduced by one-half of 1% for
17		each full month that the member's age is under age 65.
18		(d-10) Each person who first became a member or
19		participant under Article 8 or Article 11 of this Code on or
20		after January 1, 2011 and prior to July 6, 2017 (the effective
21		date of Public Act 100-23) this amendatory Act of the 100th
22		General Assembly shall make an irrevocable election either:
23		(i) to be eligible for the reduced retirement age
24		provided in subsections (c-5) and (d-5) of this Section,
25		the eligibility for which is conditioned upon the member
26		or participant agreeing to the increases in employee

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1		contributions for age and service annuities provided in
2		subsection (a-5) of Section 8-174 of this Code (for
3		service under Article 8) or subsection (a-5) of Section
4		11-170 of this Code (for service under Article 11); or
5		(ii) to not agree to item (i) of this subsection
6		(d-10), in which case the member or participant shall
7		continue to be subject to the retirement age provisions in
8		subsections (c) and (d) of this Section and the employee
9		contributions for age and service annuity as provided in
10		subsection (a) of Section 8-174 of this Code (for service
11		under Article 8) or subsection (a) of Section 11-170 of
12		this Code (for service under Article 11).
13		The election provided for in this subsection shall be made
14		between October 1, 2017 and November 15, 2017. A person
15		subject to this subsection who makes the required election
16		shall remain bound by that election. A person subject to this
17		subsection who fails for any reason to make the required
18		election within the time specified in this subsection shall be
19		deemed to have made the election under item (ii).
20		(d-15) Each person who first becomes a member or
21		participant under Article 12 on or after January 1, 2011 and
22		prior to January 1, 2022 shall make an irrevocable election
23		either:
24		(i) to be eligible for the reduced retirement age
25		specified in subsections (c) and (d) of this Section, the
26		eligibility for which is conditioned upon the member or

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1		participant agreeing to the increase in employee
2		contributions for service annuities specified in
3		subsection (b) of Section 12-150; or
4		(ii) to not agree to item (i) of this subsection
5		(d-15), in which case the member or participant shall not
6		be eligible for the reduced retirement age specified in
7		subsections (c) and (d) of this Section and shall not be
8		subject to the increase in employee contributions for
9		service annuities specified in subsection (b) of Section
10		12-150.
11		The election provided for in this subsection shall be made
12		between January 1, 2022 and April 1, 2022. A person subject to
13		this subsection who makes the required election shall remain
14		bound by that election. A person subject to this subsection
15		who fails for any reason to make the required election within
16		the time specified in this subsection shall be deemed to have
17		made the election under item (ii).
18		(e) Any retirement annuity or supplemental annuity shall
19		be subject to annual increases on the January 1 occurring
20		either on or after the attainment of age 67 (age 65, with
21		respect to service under Article 12 that is subject to this
22		Section, for a member or participant under Article 12 who
23		first becomes a member or participant under Article 12 on or
24		after January 1, 2022 or who makes the election under item (i)
25		of subsection (d-15); and beginning on July 6, 2017 (the
26		effective date of Public Act 100-23) this amendatory Act of

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1		the 100th General Assembly, age 65 with respect to service
2		under Article 8 or Article 11 for eligible persons who: (i) are
3		subject to subsection (c-5) of this Section; or (ii) made the
4		election under item (i) of subsection (d-10) of this Section)
5		or the first anniversary of the annuity start date, whichever
6		is later. Each annual increase shall be calculated at 3% or
7		one-half the annual unadjusted percentage increase (but not
8		less than zero) in the consumer price index-u for the 12 months
9		ending with the September preceding each November 1, whichever
10		is less, of the originally granted retirement annuity. If the
11		annual unadjusted percentage change in the consumer price
12		index-u for the 12 months ending with the September preceding
13		each November 1 is zero or there is a decrease, then the
14		annuity shall not be increased.
15		For the purposes of Section 1-103.1 of this Code, the
16		changes made to this Section by Public Act 102-263 this
17		amendatory Act of the 102nd General Assembly are applicable
18		without regard to whether the employee was in active service
19		on or after August 6, 2021 (the effective date of Public Act
20		102-263) this amendatory Act of the 102nd General Assembly.
21		For the purposes of Section 1-103.1 of this Code, the
22		changes made to this Section by Public Act 100-23 this
23		amendatory Act of the 100th General Assembly are applicable
24		without regard to whether the employee was in active service
25		on or after July 6, 2017 (the effective date of Public Act
26		100-23) this amendatory Act of the 100th General Assembly.

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1		(f) The initial survivor's or widow's annuity of an
2		otherwise eligible survivor or widow of a retired member or
3		participant who first became a member or participant on or
4		after January 1, 2011 shall be in the amount of 66 2/3% of the
5		retired member's or participant's retirement annuity at the
6		date of death. In the case of the death of a member or
7		participant who has not retired and who first became a member
8		or participant on or after January 1, 2011, eligibility for a
9		survivor's or widow's annuity shall be determined by the
10		applicable Article of this Code. The initial benefit shall be
11		66 2/3% of the earned annuity without a reduction due to age. A
12		child's annuity of an otherwise eligible child shall be in the
13		amount prescribed under each Article if applicable. Any
14		survivor's or widow's annuity shall be increased (1) on each
15		January 1 occurring on or after the commencement of the
16		annuity if the deceased member died while receiving a
17		retirement annuity or (2) in other cases, on each January 1
18		occurring after the first anniversary of the commencement of
19		the annuity. Each annual increase shall be calculated at 3% or
20		one-half the annual unadjusted percentage increase (but not
21		less than zero) in the consumer price index-u for the 12 months
22		ending with the September preceding each November 1, whichever
23		is less, of the originally granted survivor's annuity. If the
24		annual unadjusted percentage change in the consumer price
25		index-u for the 12 months ending with the September preceding
26		each November 1 is zero or there is a decrease, then the

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1		annuity shall not be increased.
2		(g) The benefits in Section 14-110 apply only if the
3		person is a State policeman, a fire fighter in the fire
4		protection service of a department, a conservation police
5		officer, an investigator for the Secretary of State, an arson
6		investigator, a Commerce Commission police officer,
7		investigator for the Department of Revenue or the Illinois
8		Gaming Board, a security employee of the Department of
9		Corrections or the Department of Juvenile Justice, or a
10		security employee of the Department of Innovation and
11		Technology, as those terms are defined in subsection (b) and
12		subsection (c) of Section 14-110. A person who meets the
13		requirements of this Section is entitled to an annuity
14		calculated under the provisions of Section 14-110, in lieu of
15		the regular or minimum retirement annuity, only if the person
16		has withdrawn from service with not less than 20 years of
17		eligible creditable service and has attained age 60,
18		regardless of whether the attainment of age 60 occurs while
19		the person is still in service.
20		(h) If a person who first becomes a member or a participant
21		of a retirement system or pension fund subject to this Section
22		on or after January 1, 2011 is receiving a retirement annuity
23		or retirement pension under that system or fund and becomes a
24		member or participant under any other system or fund created
25		by this Code and is employed on a full-time basis, except for
26		those members or participants exempted from the provisions of

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1		this Section under subsection (a) of this Section, then the
2		person's retirement annuity or retirement pension under that
3		system or fund shall be suspended during that employment. Upon
4		termination of that employment, the person's retirement
5		annuity or retirement pension payments shall resume and be
6		recalculated if recalculation is provided for under the
7		applicable Article of this Code.
8		If a person who first becomes a member of a retirement
9		system or pension fund subject to this Section on or after
10		January 1, 2012 and is receiving a retirement annuity or
11		retirement pension under that system or fund and accepts on a
12		contractual basis a position to provide services to a
13		governmental entity from which he or she has retired, then
14		that person's annuity or retirement pension earned as an
15		active employee of the employer shall be suspended during that
16		contractual service. A person receiving an annuity or
17		retirement pension under this Code shall notify the pension
18		fund or retirement system from which he or she is receiving an
19		annuity or retirement pension, as well as his or her
20		contractual employer, of his or her retirement status before
21		accepting contractual employment. A person who fails to submit
22		such notification shall be guilty of a Class A misdemeanor and
23		required to pay a fine of $1,000. Upon termination of that
24		contractual employment, the person's retirement annuity or
25		retirement pension payments shall resume and, if appropriate,
26		be recalculated under the applicable provisions of this Code.

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1		(i) (Blank).
2		(j) In the case of a conflict between the provisions of
3		this Section and any other provision of this Code, the
4		provisions of this Section shall control.
5		(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
6		102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
7		(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
8		Sec. 7-109. Employee.
9		(1) "Employee" means any person who:
10		(a) 1. Receives earnings as payment for the
11		performance of personal services or official duties out of
12		the general fund of a municipality, or out of any special
13		fund or funds controlled by a municipality, or by an
14		instrumentality thereof, or a participating
15		instrumentality, including, in counties, the fees or
16		earnings of any county fee office; and
17		2. Under the usual common law rules applicable in
18		determining the employer-employee relationship, has the
19		status of an employee with a municipality, or any
20		instrumentality thereof, or a participating
21		instrumentality, including alderpersons, county
22		supervisors and other persons (excepting those employed as
23		independent contractors) who are paid compensation, fees,
24		allowances or other emolument for official duties, and, in
25		counties, the several county fee offices.

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1		(b) Serves as a township treasurer appointed under the
2		School Code, as heretofore or hereafter amended, and who
3		receives for such services regular compensation as
4		distinguished from per diem compensation, and any regular
5		employee in the office of any township treasurer whether
6		or not his earnings are paid from the income of the
7		permanent township fund or from funds subject to
8		distribution to the several school districts and parts of
9		school districts as provided in the School Code, or from
10		both such sources; or is the chief executive officer,
11		chief educational officer, chief fiscal officer, or other
12		employee of a Financial Oversight Panel established
13		pursuant to Article 1H of the School Code, other than a
14		superintendent or certified school business official,
15		except that such person shall not be treated as an
16		employee under this Section if that person has negotiated
17		with the Financial Oversight Panel, in conjunction with
18		the school district, a contractual agreement for exclusion
19		from this Section.
20		(c) Holds an elective office in a municipality,
21		instrumentality thereof or participating instrumentality.
22		(2) "Employee" does not include persons who:
23		(a) Are eligible for inclusion under any of the
24		following laws:
25		1. "An Act in relation to an Illinois State
26		Teachers' Pension and Retirement Fund", approved May

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1		27, 1915, as amended;
2		2. Articles 15 and 16 of this Code.
3		However, such persons shall be included as employees
4		to the extent of earnings that are not eligible for
5		inclusion under the foregoing laws for services not of an
6		instructional nature of any kind.
7		However, any member of the armed forces who is
8		employed as a teacher of subjects in the Reserve Officers
9		Training Corps of any school and who is not certified
10		under the law governing the certification of teachers
11		shall be included as an employee.
12		(b) Are designated by the governing body of a
13		municipality in which a pension fund is required by law to
14		be established for policemen or firemen, respectively, as
15		performing police or fire protection duties, except that
16		when such persons are the heads of the police or fire
17		department and are not eligible to be included within any
18		such pension fund, they shall be included within this
19		Article; provided, that such persons shall not be excluded
20		to the extent of concurrent service and earnings not
21		designated as being for police or fire protection duties.
22		However, (i) any head of a police department who was a
23		participant under this Article immediately before October
24		1, 1977 and did not elect, under Section 3-109 of this Act,
25		to participate in a police pension fund shall be an
26		"employee", and (ii) any chief of police who became a

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1		participating employee under this Article before January
2		1, 2019 and who elects to participate in this Fund under
3		Section 3-109.1 of this Code, regardless of whether such
4		person continues to be employed as chief of police or is
5		employed in some other rank or capacity within the police
6		department, shall be an employee under this Article for so
7		long as such person is employed to perform police duties
8		by a participating municipality and has not lawfully
9		rescinded that election.
10		(b-5) Were not participating employees under this
11		Article before August 26, 2018 (the effective date of
12		Public Act 100-1097) this amendatory Act of the 100th
13		General Assembly and participated as a chief of police in
14		a fund under Article 3 and return to work in any capacity
15		with the police department, with any oversight of the
16		police department, or in an advisory capacity for the
17		police department with the same municipality with which
18		that pension was earned, regardless of whether they are
19		considered an employee of the police department or are
20		eligible for inclusion in the municipality's Article 3
21		fund.
22		(c) Are contributors to or eligible to contribute to a
23		Taft-Hartley pension plan to which the participating
24		municipality is required to contribute as the person's
25		employer based on earnings from the municipality. Nothing
26		in this paragraph shall affect service credit or

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1		creditable service for any period of service prior to July
2		16, 2014 (the effective date of Public Act 98-712) this
3		amendatory Act of the 98th General Assembly, and this
4		paragraph shall not apply to individuals who are
5		participating in the Fund prior to July 16, 2014 (the
6		effective date of Public Act 98-712) this amendatory Act
7		of the 98th General Assembly.
8		(d) Become an employee of any of the following
9		participating instrumentalities on or after January 1,
10		2017 (the effective date of Public Act 99-830) this
11		amendatory Act of the 99th General Assembly: the Illinois
12		Municipal League; the Illinois Association of Park
13		Districts; the Illinois Supervisors, County Commissioners
14		and Superintendents of Highways Association; an
15		association, or not-for-profit corporation, membership in
16		which is authorized under Section 85-15 of the Township
17		Code; the United Counties Council; or the Will County
18		Governmental League.
19		(e) Are members of the Board of Trustees of the
20		Firefighters' Pension Investment Fund, as created under
21		Article 22C of this Code, in their capacity as members of
22		the Board of Trustees of the Firefighters' Pension
23		Investment Fund.
24		(f) Are members of the Board of Trustees of the Police
25		Officers' Pension Investment Fund, as created under
26		Article 22B of this Code, in their capacity as members of

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1		the Board of Trustees of the Police Officers' Pension
2		Investment Fund.
3		(3) All persons, including, without limitation, public
4		defenders and probation officers, who receive earnings from
5		general or special funds of a county for performance of
6		personal services or official duties within the territorial
7		limits of the county, are employees of the county (unless
8		excluded by subsection (2) of this Section) notwithstanding
9		that they may be appointed by and are subject to the direction
10		of a person or persons other than a county board or a county
11		officer. It is hereby established that an employer-employee
12		relationship under the usual common law rules exists between
13		such employees and the county paying their salaries by reason
14		of the fact that the county boards fix their rates of
15		compensation, appropriate funds for payment of their earnings
16		and otherwise exercise control over them. This finding and
17		this amendatory Act shall apply to all such employees from the
18		date of appointment whether such date is prior to or after the
19		effective date of this amendatory Act and is intended to
20		clarify existing law pertaining to their status as
21		participating employees in the Fund.
22		(Source: P.A. 102-15, eff. 6-17-21; 102-637, eff. 8-27-21;
23		revised 10-5-21.)
24		(40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
25		Sec. 7-141. Retirement annuities; conditions. Retirement

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1		annuities shall be payable as hereinafter set forth:
2		(a) A participating employee who, regardless of cause, is
3		separated from the service of all participating municipalities
4		and instrumentalities thereof and participating
5		instrumentalities shall be entitled to a retirement annuity
6		provided:
7		1. He is at least age 55 if he is a Tier 1 regular
8		employee, he is age 62 if he is a Tier 2 regular employee,
9		or, in the case of a person who is eligible to have his
10		annuity calculated under Section 7-142.1, he is at least
11		age 50;
12		2. He is not entitled to receive earnings for
13		employment in a position requiring him, or entitling him
14		to elect, to be a participating employee;
15		3. The amount of his annuity, before the application
16		of paragraph (b) of Section 7-142 is at least $10 per
17		month;
18		4. If he first became a participating employee after
19		December 31, 1961 and is a Tier 1 regular employee, he has
20		at least 8 years of service, or, if he is a Tier 2 regular
21		member, he has at least 10 years of service. This service
22		requirement shall not apply to any participating employee,
23		regardless of participation date, if the General Assembly
24		terminates the Fund.
25		(b) Retirement annuities shall be payable:
26		1. As provided in Section 7-119;

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1		2. Except as provided in item 3, upon receipt by the
2		fund of a written application. The effective date may be
3		not more than one year prior to the date of the receipt by
4		the fund of the application;
5		3. Upon attainment of the required age of distribution
6		under Section 401(a)(9) of the Internal Revenue Code of
7		1986, as amended, if the member (i) is no longer in
8		service, and (ii) is otherwise entitled to an annuity
9		under this Article;
10		4. To the beneficiary of the deceased annuitant for
11		the unpaid amount accrued to date of death, if any.
12		(Source: P.A. 102-210, Article 5, Section 5-5, eff. 7-30-21;
13		102-210, Article 10, Section 10-5, eff. 1-1-22; revised
14		9-28-21.)
15		(40 ILCS 5/14-103.42)
16		Sec. 14-103.42. Licensed health care professional.
17		"Licensed health care professional": Any individual who has
18		obtained a license through the Department of Financial and
19		Professional Regulation under the Medical Practice Act of
20		1987, under the Physician Assistant Practice Act of 1987, or
21		under the Clinical Psychologist Licensing Act or an advanced
22		practice registered nurse licensed under the Nurse Practice
23		Act.
24		(Source: P.A. 101-54, eff. 7-12-19; revised 1-9-22.)

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1		(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
2		Sec. 14-110. Alternative retirement annuity.
3		(a) Any member who has withdrawn from service with not
4		less than 20 years of eligible creditable service and has
5		attained age 55, and any member who has withdrawn from service
6		with not less than 25 years of eligible creditable service and
7		has attained age 50, regardless of whether the attainment of
8		either of the specified ages occurs while the member is still
9		in service, shall be entitled to receive at the option of the
10		member, in lieu of the regular or minimum retirement annuity,
11		a retirement annuity computed as follows:
12		(i) for periods of service as a noncovered employee:
13		if retirement occurs on or after January 1, 2001, 3% of
14		final average compensation for each year of creditable
15		service; if retirement occurs before January 1, 2001, 2
16		1/4% of final average compensation for each of the first
17		10 years of creditable service, 2 1/2% for each year above
18		10 years to and including 20 years of creditable service,
19		and 2 3/4% for each year of creditable service above 20
20		years; and
21		(ii) for periods of eligible creditable service as a
22		covered employee: if retirement occurs on or after January
23		1, 2001, 2.5% of final average compensation for each year
24		of creditable service; if retirement occurs before January
25		1, 2001, 1.67% of final average compensation for each of
26		the first 10 years of such service, 1.90% for each of the

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1		next 10 years of such service, 2.10% for each year of such
2		service in excess of 20 but not exceeding 30, and 2.30% for
3		each year in excess of 30.
4		Such annuity shall be subject to a maximum of 75% of final
5		average compensation if retirement occurs before January 1,
6		2001 or to a maximum of 80% of final average compensation if
7		retirement occurs on or after January 1, 2001.
8		These rates shall not be applicable to any service
9		performed by a member as a covered employee which is not
10		eligible creditable service. Service as a covered employee
11		which is not eligible creditable service shall be subject to
12		the rates and provisions of Section 14-108.
13		(b) For the purpose of this Section, "eligible creditable
14		service" means creditable service resulting from service in
15		one or more of the following positions:
16		(1) State policeman;
17		(2) fire fighter in the fire protection service of a
18		department;
19		(3) air pilot;
20		(4) special agent;
21		(5) investigator for the Secretary of State;
22		(6) conservation police officer;
23		(7) investigator for the Department of Revenue or the
24		Illinois Gaming Board;
25		(8) security employee of the Department of Human
26		Services;

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1		(9) Central Management Services security police
2		officer;
3		(10) security employee of the Department of
4		Corrections or the Department of Juvenile Justice;
5		(11) dangerous drugs investigator;
6		(12) investigator for the Illinois State Police;
7		(13) investigator for the Office of the Attorney
8		General;
9		(14) controlled substance inspector;
10		(15) investigator for the Office of the State's
11		Attorneys Appellate Prosecutor;
12		(16) Commerce Commission police officer;
13		(17) arson investigator;
14		(18) State highway maintenance worker;
15		(19) security employee of the Department of Innovation
16		and Technology; or
17		(20) transferred employee.
18		A person employed in one of the positions specified in
19		this subsection is entitled to eligible creditable service for
20		service credit earned under this Article while undergoing the
21		basic police training course approved by the Illinois Law
22		Enforcement Training Standards Board, if completion of that
23		training is required of persons serving in that position. For
24		the purposes of this Code, service during the required basic
25		police training course shall be deemed performance of the
26		duties of the specified position, even though the person is

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1		not a sworn peace officer at the time of the training.
2		A person under paragraph (20) is entitled to eligible
3		creditable service for service credit earned under this
4		Article on and after his or her transfer by Executive Order No.
5		2003-10, Executive Order No. 2004-2, or Executive Order No.
6		2016-1.
7		(c) For the purposes of this Section:
8		(1) The term "State policeman" includes any title or
9		position in the Illinois State Police that is held by an
10		individual employed under the Illinois State Police Act.
11		(2) The term "fire fighter in the fire protection
12		service of a department" includes all officers in such
13		fire protection service including fire chiefs and
14		assistant fire chiefs.
15		(3) The term "air pilot" includes any employee whose
16		official job description on file in the Department of
17		Central Management Services, or in the department by which
18		he is employed if that department is not covered by the
19		Personnel Code, states that his principal duty is the
20		operation of aircraft, and who possesses a pilot's
21		license; however, the change in this definition made by
22		Public Act 83-842 this amendatory Act of 1983 shall not
23		operate to exclude any noncovered employee who was an "air
24		pilot" for the purposes of this Section on January 1,
25		1984.
26		(4) The term "special agent" means any person who by

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1		reason of employment by the Division of Narcotic Control,
2		the Bureau of Investigation or, after July 1, 1977, the
3		Division of Criminal Investigation, the Division of
4		Internal Investigation, the Division of Operations, the
5		Division of Patrol Operations, or any other Division or
6		organizational entity in the Illinois State Police is
7		vested by law with duties to maintain public order,
8		investigate violations of the criminal law of this State,
9		enforce the laws of this State, make arrests and recover
10		property. The term "special agent" includes any title or
11		position in the Illinois State Police that is held by an
12		individual employed under the Illinois State Police Act.
13		(5) The term "investigator for the Secretary of State"
14		means any person employed by the Office of the Secretary
15		of State and vested with such investigative duties as
16		render him ineligible for coverage under the Social
17		Security Act by reason of Sections 218(d)(5)(A),
18		218(d)(8)(D) and 218(l)(1) of that Act.
19		A person who became employed as an investigator for
20		the Secretary of State between January 1, 1967 and
21		December 31, 1975, and who has served as such until
22		attainment of age 60, either continuously or with a single
23		break in service of not more than 3 years duration, which
24		break terminated before January 1, 1976, shall be entitled
25		to have his retirement annuity calculated in accordance
26		with subsection (a), notwithstanding that he has less than

HB5501 Engrossed - 656 - LRB102 24698 AMC 33937 b
1		20 years of credit for such service.
2		(6) The term "Conservation Police Officer" means any
3		person employed by the Division of Law Enforcement of the
4		Department of Natural Resources and vested with such law
5		enforcement duties as render him ineligible for coverage
6		under the Social Security Act by reason of Sections
7		218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
8		term "Conservation Police Officer" includes the positions
9		of Chief Conservation Police Administrator and Assistant
10		Conservation Police Administrator.
11		(7) The term "investigator for the Department of
12		Revenue" means any person employed by the Department of
13		Revenue and vested with such investigative duties as
14		render him ineligible for coverage under the Social
15		Security Act by reason of Sections 218(d)(5)(A),
16		218(d)(8)(D) and 218(l)(1) of that Act.
17		The term "investigator for the Illinois Gaming Board"
18		means any person employed as such by the Illinois Gaming
19		Board and vested with such peace officer duties as render
20		the person ineligible for coverage under the Social
21		Security Act by reason of Sections 218(d)(5)(A),
22		218(d)(8)(D), and 218(l)(1) of that Act.
23		(8) The term "security employee of the Department of
24		Human Services" means any person employed by the
25		Department of Human Services who (i) is employed at the
26		Chester Mental Health Center and has daily contact with

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1		the residents thereof, (ii) is employed within a security
2		unit at a facility operated by the Department and has
3		daily contact with the residents of the security unit,
4		(iii) is employed at a facility operated by the Department
5		that includes a security unit and is regularly scheduled
6		to work at least 50% of his or her working hours within
7		that security unit, or (iv) is a mental health police
8		officer. "Mental health police officer" means any person
9		employed by the Department of Human Services in a position
10		pertaining to the Department's mental health and
11		developmental disabilities functions who is vested with
12		such law enforcement duties as render the person
13		ineligible for coverage under the Social Security Act by
14		reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
15		218(l)(1) of that Act. "Security unit" means that portion
16		of a facility that is devoted to the care, containment,
17		and treatment of persons committed to the Department of
18		Human Services as sexually violent persons, persons unfit
19		to stand trial, or persons not guilty by reason of
20		insanity. With respect to past employment, references to
21		the Department of Human Services include its predecessor,
22		the Department of Mental Health and Developmental
23		Disabilities.
24		The changes made to this subdivision (c)(8) by Public
25		Act 92-14 apply to persons who retire on or after January
26		1, 2001, notwithstanding Section 1-103.1.

HB5501 Engrossed - 658 - LRB102 24698 AMC 33937 b
1		(9) "Central Management Services security police
2		officer" means any person employed by the Department of
3		Central Management Services who is vested with such law
4		enforcement duties as render him ineligible for coverage
5		under the Social Security Act by reason of Sections
6		218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
7		(10) For a member who first became an employee under
8		this Article before July 1, 2005, the term "security
9		employee of the Department of Corrections or the
10		Department of Juvenile Justice" means any employee of the
11		Department of Corrections or the Department of Juvenile
12		Justice or the former Department of Personnel, and any
13		member or employee of the Prisoner Review Board, who has
14		daily contact with inmates or youth by working within a
15		correctional facility or Juvenile facility operated by the
16		Department of Juvenile Justice or who is a parole officer
17		or an employee who has direct contact with committed
18		persons in the performance of his or her job duties. For a
19		member who first becomes an employee under this Article on
20		or after July 1, 2005, the term means an employee of the
21		Department of Corrections or the Department of Juvenile
22		Justice who is any of the following: (i) officially
23		headquartered at a correctional facility or Juvenile
24		facility operated by the Department of Juvenile Justice,
25		(ii) a parole officer, (iii) a member of the apprehension
26		unit, (iv) a member of the intelligence unit, (v) a member

HB5501 Engrossed - 659 - LRB102 24698 AMC 33937 b
1		of the sort team, or (vi) an investigator.
2		(11) The term "dangerous drugs investigator" means any
3		person who is employed as such by the Department of Human
4		Services.
5		(12) The term "investigator for the Illinois State
6		Police" means a person employed by the Illinois State
7		Police who is vested under Section 4 of the Narcotic
8		Control Division Abolition Act with such law enforcement
9		powers as render him ineligible for coverage under the
10		Social Security Act by reason of Sections 218(d)(5)(A),
11		218(d)(8)(D) and 218(l)(1) of that Act.
12		(13) "Investigator for the Office of the Attorney
13		General" means any person who is employed as such by the
14		Office of the Attorney General and is vested with such
15		investigative duties as render him ineligible for coverage
16		under the Social Security Act by reason of Sections
17		218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
18		the period before January 1, 1989, the term includes all
19		persons who were employed as investigators by the Office
20		of the Attorney General, without regard to social security
21		status.
22		(14) "Controlled substance inspector" means any person
23		who is employed as such by the Department of Professional
24		Regulation and is vested with such law enforcement duties
25		as render him ineligible for coverage under the Social
26		Security Act by reason of Sections 218(d)(5)(A),

HB5501 Engrossed - 660 - LRB102 24698 AMC 33937 b
1		218(d)(8)(D) and 218(l)(1) of that Act. The term
2		"controlled substance inspector" includes the Program
3		Executive of Enforcement and the Assistant Program
4		Executive of Enforcement.
5		(15) The term "investigator for the Office of the
6		State's Attorneys Appellate Prosecutor" means a person
7		employed in that capacity on a full-time full time basis
8		under the authority of Section 7.06 of the State's
9		Attorneys Appellate Prosecutor's Act.
10		(16) "Commerce Commission police officer" means any
11		person employed by the Illinois Commerce Commission who is
12		vested with such law enforcement duties as render him
13		ineligible for coverage under the Social Security Act by
14		reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
15		218(l)(1) of that Act.
16		(17) "Arson investigator" means any person who is
17		employed as such by the Office of the State Fire Marshal
18		and is vested with such law enforcement duties as render
19		the person ineligible for coverage under the Social
20		Security Act by reason of Sections 218(d)(5)(A),
21		218(d)(8)(D), and 218(l)(1) of that Act. A person who was
22		employed as an arson investigator on January 1, 1995 and
23		is no longer in service but not yet receiving a retirement
24		annuity may convert his or her creditable service for
25		employment as an arson investigator into eligible
26		creditable service by paying to the System the difference

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1		between the employee contributions actually paid for that
2		service and the amounts that would have been contributed
3		if the applicant were contributing at the rate applicable
4		to persons with the same social security status earning
5		eligible creditable service on the date of application.
6		(18) The term "State highway maintenance worker" means
7		a person who is either of the following:
8		(i) A person employed on a full-time basis by the
9		Illinois Department of Transportation in the position
10		of highway maintainer, highway maintenance lead
11		worker, highway maintenance lead/lead worker, heavy
12		construction equipment operator, power shovel
13		operator, or bridge mechanic; and whose principal
14		responsibility is to perform, on the roadway, the
15		actual maintenance necessary to keep the highways that
16		form a part of the State highway system in serviceable
17		condition for vehicular traffic.
18		(ii) A person employed on a full-time basis by the
19		Illinois State Toll Highway Authority in the position
20		of equipment operator/laborer H-4, equipment
21		operator/laborer H-6, welder H-4, welder H-6,
22		mechanical/electrical H-4, mechanical/electrical H-6,
23		water/sewer H-4, water/sewer H-6, sign maker/hanger
24		H-4, sign maker/hanger H-6, roadway lighting H-4,
25		roadway lighting H-6, structural H-4, structural H-6,
26		painter H-4, or painter H-6; and whose principal

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1		responsibility is to perform, on the roadway, the
2		actual maintenance necessary to keep the Authority's
3		tollways in serviceable condition for vehicular
4		traffic.
5		(19) The term "security employee of the Department of
6		Innovation and Technology" means a person who was a
7		security employee of the Department of Corrections or the
8		Department of Juvenile Justice, was transferred to the
9		Department of Innovation and Technology pursuant to
10		Executive Order 2016-01, and continues to perform similar
11		job functions under that Department.
12		(20) "Transferred employee" means an employee who was
13		transferred to the Department of Central Management
14		Services by Executive Order No. 2003-10 or Executive Order
15		No. 2004-2 or transferred to the Department of Innovation
16		and Technology by Executive Order No. 2016-1, or both, and
17		was entitled to eligible creditable service for services
18		immediately preceding the transfer.
19		(d) A security employee of the Department of Corrections
20		or the Department of Juvenile Justice, a security employee of
21		the Department of Human Services who is not a mental health
22		police officer, and a security employee of the Department of
23		Innovation and Technology shall not be eligible for the
24		alternative retirement annuity provided by this Section unless
25		he or she meets the following minimum age and service
26		requirements at the time of retirement:

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1		(i) 25 years of eligible creditable service and age
2		55; or
3		(ii) beginning January 1, 1987, 25 years of eligible
4		creditable service and age 54, or 24 years of eligible
5		creditable service and age 55; or
6		(iii) beginning January 1, 1988, 25 years of eligible
7		creditable service and age 53, or 23 years of eligible
8		creditable service and age 55; or
9		(iv) beginning January 1, 1989, 25 years of eligible
10		creditable service and age 52, or 22 years of eligible
11		creditable service and age 55; or
12		(v) beginning January 1, 1990, 25 years of eligible
13		creditable service and age 51, or 21 years of eligible
14		creditable service and age 55; or
15		(vi) beginning January 1, 1991, 25 years of eligible
16		creditable service and age 50, or 20 years of eligible
17		creditable service and age 55.
18		Persons who have service credit under Article 16 of this
19		Code for service as a security employee of the Department of
20		Corrections or the Department of Juvenile Justice, or the
21		Department of Human Services in a position requiring
22		certification as a teacher may count such service toward
23		establishing their eligibility under the service requirements
24		of this Section; but such service may be used only for
25		establishing such eligibility, and not for the purpose of
26		increasing or calculating any benefit.

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1		(e) If a member enters military service while working in a
2		position in which eligible creditable service may be earned,
3		and returns to State service in the same or another such
4		position, and fulfills in all other respects the conditions
5		prescribed in this Article for credit for military service,
6		such military service shall be credited as eligible creditable
7		service for the purposes of the retirement annuity prescribed
8		in this Section.
9		(f) For purposes of calculating retirement annuities under
10		this Section, periods of service rendered after December 31,
11		1968 and before October 1, 1975 as a covered employee in the
12		position of special agent, conservation police officer, mental
13		health police officer, or investigator for the Secretary of
14		State, shall be deemed to have been service as a noncovered
15		employee, provided that the employee pays to the System prior
16		to retirement an amount equal to (1) the difference between
17		the employee contributions that would have been required for
18		such service as a noncovered employee, and the amount of
19		employee contributions actually paid, plus (2) if payment is
20		made after July 31, 1987, regular interest on the amount
21		specified in item (1) from the date of service to the date of
22		payment.
23		For purposes of calculating retirement annuities under
24		this Section, periods of service rendered after December 31,
25		1968 and before January 1, 1982 as a covered employee in the
26		position of investigator for the Department of Revenue shall

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1		be deemed to have been service as a noncovered employee,
2		provided that the employee pays to the System prior to
3		retirement an amount equal to (1) the difference between the
4		employee contributions that would have been required for such
5		service as a noncovered employee, and the amount of employee
6		contributions actually paid, plus (2) if payment is made after
7		January 1, 1990, regular interest on the amount specified in
8		item (1) from the date of service to the date of payment.
9		(g) A State policeman may elect, not later than January 1,
10		1990, to establish eligible creditable service for up to 10
11		years of his service as a policeman under Article 3, by filing
12		a written election with the Board, accompanied by payment of
13		an amount to be determined by the Board, equal to (i) the
14		difference between the amount of employee and employer
15		contributions transferred to the System under Section 3-110.5,
16		and the amounts that would have been contributed had such
17		contributions been made at the rates applicable to State
18		policemen, plus (ii) interest thereon at the effective rate
19		for each year, compounded annually, from the date of service
20		to the date of payment.
21		Subject to the limitation in subsection (i), a State
22		policeman may elect, not later than July 1, 1993, to establish
23		eligible creditable service for up to 10 years of his service
24		as a member of the County Police Department under Article 9, by
25		filing a written election with the Board, accompanied by
26		payment of an amount to be determined by the Board, equal to

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1		(i) the difference between the amount of employee and employer
2		contributions transferred to the System under Section 9-121.10
3		and the amounts that would have been contributed had those
4		contributions been made at the rates applicable to State
5		policemen, plus (ii) interest thereon at the effective rate
6		for each year, compounded annually, from the date of service
7		to the date of payment.
8		(h) Subject to the limitation in subsection (i), a State
9		policeman or investigator for the Secretary of State may elect
10		to establish eligible creditable service for up to 12 years of
11		his service as a policeman under Article 5, by filing a written
12		election with the Board on or before January 31, 1992, and
13		paying to the System by January 31, 1994 an amount to be
14		determined by the Board, equal to (i) the difference between
15		the amount of employee and employer contributions transferred
16		to the System under Section 5-236, and the amounts that would
17		have been contributed had such contributions been made at the
18		rates applicable to State policemen, plus (ii) interest
19		thereon at the effective rate for each year, compounded
20		annually, from the date of service to the date of payment.
21		Subject to the limitation in subsection (i), a State
22		policeman, conservation police officer, or investigator for
23		the Secretary of State may elect to establish eligible
24		creditable service for up to 10 years of service as a sheriff's
25		law enforcement employee under Article 7, by filing a written
26		election with the Board on or before January 31, 1993, and

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1		paying to the System by January 31, 1994 an amount to be
2		determined by the Board, equal to (i) the difference between
3		the amount of employee and employer contributions transferred
4		to the System under Section 7-139.7, and the amounts that
5		would have been contributed had such contributions been made
6		at the rates applicable to State policemen, plus (ii) interest
7		thereon at the effective rate for each year, compounded
8		annually, from the date of service to the date of payment.
9		Subject to the limitation in subsection (i), a State
10		policeman, conservation police officer, or investigator for
11		the Secretary of State may elect to establish eligible
12		creditable service for up to 5 years of service as a police
13		officer under Article 3, a policeman under Article 5, a
14		sheriff's law enforcement employee under Article 7, a member
15		of the county police department under Article 9, or a police
16		officer under Article 15 by filing a written election with the
17		Board and paying to the System an amount to be determined by
18		the Board, equal to (i) the difference between the amount of
19		employee and employer contributions transferred to the System
20		under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
21		and the amounts that would have been contributed had such
22		contributions been made at the rates applicable to State
23		policemen, plus (ii) interest thereon at the effective rate
24		for each year, compounded annually, from the date of service
25		to the date of payment.
26		Subject to the limitation in subsection (i), an

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1		investigator for the Office of the Attorney General, or an
2		investigator for the Department of Revenue, may elect to
3		establish eligible creditable service for up to 5 years of
4		service as a police officer under Article 3, a policeman under
5		Article 5, a sheriff's law enforcement employee under Article
6		7, or a member of the county police department under Article 9
7		by filing a written election with the Board within 6 months
8		after August 25, 2009 (the effective date of Public Act
9		96-745) and paying to the System an amount to be determined by
10		the Board, equal to (i) the difference between the amount of
11		employee and employer contributions transferred to the System
12		under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
13		amounts that would have been contributed had such
14		contributions been made at the rates applicable to State
15		policemen, plus (ii) interest thereon at the actuarially
16		assumed rate for each year, compounded annually, from the date
17		of service to the date of payment.
18		Subject to the limitation in subsection (i), a State
19		policeman, conservation police officer, investigator for the
20		Office of the Attorney General, an investigator for the
21		Department of Revenue, or investigator for the Secretary of
22		State may elect to establish eligible creditable service for
23		up to 5 years of service as a person employed by a
24		participating municipality to perform police duties, or law
25		enforcement officer employed on a full-time basis by a forest
26		preserve district under Article 7, a county corrections

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1		officer, or a court services officer under Article 9, by
2		filing a written election with the Board within 6 months after
3		August 25, 2009 (the effective date of Public Act 96-745) and
4		paying to the System an amount to be determined by the Board,
5		equal to (i) the difference between the amount of employee and
6		employer contributions transferred to the System under
7		Sections 7-139.8 and 9-121.10 and the amounts that would have
8		been contributed had such contributions been made at the rates
9		applicable to State policemen, plus (ii) interest thereon at
10		the actuarially assumed rate for each year, compounded
11		annually, from the date of service to the date of payment.
12		Subject to the limitation in subsection (i), a State
13		policeman, arson investigator, or Commerce Commission police
14		officer may elect to establish eligible creditable service for
15		up to 5 years of service as a person employed by a
16		participating municipality to perform police duties under
17		Article 7, a county corrections officer, a court services
18		officer under Article 9, or a firefighter under Article 4 by
19		filing a written election with the Board within 6 months after
20		July 30, 2021 (the effective date of Public Act 102-210) this
21		amendatory Act of the 102nd General Assembly and paying to the
22		System an amount to be determined by the Board equal to (i) the
23		difference between the amount of employee and employer
24		contributions transferred to the System under Sections
25		4-108.8, 7-139.8, and 9-121.10 and the amounts that would have
26		been contributed had such contributions been made at the rates

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1		applicable to State policemen, plus (ii) interest thereon at
2		the actuarially assumed rate for each year, compounded
3		annually, from the date of service to the date of payment.
4		Subject to the limitation in subsection (i), a
5		conservation police officer may elect to establish eligible
6		creditable service for up to 5 years of service as a person
7		employed by a participating municipality to perform police
8		duties under Article 7, a county corrections officer, or a
9		court services officer under Article 9 by filing a written
10		election with the Board within 6 months after July 30, 2021
11		(the effective date of Public Act 102-210) this amendatory Act
12		of the 102nd General Assembly and paying to the System an
13		amount to be determined by the Board equal to (i) the
14		difference between the amount of employee and employer
15		contributions transferred to the System under Sections 7-139.8
16		and 9-121.10 and the amounts that would have been contributed
17		had such contributions been made at the rates applicable to
18		State policemen, plus (ii) interest thereon at the actuarially
19		assumed rate for each year, compounded annually, from the date
20		of service to the date of payment.
21		Notwithstanding the limitation in subsection (i), a State
22		policeman or conservation police officer may elect to convert
23		service credit earned under this Article to eligible
24		creditable service, as defined by this Section, by filing a
25		written election with the board within 6 months after July 30,
26		2021 (the effective date of Public Act 102-210) this

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1		amendatory Act of the 102nd General Assembly and paying to the
2		System an amount to be determined by the Board equal to (i) the
3		difference between the amount of employee contributions
4		originally paid for that service and the amounts that would
5		have been contributed had such contributions been made at the
6		rates applicable to State policemen, plus (ii) the difference
7		between the employer's normal cost of the credit prior to the
8		conversion authorized by Public Act 102-210 this amendatory
9		Act of the 102nd General Assembly and the employer's normal
10		cost of the credit converted in accordance with Public Act
11		102-210 this amendatory Act of the 102nd General Assembly,
12		plus (iii) interest thereon at the actuarially assumed rate
13		for each year, compounded annually, from the date of service
14		to the date of payment.
15		(i) The total amount of eligible creditable service
16		established by any person under subsections (g), (h), (j),
17		(k), (l), (l-5), and (o) of this Section shall not exceed 12
18		years.
19		(j) Subject to the limitation in subsection (i), an
20		investigator for the Office of the State's Attorneys Appellate
21		Prosecutor or a controlled substance inspector may elect to
22		establish eligible creditable service for up to 10 years of
23		his service as a policeman under Article 3 or a sheriff's law
24		enforcement employee under Article 7, by filing a written
25		election with the Board, accompanied by payment of an amount
26		to be determined by the Board, equal to (1) the difference

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1		between the amount of employee and employer contributions
2		transferred to the System under Section 3-110.6 or 7-139.8,
3		and the amounts that would have been contributed had such
4		contributions been made at the rates applicable to State
5		policemen, plus (2) interest thereon at the effective rate for
6		each year, compounded annually, from the date of service to
7		the date of payment.
8		(k) Subject to the limitation in subsection (i) of this
9		Section, an alternative formula employee may elect to
10		establish eligible creditable service for periods spent as a
11		full-time law enforcement officer or full-time corrections
12		officer employed by the federal government or by a state or
13		local government located outside of Illinois, for which credit
14		is not held in any other public employee pension fund or
15		retirement system. To obtain this credit, the applicant must
16		file a written application with the Board by March 31, 1998,
17		accompanied by evidence of eligibility acceptable to the Board
18		and payment of an amount to be determined by the Board, equal
19		to (1) employee contributions for the credit being
20		established, based upon the applicant's salary on the first
21		day as an alternative formula employee after the employment
22		for which credit is being established and the rates then
23		applicable to alternative formula employees, plus (2) an
24		amount determined by the Board to be the employer's normal
25		cost of the benefits accrued for the credit being established,
26		plus (3) regular interest on the amounts in items (1) and (2)

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1		from the first day as an alternative formula employee after
2		the employment for which credit is being established to the
3		date of payment.
4		(l) Subject to the limitation in subsection (i), a
5		security employee of the Department of Corrections may elect,
6		not later than July 1, 1998, to establish eligible creditable
7		service for up to 10 years of his or her service as a policeman
8		under Article 3, by filing a written election with the Board,
9		accompanied by payment of an amount to be determined by the
10		Board, equal to (i) the difference between the amount of
11		employee and employer contributions transferred to the System
12		under Section 3-110.5, and the amounts that would have been
13		contributed had such contributions been made at the rates
14		applicable to security employees of the Department of
15		Corrections, plus (ii) interest thereon at the effective rate
16		for each year, compounded annually, from the date of service
17		to the date of payment.
18		(l-5) Subject to the limitation in subsection (i) of this
19		Section, a State policeman may elect to establish eligible
20		creditable service for up to 5 years of service as a full-time
21		law enforcement officer employed by the federal government or
22		by a state or local government located outside of Illinois for
23		which credit is not held in any other public employee pension
24		fund or retirement system. To obtain this credit, the
25		applicant must file a written application with the Board no
26		later than 3 years after January 1, 2020 (the effective date of

HB5501 Engrossed - 674 - LRB102 24698 AMC 33937 b
1		Public Act 101-610) this amendatory Act of the 101st General
2		Assembly, accompanied by evidence of eligibility acceptable to
3		the Board and payment of an amount to be determined by the
4		Board, equal to (1) employee contributions for the credit
5		being established, based upon the applicant's salary on the
6		first day as an alternative formula employee after the
7		employment for which credit is being established and the rates
8		then applicable to alternative formula employees, plus (2) an
9		amount determined by the Board to be the employer's normal
10		cost of the benefits accrued for the credit being established,
11		plus (3) regular interest on the amounts in items (1) and (2)
12		from the first day as an alternative formula employee after
13		the employment for which credit is being established to the
14		date of payment.
15		(m) The amendatory changes to this Section made by Public
16		Act 94-696 this amendatory Act of the 94th General Assembly
17		apply only to: (1) security employees of the Department of
18		Juvenile Justice employed by the Department of Corrections
19		before June 1, 2006 (the effective date of Public Act 94-696)
20		this amendatory Act of the 94th General Assembly and
21		transferred to the Department of Juvenile Justice by Public
22		Act 94-696 this amendatory Act of the 94th General Assembly;
23		and (2) persons employed by the Department of Juvenile Justice
24		on or after June 1, 2006 (the effective date of Public Act
25		94-696) this amendatory Act of the 94th General Assembly who
26		are required by subsection (b) of Section 3-2.5-15 of the

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1		Unified Code of Corrections to have any bachelor's or advanced
2		degree from an accredited college or university or, in the
3		case of persons who provide vocational training, who are
4		required to have adequate knowledge in the skill for which
5		they are providing the vocational training.
6		(n) A person employed in a position under subsection (b)
7		of this Section who has purchased service credit under
8		subsection (j) of Section 14-104 or subsection (b) of Section
9		14-105 in any other capacity under this Article may convert up
10		to 5 years of that service credit into service credit covered
11		under this Section by paying to the Fund an amount equal to (1)
12		the additional employee contribution required under Section
13		14-133, plus (2) the additional employer contribution required
14		under Section 14-131, plus (3) interest on items (1) and (2) at
15		the actuarially assumed rate from the date of the service to
16		the date of payment.
17		(o) Subject to the limitation in subsection (i), a
18		conservation police officer, investigator for the Secretary of
19		State, Commerce Commission police officer, investigator for
20		the Department of Revenue or the Illinois Gaming Board, or
21		arson investigator subject to subsection (g) of Section 1-160
22		may elect to convert up to 8 years of service credit
23		established before January 1, 2020 (the effective date of
24		Public Act 101-610) this amendatory Act of the 101st General
25		Assembly as a conservation police officer, investigator for
26		the Secretary of State, Commerce Commission police officer,

HB5501 Engrossed - 676 - LRB102 24698 AMC 33937 b
1		investigator for the Department of Revenue or the Illinois
2		Gaming Board, or arson investigator under this Article into
3		eligible creditable service by filing a written election with
4		the Board no later than one year after January 1, 2020 (the
5		effective date of Public Act 101-610) this amendatory Act of
6		the 101st General Assembly, accompanied by payment of an
7		amount to be determined by the Board equal to (i) the
8		difference between the amount of the employee contributions
9		actually paid for that service and the amount of the employee
10		contributions that would have been paid had the employee
11		contributions been made as a noncovered employee serving in a
12		position in which eligible creditable service, as defined in
13		this Section, may be earned, plus (ii) interest thereon at the
14		effective rate for each year, compounded annually, from the
15		date of service to the date of payment.
16		(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
17		102-538, eff. 8-20-21; revised 10-12-21.)
18		(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
19		Sec. 16-158. Contributions by State and other employing
20		units.
21		(a) The State shall make contributions to the System by
22		means of appropriations from the Common School Fund and other
23		State funds of amounts which, together with other employer
24		contributions, employee contributions, investment income, and
25		other income, will be sufficient to meet the cost of

HB5501 Engrossed - 677 - LRB102 24698 AMC 33937 b
1		maintaining and administering the System on a 90% funded basis
2		in accordance with actuarial recommendations.
3		The Board shall determine the amount of State
4		contributions required for each fiscal year on the basis of
5		the actuarial tables and other assumptions adopted by the
6		Board and the recommendations of the actuary, using the
7		formula in subsection (b-3).
8		(a-1) Annually, on or before November 15 until November
9		15, 2011, the Board shall certify to the Governor the amount of
10		the required State contribution for the coming fiscal year.
11		The certification under this subsection (a-1) shall include a
12		copy of the actuarial recommendations upon which it is based
13		and shall specifically identify the System's projected State
14		normal cost for that fiscal year.
15		On or before May 1, 2004, the Board shall recalculate and
16		recertify to the Governor the amount of the required State
17		contribution to the System for State fiscal year 2005, taking
18		into account the amounts appropriated to and received by the
19		System under subsection (d) of Section 7.2 of the General
20		Obligation Bond Act.
21		On or before July 1, 2005, the Board shall recalculate and
22		recertify to the Governor the amount of the required State
23		contribution to the System for State fiscal year 2006, taking
24		into account the changes in required State contributions made
25		by Public Act 94-4.
26		On or before April 1, 2011, the Board shall recalculate

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1		and recertify to the Governor the amount of the required State
2		contribution to the System for State fiscal year 2011,
3		applying the changes made by Public Act 96-889 to the System's
4		assets and liabilities as of June 30, 2009 as though Public Act
5		96-889 was approved on that date.
6		(a-5) On or before November 1 of each year, beginning
7		November 1, 2012, the Board shall submit to the State Actuary,
8		the Governor, and the General Assembly a proposed
9		certification of the amount of the required State contribution
10		to the System for the next fiscal year, along with all of the
11		actuarial assumptions, calculations, and data upon which that
12		proposed certification is based. On or before January 1 of
13		each year, beginning January 1, 2013, the State Actuary shall
14		issue a preliminary report concerning the proposed
15		certification and identifying, if necessary, recommended
16		changes in actuarial assumptions that the Board must consider
17		before finalizing its certification of the required State
18		contributions. On or before January 15, 2013 and each January
19		15 thereafter, the Board shall certify to the Governor and the
20		General Assembly the amount of the required State contribution
21		for the next fiscal year. The Board's certification must note
22		any deviations from the State Actuary's recommended changes,
23		the reason or reasons for not following the State Actuary's
24		recommended changes, and the fiscal impact of not following
25		the State Actuary's recommended changes on the required State
26		contribution.

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1		(a-10) By November 1, 2017, the Board shall recalculate
2		and recertify to the State Actuary, the Governor, and the
3		General Assembly the amount of the State contribution to the
4		System for State fiscal year 2018, taking into account the
5		changes in required State contributions made by Public Act
6		100-23. The State Actuary shall review the assumptions and
7		valuations underlying the Board's revised certification and
8		issue a preliminary report concerning the proposed
9		recertification and identifying, if necessary, recommended
10		changes in actuarial assumptions that the Board must consider
11		before finalizing its certification of the required State
12		contributions. The Board's final certification must note any
13		deviations from the State Actuary's recommended changes, the
14		reason or reasons for not following the State Actuary's
15		recommended changes, and the fiscal impact of not following
16		the State Actuary's recommended changes on the required State
17		contribution.
18		(a-15) On or after June 15, 2019, but no later than June
19		30, 2019, the Board shall recalculate and recertify to the
20		Governor and the General Assembly the amount of the State
21		contribution to the System for State fiscal year 2019, taking
22		into account the changes in required State contributions made
23		by Public Act 100-587. The recalculation shall be made using
24		assumptions adopted by the Board for the original fiscal year
25		2019 certification. The monthly voucher for the 12th month of
26		fiscal year 2019 shall be paid by the Comptroller after the

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1		recertification required pursuant to this subsection is
2		submitted to the Governor, Comptroller, and General Assembly.
3		The recertification submitted to the General Assembly shall be
4		filed with the Clerk of the House of Representatives and the
5		Secretary of the Senate in electronic form only, in the manner
6		that the Clerk and the Secretary shall direct.
7		(b) Through State fiscal year 1995, the State
8		contributions shall be paid to the System in accordance with
9		Section 18-7 of the School Code.
10		(b-1) Beginning in State fiscal year 1996, on the 15th day
11		of each month, or as soon thereafter as may be practicable, the
12		Board shall submit vouchers for payment of State contributions
13		to the System, in a total monthly amount of one-twelfth of the
14		required annual State contribution certified under subsection
15		(a-1). From March 5, 2004 (the effective date of Public Act
16		93-665) through June 30, 2004, the Board shall not submit
17		vouchers for the remainder of fiscal year 2004 in excess of the
18		fiscal year 2004 certified contribution amount determined
19		under this Section after taking into consideration the
20		transfer to the System under subsection (a) of Section 6z-61
21		of the State Finance Act. These vouchers shall be paid by the
22		State Comptroller and Treasurer by warrants drawn on the funds
23		appropriated to the System for that fiscal year.
24		If in any month the amount remaining unexpended from all
25		other appropriations to the System for the applicable fiscal
26		year (including the appropriations to the System under Section

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1		8.12 of the State Finance Act and Section 1 of the State
2		Pension Funds Continuing Appropriation Act) is less than the
3		amount lawfully vouchered under this subsection, the
4		difference shall be paid from the Common School Fund under the
5		continuing appropriation authority provided in Section 1.1 of
6		the State Pension Funds Continuing Appropriation Act.
7		(b-2) Allocations from the Common School Fund apportioned
8		to school districts not coming under this System shall not be
9		diminished or affected by the provisions of this Article.
10		(b-3) For State fiscal years 2012 through 2045, the
11		minimum contribution to the System to be made by the State for
12		each fiscal year shall be an amount determined by the System to
13		be sufficient to bring the total assets of the System up to 90%
14		of the total actuarial liabilities of the System by the end of
15		State fiscal year 2045. In making these determinations, the
16		required State contribution shall be calculated each year as a
17		level percentage of payroll over the years remaining to and
18		including fiscal year 2045 and shall be determined under the
19		projected unit credit actuarial cost method.
20		For each of State fiscal years 2018, 2019, and 2020, the
21		State shall make an additional contribution to the System
22		equal to 2% of the total payroll of each employee who is deemed
23		to have elected the benefits under Section 1-161 or who has
24		made the election under subsection (c) of Section 1-161.
25		A change in an actuarial or investment assumption that
26		increases or decreases the required State contribution and

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1		first applies in State fiscal year 2018 or thereafter shall be
2		implemented in equal annual amounts over a 5-year period
3		beginning in the State fiscal year in which the actuarial
4		change first applies to the required State contribution.
5		A change in an actuarial or investment assumption that
6		increases or decreases the required State contribution and
7		first applied to the State contribution in fiscal year 2014,
8		2015, 2016, or 2017 shall be implemented:
9		(i) as already applied in State fiscal years before
10		2018; and
11		(ii) in the portion of the 5-year period beginning in
12		the State fiscal year in which the actuarial change first
13		applied that occurs in State fiscal year 2018 or
14		thereafter, by calculating the change in equal annual
15		amounts over that 5-year period and then implementing it
16		at the resulting annual rate in each of the remaining
17		fiscal years in that 5-year period.
18		For State fiscal years 1996 through 2005, the State
19		contribution to the System, as a percentage of the applicable
20		employee payroll, shall be increased in equal annual
21		increments so that by State fiscal year 2011, the State is
22		contributing at the rate required under this Section; except
23		that in the following specified State fiscal years, the State
24		contribution to the System shall not be less than the
25		following indicated percentages of the applicable employee
26		payroll, even if the indicated percentage will produce a State

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1		contribution in excess of the amount otherwise required under
2		this subsection and subsection (a), and notwithstanding any
3		contrary certification made under subsection (a-1) before May
4		27, 1998 (the effective date of Public Act 90-582): 10.02% in
5		FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
6		2002; 12.86% in FY 2003; and 13.56% in FY 2004.
7		Notwithstanding any other provision of this Article, the
8		total required State contribution for State fiscal year 2006
9		is $534,627,700.
10		Notwithstanding any other provision of this Article, the
11		total required State contribution for State fiscal year 2007
12		is $738,014,500.
13		For each of State fiscal years 2008 through 2009, the
14		State contribution to the System, as a percentage of the
15		applicable employee payroll, shall be increased in equal
16		annual increments from the required State contribution for
17		State fiscal year 2007, so that by State fiscal year 2011, the
18		State is contributing at the rate otherwise required under
19		this Section.
20		Notwithstanding any other provision of this Article, the
21		total required State contribution for State fiscal year 2010
22		is $2,089,268,000 and shall be made from the proceeds of bonds
23		sold in fiscal year 2010 pursuant to Section 7.2 of the General
24		Obligation Bond Act, less (i) the pro rata share of bond sale
25		expenses determined by the System's share of total bond
26		proceeds, (ii) any amounts received from the Common School

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1		Fund in fiscal year 2010, and (iii) any reduction in bond
2		proceeds due to the issuance of discounted bonds, if
3		applicable.
4		Notwithstanding any other provision of this Article, the
5		total required State contribution for State fiscal year 2011
6		is the amount recertified by the System on or before April 1,
7		2011 pursuant to subsection (a-1) of this Section and shall be
8		made from the proceeds of bonds sold in fiscal year 2011
9		pursuant to Section 7.2 of the General Obligation Bond Act,
10		less (i) the pro rata share of bond sale expenses determined by
11		the System's share of total bond proceeds, (ii) any amounts
12		received from the Common School Fund in fiscal year 2011, and
13		(iii) any reduction in bond proceeds due to the issuance of
14		discounted bonds, if applicable. This amount shall include, in
15		addition to the amount certified by the System, an amount
16		necessary to meet employer contributions required by the State
17		as an employer under paragraph (e) of this Section, which may
18		also be used by the System for contributions required by
19		paragraph (a) of Section 16-127.
20		Beginning in State fiscal year 2046, the minimum State
21		contribution for each fiscal year shall be the amount needed
22		to maintain the total assets of the System at 90% of the total
23		actuarial liabilities of the System.
24		Amounts received by the System pursuant to Section 25 of
25		the Budget Stabilization Act or Section 8.12 of the State
26		Finance Act in any fiscal year do not reduce and do not

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1		constitute payment of any portion of the minimum State
2		contribution required under this Article in that fiscal year.
3		Such amounts shall not reduce, and shall not be included in the
4		calculation of, the required State contributions under this
5		Article in any future year until the System has reached a
6		funding ratio of at least 90%. A reference in this Article to
7		the "required State contribution" or any substantially similar
8		term does not include or apply to any amounts payable to the
9		System under Section 25 of the Budget Stabilization Act.
10		Notwithstanding any other provision of this Section, the
11		required State contribution for State fiscal year 2005 and for
12		fiscal year 2008 and each fiscal year thereafter, as
13		calculated under this Section and certified under subsection
14		(a-1), shall not exceed an amount equal to (i) the amount of
15		the required State contribution that would have been
16		calculated under this Section for that fiscal year if the
17		System had not received any payments under subsection (d) of
18		Section 7.2 of the General Obligation Bond Act, minus (ii) the
19		portion of the State's total debt service payments for that
20		fiscal year on the bonds issued in fiscal year 2003 for the
21		purposes of that Section 7.2, as determined and certified by
22		the Comptroller, that is the same as the System's portion of
23		the total moneys distributed under subsection (d) of Section
24		7.2 of the General Obligation Bond Act. In determining this
25		maximum for State fiscal years 2008 through 2010, however, the
26		amount referred to in item (i) shall be increased, as a

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1		percentage of the applicable employee payroll, in equal
2		increments calculated from the sum of the required State
3		contribution for State fiscal year 2007 plus the applicable
4		portion of the State's total debt service payments for fiscal
5		year 2007 on the bonds issued in fiscal year 2003 for the
6		purposes of Section 7.2 of the General Obligation Bond Act, so
7		that, by State fiscal year 2011, the State is contributing at
8		the rate otherwise required under this Section.
9		(b-4) Beginning in fiscal year 2018, each employer under
10		this Article shall pay to the System a required contribution
11		determined as a percentage of projected payroll and sufficient
12		to produce an annual amount equal to:
13		(i) for each of fiscal years 2018, 2019, and 2020, the
14		defined benefit normal cost of the defined benefit plan,
15		less the employee contribution, for each employee of that
16		employer who has elected or who is deemed to have elected
17		the benefits under Section 1-161 or who has made the
18		election under subsection (b) of Section 1-161; for fiscal
19		year 2021 and each fiscal year thereafter, the defined
20		benefit normal cost of the defined benefit plan, less the
21		employee contribution, plus 2%, for each employee of that
22		employer who has elected or who is deemed to have elected
23		the benefits under Section 1-161 or who has made the
24		election under subsection (b) of Section 1-161; plus
25		(ii) the amount required for that fiscal year to
26		amortize any unfunded actuarial accrued liability

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1		associated with the present value of liabilities
2		attributable to the employer's account under Section
3		16-158.3, determined as a level percentage of payroll over
4		a 30-year rolling amortization period.
5		In determining contributions required under item (i) of
6		this subsection, the System shall determine an aggregate rate
7		for all employers, expressed as a percentage of projected
8		payroll.
9		In determining the contributions required under item (ii)
10		of this subsection, the amount shall be computed by the System
11		on the basis of the actuarial assumptions and tables used in
12		the most recent actuarial valuation of the System that is
13		available at the time of the computation.
14		The contributions required under this subsection (b-4)
15		shall be paid by an employer concurrently with that employer's
16		payroll payment period. The State, as the actual employer of
17		an employee, shall make the required contributions under this
18		subsection.
19		(c) Payment of the required State contributions and of all
20		pensions, retirement annuities, death benefits, refunds, and
21		other benefits granted under or assumed by this System, and
22		all expenses in connection with the administration and
23		operation thereof, are obligations of the State.
24		If members are paid from special trust or federal funds
25		which are administered by the employing unit, whether school
26		district or other unit, the employing unit shall pay to the

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1		System from such funds the full accruing retirement costs
2		based upon that service, which, beginning July 1, 2017, shall
3		be at a rate, expressed as a percentage of salary, equal to the
4		total employer's normal cost, expressed as a percentage of
5		payroll, as determined by the System. Employer contributions,
6		based on salary paid to members from federal funds, may be
7		forwarded by the distributing agency of the State of Illinois
8		to the System prior to allocation, in an amount determined in
9		accordance with guidelines established by such agency and the
10		System. Any contribution for fiscal year 2015 collected as a
11		result of the change made by Public Act 98-674 shall be
12		considered a State contribution under subsection (b-3) of this
13		Section.
14		(d) Effective July 1, 1986, any employer of a teacher as
15		defined in paragraph (8) of Section 16-106 shall pay the
16		employer's normal cost of benefits based upon the teacher's
17		service, in addition to employee contributions, as determined
18		by the System. Such employer contributions shall be forwarded
19		monthly in accordance with guidelines established by the
20		System.
21		However, with respect to benefits granted under Section
22		16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
23		of Section 16-106, the employer's contribution shall be 12%
24		(rather than 20%) of the member's highest annual salary rate
25		for each year of creditable service granted, and the employer
26		shall also pay the required employee contribution on behalf of

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1		the teacher. For the purposes of Sections 16-133.4 and
2		16-133.5, a teacher as defined in paragraph (8) of Section
3		16-106 who is serving in that capacity while on leave of
4		absence from another employer under this Article shall not be
5		considered an employee of the employer from which the teacher
6		is on leave.
7		(e) Beginning July 1, 1998, every employer of a teacher
8		shall pay to the System an employer contribution computed as
9		follows:
10		(1) Beginning July 1, 1998 through June 30, 1999, the
11		employer contribution shall be equal to 0.3% of each
12		teacher's salary.
13		(2) Beginning July 1, 1999 and thereafter, the
14		employer contribution shall be equal to 0.58% of each
15		teacher's salary.
16		The school district or other employing unit may pay these
17		employer contributions out of any source of funding available
18		for that purpose and shall forward the contributions to the
19		System on the schedule established for the payment of member
20		contributions.
21		These employer contributions are intended to offset a
22		portion of the cost to the System of the increases in
23		retirement benefits resulting from Public Act 90-582.
24		Each employer of teachers is entitled to a credit against
25		the contributions required under this subsection (e) with
26		respect to salaries paid to teachers for the period January 1,

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1		2002 through June 30, 2003, equal to the amount paid by that
2		employer under subsection (a-5) of Section 6.6 of the State
3		Employees Group Insurance Act of 1971 with respect to salaries
4		paid to teachers for that period.
5		The additional 1% employee contribution required under
6		Section 16-152 by Public Act 90-582 is the responsibility of
7		the teacher and not the teacher's employer, unless the
8		employer agrees, through collective bargaining or otherwise,
9		to make the contribution on behalf of the teacher.
10		If an employer is required by a contract in effect on May
11		1, 1998 between the employer and an employee organization to
12		pay, on behalf of all its full-time employees covered by this
13		Article, all mandatory employee contributions required under
14		this Article, then the employer shall be excused from paying
15		the employer contribution required under this subsection (e)
16		for the balance of the term of that contract. The employer and
17		the employee organization shall jointly certify to the System
18		the existence of the contractual requirement, in such form as
19		the System may prescribe. This exclusion shall cease upon the
20		termination, extension, or renewal of the contract at any time
21		after May 1, 1998.
22		(f) If the amount of a teacher's salary for any school year
23		used to determine final average salary exceeds the member's
24		annual full-time salary rate with the same employer for the
25		previous school year by more than 6%, the teacher's employer
26		shall pay to the System, in addition to all other payments

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1		required under this Section and in accordance with guidelines
2		established by the System, the present value of the increase
3		in benefits resulting from the portion of the increase in
4		salary that is in excess of 6%. This present value shall be
5		computed by the System on the basis of the actuarial
6		assumptions and tables used in the most recent actuarial
7		valuation of the System that is available at the time of the
8		computation. If a teacher's salary for the 2005-2006 school
9		year is used to determine final average salary under this
10		subsection (f), then the changes made to this subsection (f)
11		by Public Act 94-1057 shall apply in calculating whether the
12		increase in his or her salary is in excess of 6%. For the
13		purposes of this Section, change in employment under Section
14		10-21.12 of the School Code on or after June 1, 2005 shall
15		constitute a change in employer. The System may require the
16		employer to provide any pertinent information or
17		documentation. The changes made to this subsection (f) by
18		Public Act 94-1111 apply without regard to whether the teacher
19		was in service on or after its effective date.
20		Whenever it determines that a payment is or may be
21		required under this subsection, the System shall calculate the
22		amount of the payment and bill the employer for that amount.
23		The bill shall specify the calculations used to determine the
24		amount due. If the employer disputes the amount of the bill, it
25		may, within 30 days after receipt of the bill, apply to the
26		System in writing for a recalculation. The application must

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1		specify in detail the grounds of the dispute and, if the
2		employer asserts that the calculation is subject to subsection
3		(g), (g-5), (g-10), (g-15), or (h) of this Section, must
4		include an affidavit setting forth and attesting to all facts
5		within the employer's knowledge that are pertinent to the
6		applicability of that subsection. Upon receiving a timely
7		application for recalculation, the System shall review the
8		application and, if appropriate, recalculate the amount due.
9		The employer contributions required under this subsection
10		(f) may be paid in the form of a lump sum within 90 days after
11		receipt of the bill. If the employer contributions are not
12		paid within 90 days after receipt of the bill, then interest
13		will be charged at a rate equal to the System's annual
14		actuarially assumed rate of return on investment compounded
15		annually from the 91st day after receipt of the bill. Payments
16		must be concluded within 3 years after the employer's receipt
17		of the bill.
18		(f-1) (Blank).
19		(g) This subsection (g) applies only to payments made or
20		salary increases given on or after June 1, 2005 but before July
21		1, 2011. The changes made by Public Act 94-1057 shall not
22		require the System to refund any payments received before July
23		31, 2006 (the effective date of Public Act 94-1057).
24		When assessing payment for any amount due under subsection
25		(f), the System shall exclude salary increases paid to
26		teachers under contracts or collective bargaining agreements

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1		entered into, amended, or renewed before June 1, 2005.
2		When assessing payment for any amount due under subsection
3		(f), the System shall exclude salary increases paid to a
4		teacher at a time when the teacher is 10 or more years from
5		retirement eligibility under Section 16-132 or 16-133.2.
6		When assessing payment for any amount due under subsection
7		(f), the System shall exclude salary increases resulting from
8		overload work, including summer school, when the school
9		district has certified to the System, and the System has
10		approved the certification, that (i) the overload work is for
11		the sole purpose of classroom instruction in excess of the
12		standard number of classes for a full-time teacher in a school
13		district during a school year and (ii) the salary increases
14		are equal to or less than the rate of pay for classroom
15		instruction computed on the teacher's current salary and work
16		schedule.
17		When assessing payment for any amount due under subsection
18		(f), the System shall exclude a salary increase resulting from
19		a promotion (i) for which the employee is required to hold a
20		certificate or supervisory endorsement issued by the State
21		Teacher Certification Board that is a different certification
22		or supervisory endorsement than is required for the teacher's
23		previous position and (ii) to a position that has existed and
24		been filled by a member for no less than one complete academic
25		year and the salary increase from the promotion is an increase
26		that results in an amount no greater than the lesser of the

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1		average salary paid for other similar positions in the
2		district requiring the same certification or the amount
3		stipulated in the collective bargaining agreement for a
4		similar position requiring the same certification.
5		When assessing payment for any amount due under subsection
6		(f), the System shall exclude any payment to the teacher from
7		the State of Illinois or the State Board of Education over
8		which the employer does not have discretion, notwithstanding
9		that the payment is included in the computation of final
10		average salary.
11		(g-5) When assessing payment for any amount due under
12		subsection (f), the System shall exclude salary increases
13		resulting from overload or stipend work performed in a school
14		year subsequent to a school year in which the employer was
15		unable to offer or allow to be conducted overload or stipend
16		work due to an emergency declaration limiting such activities.
17		(g-10) When assessing payment for any amount due under
18		subsection (f), the System shall exclude salary increases
19		resulting from increased instructional time that exceeded the
20		instructional time required during the 2019-2020 school year.
21		(g-15) (g-5) When assessing payment for any amount due
22		under subsection (f), the System shall exclude salary
23		increases resulting from teaching summer school on or after
24		May 1, 2021 and before September 15, 2022.
25		(h) When assessing payment for any amount due under
26		subsection (f), the System shall exclude any salary increase

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1		described in subsection (g) of this Section given on or after
2		July 1, 2011 but before July 1, 2014 under a contract or
3		collective bargaining agreement entered into, amended, or
4		renewed on or after June 1, 2005 but before July 1, 2011.
5		Notwithstanding any other provision of this Section, any
6		payments made or salary increases given after June 30, 2014
7		shall be used in assessing payment for any amount due under
8		subsection (f) of this Section.
9		(i) The System shall prepare a report and file copies of
10		the report with the Governor and the General Assembly by
11		January 1, 2007 that contains all of the following
12		information:
13		(1) The number of recalculations required by the
14		changes made to this Section by Public Act 94-1057 for
15		each employer.
16		(2) The dollar amount by which each employer's
17		contribution to the System was changed due to
18		recalculations required by Public Act 94-1057.
19		(3) The total amount the System received from each
20		employer as a result of the changes made to this Section by
21		Public Act 94-4.
22		(4) The increase in the required State contribution
23		resulting from the changes made to this Section by Public
24		Act 94-1057.
25		(i-5) For school years beginning on or after July 1, 2017,
26		if the amount of a participant's salary for any school year

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1		exceeds the amount of the salary set for the Governor, the
2		participant's employer shall pay to the System, in addition to
3		all other payments required under this Section and in
4		accordance with guidelines established by the System, an
5		amount determined by the System to be equal to the employer
6		normal cost, as established by the System and expressed as a
7		total percentage of payroll, multiplied by the amount of
8		salary in excess of the amount of the salary set for the
9		Governor. This amount shall be computed by the System on the
10		basis of the actuarial assumptions and tables used in the most
11		recent actuarial valuation of the System that is available at
12		the time of the computation. The System may require the
13		employer to provide any pertinent information or
14		documentation.
15		Whenever it determines that a payment is or may be
16		required under this subsection, the System shall calculate the
17		amount of the payment and bill the employer for that amount.
18		The bill shall specify the calculations used to determine the
19		amount due. If the employer disputes the amount of the bill, it
20		may, within 30 days after receipt of the bill, apply to the
21		System in writing for a recalculation. The application must
22		specify in detail the grounds of the dispute. Upon receiving a
23		timely application for recalculation, the System shall review
24		the application and, if appropriate, recalculate the amount
25		due.
26		The employer contributions required under this subsection

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1		may be paid in the form of a lump sum within 90 days after
2		receipt of the bill. If the employer contributions are not
3		paid within 90 days after receipt of the bill, then interest
4		will be charged at a rate equal to the System's annual
5		actuarially assumed rate of return on investment compounded
6		annually from the 91st day after receipt of the bill. Payments
7		must be concluded within 3 years after the employer's receipt
8		of the bill.
9		(j) For purposes of determining the required State
10		contribution to the System, the value of the System's assets
11		shall be equal to the actuarial value of the System's assets,
12		which shall be calculated as follows:
13		As of June 30, 2008, the actuarial value of the System's
14		assets shall be equal to the market value of the assets as of
15		that date. In determining the actuarial value of the System's
16		assets for fiscal years after June 30, 2008, any actuarial
17		gains or losses from investment return incurred in a fiscal
18		year shall be recognized in equal annual amounts over the
19		5-year period following that fiscal year.
20		(k) For purposes of determining the required State
21		contribution to the system for a particular year, the
22		actuarial value of assets shall be assumed to earn a rate of
23		return equal to the system's actuarially assumed rate of
24		return.
25		(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
26		102-16, eff. 6-17-21; 102-525, eff. 8-20-21; 102-558, eff.

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1		8-20-21; revised 10-21-21.)
2		(40 ILCS 5/16-203)
3		Sec. 16-203. Application and expiration of new benefit
4		increases.
5		(a) As used in this Section, "new benefit increase" means
6		an increase in the amount of any benefit provided under this
7		Article, or an expansion of the conditions of eligibility for
8		any benefit under this Article, that results from an amendment
9		to this Code that takes effect after June 1, 2005 (the
10		effective date of Public Act 94-4). "New benefit increase",
11		however, does not include any benefit increase resulting from
12		the changes made to Article 1 or this Article by Public Act
13		95-910, Public Act 100-23, Public Act 100-587, Public Act
14		100-743, Public Act 100-769, Public Act 101-10, or Public Act
15		101-49, or Public Act 102-16 this amendatory Act of the 102nd
16		General Assembly.
17		(b) Notwithstanding any other provision of this Code or
18		any subsequent amendment to this Code, every new benefit
19		increase is subject to this Section and shall be deemed to be
20		granted only in conformance with and contingent upon
21		compliance with the provisions of this Section.
22		(c) The Public Act enacting a new benefit increase must
23		identify and provide for payment to the System of additional
24		funding at least sufficient to fund the resulting annual
25		increase in cost to the System as it accrues.

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1		Every new benefit increase is contingent upon the General
2		Assembly providing the additional funding required under this
3		subsection. The Commission on Government Forecasting and
4		Accountability shall analyze whether adequate additional
5		funding has been provided for the new benefit increase and
6		shall report its analysis to the Public Pension Division of
7		the Department of Insurance. A new benefit increase created by
8		a Public Act that does not include the additional funding
9		required under this subsection is null and void. If the Public
10		Pension Division determines that the additional funding
11		provided for a new benefit increase under this subsection is
12		or has become inadequate, it may so certify to the Governor and
13		the State Comptroller and, in the absence of corrective action
14		by the General Assembly, the new benefit increase shall expire
15		at the end of the fiscal year in which the certification is
16		made.
17		(d) Every new benefit increase shall expire 5 years after
18		its effective date or on such earlier date as may be specified
19		in the language enacting the new benefit increase or provided
20		under subsection (c). This does not prevent the General
21		Assembly from extending or re-creating a new benefit increase
22		by law.
23		(e) Except as otherwise provided in the language creating
24		the new benefit increase, a new benefit increase that expires
25		under this Section continues to apply to persons who applied
26		and qualified for the affected benefit while the new benefit

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1		increase was in effect and to the affected beneficiaries and
2		alternate payees of such persons, but does not apply to any
3		other person, including, without limitation, a person who
4		continues in service after the expiration date and did not
5		apply and qualify for the affected benefit while the new
6		benefit increase was in effect.
7		(Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19;
8		101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff.
9		8-20-21; revised 10-15-21.)
10		Section 270. The Public Officer Prohibited Activities Act
11		is amended by changing Section 4.1 as follows:
12		(50 ILCS 105/4.1)
13		Sec. 4.1. Retaliation against a whistleblower.
14		(a) It is prohibited for a unit of local government, any
15		agent or representative of a unit of local government, or
16		another employee to retaliate against an employee or
17		contractor who:
18		(1) reports an improper governmental action under this
19		Section;
20		(2) cooperates with an investigation by an auditing
21		official related to a report of improper governmental
22		action; or
23		(3) testifies in a proceeding or prosecution arising
24		out of an improper governmental action.

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1		(b) To invoke the protections of this Section, an employee
2		shall make a written report of improper governmental action to
3		the appropriate auditing official. An employee who believes he
4		or she has been retaliated against in violation of this
5		Section must submit a written report to the auditing official
6		within 60 days of gaining knowledge of the retaliatory action.
7		If the auditing official is the individual doing the improper
8		governmental action, then a report under this subsection may
9		be submitted to any State's Attorney.
10		(c) Each auditing official shall establish written
11		processes and procedures for managing complaints filed under
12		this Section, and each auditing official shall investigate and
13		dispose of reports of improper governmental action in
14		accordance with these processes and procedures. If an auditing
15		official concludes that an improper governmental action has
16		taken place or concludes that the relevant unit of local
17		government, department, agency, or supervisory officials have
18		hindered the auditing official's investigation into the
19		report, the auditing official shall notify in writing the
20		chief executive of the unit of local government and any other
21		individual or entity the auditing official deems necessary in
22		the circumstances.
23		(d) An auditing official may transfer a report of improper
24		governmental action to another auditing official for
25		investigation if an auditing official deems it appropriate,
26		including, but not limited to, the appropriate State's

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1		Attorney.
2		(e) To the extent allowed by law, the identity of an
3		employee reporting information about an improper governmental
4		action shall be kept confidential unless the employee waives
5		confidentiality in writing. Auditing officials may take
6		reasonable measures to protect employees who reasonably
7		believe they may be subject to bodily harm for reporting
8		improper government action.
9		(f) The following remedies are available to employees
10		subjected to adverse actions for reporting improper government
11		action:
12		(1) Auditing officials may reinstate, reimburse for
13		lost wages or expenses incurred, promote, or provide some
14		other form of restitution.
15		(2) In instances where an auditing official determines
16		that restitution will not suffice, the auditing official
17		may make his or her investigation findings available for
18		the purposes of aiding in that employee or the employee's
19		attorney's effort to make the employee whole.
20		(g) A person who engages in prohibited retaliatory action
21		under subsection (a) is subject to the following penalties: a
22		fine of no less than $500 and no more than $5,000, suspension
23		without pay, demotion, discharge, civil or criminal
24		prosecution, or any combination of these penalties, as
25		appropriate.
26		(h) Every employee shall receive a written summary or a

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1		complete copy of this Section upon commencement of employment
2		and at least once each year of employment. At the same time,
3		the employee shall also receive a copy of the written
4		processes and procedures for reporting improper governmental
5		actions from the applicable auditing official.
6		(i) As used in this Section:
7		"Auditing official" means any elected, appointed, or hired
8		individual, by whatever name, in a unit of local government
9		whose duties are similar to, but not limited to, receiving,
10		registering, and investigating complaints and information
11		concerning misconduct, inefficiency, and waste within the unit
12		of local government; investigating the performance of
13		officers, employees, functions, and programs; and promoting
14		economy, efficiency, effectiveness and integrity in the
15		administration of the programs and operations of the
16		municipality. If a unit of local government does not have an
17		"auditing official", the "auditing official" shall be a
18		State's Attorney of the county in which the unit of local
19		government is located within.
20		"Employee" means anyone employed by a unit of local
21		government, whether in a permanent or temporary position,
22		including full-time, part-time, and intermittent workers.
23		"Employee" also includes members of appointed boards or
24		commissions, whether or not paid. "Employee" also includes
25		persons who have been terminated because of any report or
26		complaint submitted under this Section.

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1		"Improper governmental action" means any action by a unit
2		of local government employee, an appointed member of a board,
3		commission, or committee, or an elected official of the unit
4		of local government that is undertaken in violation of a
5		federal, State, or unit of local government law or rule; is an
6		abuse of authority; violates the public's trust or expectation
7		of his or her conduct; is of substantial and specific danger to
8		the public's health or safety; or is a gross waste of public
9		funds. The action need not be within the scope of the
10		employee's, elected official's, board member's, commission
11		member's, or committee member's official duties to be subject
12		to a claim of "improper governmental action". "Improper
13		governmental action" does not include a unit of local
14		government personnel actions, including, but not limited to
15		employee grievances, complaints, appointments, promotions,
16		transfers, assignments, reassignments, reinstatements,
17		restorations, reemployment, performance evaluations,
18		reductions in pay, dismissals, suspensions, demotions,
19		reprimands, or violations of collective bargaining agreements,
20		except to the extent that the action amounts to retaliation.
21		"Retaliate", "retaliation", or "retaliatory action" means
22		any adverse change in an employee's employment status or the
23		terms and conditions of employment that results from an
24		employee's protected activity under this Section. "Retaliatory
25		action" includes, but is not limited to, denial of adequate
26		staff to perform duties; frequent staff changes; frequent and

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1		undesirable office changes; refusal to assign meaningful work;
2		unsubstantiated letters of reprimand or unsatisfactory
3		performance evaluations; demotion; reduction in pay; denial of
4		promotion; transfer or reassignment; suspension or dismissal;
5		or other disciplinary action made because of an employee's
6		protected activity under this Section.
7		(Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)
8		Section 275. The Illinois Police Training Act is amended
9		by changing Sections 9 and 10.18 as follows:
10		(50 ILCS 705/9) (from Ch. 85, par. 509)
11		Sec. 9. A special fund is hereby established in the State
12		Treasury to be known as the Traffic and Criminal Conviction
13		Surcharge Fund. Moneys in this Fund shall be expended as
14		follows:
15		(1) a portion of the total amount deposited in the
16		Fund may be used, as appropriated by the General Assembly,
17		for the ordinary and contingent expenses of the Illinois
18		Law Enforcement Training Standards Board;
19		(2) a portion of the total amount deposited in the
20		Fund shall be appropriated for the reimbursement of local
21		governmental agencies participating in training programs
22		certified by the Board, in an amount equaling 1/2 of the
23		total sum paid by such agencies during the State's
24		previous fiscal year for mandated training for

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1		probationary law enforcement officers or probationary
2		county corrections officers and for optional advanced and
3		specialized law enforcement or county corrections
4		training; these reimbursements may include the costs for
5		tuition at training schools, the salaries of trainees
6		while in schools, and the necessary travel and room and
7		board expenses for each trainee; if the appropriations
8		under this paragraph (2) are not sufficient to fully
9		reimburse the participating local governmental agencies,
10		the available funds shall be apportioned among such
11		agencies, with priority first given to repayment of the
12		costs of mandatory training given to law enforcement
13		officer or county corrections officer recruits, then to
14		repayment of costs of advanced or specialized training for
15		permanent law enforcement officers or permanent county
16		corrections officers;
17		(3) a portion of the total amount deposited in the
18		Fund may be used to fund the Intergovernmental Law
19		Enforcement Officer's In-Service Training Act, veto
20		overridden October 29, 1981, as now or hereafter amended,
21		at a rate and method to be determined by the board;
22		(4) a portion of the Fund also may be used by the
23		Illinois State Police for expenses incurred in the
24		training of employees from any State, county, or municipal
25		agency whose function includes enforcement of criminal or
26		traffic law;

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1		(5) a portion of the Fund may be used by the Board to
2		fund grant-in-aid programs and services for the training
3		of employees from any county or municipal agency whose
4		functions include corrections or the enforcement of
5		criminal or traffic law;
6		(6) for fiscal years 2013 through 2017 only, a portion
7		of the Fund also may be used by the Department of State
8		Police to finance any of its lawful purposes or functions;
9		(7) a portion of the Fund may be used by the Board,
10		subject to appropriation, to administer grants to local
11		law enforcement agencies for the purpose of purchasing
12		bulletproof vests under the Law Enforcement Officer
13		Bulletproof Vest Act; and
14		(8) a portion of the Fund may be used by the Board to
15		create a law enforcement grant program available for units
16		of local government to fund crime prevention programs,
17		training, and interdiction efforts, including enforcement
18		and prevention efforts, relating to the illegal cannabis
19		market and driving under the influence of cannabis.
20		All payments from the Traffic and Criminal Conviction
21		Surcharge Fund shall be made each year from moneys
22		appropriated for the purposes specified in this Section. No
23		more than 50% of any appropriation under this Act shall be
24		spent in any city having a population of more than 500,000. The
25		State Comptroller and the State Treasurer shall from time to
26		time, at the direction of the Governor, transfer from the

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1		Traffic and Criminal Conviction Surcharge Fund to the General
2		Revenue Fund in the State Treasury such amounts as the
3		Governor determines are in excess of the amounts required to
4		meet the obligations of the Traffic and Criminal Conviction
5		Surcharge Fund.
6		(Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22;
7		102-538, eff. 8-20-21; revised 10-5-21.)
8		(50 ILCS 705/10.18)
9		Sec. 10.18. Training; administration of opioid
10		antagonists. The Board shall conduct or approve an in-service
11		training program for law enforcement officers in the
12		administration of opioid antagonists as defined in paragraph
13		(1) of subsection (e) of Section 5-23 of the Substance Use
14		Disorder Act that is in accordance with that Section. As used
15		in this Section, the term "law enforcement officers" includes
16		full-time or part-time probationary law enforcement officers,
17		permanent or part-time law enforcement officers, law
18		enforcement officers, recruits, permanent or probationary
19		county corrections officers, permanent or probationary county
20		security officers, and court security officers. The term does
21		not include auxiliary police officers as defined in Section
22		3.1-30-20 of the Illinois Municipal Code.
23		(Source: P.A. 100-759, eff. 1-1-19; 101-652, eff. 1-1-22;
24		revised 11-24-21.)

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1		Section 280. The Uniform Crime Reporting Act is amended by
2		changing Sections 5-10, 5-11, 5-12, and 5-20 as follows:
3		(50 ILCS 709/5-10)
4		Sec. 5-10. Central repository of crime statistics. The
5		Illinois State Police shall be a central repository and
6		custodian of crime statistics for the State and shall have all
7		the power necessary to carry out the purposes of this Act,
8		including the power to demand and receive cooperation in the
9		submission of crime statistics from all law enforcement
10		agencies. All data and information provided to the Illinois
11		State Police under this Act must be provided in a manner and
12		form prescribed by the Illinois State Police. On an annual
13		basis, the Illinois State Police shall make available
14		compilations of crime statistics and monthly reporting
15		required to be reported by each law enforcement agency.
16		(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
17		revised 10-15-21.)
18		(50 ILCS 709/5-11)
19		Sec. 5-11. FBI National Use of Force Database. The
20		Illinois State Police Department shall participate in and
21		regularly submit use of force information to the Federal
22		Bureau of Investigation (FBI) National Use of Force Database.
23		Within 90 days of July 1, 2021 (the effective date of Public
24		Act 101-652) this amendatory Act, the Illinois State Police

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1		Department shall promulgate rules outlining the use of force
2		information required for submission to the Database, which
3		shall be submitted monthly by law enforcement agencies under
4		Section 5-12.
5		(Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)
6		(50 ILCS 709/5-12)
7		Sec. 5-12. Monthly reporting. All law enforcement agencies
8		shall submit to the Illinois State Police on a monthly basis
9		the following:
10		(1) beginning January 1, 2016, a report on any
11		arrest-related death that shall include information
12		regarding the deceased, the officer, any weapon used by
13		the officer or the deceased, and the circumstances of the
14		incident. The Illinois State Police shall submit on a
15		quarterly basis all information collected under this
16		paragraph (1) to the Illinois Criminal Justice Information
17		Authority, contingent upon updated federal guidelines
18		regarding the Uniform Crime Reporting Program;
19		(2) beginning January 1, 2017, a report on any
20		instance when a law enforcement officer discharges his or
21		her firearm causing a non-fatal injury to a person, during
22		the performance of his or her official duties or in the
23		line of duty;
24		(3) a report of incident-based information on hate
25		crimes including information describing the offense,

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1		location of the offense, type of victim, offender, and
2		bias motivation. If no hate crime incidents occurred
3		during a reporting month, the law enforcement agency must
4		submit a no incident record, as required by the Illinois
5		State Police;
6		(4) a report on any incident of an alleged commission
7		of a domestic crime, that shall include information
8		regarding the victim, offender, date and time of the
9		incident, any injury inflicted, any weapons involved in
10		the commission of the offense, and the relationship
11		between the victim and the offender;
12		(5) data on an index of offenses selected by the
13		Illinois State Police based on the seriousness of the
14		offense, frequency of occurrence of the offense, and
15		likelihood of being reported to law enforcement. The data
16		shall include the number of index crime offenses committed
17		and number of associated arrests;
18		(6) data on offenses and incidents reported by schools
19		to local law enforcement. The data shall include offenses
20		defined as an attack against school personnel,
21		intimidation offenses, drug incidents, and incidents
22		involving weapons;
23		(7) beginning on July 1, 2021, a report on incidents
24		where a law enforcement officer was dispatched to deal
25		with a person experiencing a mental health crisis or
26		incident. The report shall include the number of

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1		incidents, the level of law enforcement response and the
2		outcome of each incident. For purposes of this Section, a
3		"mental health crisis" is when a person's behavior puts
4		them at risk of hurting themselves or others or prevents
5		them from being able to care for themselves;
6		(8) beginning on July 1, 2021, a report on use of
7		force, including any action that resulted in the death or
8		serious bodily injury of a person or the discharge of a
9		firearm at or in the direction of a person. The report
10		shall include information required by the Illinois State
11		Police Department, pursuant to Section 5-11 of this Act.
12		(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
13		102-538, eff. 8-20-21; revised 10-15-21.)
14		(50 ILCS 709/5-20)
15		Sec. 5-20. Reporting compliance. The Illinois State Police
16		shall annually report to the Illinois Law Enforcement Training
17		Standards Board and the Department of Revenue any law
18		enforcement agency not in compliance with the reporting
19		requirements under this Act. A law enforcement agency's
20		compliance with the reporting requirements under this Act
21		shall be a factor considered by the Illinois Law Enforcement
22		Training Standards Board in awarding grant funding under the
23		Law Enforcement Camera Grant Act, with preference to law
24		enforcement agencies which are in compliance with reporting
25		requirements under this Act.

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1		(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
2		revised 10-15-21.)
3		Section 285. The Emergency Telephone System Act is amended
4		by changing Sections 2, 7, 8, 10, 15.6, 15.6a, 15.6b, 17.5, 19,
5		20, 30, and 40 as follows:
6		(50 ILCS 750/2) (from Ch. 134, par. 32)
7		(Section scheduled to be repealed on December 31, 2023)
8		Sec. 2. Definitions. As used in this Act, unless the
9		context otherwise requires:
10		"9-1-1 network" means the network used for the delivery of
11		9-1-1 calls and messages over dedicated and redundant
12		facilities to a primary or backup 9-1-1 PSAP that meets the
13		appropriate grade of service.
14		"9-1-1 system" means the geographic area that has been
15		granted an order of authority by the Commission or the
16		Statewide 9-1-1 Administrator to use "9-1-1" as the primary
17		emergency telephone number, including, but not limited to, the
18		network, software applications, databases, CPE components and
19		operational and management procedures required to provide
20		9-1-1 service.
21		"9-1-1 Authority" means an Emergency Telephone System
22		Board or , Joint Emergency Telephone System Board that provides
23		for the management and operation of a 9-1-1 system. "9-1-1
24		Authority" includes the Illinois State Police only to the

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1		extent it provides 9-1-1 services under this Act.
2		"9-1-1 System Manager" means the manager, director,
3		administrator, or coordinator who at the direction of his or
4		her Emergency Telephone System Board is responsible for the
5		implementation and execution of the order of authority issued
6		by the Commission or the Statewide 9-1-1 Administrator through
7		the programs, policies, procedures, and daily operations of
8		the 9-1-1 system consistent with the provisions of this Act.
9		"Administrator" means the Statewide 9-1-1 Administrator.
10		"Advanced service" means any telecommunications service
11		with or without dynamic bandwidth allocation, including, but
12		not limited to, ISDN Primary Rate Interface (PRI), that,
13		through the use of a DS-1, T-1, or other un-channelized or
14		multi-channel transmission facility, is capable of
15		transporting either the subscriber's inter-premises voice
16		telecommunications services to the public switched network or
17		the subscriber's 9-1-1 calls to the public agency.
18		"Aggregator" means an entity that ingresses 9-1-1 calls of
19		multiple traffic types or 9-1-1 calls from multiple
20		originating service providers and combines them on a trunk
21		group or groups (or equivalent egress connection arrangement
22		to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or
23		system), and that uses the routing information provided in the
24		received call setup signaling to select the appropriate trunk
25		group and proceeds to signal call setup toward the 9-1-1
26		system provider. "Aggregator" includes an originating service

HB5501 Engrossed - 715 - LRB102 24698 AMC 33937 b
1		provider that provides aggregation functions for its own 9-1-1
2		calls. "Aggregator" also includes an aggregation network or an
3		aggregation entity that provides aggregator services for other
4		types of system providers, such as cloud-based services or
5		enterprise networks as its client.
6		"ALI" or "automatic location identification" means the
7		automatic display at the public safety answering point of the
8		address or location of the caller's telephone and
9		supplementary emergency services information of the location
10		from which a call originates.
11		"ANI" or "automatic number identification" means the
12		automatic display of the 10-digit 10 digit telephone number
13		associated with the caller's telephone number.
14		"Automatic alarm" and "automatic alerting device" mean any
15		device that will access the 9-1-1 system for emergency
16		services upon activation and does not provide for two-way
17		communication.
18		"Answering point" means a PSAP, SAP, Backup PSAP, Unmanned
19		Backup Answering Point, or VAP.
20		"Authorized entity" means an answering point or
21		participating agency other than a decommissioned PSAP.
22		"Backup PSAP" means an answering point that meets the
23		appropriate standards of service and serves as an alternate to
24		the PSAP operating independently from the PSAP at a different
25		location, that has the capability to direct dispatch for the
26		PSAP or otherwise transfer emergency calls directly to an

HB5501 Engrossed - 716 - LRB102 24698 AMC 33937 b
1		authorized entity. A backup PSAP may accept overflow calls
2		from the PSAP or be activated if the primary PSAP is disabled.
3		"Board" means an Emergency Telephone System Board or a
4		Joint Emergency Telephone System Board created pursuant to
5		Section 15.4.
6		"Carrier" includes a telecommunications carrier and a
7		wireless carrier.
8		"Commission" means the Illinois Commerce Commission.
9		"Computer aided dispatch" or "CAD" means a computer-based
10		system that aids public safety telecommunicators by automating
11		selected dispatching and recordkeeping activities.
12		"Direct dispatch" means a 9-1-1 service wherein upon
13		receipt of an emergency call, a public safety telecommunicator
14		transmits - without delay, transfer, relay, or referral - all
15		relevant available information to the appropriate public
16		safety personnel or emergency responders.
17		"Decommissioned" means the revocation of a PSAPs authority
18		to handle 9-1-1 calls as an answering point within the 9-1-1
19		network.
20		"DS-1, T-1, or similar un-channelized or multi-channel
21		transmission facility" means a facility that can transmit and
22		receive a bit rate of at least 1.544 megabits per second
23		(Mbps).
24		"Dynamic bandwidth allocation" means the ability of the
25		facility or customer to drop and add channels, or adjust
26		bandwidth, when needed in real time for voice or data

HB5501 Engrossed - 717 - LRB102 24698 AMC 33937 b
1		purposes.
2		"Emergency call" means any type of request for emergency
3		assistance through a 9-1-1 network either to the digits 9-1-1
4		or the emergency 24/7 10-digit telephone number for all
5		answering points. An emergency call is not limited to a voice
6		telephone call. It could be a two-way video call, an
7		interactive text, Teletypewriter (TTY), an SMS, an Instant
8		Message, or any new mechanism for communications available in
9		the future. An emergency call occurs when the request for
10		emergency assistance is received by a public safety
11		telecommunicator.
12		"Enhanced 9-1-1" or "E9-1-1" means a telephone system that
13		includes network switching, database and PSAP premise elements
14		capable of providing automatic location identification data,
15		selective routing, selective transfer, fixed transfer, and a
16		call back number, including any enhanced 9-1-1 service so
17		designated by the Federal Communications Commission in its
18		report and order in WC Dockets Nos. 04-36 and 05-196, or any
19		successor proceeding.
20		"ETSB" means an emergency telephone system board appointed
21		by the corporate authorities of any county or municipality
22		that provides for the management and operation of a 9-1-1
23		system.
24		"Grade of service" means P.01 for enhanced 9-1-1 services
25		or the NENA i3 Solution adopted standard for NG9-1-1.
26		"Hearing-impaired individual" means a person with a

HB5501 Engrossed - 718 - LRB102 24698 AMC 33937 b
1		permanent hearing loss who can regularly and routinely
2		communicate by telephone only through the aid of devices which
3		can send and receive written messages over the telephone
4		network.
5		"Hosted supplemental 9-1-1 service" means a database
6		service that:
7		(1) electronically provides information to 9-1-1 call
8		takers when a call is placed to 9-1-1;
9		(2) allows telephone subscribers to provide
10		information to 9-1-1 to be used in emergency scenarios;
11		(3) collects a variety of formatted data relevant to
12		9-1-1 and first responder needs, which may include, but is
13		not limited to, photographs of the telephone subscribers,
14		physical descriptions, medical information, household
15		data, and emergency contacts;
16		(4) allows for information to be entered by telephone
17		subscribers through a secure website where they can elect
18		to provide as little or as much information as they
19		choose;
20		(5) automatically displays data provided by telephone
21		subscribers to 9-1-1 call takers for all types of
22		telephones when a call is placed to 9-1-1 from a
23		registered and confirmed phone number;
24		(6) supports the delivery of telephone subscriber
25		information through a secure internet connection to all
26		emergency telephone system boards;

HB5501 Engrossed - 719 - LRB102 24698 AMC 33937 b
1		(7) works across all 9-1-1 call taking equipment and
2		allows for the easy transfer of information into a
3		computer aided dispatch system; and
4		(8) may be used to collect information pursuant to an
5		Illinois Premise Alert Program as defined in the Illinois
6		Premise Alert Program (PAP) Act.
7		"Interconnected voice over Internet protocol provider" or
8		"Interconnected VoIP provider" has the meaning given to that
9		term under Section 13-235 of the Public Utilities Act.
10		"Joint ETSB" means a Joint Emergency Telephone System
11		Board established by intergovernmental agreement of two or
12		more municipalities or counties, or a combination thereof, to
13		provide for the management and operation of a 9-1-1 system.
14		"Local public agency" means any unit of local government
15		or special purpose district located in whole or in part within
16		this State that provides or has authority to provide
17		firefighting, police, ambulance, medical, or other emergency
18		services.
19		"Mechanical dialer" means any device that accesses the
20		9-1-1 system without human intervention and does not provide
21		for two-way communication.
22		"Master Street Address Guide" or "MSAG" is a database of
23		street names and house ranges within their associated
24		communities defining emergency service zones (ESZs) and their
25		associated emergency service numbers (ESNs) to enable proper
26		routing of 9-1-1 calls.

HB5501 Engrossed - 720 - LRB102 24698 AMC 33937 b
1		"Mobile telephone number" or "MTN" means the telephone
2		number assigned to a wireless telephone at the time of initial
3		activation.
4		"Network connections" means the number of voice grade
5		communications channels directly between a subscriber and a
6		telecommunications carrier's public switched network, without
7		the intervention of any other telecommunications carrier's
8		switched network, which would be required to carry the
9		subscriber's inter-premises traffic and which connection
10		either (1) is capable of providing access through the public
11		switched network to a 9-1-1 Emergency Telephone System, if one
12		exists, or (2) if no system exists at the time a surcharge is
13		imposed under Section 15.3, that would be capable of providing
14		access through the public switched network to the local 9-1-1
15		Emergency Telephone System if one existed. Where multiple
16		voice grade communications channels are connected to a
17		telecommunications carrier's public switched network through a
18		private branch exchange (PBX) service, there shall be
19		determined to be one network connection for each trunk line
20		capable of transporting either the subscriber's inter-premises
21		traffic to the public switched network or the subscriber's
22		9-1-1 calls to the public agency. Where multiple voice grade
23		communications channels are connected to a telecommunications
24		carrier's public switched network through Centrex type
25		service, the number of network connections shall be equal to
26		the number of PBX trunk equivalents for the subscriber's

HB5501 Engrossed - 721 - LRB102 24698 AMC 33937 b
1		service or other multiple voice grade communication channels
2		facility, as determined by reference to any generally
3		applicable exchange access service tariff filed by the
4		subscriber's telecommunications carrier with the Commission.
5		"Network costs" means those recurring costs that directly
6		relate to the operation of the 9-1-1 network as determined by
7		the Statewide 9-1-1 Administrator with the advice of the
8		Statewide 9-1-1 Advisory Board, which may include, but need
9		not be limited to, some or all of the following: costs for
10		interoffice trunks, selective routing charges, transfer lines
11		and toll charges for 9-1-1 services, Automatic Location
12		Information (ALI) database charges, independent local exchange
13		carrier charges and non-system provider charges, carrier
14		charges for third party database for on-site customer premises
15		equipment, back-up PSAP trunks for non-system providers,
16		periodic database updates as provided by carrier (also known
17		as "ALI data dump"), regional ALI storage charges, circuits
18		for call delivery (fiber or circuit connection), NG9-1-1
19		costs, and all associated fees, taxes, and surcharges on each
20		invoice. "Network costs" shall not include radio circuits or
21		toll charges that are other than for 9-1-1 services.
22		"Next generation 9-1-1" or "NG9-1-1" means a secure
23		Internet Protocol-based (IP-based) open-standards system
24		comprised of hardware, software, data, and operational
25		policies and procedures that:
26		(A) provides standardized interfaces from

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1		emergency call and message services to support
2		emergency communications;
3		(B) processes all types of emergency calls,
4		including voice, text, data, and multimedia
5		information;
6		(C) acquires and integrates additional emergency
7		call data useful to call routing and handling;
8		(D) delivers the emergency calls, messages, and
9		data to the appropriate public safety answering point
10		and other appropriate emergency entities based on the
11		location of the caller;
12		(E) supports data, video, and other communications
13		needs for coordinated incident response and
14		management; and
15		(F) interoperates with services and networks used
16		by first responders to facilitate emergency response.
17		"NG9-1-1 costs" means those recurring costs that directly
18		relate to the Next Generation 9-1-1 service as determined by
19		the Statewide 9-1-1 Administrator with the advice of the
20		Statewide 9-1-1 Advisory Board, which may include, but need
21		not be limited to, costs for NENA i3 Core Components (Border
22		Control Function (BCF), Emergency Call Routing Function
23		(ECRF), Location Validation Function (LVF), Emergency Services
24		Routing Proxy (ESRP), Policy Store/Policy Routing Functions
25		(PSPRF), and Location Information Servers (LIS)), Statewide
26		ESInet, software external to the PSAP (data collection,

HB5501 Engrossed - 723 - LRB102 24698 AMC 33937 b
1		identity management, aggregation, and GIS functionality), and
2		gateways (legacy 9-1-1 tandems or gateways or both).
3		"Originating service provider" or "OSP" means the entity
4		that provides services to end users that may be used to
5		originate voice or nonvoice 9-1-1 requests for assistance and
6		who would interconnect, in any of various fashions, to the
7		9-1-1 system provider for purposes of delivering 9-1-1 traffic
8		to the public safety answering points.
9		"Private branch exchange" or "PBX" means a private
10		telephone system and associated equipment located on the
11		user's property that provides communications between internal
12		stations and external networks.
13		"Private business switch service" means network and
14		premises based systems including a VoIP, Centrex type service,
15		or PBX service, even though key telephone systems or
16		equivalent telephone systems registered with the Federal
17		Communications Commission under 47 CFR Part 68 are directly
18		connected to Centrex type and PBX systems. "Private business
19		switch service" does not include key telephone systems or
20		equivalent telephone systems registered with the Federal
21		Communications Commission under 47 CFR Part 68 when not used
22		in conjunction with a VoIP, Centrex type, or PBX systems.
23		"Private business switch service" typically includes, but is
24		not limited to, private businesses, corporations, and
25		industries where the telecommunications service is primarily
26		for conducting business.

HB5501 Engrossed - 724 - LRB102 24698 AMC 33937 b
1		"Private residential switch service" means network and
2		premise based systems including a VoIP, Centrex type service,
3		or PBX service or key telephone systems or equivalent
4		telephone systems registered with the Federal Communications
5		Commission under 47 CFR C.F.R. Part 68 that are directly
6		connected to a VoIP, Centrex type service, or PBX systems
7		equipped for switched local network connections or 9-1-1
8		system access to residential end users through a private
9		telephone switch. "Private residential switch service" does
10		not include key telephone systems or equivalent telephone
11		systems registered with the Federal Communications Commission
12		under 47 CFR C.F.R. Part 68 when not used in conjunction with a
13		VoIP, Centrex type, or PBX systems. "Private residential
14		switch service" typically includes, but is not limited to,
15		apartment complexes, condominiums, and campus or university
16		environments where shared tenant service is provided and where
17		the usage of the telecommunications service is primarily
18		residential.
19		"Public agency" means the State, and any unit of local
20		government or special purpose district located in whole or in
21		part within this State, that provides or has authority to
22		provide firefighting, police, ambulance, medical, or other
23		emergency services.
24		"Public safety agency" means a functional division of a
25		public agency that provides firefighting, police, medical, or
26		other emergency services to respond to and manage emergency

HB5501 Engrossed - 725 - LRB102 24698 AMC 33937 b
1		incidents. For the purpose of providing wireless service to
2		users of 9-1-1 emergency services, as expressly provided for
3		in this Act, the Illinois State Police may be considered a
4		public safety agency.
5		"Public safety answering point" or "PSAP" means the
6		primary answering location of an emergency call that meets the
7		appropriate standards of service and is responsible for
8		receiving and processing those calls and events according to a
9		specified operational policy.
10		"PSAP representative" means the manager or supervisor of a
11		Public Safety Answering Point (PSAP) who oversees the daily
12		operational functions and is responsible for the overall
13		management and administration of the PSAP.
14		"Public safety telecommunicator" means any person employed
15		in a full-time or part-time capacity at an answering point
16		whose duties or responsibilities include answering, receiving,
17		or transferring an emergency call for dispatch to the
18		appropriate emergency responder.
19		"Public safety telecommunicator supervisor" means any
20		person employed in a full-time or part-time capacity at an
21		answering point or by a 9-1-1 Authority, whose primary duties
22		or responsibilities are to direct, administer, or manage any
23		public safety telecommunicator and whose responsibilities
24		include answering, receiving, or transferring an emergency
25		call for dispatch to the appropriate responders.
26		"Referral" means a 9-1-1 service in which the public

HB5501 Engrossed - 726 - LRB102 24698 AMC 33937 b
1		safety telecommunicator provides the calling party with the
2		telephone number of the appropriate public safety agency or
3		other provider of emergency services.
4		"Regular service" means any telecommunications service,
5		other than advanced service, that is capable of transporting
6		either the subscriber's inter-premises voice
7		telecommunications services to the public switched network or
8		the subscriber's 9-1-1 calls to the public agency.
9		"Relay" means a 9-1-1 service in which the public safety
10		telecommunicator takes the pertinent information from a caller
11		and relays that information to the appropriate public safety
12		agency or other provider of emergency services.
13		"Remit period" means the billing period, one month in
14		duration, for which a wireless carrier remits a surcharge and
15		provides subscriber information by zip code to the Illinois
16		State Police, in accordance with Section 20 of this Act.
17		"Secondary Answering Point" or "SAP" means a location,
18		other than a PSAP, that is able to receive the voice, data, and
19		call back number of E9-1-1 or NG9-1-1 emergency calls
20		transferred from a PSAP and completes the call taking process
21		by dispatching police, medical, fire, or other emergency
22		responders.
23		"Statewide wireless emergency 9-1-1 system" means all
24		areas of the State where an emergency telephone system board
25		has not declared its intention for one or more of its public
26		safety answering points to serve as a primary wireless 9-1-1

HB5501 Engrossed - 727 - LRB102 24698 AMC 33937 b
1		public safety answering point for its jurisdiction. The
2		operator of the statewide wireless emergency 9-1-1 system
3		shall be the Illinois State Police.
4		"System" means the communications equipment and related
5		software applications required to produce a response by the
6		appropriate emergency public safety agency or other provider
7		of emergency services as a result of an emergency call being
8		placed to 9-1-1.
9		"System provider" means the contracted entity providing
10		9-1-1 network and database services.
11		"Telecommunications carrier" means those entities included
12		within the definition specified in Section 13-202 of the
13		Public Utilities Act, and includes those carriers acting as
14		resellers of telecommunications services. "Telecommunications
15		carrier" includes telephone systems operating as mutual
16		concerns. "Telecommunications carrier" does not include a
17		wireless carrier.
18		"Telecommunications technology" means equipment that can
19		send and receive written messages over the telephone network.
20		"Transfer" means a 9-1-1 service in which the public
21		safety telecommunicator, who receives an emergency call,
22		transmits, redirects, or conferences that call to the
23		appropriate public safety agency or other provider of
24		emergency services. "Transfer" Transfer shall not include a
25		relay or referral of the information without transferring the
26		caller.

HB5501 Engrossed - 728 - LRB102 24698 AMC 33937 b
1		"Transmitting messages" shall have the meaning given to
2		that term under Section 8-11-2 of the Illinois Municipal Code.
3		"Trunk line" means a transmission path, or group of
4		transmission paths, connecting a subscriber's PBX to a
5		telecommunications carrier's public switched network. In the
6		case of regular service, each voice grade communications
7		channel or equivalent amount of bandwidth capable of
8		transporting either the subscriber's inter-premises voice
9		telecommunications services to the public switched network or
10		the subscriber's 9-1-1 calls to the public agency shall be
11		considered a trunk line, even if it is bundled with other
12		channels or additional bandwidth. In the case of advanced
13		service, each DS-1, T-1, or other un-channelized or
14		multi-channel transmission facility that is capable of
15		transporting either the subscriber's inter-premises voice
16		telecommunications services to the public switched network or
17		the subscriber's 9-1-1 calls to the public agency shall be
18		considered a single trunk line, even if it contains multiple
19		voice grade communications channels or otherwise supports 2 or
20		more voice grade calls at a time; provided, however, that each
21		additional increment of up to 24 voice grade channels of
22		transmission capacity that is capable of transporting either
23		the subscriber's inter-premises voice telecommunications
24		services to the public switched network or the subscriber's
25		9-1-1 calls to the public agency shall be considered an
26		additional trunk line.

HB5501 Engrossed - 729 - LRB102 24698 AMC 33937 b
1		"Unmanned backup answering point" means an answering point
2		that serves as an alternate to the PSAP at an alternate
3		location and is typically unmanned but can be activated if the
4		primary PSAP is disabled.
5		"Virtual answering point" or "VAP" means a temporary or
6		nonpermanent location that is capable of receiving an
7		emergency call, contains a fully functional worksite that is
8		not bound to a specific location, but rather is portable and
9		scalable, connecting public safety telecommunicators to the
10		work process, and is capable of completing the call
11		dispatching process.
12		"Voice-impaired individual" means a person with a
13		permanent speech disability which precludes oral
14		communication, who can regularly and routinely communicate by
15		telephone only through the aid of devices which can send and
16		receive written messages over the telephone network.
17		"Wireless carrier" means a provider of two-way cellular,
18		broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
19		Mobile Radio Service (CMRS), Wireless Communications Service
20		(WCS), or other Commercial Mobile Radio Service (CMRS), as
21		defined by the Federal Communications Commission, offering
22		radio communications that may provide fixed, mobile, radio
23		location, or satellite communication services to individuals
24		or businesses within its assigned spectrum block and
25		geographical area or that offers real-time, two-way voice
26		service that is interconnected with the public switched

HB5501 Engrossed - 730 - LRB102 24698 AMC 33937 b
1		network, including a reseller of such service.
2		"Wireless enhanced 9-1-1" means the ability to relay the
3		telephone number of the originator of a 9-1-1 call and
4		location information from any mobile handset or text telephone
5		device accessing the wireless system to the designated
6		wireless public safety answering point as set forth in the
7		order of the Federal Communications Commission, FCC Docket No.
8		94-102, adopted June 12, 1996, with an effective date of
9		October 1, 1996, and any subsequent amendment thereto.
10		"Wireless public safety answering point" means the
11		functional division of a 9-1-1 authority accepting wireless
12		9-1-1 calls.
13		"Wireless subscriber" means an individual or entity to
14		whom a wireless service account or number has been assigned by
15		a wireless carrier, other than an account or number associated
16		with prepaid wireless telecommunication service.
17		(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
18		revised 10-5-21.)
19		(50 ILCS 750/7) (from Ch. 134, par. 37)
20		(Section scheduled to be repealed on December 31, 2023)
21		Sec. 7. The General Assembly finds that, because of
22		overlapping jurisdiction of public agencies, public safety
23		agencies, and telephone service areas, the Administrator, with
24		the advice and recommendation of the Statewide 9-1-1 Advisory
25		Board, shall establish a general overview or plan to

HB5501 Engrossed - 731 - LRB102 24698 AMC 33937 b
1		effectuate the purposes of this Act within the time frame
2		provided in this Act. The General Assembly further finds and
3		declares that direct dispatch should be used if possible to
4		shorten the time required for the public to request and
5		receive emergency aid. The Administrator shall minimize the
6		use of transfer, relay, and referral of an emergency call if
7		possible and encourage Backup PSAPs to be able to direct
8		dispatch. Transfer, relay, and referral of an emergency call
9		to an entity other than an answering point or the Illinois
10		State Police shall not be used in response to emergency calls
11		unless exigent circumstances exist. In order to insure that
12		proper preparation and implementation of emergency telephone
13		systems are accomplished by all public agencies as required
14		under this Act, the Illinois State Police, with the advice and
15		assistance of the Attorney General, shall secure compliance by
16		public agencies as provided in this Act.
17		(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
18		revised 10-4-21.)
19		(50 ILCS 750/8) (from Ch. 134, par. 38)
20		(Section scheduled to be repealed on December 31, 2023)
21		Sec. 8. The Administrator, with the advice and
22		recommendation of the Statewide 9-1-1 Advisory Board, shall
23		coordinate the implementation of systems established under
24		this Act. To assist with this coordination, all systems
25		authorized to operate under this Act shall register with the

HB5501 Engrossed - 732 - LRB102 24698 AMC 33937 b
1		Administrator information regarding its composition and
2		organization, including, but not limited to, identification of
3		the 9-1-1 System Manager and all answering points.
4		Decommissioned PSAPs shall not be registered and are not part
5		of the 9-1-1 system in Illinois. The Illinois State Police may
6		adopt rules for the administration of this Section.
7		(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff 8-20-21;
8		revised 10-4-21.)
9		(50 ILCS 750/10) (from Ch. 134, par. 40)
10		(Section scheduled to be repealed on December 31, 2023)
11		Sec. 10. (a) The Administrator, with the advice and
12		recommendation of the Statewide 9-1-1 Advisory Board, shall
13		establish uniform technical and operational standards for all
14		9-1-1 systems in Illinois. All findings, orders, decisions,
15		rules, and regulations issued or promulgated by the Commission
16		under this Act or any other Act establishing or conferring
17		power on the Commission with respect to emergency
18		telecommunications services, shall continue in force.
19		Notwithstanding the provisions of this Section, where
20		applicable, the Administrator shall, with the advice and
21		recommendation of the Statewide 9-1-1 Advisory Board, amend
22		the Commission's findings, orders, decisions, rules, and
23		regulations to conform to the specific provisions of this Act
24		as soon as practicable after the effective date of this
25		amendatory Act of the 99th General Assembly.

HB5501 Engrossed - 733 - LRB102 24698 AMC 33937 b
1		(a-5) All 9-1-1 systems are responsible for complying with
2		the uniform technical and operational standards adopted by the
3		Administrator and the Illinois State Police with the advice
4		and recommendation of the Statewide 9-1-1 Advisory Board.
5		(b) The Illinois State Police may adopt emergency rules
6		necessary to implement the provisions of this amendatory Act
7		of the 99th General Assembly under subsection (t) of Section
8		5-45 of the Illinois Administrative Procedure Act.
9		(c) Nothing in this Act shall deprive the Commission of
10		any authority to regulate the provision by telecommunication
11		carriers or 9-1-1 system service providers of
12		telecommunication or other services under the Public Utilities
13		Act.
14		(d) For rules that implicate both the regulation of 9-1-1
15		authorities under this Act and the regulation of
16		telecommunication carriers and 9-1-1 system service providers
17		under the Public Utilities Act, the Illinois State Police and
18		the Commission may adopt joint rules necessary for
19		implementation.
20		(e) Any findings, orders, or decisions of the
21		Administrator under this Section shall be deemed a final
22		administrative decision and shall be subject to judicial
23		review under the Administrative Review Law.
24		(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
25		revised 10-5-21.)

HB5501 Engrossed - 734 - LRB102 24698 AMC 33937 b
1		(50 ILCS 750/15.6)
2		(Section scheduled to be repealed on December 31, 2023)
3		Sec. 15.6. 9-1-1 service; business service.
4		(a) After June 30, 2000, or within 18 months after 9-1-1
5		service becomes available, any entity that installs or
6		operates a private business switch service and provides
7		telecommunications facilities or services to businesses shall
8		assure that the system is connected to the public switched
9		network in a manner that calls to 9-1-1 result in automatic
10		number and location identification. For buildings having their
11		own street address and containing workspace of 40,000 square
12		feet or less, location identification shall include the
13		building's street address. For buildings having their own
14		street address and containing workspace of more than 40,000
15		square feet, location identification shall include the
16		building's street address and one distinct location
17		identification per 40,000 square feet of workspace. Separate
18		buildings containing workspace of 40,000 square feet or less
19		having a common public street address shall have a distinct
20		location identification for each building in addition to the
21		street address.
22		(b) Exemptions. Buildings containing workspace of more
23		than 40,000 square feet are exempt from the multiple location
24		identification requirements of subsection (a) if the building
25		maintains, at all times, alternative and adequate means of
26		signaling and responding to emergencies. Those means shall

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1		include, but not be limited to, a telephone system that
2		provides the physical location of 9-1-1 calls coming from
3		within the building. Health care facilities are presumed to
4		meet the requirements of this paragraph if the facilities are
5		staffed with medical or nursing personnel 24 hours per day and
6		if an alternative means of providing information about the
7		source of an emergency call exists. Buildings under this
8		exemption must provide 9-1-1 service that provides the
9		building's street address.
10		Buildings containing workspace of more than 40,000 square
11		feet are exempt from subsection (a) if the building maintains,
12		at all times, alternative and adequate means of signaling and
13		responding to emergencies, including a telephone system that
14		provides the location of a 9-1-1 call coming from within the
15		building, and the building is serviced by its own medical,
16		fire and security personnel. Buildings under this exemption
17		are subject to emergency phone system certification by the
18		Administrator.
19		Buildings in communities not serviced by 9-1-1 service are
20		exempt from subsection (a).
21		Correctional institutions and facilities, as defined in
22		subsection (d) of Section 3-1-2 of the Unified Code of
23		Corrections, are exempt from subsection (a).
24		(c) This Act does not apply to any PBX telephone extension
25		that uses radio transmissions to convey electrical signals
26		directly between the telephone extension and the serving PBX.

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1		(d) An entity that violates this Section is guilty of a
2		business offense and shall be fined not less than $1,000 and
3		not more than $5,000.
4		(e) Nothing in this Section shall be construed to preclude
5		the Attorney General on behalf of the Illinois State Police or
6		on his or her own initiative, or any other interested person,
7		from seeking judicial relief, by mandamus, injunction, or
8		otherwise, to compel compliance with this Section.
9		(f) The Illinois State Police may promulgate rules for the
10		administration of this Section.
11		(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
12		revised 10-14-21.)
13		(50 ILCS 750/15.6a)
14		(Section scheduled to be repealed on December 31, 2023)
15		Sec. 15.6a. Wireless emergency 9-1-1 service.
16		(a) The digits "9-1-1" shall be the designated emergency
17		telephone number within the wireless system.
18		(b) The Illinois State Police may set non-discriminatory
19		and uniform technical and operational standards consistent
20		with the rules of the Federal Communications Commission for
21		directing calls to authorized public safety answering points.
22		These standards shall not in any way prescribe the technology
23		or manner a wireless carrier shall use to deliver wireless
24		9-1-1 or wireless E9-1-1 calls, and these standards shall not
25		exceed the requirements set by the Federal Communications

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1		Commission; however, standards for directing calls to the
2		authorized public safety answering point shall be included.
3		The authority given to the Illinois State Police in this
4		Section is limited to setting standards as set forth herein
5		and does not constitute authority to regulate wireless
6		carriers.
7		(c) For the purpose of providing wireless 9-1-1 emergency
8		services, an emergency telephone system board may declare its
9		intention for one or more of its public safety answering
10		points to serve as a primary wireless 9-1-1 public safety
11		answering point for its jurisdiction by notifying the
12		Administrator in writing within 6 months after receiving its
13		authority to operate a 9-1-1 system under this Act. In
14		addition, 2 or more emergency telephone system boards may, by
15		virtue of an intergovernmental agreement, provide wireless
16		9-1-1 service. Until the jurisdiction comes into compliance
17		with Section 15.4a of this Act, the Illinois State Police
18		shall be the primary wireless 9-1-1 public safety answering
19		point for any jurisdiction that did not provide notice to the
20		Illinois Commerce Commission and the Illinois State Police
21		prior to January 1, 2016.
22		(d) The Administrator, upon a request from an emergency
23		telephone system board and with the advice and recommendation
24		of the Statewide 9-1-1 Advisory Board, may grant authority to
25		the emergency telephone system board to provide wireless 9-1-1
26		service in areas for which the Illinois State Police has

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1		accepted wireless 9-1-1 responsibility. The Administrator
2		shall maintain a current list of all 9-1-1 systems providing
3		wireless 9-1-1 service under this Act.
4		(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
5		revised 10-14-21.)
6		(50 ILCS 750/15.6b)
7		(Section scheduled to be repealed on December 31, 2023)
8		Sec. 15.6b. Next Generation 9-1-1 service.
9		(a) The Administrator, with the advice and recommendation
10		of the Statewide 9-1-1 Advisory Board, shall develop and
11		implement a plan for a statewide Next Generation 9-1-1
12		network. The Next Generation 9-1-1 network must be an Internet
13		protocol-based platform that at a minimum provides:
14		(1) improved 9-1-1 call delivery;
15		(2) enhanced interoperability;
16		(3) increased ease of communication between 9-1-1
17		service providers, allowing immediate transfer of 9-1-1
18		calls, caller information, photos, and other data
19		statewide;
20		(4) a hosted solution with redundancy built in; and
21		(5) compliance with the most current NENA Standards.
22		(b) By July 1, 2016, the Administrator, with the advice
23		and recommendation of the Statewide 9-1-1 Advisory Board,
24		shall design and issue a competitive request for a proposal to
25		secure the services of a consultant to complete a feasibility

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1		study on the implementation of a statewide Next Generation
2		9-1-1 network in Illinois. By July 1, 2017, the consultant
3		shall complete the feasibility study and make recommendations
4		as to the appropriate procurement approach for developing a
5		statewide Next Generation 9-1-1 network.
6		(c) Within 12 months of the final report from the
7		consultant under subsection (b) of this Section, the Illinois
8		State Police shall procure and finalize a contract with a
9		vendor certified under Section 13-900 of the Public Utilities
10		Act to establish a statewide Next Generation 9-1-1 network.
11		The Illinois State Police, in consultation with and subject to
12		the approval of the Chief Procurement Officer, may procure a
13		single contract or multiple contracts to implement the
14		provisions of this Section. A contract or contracts under this
15		subsection are not subject to the provisions of the Illinois
16		Procurement Code, except for Sections 20-60, 20-65, 20-70, and
17		20-160 and Article 50 of that Code, provided that the Chief
18		Procurement Officer may, in writing with justification, waive
19		any certification required under Article 50 of the Illinois
20		Procurement Code. This exemption is inoperative 2 years from
21		June 3, 2021 (the effective date of Public Act 102-9) this
22		Amendatory Act of the 102nd General Assembly. Within 18 months
23		of securing the contract, the vendor shall implement a Next
24		Generation 9-1-1 network that allows 9-1-1 systems providing
25		9-1-1 service to Illinois residents to access the system
26		utilizing their current infrastructure if it meets the

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1		standards adopted by the Illinois State Police.
2		(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
3		102-538, eff. 8-20-21; revised 10-12-21.)
4		(50 ILCS 750/17.5)
5		(Section scheduled to be repealed on December 31, 2023)
6		Sec. 17.5. Statewide 9-1-1 Call Directory.
7		(a) The General Assembly finds the following:
8		(1) Some 9-1-1 systems throughout this State do not
9		have a procedure in place to manually transfer 9-1-1 calls
10		originating within one 9-1-1 system's jurisdiction, but
11		which should properly be answered and dispatched by
12		another 9-1-1 system, to the appropriate 9-1-1 system for
13		answering and dispatch of first responders.
14		(2) On January 1, 2016, the General Assembly gave
15		oversight authority of 9-1-1 systems to the Illinois State
16		Police.
17		(3) Since that date, the Illinois State Police has
18		authorized individual 9-1-1 systems in counties and
19		municipalities to implement and upgrade 9-1-1 systems
20		throughout the State.
21		(b) The Illinois State Police shall prepare a directory of
22		all authorized 9-1-1 systems in the State. The directory shall
23		include an emergency 24/7 10-digit telephone number for all
24		primary public safety answering points located in each 9-1-1
25		system to which 9-1-1 calls from another jurisdiction can be

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1		transferred. This directory shall be made available to each
2		9-1-1 authority for its use in establishing standard operating
3		procedures regarding calls outside its 9-1-1 jurisdiction.
4		(c) Each 9-1-1 system shall provide the Illinois State
5		Police with the following information:
6		(1) The name of the PSAP, a list of every
7		participating agency, and the county the PSAP is in,
8		including college and university public safety entities.
9		(2) The 24/7 10-digit emergency telephone number for
10		the dispatch agency to which 9-1-1 calls originating in
11		another 9-1-1 jurisdiction can be transferred to exchange
12		information. The emergency telephone number must be a
13		direct line that is not answered by an automated system
14		but rather is answered by a person. Each 9-1-1 system
15		shall provide the Illinois State Police with any changes
16		to the participating agencies and this number immediately
17		upon the change occurring. Each 9-1-1 system shall provide
18		the PSAP information and the 24/7 10-digit emergency
19		telephone number Illinois State Police's within 30 days of
20		June 3, 2021 (the effective date of Public Act 102-9) this
21		amendatory Act of the 102nd General Assembly.
22		(3) The standard operating procedure describing the
23		manner in which the 9-1-1 system will transfer 9-1-1 calls
24		originating within its jurisdiction, but which should
25		properly be answered and dispatched by another 9-1-1
26		system, to the appropriate 9-1-1 system. Each 9-1-1 system

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1		shall provide the standard operating procedures to the
2		Manager of the Illinois State Police's 9-1-1 Program
3		within 180 days after July 1, 2017 (the effective date of
4		Public Act 100-20) this amendatory Act of the 100th
5		General Assembly.
6		(d) Unless exigent circumstances dictate otherwise, each
7		9-1-1 system's public safety telecommunicators shall be
8		responsible for remaining on the line with the caller when a
9		9-1-1 call originates within its jurisdiction to ensure the
10		9-1-1 call is transferred to the appropriate authorized entity
11		for answer and dispatch until a public safety telecommunicator
12		is on the line and confirms jurisdiction for the call.
13		(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
14		revised 10-15-21.)
15		(50 ILCS 750/19)
16		(Section scheduled to be repealed on December 31, 2023)
17		Sec. 19. Statewide 9-1-1 Advisory Board.
18		(a) Beginning July 1, 2015, there is created the Statewide
19		9-1-1 Advisory Board within the Illinois State Police. The
20		Board shall consist of the following 11 voting members:
21		(1) The Director of the Illinois State Police, or his
22		or her designee, who shall serve as chairman.
23		(2) The Executive Director of the Commission, or his
24		or her designee.
25		(3) Members Nine members appointed by the Governor as

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1		follows:
2		(A) one member representing the Illinois chapter
3		of the National Emergency Number Association, or his
4		or her designee;
5		(B) one member representing the Illinois chapter
6		of the Association of Public-Safety Communications
7		Officials, or his or her designee;
8		(C) one member representing a county 9-1-1 system
9		from a county with a population of less than 37,000;
10		(C-5) one member representing a county 9-1-1
11		system from a county with a population between 37,000
12		and 100,000;
13		(D) one member representing a county 9-1-1 system
14		from a county with a population between 100,001 and
15		250,000;
16		(E) one member representing a county 9-1-1 system
17		from a county with a population of more than 250,000;
18		(F) one member representing a municipal or
19		intergovernmental cooperative 9-1-1 system, excluding
20		any single municipality with a population over
21		500,000;
22		(G) one member representing the Illinois
23		Association of Chiefs of Police;
24		(H) one member representing the Illinois Sheriffs'
25		Association; and
26		(I) one member representing the Illinois Fire

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1		Chiefs Association.
2		The Governor shall appoint the following non-voting
3		members: (i) one member representing an incumbent local
4		exchange 9-1-1 system provider; (ii) one member representing a
5		non-incumbent local exchange 9-1-1 system provider; (iii) one
6		member representing a large wireless carrier; (iv) one member
7		representing an incumbent local exchange carrier; (v) one
8		member representing the Illinois Broadband and
9		Telecommunications Association; (vi) one member representing
10		the Illinois Broadband and Cable Association; and (vii) one
11		member representing the Illinois State Ambulance Association.
12		The Speaker of the House of Representatives, the Minority
13		Leader of the House of Representatives, the President of the
14		Senate, and the Minority Leader of the Senate may each appoint
15		a member of the General Assembly to temporarily serve as a
16		non-voting member of the Board during the 12 months prior to
17		the repeal date of this Act to discuss legislative initiatives
18		of the Board.
19		(b) The Governor shall make initial appointments to the
20		Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
21		voting members appointed by the Governor shall serve an
22		initial term of 2 years, and the remaining voting members
23		appointed by the Governor shall serve an initial term of 3
24		years. Thereafter, each appointment by the Governor shall be
25		for a term of 3 years. Non-voting members shall serve for a
26		term of 3 years. Vacancies shall be filled in the same manner

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1		as the original appointment. Persons appointed to fill a
2		vacancy shall serve for the balance of the unexpired term.
3		Members of the Statewide 9-1-1 Advisory Board shall serve
4		without compensation.
5		(c) The 9-1-1 Services Advisory Board, as constituted on
6		June 1, 2015 without the legislative members, shall serve in
7		the role of the Statewide 9-1-1 Advisory Board until all
8		appointments of voting members have been made by the Governor
9		under subsection (a) of this Section.
10		(d) The Statewide 9-1-1 Advisory Board shall:
11		(1) advise the Illinois State Police and the Statewide
12		9-1-1 Administrator on the oversight of 9-1-1 systems and
13		the development and implementation of a uniform statewide
14		9-1-1 system;
15		(2) make recommendations to the Governor and the
16		General Assembly regarding improvements to 9-1-1 services
17		throughout the State; and
18		(3) exercise all other powers and duties provided in
19		this Act.
20		(e) The Statewide 9-1-1 Advisory Board shall submit to the
21		General Assembly a report by March 1 of each year providing an
22		update on the transition to a statewide 9-1-1 system and
23		recommending any legislative action.
24		(f) The Illinois State Police shall provide administrative
25		support to the Statewide 9-1-1 Advisory Board.
26		(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;

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1		revised 10-15-21.)
2		(50 ILCS 750/20)
3		(Section scheduled to be repealed on December 31, 2023)
4		Sec. 20. Statewide surcharge.
5		(a) On and after January 1, 2016, and except with respect
6		to those customers who are subject to surcharges as provided
7		in Sections 15.3 and 15.3a of this Act, a monthly surcharge
8		shall be imposed on all customers of telecommunications
9		carriers and wireless carriers as follows:
10		(1) Each telecommunications carrier shall impose a
11		monthly surcharge per network connection; provided,
12		however, the monthly surcharge shall not apply to a
13		network connection provided for use with pay telephone
14		services. Where multiple voice grade communications
15		channels are connected between the subscriber's premises
16		and a public switched network through private branch
17		exchange (PBX), Centrex type service, or other multiple
18		voice grade communication channels facility, there shall
19		be imposed 5 such surcharges per network connection for
20		both regular service and advanced service provisioned
21		trunk lines. Until December 31, 2017, the surcharge shall
22		be $0.87 per network connection and on and after January
23		1, 2018, the surcharge shall be $1.50 per network
24		connection.
25		(2) Each wireless carrier shall impose and collect a

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1		monthly surcharge per CMRS connection that either has a
2		telephone number within an area code assigned to Illinois
3		by the North American Numbering Plan Administrator or has
4		a billing address in this State. Until December 31, 2017,
5		the surcharge shall be $0.87 per connection and on and
6		after January 1, 2018, the surcharge shall be $1.50 per
7		connection.
8		(b) State and local taxes shall not apply to the
9		surcharges imposed under this Section.
10		(c) The surcharges imposed by this Section shall be stated
11		as a separately stated item on subscriber bills.
12		(d) The telecommunications carrier collecting the
13		surcharge may deduct and retain 1.74% of the gross amount of
14		surcharge collected to reimburse the telecommunications
15		carrier for the expense of accounting and collecting the
16		surcharge. On and after July 1, 2022, the wireless carrier
17		collecting a surcharge under this Section may deduct and
18		retain 1.74% of the gross amount of the surcharge collected to
19		reimburse the wireless carrier for the expense of accounting
20		and collecting the surcharge.
21		(d-5) Notwithstanding the provisions of subsection (d) of
22		this Section, an amount not greater than 2.5% may be deducted
23		and retained if the telecommunications or wireless carrier can
24		support, through documentation, expenses that exceed the 1.74%
25		allowed. The documentation shall be submitted to the Illinois
26		State Police and input obtained from the Statewide 9-1-1

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1		Advisory Board prior to approval of the deduction.
2		(e) Surcharges imposed under this Section shall be
3		collected by the carriers and shall be remitted to the
4		Illinois State Police, either by check or electronic funds
5		transfer, by the end of the next calendar month after the
6		calendar month in which it was collected for deposit into the
7		Statewide 9-1-1 Fund. Carriers are not required to remit
8		surcharge moneys that are billed to subscribers but not yet
9		collected.
10		The first remittance by wireless carriers shall include
11		the number of subscribers by zip code, and the 9-digit zip code
12		if currently being used or later implemented by the carrier,
13		that shall be the means by which the Illinois State Police
14		shall determine distributions from the Statewide 9-1-1 Fund.
15		This information shall be updated at least once each year. Any
16		carrier that fails to provide the zip code information
17		required under this subsection (e) shall be subject to the
18		penalty set forth in subsection (g) of this Section.
19		(f) If, within 8 calendar days after it is due under
20		subsection (e) of this Section, a carrier does not remit the
21		surcharge or any portion thereof required under this Section,
22		then the surcharge or portion thereof shall be deemed
23		delinquent until paid in full, and the Illinois State Police
24		may impose a penalty against the carrier in an amount equal to
25		the greater of:
26		(1) $25 for each month or portion of a month from the

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1		time an amount becomes delinquent until the amount is paid
2		in full; or
3		(2) an amount equal to the product of 1% and the sum of
4		all delinquent amounts for each month or portion of a
5		month that the delinquent amounts remain unpaid.
6		A penalty imposed in accordance with this subsection (f)
7		for a portion of a month during which the carrier pays the
8		delinquent amount in full shall be prorated for each day of
9		that month that the delinquent amount was paid in full. Any
10		penalty imposed under this subsection (f) is in addition to
11		the amount of the delinquency and is in addition to any other
12		penalty imposed under this Section.
13		(g) If, within 8 calendar days after it is due, a wireless
14		carrier does not provide the number of subscribers by zip code
15		as required under subsection (e) of this Section, then the
16		report is deemed delinquent and the Illinois State Police may
17		impose a penalty against the carrier in an amount equal to the
18		greater of:
19		(1) $25 for each month or portion of a month that the
20		report is delinquent; or
21		(2) an amount equal to the product of $0.01 and the
22		number of subscribers served by the carrier for each month
23		or portion of a month that the delinquent report is not
24		provided.
25		A penalty imposed in accordance with this subsection (g)
26		for a portion of a month during which the carrier provides the

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1		number of subscribers by zip code as required under subsection
2		(e) of this Section shall be prorated for each day of that
3		month during which the carrier had not provided the number of
4		subscribers by zip code as required under subsection (e) of
5		this Section. Any penalty imposed under this subsection (g) is
6		in addition to any other penalty imposed under this Section.
7		(h) A penalty imposed and collected in accordance with
8		subsection (f) or (g) of this Section shall be deposited into
9		the Statewide 9-1-1 Fund for distribution according to Section
10		30 of this Act.
11		(i) The Illinois State Police may enforce the collection
12		of any delinquent amount and any penalty due and unpaid under
13		this Section by legal action or in any other manner by which
14		the collection of debts due the State of Illinois may be
15		enforced under the laws of this State. The Illinois State
16		Police may excuse the payment of any penalty imposed under
17		this Section if the Administrator determines that the
18		enforcement of this penalty is unjust.
19		(j) Notwithstanding any provision of law to the contrary,
20		nothing shall impair the right of wireless carriers to recover
21		compliance costs for all emergency communications services
22		that are not reimbursed out of the Wireless Carrier
23		Reimbursement Fund directly from their wireless subscribers by
24		line-item charges on the wireless subscriber's bill. Those
25		compliance costs include all costs incurred by wireless
26		carriers in complying with local, State, and federal

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1		regulatory or legislative mandates that require the
2		transmission and receipt of emergency communications to and
3		from the general public, including, but not limited to,
4		E9-1-1.
5		(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
6		revised 10-26-21.)
7		(50 ILCS 750/30)
8		(Section scheduled to be repealed on December 31, 2023)
9		Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
10		(a) A special fund in the State treasury known as the
11		Wireless Service Emergency Fund shall be renamed the Statewide
12		9-1-1 Fund. Any appropriations made from the Wireless Service
13		Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
14		The Fund shall consist of the following:
15		(1) 9-1-1 wireless surcharges assessed under the
16		Wireless Emergency Telephone Safety Act.
17		(2) 9-1-1 surcharges assessed under Section 20 of this
18		Act.
19		(3) Prepaid wireless 9-1-1 surcharges assessed under
20		Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
21		(4) Any appropriations, grants, or gifts made to the
22		Fund.
23		(5) Any income from interest, premiums, gains, or
24		other earnings on moneys in the Fund.
25		(6) Money from any other source that is deposited in

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1		or transferred to the Fund.
2		(b) Subject to appropriation and availability of funds,
3		the Illinois State Police shall distribute the 9-1-1
4		surcharges monthly as follows:
5		(1) From each surcharge collected and remitted under
6		Section 20 of this Act:
7		(A) $0.013 shall be distributed monthly in equal
8		amounts to each County Emergency Telephone System
9		Board in counties with a population under 100,000
10		according to the most recent census data which is
11		authorized to serve as a primary wireless 9-1-1 public
12		safety answering point for the county and to provide
13		wireless 9-1-1 service as prescribed by subsection (b)
14		of Section 15.6a of this Act, and which does provide
15		such service.
16		(B) $0.033 shall be transferred by the Comptroller
17		at the direction of the Illinois State Police to the
18		Wireless Carrier Reimbursement Fund until June 30,
19		2017; from July 1, 2017 through June 30, 2018, $0.026
20		shall be transferred; from July 1, 2018 through June
21		30, 2019, $0.020 shall be transferred; from July 1,
22		2019, through June 30, 2020, $0.013 shall be
23		transferred; from July 1, 2020 through June 30, 2021,
24		$0.007 will be transferred; and after June 30, 2021,
25		no transfer shall be made to the Wireless Carrier
26		Reimbursement Fund.

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1		(C) Until December 31, 2017, $0.007 and on and
2		after January 1, 2018, $0.017 shall be used to cover
3		the Illinois State Police's administrative costs.
4		(D) Beginning January 1, 2018, until June 30,
5		2020, $0.12, and on and after July 1, 2020, $0.04 shall
6		be used to make monthly proportional grants to the
7		appropriate 9-1-1 Authority currently taking wireless
8		9-1-1 based upon the United States Postal Zip Code of
9		the billing addresses of subscribers wireless
10		carriers.
11		(E) Until June 30, 2023, $0.05 shall be used by the
12		Illinois State Police for grants for NG9-1-1 expenses,
13		with priority given to 9-1-1 Authorities that provide
14		9-1-1 service within the territory of a Large Electing
15		Provider as defined in Section 13-406.1 of the Public
16		Utilities Act.
17		(F) On and after July 1, 2020, $0.13 shall be used
18		for the implementation of and continuing expenses for
19		the Statewide NG9-1-1 system.
20		(2) After disbursements under paragraph (1) of this
21		subsection (b), all remaining funds in the Statewide 9-1-1
22		Fund shall be disbursed in the following priority order:
23		(A) The Fund shall pay monthly to:
24		(i) the 9-1-1 Authorities that imposed
25		surcharges under Section 15.3 of this Act and were
26		required to report to the Illinois Commerce

HB5501 Engrossed - 754 - LRB102 24698 AMC 33937 b
1		Commission under Section 27 of the Wireless
2		Emergency Telephone Safety Act on October 1, 2014,
3		except a 9-1-1 Authority in a municipality with a
4		population in excess of 500,000, an amount equal
5		to the average monthly wireline and VoIP surcharge
6		revenue attributable to the most recent 12-month
7		period reported to the Illinois State Police under
8		that Section for the October 1, 2014 filing,
9		subject to the power of the Illinois State Police
10		to investigate the amount reported and adjust the
11		number by order under Article X of the Public
12		Utilities Act, so that the monthly amount paid
13		under this item accurately reflects one-twelfth of
14		the aggregate wireline and VoIP surcharge revenue
15		properly attributable to the most recent 12-month
16		period reported to the Commission; or
17		(ii) county qualified governmental entities
18		that did not impose a surcharge under Section 15.3
19		as of December 31, 2015, and counties that did not
20		impose a surcharge as of June 30, 2015, an amount
21		equivalent to their population multiplied by .37
22		multiplied by the rate of $0.69; counties that are
23		not county qualified governmental entities and
24		that did not impose a surcharge as of December 31,
25		2015, shall not begin to receive the payment
26		provided for in this subsection until E9-1-1 and

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1		wireless E9-1-1 services are provided within their
2		counties; or
3		(iii) counties without 9-1-1 service that had
4		a surcharge in place by December 31, 2015, an
5		amount equivalent to their population multiplied
6		by .37 multiplied by their surcharge rate as
7		established by the referendum.
8		(B) All 9-1-1 network costs for systems outside of
9		municipalities with a population of at least 500,000
10		shall be paid by the Illinois State Police directly to
11		the vendors.
12		(C) All expenses incurred by the Administrator and
13		the Statewide 9-1-1 Advisory Board and costs
14		associated with procurement under Section 15.6b
15		including requests for information and requests for
16		proposals.
17		(D) Funds may be held in reserve by the Statewide
18		9-1-1 Advisory Board and disbursed by the Illinois
19		State Police for grants under Section 15.4b of this
20		Act and for NG9-1-1 expenses up to $12.5 million per
21		year in State fiscal years 2016 and 2017; up to $20
22		million in State fiscal year 2018; up to $20.9 million
23		in State fiscal year 2019; up to $15.3 million in State
24		fiscal year 2020; up to $16.2 million in State fiscal
25		year 2021; up to $23.1 million in State fiscal year
26		2022; and up to $17.0 million per year for State fiscal

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1		year 2023 and each year thereafter. The amount held in
2		reserve in State fiscal years 2021, 2022, and 2023
3		shall not be less than $6.5 million. Disbursements
4		under this subparagraph (D) shall be prioritized as
5		follows: (i) consolidation grants prioritized under
6		subsection (a) of Section 15.4b of this Act; (ii)
7		NG9-1-1 expenses; and (iii) consolidation grants under
8		Section 15.4b of this Act for consolidation expenses
9		incurred between January 1, 2010, and January 1, 2016.
10		(E) All remaining funds per remit month shall be
11		used to make monthly proportional grants to the
12		appropriate 9-1-1 Authority currently taking wireless
13		9-1-1 based upon the United States Postal Zip Code of
14		the billing addresses of subscribers of wireless
15		carriers.
16		(c) The moneys deposited into the Statewide 9-1-1 Fund
17		under this Section shall not be subject to administrative
18		charges or chargebacks unless otherwise authorized by this
19		Act.
20		(d) Whenever two or more 9-1-1 Authorities consolidate,
21		the resulting Joint Emergency Telephone System Board shall be
22		entitled to the monthly payments that had theretofore been
23		made to each consolidating 9-1-1 Authority. Any reserves held
24		by any consolidating 9-1-1 Authority shall be transferred to
25		the resulting Joint Emergency Telephone System Board. Whenever
26		a county that has no 9-1-1 service as of January 1, 2016 enters

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1		into an agreement to consolidate to create or join a Joint
2		Emergency Telephone System Board, the Joint Emergency
3		Telephone System Board shall be entitled to the monthly
4		payments that would have otherwise been paid to the county if
5		it had provided 9-1-1 service.
6		(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
7		102-538, eff. 8-20-21; revised 10-5-21.)
8		(50 ILCS 750/40)
9		(Section scheduled to be repealed on December 31, 2023)
10		Sec. 40. Financial reports.
11		(a) The Illinois State Police shall create uniform
12		accounting procedures, with such modification as may be
13		required to give effect to statutory provisions applicable
14		only to municipalities with a population in excess of 500,000,
15		that any emergency telephone system board or unit of local
16		government receiving surcharge money pursuant to Section 15.3,
17		15.3a, or 30 of this Act must follow.
18		(b) By January 31, 2018, and every January 31 thereafter,
19		each emergency telephone system board or unit of local
20		government receiving surcharge money pursuant to Section 15.3,
21		15.3a, or 30 shall report to the Illinois State Police audited
22		financial statements showing total revenue and expenditures
23		for the period beginning with the end of the period covered by
24		the last submitted report through the end of the previous
25		calendar year in a form and manner as prescribed by the

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1		Illinois State Police. Such financial information shall
2		include:
3		(1) a detailed summary of revenue from all sources
4		including, but not limited to, local, State, federal, and
5		private revenues, and any other funds received;
6		(2) all expenditures made during the reporting period
7		from distributions under this Act;
8		(3) call data and statistics, when available, from the
9		reporting period, as specified by the Illinois State
10		Police and collected in accordance with any reporting
11		method established or required by the Illinois State
12		Police;
13		(4) all costs associated with dispatching appropriate
14		public safety agencies to respond to 9-1-1 calls received
15		by the PSAP; and
16		(5) all funding sources and amounts of funding used
17		for costs described in paragraph (4) of this subsection
18		(b).
19		The emergency telephone system board or unit of local
20		government is responsible for any costs associated with
21		auditing such financial statements. The Illinois State Police
22		shall post the audited financial statements on the Illinois
23		State Police's website.
24		(c) Along with its audited financial statement, each
25		emergency telephone system board or unit of local government
26		receiving a grant under Section 15.4b of this Act shall

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1		include a report of the amount of grant moneys received and how
2		the grant moneys were used. In case of a conflict between this
3		requirement and the Grant Accountability and Transparency Act,
4		or with the rules of the Governor's Office of Management and
5		Budget adopted thereunder, that Act and those rules shall
6		control.
7		(d) If an emergency telephone system board that receives
8		funds from the Statewide 9-1-1 Fund fails to file the 9-1-1
9		system financial reports as required under this Section, the
10		Illinois State Police shall suspend and withhold monthly
11		disbursements otherwise due to the emergency telephone system
12		board under Section 30 of this Act until the report is filed.
13		Any monthly disbursements that have been withheld for 12
14		months or more shall be forfeited by the emergency telephone
15		system board and shall be distributed proportionally by the
16		Illinois State Police to compliant emergency telephone system
17		boards that receive funds from the Statewide 9-1-1 Fund.
18		Any emergency telephone system board not in compliance
19		with this Section shall be ineligible to receive any
20		consolidation grant or infrastructure grant issued under this
21		Act.
22		(e) The Illinois State Police may adopt emergency rules
23		necessary to implement the provisions of this Section.
24		(f) Any findings or decisions of the Illinois State Police
25		under this Section shall be deemed a final administrative
26		decision and shall be subject to judicial review under the

HB5501 Engrossed - 760 - LRB102 24698 AMC 33937 b
1		Administrative Review Law.
2		(g) Beginning October 1, 2017, the Illinois State Police
3		shall provide a quarterly report to the Statewide 9-1-1
4		Advisory Board of its expenditures from the Statewide 9-1-1
5		Fund for the prior fiscal quarter.
6		(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
7		revised 10-18-21.)
8		Section 290. The Counties Code is amended by changing
9		Sections 3-9008 and 5-1069.3 and by setting forth,
10		renumbering, and changing multiple versions of Section 5-1186
11		as follows:
12		(55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
13		Sec. 3-9008. Appointment of attorney to perform duties.
14		(a) (Blank).
15		(a-5) The court on its own motion, or an interested person
16		in a cause or proceeding, civil or criminal, may file a
17		petition alleging that the State's Attorney is sick, absent,
18		or unable to fulfill the State's Attorney's duties. The court
19		shall consider the petition, any documents filed in response,
20		and if necessary, grant a hearing to determine whether the
21		State's Attorney is sick, absent, or otherwise unable to
22		fulfill the State's Attorney's duties. If the court finds that
23		the State's Attorney is sick, absent, or otherwise unable to
24		fulfill the State's Attorney's duties, the court may appoint

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1		some competent attorney to prosecute or defend the cause or
2		proceeding.
3		(a-10) The court on its own motion, or an interested
4		person in a cause, proceeding, or other matter arising under
5		the State's Attorney's duties, civil or criminal, may file a
6		petition alleging that the State's Attorney has an actual
7		conflict of interest in the cause, proceeding, or other
8		matter. The court shall consider the petition, any documents
9		filed in response, and if necessary, grant a hearing to
10		determine whether the State's Attorney has an actual conflict
11		of interest in the cause, proceeding, or other matter. If the
12		court finds that the petitioner has proven by sufficient facts
13		and evidence that the State's Attorney has an actual conflict
14		of interest in a specific case, the court may appoint some
15		competent attorney to prosecute or defend the cause,
16		proceeding, or other matter.
17		(a-15) Notwithstanding subsections (a-5) and (a-10) of
18		this Section, the State's Attorney may file a petition to
19		recuse the State's Attorney from a cause or proceeding for any
20		other reason the State's Attorney deems appropriate and the
21		court shall appoint a special prosecutor as provided in this
22		Section.
23		(a-20) Prior to appointing a private attorney under this
24		Section, the court shall contact public agencies, including,
25		but not limited to, the Office of Attorney General, Office of
26		the State's Attorneys Appellate Prosecutor, or local State's

HB5501 Engrossed - 762 - LRB102 24698 AMC 33937 b
1		Attorney's Offices throughout the State, to determine a public
2		prosecutor's availability to serve as a special prosecutor at
3		no cost to the county and shall appoint a public agency if they
4		are able and willing to accept the appointment. An attorney so
5		appointed shall have the same power and authority in relation
6		to the cause or proceeding as the State's Attorney would have
7		if present and attending to the cause or proceedings.
8		(b) In case of a vacancy of more than one year occurring in
9		any county in the office of State's attorney, by death,
10		resignation or otherwise, and it becomes necessary for the
11		transaction of the public business, that some competent
12		attorney act as State's attorney in and for such county during
13		the period between the time of the occurrence of such vacancy
14		and the election and qualification of a State's attorney, as
15		provided by law, the vacancy shall be filled upon the written
16		request of a majority of the circuit judges of the circuit in
17		which is located the county where such vacancy exists, by
18		appointment as provided in the Election Code of some competent
19		attorney to perform and discharge all the duties of a State's
20		attorney in the said county, such appointment and all
21		authority thereunder to cease upon the election and
22		qualification of a State's attorney, as provided by law. Any
23		attorney appointed for any reason under this Section shall
24		possess all the powers and discharge all the duties of a
25		regularly elected State's attorney under the laws of the State
26		to the extent necessary to fulfill the purpose of such

HB5501 Engrossed - 763 - LRB102 24698 AMC 33937 b
1		appointment, and shall be paid by the county the State's
2		Attorney serves not to exceed in any one period of 12 months,
3		for the reasonable amount of time actually expended in
4		carrying out the purpose of such appointment, the same
5		compensation as provided by law for the State's attorney of
6		the county, apportioned, in the case of lesser amounts of
7		compensation, as to the time of service reasonably and
8		actually expended. The county shall participate in all
9		agreements on the rate of compensation of a special
10		prosecutor.
11		(c) An order granting authority to a special prosecutor
12		must be construed strictly and narrowly by the court. The
13		power and authority of a special prosecutor shall not be
14		expanded without prior notice to the county. In the case of the
15		proposed expansion of a special prosecutor's power and
16		authority, a county may provide the court with information on
17		the financial impact of an expansion on the county. Prior to
18		the signing of an order requiring a county to pay for
19		attorney's fees or litigation expenses, the county shall be
20		provided with a detailed copy of the invoice describing the
21		fees, and the invoice shall include all activities performed
22		in relation to the case and the amount of time spent on each
23		activity.
24		(Source: P.A. 102-56, eff. 7-9-21; 102-657, eff. 1-1-22;
25		revised 10-18-21.)

HB5501 Engrossed - 764 - LRB102 24698 AMC 33937 b
1		(55 ILCS 5/5-1069.3)
2		Sec. 5-1069.3. Required health benefits. If a county,
3		including a home rule county, is a self-insurer for purposes
4		of providing health insurance coverage for its employees, the
5		coverage shall include coverage for the post-mastectomy care
6		benefits required to be covered by a policy of accident and
7		health insurance under Section 356t and the coverage required
8		under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
9		356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
10		356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
11		356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
12		356z.45, 356z.46, 356z.47, 356z.48, and 356z.51 and 356z.43 of
13		the Illinois Insurance Code. The coverage shall comply with
14		Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
15		Insurance Code. The Department of Insurance shall enforce the
16		requirements of this Section. The requirement that health
17		benefits be covered as provided in this Section is an
18		exclusive power and function of the State and is a denial and
19		limitation under Article VII, Section 6, subsection (h) of the
20		Illinois Constitution. A home rule county to which this
21		Section applies must comply with every provision of this
22		Section.
23		Rulemaking authority to implement Public Act 95-1045, if
24		any, is conditioned on the rules being adopted in accordance
25		with all provisions of the Illinois Administrative Procedure
26		Act and all rules and procedures of the Joint Committee on

HB5501 Engrossed - 765 - LRB102 24698 AMC 33937 b
1		Administrative Rules; any purported rule not so adopted, for
2		whatever reason, is unauthorized.
3		(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
4		101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
5		1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
6		eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
7		102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised
8		10-26-21.)
9		(55 ILCS 5/5-1186)
10		Sec. 5-1186. Kane County criminal courts complex drug
11		treatment center. Notwithstanding any other provision of law:
12		(1) A private drug addiction treatment center may
13		operate on the property transferred to Kane County in
14		Public Act 86-729.
15		(2) Kane County may lease portions of the property
16		transferred to the County in Public Act 86-729 to a
17		not-for-profit or for-profit company for a drug addiction
18		treatment center. Kane County may share in the drug
19		addiction treatment center revenue with a company to whom
20		it leases the property.
21		(3) Kane County may authorize the expenditure of funds
22		for a private drug addiction treatment center on the
23		property transferred to the County in Public Act 86-729.
24		(Source: P.A. 102-281, eff. 8-6-21.)

HB5501 Engrossed - 766 - LRB102 24698 AMC 33937 b
1		(55 ILCS 5/5-1187)
2		Sec. 5-1187 5-1186. COVID-19 business relief; waiver of
3		business fees, costs, and licensing. Notwithstanding any other
4		provision of law, a county board or board of county
5		commissioners may, by resolution, waive or provide credit for
6		any application or permit costs, fees, or other licensing or
7		registration costs for businesses, including, but not limited
8		to, professional or business licensing, liquor licenses,
9		construction, insurance, sales, builders, contractors, food
10		service, delivery, repair, consultation, legal services,
11		accounting, transportation, manufacturing, technology,
12		assembly, tourism, entertainment, or any business, industry,
13		or service the county is permitted by law to regulate or
14		license.
15		A waiver of business fees or costs shall be subject to an
16		application or review process and a demonstration of need
17		based upon any financial or logistical hardship as a result of
18		the COVID-19 pandemic.
19		Any such waiver or credit shall not be construed to apply
20		to any of the business and licensing costs of the State or any
21		of its agencies or departments and is not an exemption from
22		safety, health, or regulatory requirements or inspections of a
23		county, municipality, or the State.
24		(Source: P.A. 102-435, eff. 8-20-21; revised 11-9-21.)
25		Section 295. The Illinois Municipal Code is amended by

HB5501 Engrossed - 767 - LRB102 24698 AMC 33937 b
1		changing Sections 8-4-25, 10-1-7, 10-1-7.1, 10-2.1-6,
2		10-2.1-6.3, and 10-4-2.3 as follows:
3		(65 ILCS 5/8-4-25) (from Ch. 24, par. 8-4-25)
4		Sec. 8-4-25. Subject to the requirements of the Bond Issue
5		Notification Act, any municipality is authorized to issue from
6		time to time full faith and credit general obligation notes in
7		an amount not to exceed 85% of the specific taxes levied for
8		the year during which and for which such notes are issued,
9		provided no notes shall be issued in lieu of tax warrants for
10		any tax at any time there are outstanding tax anticipation
11		warrants against the specific taxes levied for the year. Such
12		notes shall bear interest at a rate not to exceed the maximum
13		rate authorized by the Bond Authorization Act, as amended at
14		the time of the making of the contract, if issued before
15		January 1, 1972 and not more than the maximum rate authorized
16		by the Bond Authorization Act, as amended at the time of the
17		making of the contract, if issued after January 1, 1972 and
18		shall mature within two years from date. The first interest
19		payment date on any such notes shall not be earlier than the
20		delinquency date of the first installment of taxes levied to
21		pay interest and principal of such notes. Notes may be issued
22		for taxes levied for the following purposes:
23		(a) Corporate.
24		(b) For the payment of judgments.
25		(c) Public Library for Maintenance and Operation.

HB5501 Engrossed - 768 - LRB102 24698 AMC 33937 b
1		(d) Public Library for Buildings and Sites.
2		(e) (Blank).
3		(f) Relief (General Assistance).
4		In order to authorize and issue such notes, the corporate
5		authorities shall adopt an ordinance fixing the amount of the
6		notes, the date thereof, the maturity, rate of interest, place
7		of payment and denomination, which shall be in equal multiples
8		of $1,000, and provide for the levy and collection of a direct
9		annual tax upon all the taxable property in the municipality
10		sufficient to pay the principal of and interest on such notes
11		as the same becomes due.
12		A certified copy of the ordinance authorizing the issuance
13		of the notes shall be filed in the office of the County Clerk
14		of the county in which the municipality is located, or if the
15		municipality lies partly within two or more counties, a
16		certified copy of the ordinance authorizing such notes shall
17		be filed with the County Clerk of each of the respective
18		counties, and it shall be the duty of the County Clerk, or
19		County Clerks, whichever the case may be, to extend the tax
20		therefor in addition to and in excess of all other taxes
21		heretofore or hereafter authorized to be levied by such
22		municipality.
23		From and after any such notes have been issued and while
24		such notes are outstanding, it shall be the duty of the County
25		Clerk or County Clerks, whichever the case may be, in
26		computing the tax rate for the purpose for which the notes have

HB5501 Engrossed - 769 - LRB102 24698 AMC 33937 b
1		been issued to reduce the tax rate levied for such purpose by
2		the amount levied to pay the principal of and interest on the
3		notes to maturity, provided the tax rate shall not be reduced
4		beyond the amount necessary to reimburse any money borrowed
5		from the working cash fund, and it shall be the duty of the
6		Clerk of the municipality annually, not less than thirty (30)
7		days prior to the tax extension date, to certify to the County
8		Clerk, or County Clerks, whichever the case may be, the amount
9		of money borrowed from the working cash fund to be reimbursed
10		from the specific tax levy.
11		No reimbursement shall be made to the working cash fund
12		until there has been accumulated from the tax levy provided
13		for the notes an amount sufficient to pay the principal of and
14		interest on such notes as the same become due.
15		With respect to instruments for the payment of money
16		issued under this Section either before, on, or after June 6,
17		1989 (the effective date of Public Act 86-4) this amendatory
18		Act of 1989, it is and always has been the intention of the
19		General Assembly (i) that the Omnibus Bond Acts are and always
20		have been supplementary grants of power to issue instruments
21		in accordance with the Omnibus Bond Acts, regardless of any
22		provision of this Act that may appear to be or to have been
23		more restrictive than those Acts, (ii) that the provisions of
24		this Section are not a limitation on the supplementary
25		authority granted by the Omnibus Bond Acts, and (iii) that
26		instruments issued under this Section within the supplementary

HB5501 Engrossed - 770 - LRB102 24698 AMC 33937 b
1		authority granted by the Omnibus Bond Acts are not invalid
2		because of any provision of this Act that may appear to be or
3		to have been more restrictive than those Acts.
4		(Source: P.A. 102-587, eff. 1-1-22; revised 12-3-21.)
5		(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
6		Sec. 10-1-7. Examination of applicants; disqualifications.
7		(a) All applicants for offices or places in the classified
8		service, except those mentioned in Section 10-1-17, are
9		subject to examination. The examination shall be public,
10		competitive, and open to all citizens of the United States,
11		with specified limitations as to residence, age, health,
12		habits and moral character.
13		(b) Residency requirements in effect at the time an
14		individual enters the fire or police service of a municipality
15		(other than a municipality that has more than 1,000,000
16		inhabitants) cannot be made more restrictive for that
17		individual during his or her period of service for that
18		municipality, or be made a condition of promotion, except for
19		the rank or position of Fire or Police Chief.
20		(c) No person with a record of misdemeanor convictions
21		except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
22		11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
23		14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
24		31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
25		(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs

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1		subsections (1), (6), and (8) of subsection (a) of Section
2		24-1 of the Criminal Code of 1961 or the Criminal Code of 2012
3		or arrested for any cause but not convicted on that cause shall
4		be disqualified from taking the examination on grounds of
5		habits or moral character, unless the person is attempting to
6		qualify for a position on the police department, in which case
7		the conviction or arrest may be considered as a factor in
8		determining the person's habits or moral character.
9		(d) Persons entitled to military preference under Section
10		10-1-16 shall not be subject to limitations specifying age
11		unless they are applicants for a position as a fireman or a
12		policeman having no previous employment status as a fireman or
13		policeman in the regularly constituted fire or police
14		department of the municipality, in which case they must not
15		have attained their 35th birthday, except any person who has
16		served as an auxiliary police officer under Section 3.1-30-20
17		for at least 5 years and is under 40 years of age.
18		(e) All employees of a municipality of less than 500,000
19		population (except those who would be excluded from the
20		classified service as provided in this Division 1) who are
21		holding that employment as of the date a municipality adopts
22		this Division 1, or as of July 17, 1959, whichever date is the
23		later, and who have held that employment for at least 2 years
24		immediately before that later date, and all firemen and
25		policemen regardless of length of service who were either
26		appointed to their respective positions by the board of fire

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1		and police commissioners under the provisions of Division 2 of
2		this Article or who are serving in a position (except as a
3		temporary employee) in the fire or police department in the
4		municipality on the date a municipality adopts this Division
5		1, or as of July 17, 1959, whichever date is the later, shall
6		become members of the classified civil service of the
7		municipality without examination.
8		(f) The examinations shall be practical in their
9		character, and shall relate to those matters that will fairly
10		test the relative capacity of the persons examined to
11		discharge the duties of the positions to which they seek to be
12		appointed. The examinations shall include tests of physical
13		qualifications, health, and (when appropriate) manual skill.
14		If an applicant is unable to pass the physical examination
15		solely as the result of an injury received by the applicant as
16		the result of the performance of an act of duty while working
17		as a temporary employee in the position for which he or she is
18		being examined, however, the physical examination shall be
19		waived and the applicant shall be considered to have passed
20		the examination. No questions in any examination shall relate
21		to political or religious opinions or affiliations. Results of
22		examinations and the eligible registers prepared from the
23		results shall be published by the commission within 60 days
24		after any examinations are held.
25		(g) The commission shall control all examinations, and
26		may, whenever an examination is to take place, designate a

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1		suitable number of persons, either in or not in the official
2		service of the municipality, to be examiners. The examiners
3		shall conduct the examinations as directed by the commission
4		and shall make a return or report of the examinations to the
5		commission. If the appointed examiners are in the official
6		service of the municipality, the examiners shall not receive
7		extra compensation for conducting the examinations unless the
8		examiners are subject to a collective bargaining agreement
9		with the municipality. The commission may at any time
10		substitute any other person, whether or not in the service of
11		the municipality, in the place of any one selected as an
12		examiner. The commission members may themselves at any time
13		act as examiners without appointing examiners. The examiners
14		at any examination shall not all be members of the same
15		political party.
16		(h) In municipalities of 500,000 or more population, no
17		person who has attained his or her 35th birthday shall be
18		eligible to take an examination for a position as a fireman or
19		a policeman unless the person has had previous employment
20		status as a policeman or fireman in the regularly constituted
21		police or fire department of the municipality, except as
22		provided in this Section.
23		(i) In municipalities of more than 5,000 but not more than
24		200,000 inhabitants, no person who has attained his or her
25		35th birthday shall be eligible to take an examination for a
26		position as a fireman or a policeman unless the person has had

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1		previous employment status as a policeman or fireman in the
2		regularly constituted police or fire department of the
3		municipality, except as provided in this Section.
4		(j) In all municipalities, applicants who are 20 years of
5		age and who have successfully completed 2 years of law
6		enforcement studies at an accredited college or university may
7		be considered for appointment to active duty with the police
8		department. An applicant described in this subsection (j) who
9		is appointed to active duty shall not have power of arrest, nor
10		shall the applicant be permitted to carry firearms, until he
11		or she reaches 21 years of age.
12		(k) In municipalities of more than 500,000 population,
13		applications for examination for and appointment to positions
14		as firefighters or police shall be made available at various
15		branches of the public library of the municipality.
16		(l) No municipality having a population less than
17		1,000,000 shall require that any fireman appointed to the
18		lowest rank serve a probationary employment period of longer
19		than one year. The limitation on periods of probationary
20		employment provided in Public Act 86-990 this amendatory Act
21		of 1989 is an exclusive power and function of the State.
22		Pursuant to subsection (h) of Section 6 of Article VII of the
23		Illinois Constitution, a home rule municipality having a
24		population less than 1,000,000 must comply with this
25		limitation on periods of probationary employment, which is a
26		denial and limitation of home rule powers. Notwithstanding

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1		anything to the contrary in this Section, the probationary
2		employment period limitation may be extended for a firefighter
3		who is required, as a condition of employment, to be a licensed
4		paramedic, during which time the sole reason that a
5		firefighter may be discharged without a hearing is for failing
6		to meet the requirements for paramedic licensure.
7		(m) To the extent that this Section or any other Section in
8		this Division conflicts with Section 10-1-7.1 or 10-1-7.2,
9		then Section 10-1-7.1 or 10-1-7.2 shall control.
10		(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
11		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-973, eff.
12		8-15-14; revised 12-3-21.)
13		(65 ILCS 5/10-1-7.1)
14		Sec. 10-1-7.1. Original appointments; full-time fire
15		department.
16		(a) Applicability. Unless a commission elects to follow
17		the provisions of Section 10-1-7.2, this Section shall apply
18		to all original appointments to an affected full-time fire
19		department. Existing registers of eligibles shall continue to
20		be valid until their expiration dates, or up to a maximum of 2
21		years after August 4, 2011 (the effective date of Public Act
22		97-251).
23		Notwithstanding any statute, ordinance, rule, or other law
24		to the contrary, all original appointments to an affected
25		department to which this Section applies shall be administered

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1		in the manner provided for in this Section. Provisions of the
2		Illinois Municipal Code, municipal ordinances, and rules
3		adopted pursuant to such authority and other laws relating to
4		initial hiring of firefighters in affected departments shall
5		continue to apply to the extent they are compatible with this
6		Section, but in the event of a conflict between this Section
7		and any other law, this Section shall control.
8		A home rule or non-home rule municipality may not
9		administer its fire department process for original
10		appointments in a manner that is less stringent than this
11		Section. This Section is a limitation under subsection (i) of
12		Section 6 of Article VII of the Illinois Constitution on the
13		concurrent exercise by home rule units of the powers and
14		functions exercised by the State.
15		A municipality that is operating under a court order or
16		consent decree regarding original appointments to a full-time
17		fire department before August 4, 2011 (the effective date of
18		Public Act 97-251) is exempt from the requirements of this
19		Section for the duration of the court order or consent decree.
20		Notwithstanding any other provision of this subsection
21		(a), this Section does not apply to a municipality with more
22		than 1,000,000 inhabitants.
23		(b) Original appointments. All original appointments made
24		to an affected fire department shall be made from a register of
25		eligibles established in accordance with the processes
26		established by this Section. Only persons who meet or exceed

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1		the performance standards required by this Section shall be
2		placed on a register of eligibles for original appointment to
3		an affected fire department.
4		Whenever an appointing authority authorizes action to hire
5		a person to perform the duties of a firefighter or to hire a
6		firefighter-paramedic to fill a position that is a new
7		position or vacancy due to resignation, discharge, promotion,
8		death, the granting of a disability or retirement pension, or
9		any other cause, the appointing authority shall appoint to
10		that position the person with the highest ranking on the final
11		eligibility list. If the appointing authority has reason to
12		conclude that the highest ranked person fails to meet the
13		minimum standards for the position or if the appointing
14		authority believes an alternate candidate would better serve
15		the needs of the department, then the appointing authority has
16		the right to pass over the highest ranked person and appoint
17		either: (i) any person who has a ranking in the top 5% of the
18		register of eligibles or (ii) any person who is among the top 5
19		highest ranked persons on the list of eligibles if the number
20		of people who have a ranking in the top 5% of the register of
21		eligibles is less than 5 people.
22		Any candidate may pass on an appointment once without
23		losing his or her position on the register of eligibles. Any
24		candidate who passes a second time may be removed from the list
25		by the appointing authority provided that such action shall
26		not prejudice a person's opportunities to participate in

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1		future examinations, including an examination held during the
2		time a candidate is already on the municipality's register of
3		eligibles.
4		The sole authority to issue certificates of appointment
5		shall be vested in the Civil Service Commission. All
6		certificates of appointment issued to any officer or member of
7		an affected department shall be signed by the chairperson and
8		secretary, respectively, of the commission upon appointment of
9		such officer or member to the affected department by the
10		commission. After being selected from the register of
11		eligibles to fill a vacancy in the affected department, each
12		appointee shall be presented with his or her certificate of
13		appointment on the day on which he or she is sworn in as a
14		classified member of the affected department. Firefighters who
15		were not issued a certificate of appointment when originally
16		appointed shall be provided with a certificate within 10 days
17		after making a written request to the chairperson of the Civil
18		Service Commission. Each person who accepts a certificate of
19		appointment and successfully completes his or her probationary
20		period shall be enrolled as a firefighter and as a regular
21		member of the fire department.
22		For the purposes of this Section, "firefighter" means any
23		person who has been prior to, on, or after August 4, 2011 (the
24		effective date of Public Act 97-251) appointed to a fire
25		department or fire protection district or employed by a State
26		university and sworn or commissioned to perform firefighter

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1		duties or paramedic duties, or both, except that the following
2		persons are not included: part-time firefighters; auxiliary,
3		reserve, or voluntary firefighters, including paid-on-call
4		firefighters; clerks and dispatchers or other civilian
5		employees of a fire department or fire protection district who
6		are not routinely expected to perform firefighter duties; and
7		elected officials.
8		(c) Qualification for placement on register of eligibles.
9		The purpose of establishing a register of eligibles is to
10		identify applicants who possess and demonstrate the mental
11		aptitude and physical ability to perform the duties required
12		of members of the fire department in order to provide the
13		highest quality of service to the public. To this end, all
14		applicants for original appointment to an affected fire
15		department shall be subject to examination and testing which
16		shall be public, competitive, and open to all applicants
17		unless the municipality shall by ordinance limit applicants to
18		residents of the municipality, county or counties in which the
19		municipality is located, State, or nation. Any examination and
20		testing procedure utilized under subsection (e) of this
21		Section shall be supported by appropriate validation evidence
22		and shall comply with all applicable State and federal laws.
23		Municipalities may establish educational, emergency medical
24		service licensure, and other prerequisites for participation
25		in an examination or for hire as a firefighter. Any
26		municipality may charge a fee to cover the costs of the

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1		application process.
2		Residency requirements in effect at the time an individual
3		enters the fire service of a municipality cannot be made more
4		restrictive for that individual during his or her period of
5		service for that municipality, or be made a condition of
6		promotion, except for the rank or position of fire chief and
7		for no more than 2 positions that rank immediately below that
8		of the chief rank which are appointed positions pursuant to
9		the Fire Department Promotion Act.
10		No person who is 35 years of age or older shall be eligible
11		to take an examination for a position as a firefighter unless
12		the person has had previous employment status as a firefighter
13		in the regularly constituted fire department of the
14		municipality, except as provided in this Section. The age
15		limitation does not apply to:
16		(1) any person previously employed as a full-time
17		firefighter in a regularly constituted fire department of
18		(i) any municipality or fire protection district located
19		in Illinois, (ii) a fire protection district whose
20		obligations were assumed by a municipality under Section
21		21 of the Fire Protection District Act, or (iii) a
22		municipality whose obligations were taken over by a fire
23		protection district,
24		(2) any person who has served a municipality as a
25		regularly enrolled volunteer, paid-on-call, or part-time
26		firefighter, or

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1		(3) any person who turned 35 while serving as a member
2		of the active or reserve components of any of the branches
3		of the Armed Forces of the United States or the National
4		Guard of any state, whose service was characterized as
5		honorable or under honorable, if separated from the
6		military, and is currently under the age of 40.
7		No person who is under 21 years of age shall be eligible
8		for employment as a firefighter.
9		No applicant shall be examined concerning his or her
10		political or religious opinions or affiliations. The
11		examinations shall be conducted by the commissioners of the
12		municipality or their designees and agents.
13		No municipality shall require that any firefighter
14		appointed to the lowest rank serve a probationary employment
15		period of longer than one year of actual active employment,
16		which may exclude periods of training, or injury or illness
17		leaves, including duty related leave, in excess of 30 calendar
18		days. Notwithstanding anything to the contrary in this
19		Section, the probationary employment period limitation may be
20		extended for a firefighter who is required, as a condition of
21		employment, to be a licensed paramedic, during which time the
22		sole reason that a firefighter may be discharged without a
23		hearing is for failing to meet the requirements for paramedic
24		licensure.
25		In the event that any applicant who has been found
26		eligible for appointment and whose name has been placed upon

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1		the final eligibility register provided for in this Division 1
2		has not been appointed to a firefighter position within one
3		year after the date of his or her physical ability
4		examination, the commission may cause a second examination to
5		be made of that applicant's physical ability prior to his or
6		her appointment. If, after the second examination, the
7		physical ability of the applicant shall be found to be less
8		than the minimum standard fixed by the rules of the
9		commission, the applicant shall not be appointed. The
10		applicant's name may be retained upon the register of
11		candidates eligible for appointment and when next reached for
12		certification and appointment that applicant may be again
13		examined as provided in this Section, and if the physical
14		ability of that applicant is found to be less than the minimum
15		standard fixed by the rules of the commission, the applicant
16		shall not be appointed, and the name of the applicant shall be
17		removed from the register.
18		(d) Notice, examination, and testing components. Notice of
19		the time, place, general scope, merit criteria for any
20		subjective component, and fee of every examination shall be
21		given by the commission, by a publication at least 2 weeks
22		preceding the examination: (i) in one or more newspapers
23		published in the municipality, or if no newspaper is published
24		therein, then in one or more newspapers with a general
25		circulation within the municipality, or (ii) on the
26		municipality's Internet website. Additional notice of the

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1		examination may be given as the commission shall prescribe.
2		The examination and qualifying standards for employment of
3		firefighters shall be based on: mental aptitude, physical
4		ability, preferences, moral character, and health. The mental
5		aptitude, physical ability, and preference components shall
6		determine an applicant's qualification for and placement on
7		the final register of eligibles. The examination may also
8		include a subjective component based on merit criteria as
9		determined by the commission. Scores from the examination must
10		be made available to the public.
11		(e) Mental aptitude. No person who does not possess at
12		least a high school diploma or an equivalent high school
13		education shall be placed on a register of eligibles.
14		Examination of an applicant's mental aptitude shall be based
15		upon a written examination. The examination shall be practical
16		in character and relate to those matters that fairly test the
17		capacity of the persons examined to discharge the duties
18		performed by members of a fire department. Written
19		examinations shall be administered in a manner that ensures
20		the security and accuracy of the scores achieved.
21		(f) Physical ability. All candidates shall be required to
22		undergo an examination of their physical ability to perform
23		the essential functions included in the duties they may be
24		called upon to perform as a member of a fire department. For
25		the purposes of this Section, essential functions of the job
26		are functions associated with duties that a firefighter may be

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1		called upon to perform in response to emergency calls. The
2		frequency of the occurrence of those duties as part of the fire
3		department's regular routine shall not be a controlling factor
4		in the design of examination criteria or evolutions selected
5		for testing. These physical examinations shall be open,
6		competitive, and based on industry standards designed to test
7		each applicant's physical abilities in the following
8		dimensions:
9		(1) Muscular strength to perform tasks and evolutions
10		that may be required in the performance of duties
11		including grip strength, leg strength, and arm strength.
12		Tests shall be conducted under anaerobic as well as
13		aerobic conditions to test both the candidate's speed and
14		endurance in performing tasks and evolutions. Tasks tested
15		may be based on standards developed, or approved, by the
16		local appointing authority.
17		(2) The ability to climb ladders, operate from
18		heights, walk or crawl in the dark along narrow and uneven
19		surfaces, and operate in proximity to hazardous
20		environments.
21		(3) The ability to carry out critical, time-sensitive,
22		and complex problem solving during physical exertion in
23		stressful and hazardous environments. The testing
24		environment may be hot and dark with tightly enclosed
25		spaces, flashing lights, sirens, and other distractions.
26		The tests utilized to measure each applicant's

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1		capabilities in each of these dimensions may be tests based on
2		industry standards currently in use or equivalent tests
3		approved by the Joint Labor-Management Committee of the Office
4		of the State Fire Marshal.
5		Physical ability examinations administered under this
6		Section shall be conducted with a reasonable number of
7		proctors and monitors, open to the public, and subject to
8		reasonable regulations of the commission.
9		(g) Scoring of examination components. Appointing
10		authorities may create a preliminary eligibility register. A
11		person shall be placed on the list based upon his or her
12		passage of the written examination or the passage of the
13		written examination and the physical ability component.
14		Passage of the written examination means attaining the minimum
15		score set by the commission. Minimum scores should be set by
16		the commission so as to demonstrate a candidate's ability to
17		perform the essential functions of the job. The minimum score
18		set by the commission shall be supported by appropriate
19		validation evidence and shall comply with all applicable State
20		and federal laws. The appointing authority may conduct the
21		physical ability component and any subjective components
22		subsequent to the posting of the preliminary eligibility
23		register.
24		The examination components for an initial eligibility
25		register shall be graded on a 100-point scale. A person's
26		position on the list shall be determined by the following: (i)

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1		the person's score on the written examination, (ii) the person
2		successfully passing the physical ability component, and (iii)
3		the person's results on any subjective component as described
4		in subsection (d).
5		In order to qualify for placement on the final eligibility
6		register, an applicant's score on the written examination,
7		before any applicable preference points or subjective points
8		are applied, shall be at or above the minimum score set by the
9		commission. The local appointing authority may prescribe the
10		score to qualify for placement on the final eligibility
11		register, but the score shall not be less than the minimum
12		score set by the commission.
13		The commission shall prepare and keep a register of
14		persons whose total score is not less than the minimum score
15		for passage and who have passed the physical ability
16		examination. These persons shall take rank upon the register
17		as candidates in the order of their relative excellence based
18		on the highest to the lowest total points scored on the mental
19		aptitude, subjective component, and preference components of
20		the test administered in accordance with this Section. No more
21		than 60 days after each examination, an initial eligibility
22		list shall be posted by the commission. The list shall include
23		the final grades of the candidates without reference to
24		priority of the time of examination and subject to claim for
25		preference credit.
26		Commissions may conduct additional examinations, including

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1		without limitation a polygraph test, after a final eligibility
2		register is established and before it expires with the
3		candidates ranked by total score without regard to date of
4		examination. No more than 60 days after each examination, an
5		initial eligibility list shall be posted by the commission
6		showing the final grades of the candidates without reference
7		to priority of time of examination and subject to claim for
8		preference credit.
9		(h) Preferences. The following are preferences:
10		(1) Veteran preference. Persons who were engaged in
11		the military service of the United States for a period of
12		at least one year of active duty and who were honorably
13		discharged therefrom, or who are now or have been members
14		on inactive or reserve duty in such military or naval
15		service, shall be preferred for appointment to and
16		employment with the fire department of an affected
17		department.
18		(2) Fire cadet preference. Persons who have
19		successfully completed 2 years of study in fire techniques
20		or cadet training within a cadet program established under
21		the rules of the Joint Labor and Management Committee
22		(JLMC), as defined in Section 50 of the Fire Department
23		Promotion Act, may be preferred for appointment to and
24		employment with the fire department.
25		(3) Educational preference. Persons who have
26		successfully obtained an associate's degree in the field

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1		of fire service or emergency medical services, or a
2		bachelor's degree from an accredited college or university
3		may be preferred for appointment to and employment with
4		the fire department.
5		(4) Paramedic preference. Persons who have obtained a
6		license as a paramedic may be preferred for appointment to
7		and employment with the fire department of an affected
8		department providing emergency medical services.
9		(5) Experience preference. All persons employed by a
10		municipality who have been paid-on-call or part-time
11		certified Firefighter II, certified Firefighter III, State
12		of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
13		paramedic, or any combination of those capacities may be
14		awarded up to a maximum of 5 points. However, the
15		applicant may not be awarded more than 0.5 points for each
16		complete year of paid-on-call or part-time service.
17		Applicants from outside the municipality who were employed
18		as full-time firefighters or firefighter-paramedics by a
19		fire protection district or another municipality may be
20		awarded up to 5 experience preference points. However, the
21		applicant may not be awarded more than one point for each
22		complete year of full-time service.
23		Upon request by the commission, the governing body of
24		the municipality or in the case of applicants from outside
25		the municipality the governing body of any fire protection
26		district or any other municipality shall certify to the

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1		commission, within 10 days after the request, the number
2		of years of successful paid-on-call, part-time, or
3		full-time service of any person. A candidate may not
4		receive the full amount of preference points under this
5		subsection if the amount of points awarded would place the
6		candidate before a veteran on the eligibility list. If
7		more than one candidate receiving experience preference
8		points is prevented from receiving all of their points due
9		to not being allowed to pass a veteran, the candidates
10		shall be placed on the list below the veteran in rank order
11		based on the totals received if all points under this
12		subsection were to be awarded. Any remaining ties on the
13		list shall be determined by lot.
14		(6) Residency preference. Applicants whose principal
15		residence is located within the fire department's
16		jurisdiction may be preferred for appointment to and
17		employment with the fire department.
18		(7) Additional preferences. Up to 5 additional
19		preference points may be awarded for unique categories
20		based on an applicant's experience or background as
21		identified by the commission.
22		(7.5) Apprentice preferences. A person who has
23		performed fire suppression service for a department as a
24		firefighter apprentice and otherwise meets the
25		qualifications for original appointment as a firefighter
26		specified in this Section may be awarded up to 20

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1		preference points. To qualify for preference points, an
2		applicant shall have completed a minimum of 600 hours of
3		fire suppression work on a regular shift for the affected
4		fire department over a 12-month period. The fire
5		suppression work must be in accordance with Section
6		10-1-14 of this Division and the terms established by a
7		Joint Apprenticeship Committee included in a collective
8		bargaining agreement agreed between the employer and its
9		certified bargaining agent. An eligible applicant must
10		apply to the Joint Apprenticeship Committee for preference
11		points under this item. The Joint Apprenticeship Committee
12		shall evaluate the merit of the applicant's performance,
13		determine the preference points to be awarded, and certify
14		the amount of points awarded to the commissioners. The
15		commissioners may add the certified preference points to
16		the final grades achieved by the applicant on the other
17		components of the examination.
18		(8) Scoring of preferences. The commission shall give
19		preference for original appointment to persons designated
20		in item (1) by adding to the final grade that they receive
21		5 points for the recognized preference achieved. The
22		commission may give preference for original appointment to
23		persons designated in item (7.5) by adding to the final
24		grade the amount of points designated by the Joint
25		Apprenticeship Committee as defined in item (7.5). The
26		commission shall determine the number of preference points

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1		for each category, except items (1) and (7.5). The number
2		of preference points for each category shall range from 0
3		to 5, except item (7.5). In determining the number of
4		preference points, the commission shall prescribe that if
5		a candidate earns the maximum number of preference points
6		in all categories except item (7.5), that number may not
7		be less than 10 nor more than 30. The commission shall give
8		preference for original appointment to persons designated
9		in items (2) through (7) by adding the requisite number of
10		points to the final grade for each recognized preference
11		achieved. The numerical result thus attained shall be
12		applied by the commission in determining the final
13		eligibility list and appointment from the eligibility
14		list. The local appointing authority may prescribe the
15		total number of preference points awarded under this
16		Section, but the total number of preference points, except
17		item (7.5), shall not be less than 10 points or more than
18		30 points. Apprentice preference points may be added in
19		addition to other preference points awarded by the
20		commission.
21		No person entitled to any preference shall be required to
22		claim the credit before any examination held under the
23		provisions of this Section, but the preference shall be given
24		after the posting or publication of the initial eligibility
25		list or register at the request of a person entitled to a
26		credit before any certification or appointments are made from

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1		the eligibility register, upon the furnishing of verifiable
2		evidence and proof of qualifying preference credit. Candidates
3		who are eligible for preference credit shall make a claim in
4		writing within 10 days after the posting of the initial
5		eligibility list, or the claim shall be deemed waived. Final
6		eligibility registers shall be established after the awarding
7		of verified preference points. However, apprentice preference
8		credit earned subsequent to the establishment of the final
9		eligibility register may be applied to the applicant's score
10		upon certification by the Joint Apprenticeship Committee to
11		the commission and the rank order of candidates on the final
12		eligibility register shall be adjusted accordingly. All
13		employment shall be subject to the commission's initial hire
14		background review, including, but not limited to, criminal
15		history, employment history, moral character, oral
16		examination, and medical and psychological examinations, all
17		on a pass-fail basis. The medical and psychological
18		examinations must be conducted last, and may only be performed
19		after a conditional offer of employment has been extended.
20		Any person placed on an eligibility list who exceeds the
21		age requirement before being appointed to a fire department
22		shall remain eligible for appointment until the list is
23		abolished, or his or her name has been on the list for a period
24		of 2 years. No person who has attained the age of 35 years
25		shall be inducted into a fire department, except as otherwise
26		provided in this Section.

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1		The commission shall strike off the names of candidates
2		for original appointment after the names have been on the list
3		for more than 2 years.
4		(i) Moral character. No person shall be appointed to a
5		fire department unless he or she is a person of good character;
6		not a habitual drunkard, a gambler, or a person who has been
7		convicted of a felony or a crime involving moral turpitude.
8		However, no person shall be disqualified from appointment to
9		the fire department because of the person's record of
10		misdemeanor convictions except those under Sections 11-6,
11		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
13		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
14		(1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of
15		Section 24-1 of the Criminal Code of 1961 or the Criminal Code
16		of 2012, or arrest for any cause without conviction thereon.
17		Any such person who is in the department may be removed on
18		charges brought for violating this subsection and after a
19		trial as hereinafter provided.
20		A classifiable set of the fingerprints of every person who
21		is offered employment as a certificated member of an affected
22		fire department whether with or without compensation, shall be
23		furnished to the Illinois State Police and to the Federal
24		Bureau of Investigation by the commission.
25		Whenever a commission is authorized or required by law to
26		consider some aspect of criminal history record information

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1		for the purpose of carrying out its statutory powers and
2		responsibilities, then, upon request and payment of fees in
3		conformance with the requirements of Section 2605-400 of the
4		Illinois State Police Law of the Civil Administrative Code of
5		Illinois, the Illinois State Police is authorized to furnish,
6		pursuant to positive identification, the information contained
7		in State files as is necessary to fulfill the request.
8		(j) Temporary appointments. In order to prevent a stoppage
9		of public business, to meet extraordinary exigencies, or to
10		prevent material impairment of the fire department, the
11		commission may make temporary appointments, to remain in force
12		only until regular appointments are made under the provisions
13		of this Division, but never to exceed 60 days. No temporary
14		appointment of any one person shall be made more than twice in
15		any calendar year.
16		(k) A person who knowingly divulges or receives test
17		questions or answers before a written examination, or
18		otherwise knowingly violates or subverts any requirement of
19		this Section, commits a violation of this Section and may be
20		subject to charges for official misconduct.
21		A person who is the knowing recipient of test information
22		in advance of the examination shall be disqualified from the
23		examination or discharged from the position to which he or she
24		was appointed, as applicable, and otherwise subjected to
25		disciplinary actions.
26		(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;

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1		102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised
2		10-5-21.)
3		(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
4		Sec. 10-2.1-6. Examination of applicants;
5		disqualifications.
6		(a) All applicants for a position in either the fire or
7		police department of the municipality shall be under 35 years
8		of age, shall be subject to an examination that shall be
9		public, competitive, and open to all applicants (unless the
10		council or board of trustees by ordinance limit applicants to
11		electors of the municipality, county, state or nation) and
12		shall be subject to reasonable limitations as to residence,
13		health, habits, and moral character. The municipality may not
14		charge or collect any fee from an applicant who has met all
15		prequalification standards established by the municipality for
16		any such position. With respect to a police department, a
17		veteran shall be allowed to exceed the maximum age provision
18		of this Section by the number of years served on active
19		military duty, but by no more than 10 years of active military
20		duty.
21		(b) Residency requirements in effect at the time an
22		individual enters the fire or police service of a municipality
23		(other than a municipality that has more than 1,000,000
24		inhabitants) cannot be made more restrictive for that
25		individual during his period of service for that municipality,

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1		or be made a condition of promotion, except for the rank or
2		position of Fire or Police Chief.
3		(c) No person with a record of misdemeanor convictions
4		except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
5		11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
6		14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
7		31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
8		(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs
9		subsections (1), (6), and (8) of subsection (a) of Section
10		24-1 of the Criminal Code of 1961 or the Criminal Code of 2012,
11		or arrested for any cause but not convicted on that cause shall
12		be disqualified from taking the examination to qualify for a
13		position in the fire department on grounds of habits or moral
14		character.
15		(d) The age limitation in subsection (a) does not apply
16		(i) to any person previously employed as a policeman or
17		fireman in a regularly constituted police or fire department
18		of (I) any municipality, regardless of whether the
19		municipality is located in Illinois or in another state, or
20		(II) a fire protection district whose obligations were assumed
21		by a municipality under Section 21 of the Fire Protection
22		District Act, (ii) to any person who has served a municipality
23		as a regularly enrolled volunteer fireman for 5 years
24		immediately preceding the time that municipality begins to use
25		full time firemen to provide all or part of its fire protection
26		service, or (iii) to any person who has served as an auxiliary

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1		police officer under Section 3.1-30-20 for at least 5 years
2		and is under 40 years of age, (iv) to any person who has served
3		as a deputy under Section 3-6008 of the Counties Code and
4		otherwise meets necessary training requirements, or (v) to any
5		person who has served as a sworn officer as a member of the
6		Illinois State Police.
7		(e) Applicants who are 20 years of age and who have
8		successfully completed 2 years of law enforcement studies at
9		an accredited college or university may be considered for
10		appointment to active duty with the police department. An
11		applicant described in this subsection (e) who is appointed to
12		active duty shall not have power of arrest, nor shall the
13		applicant be permitted to carry firearms, until he or she
14		reaches 21 years of age.
15		(f) Applicants who are 18 years of age and who have
16		successfully completed 2 years of study in fire techniques,
17		amounting to a total of 4 high school credits, within the cadet
18		program of a municipality may be considered for appointment to
19		active duty with the fire department of any municipality.
20		(g) The council or board of trustees may by ordinance
21		provide that persons residing outside the municipality are
22		eligible to take the examination.
23		(h) The examinations shall be practical in character and
24		relate to those matters that will fairly test the capacity of
25		the persons examined to discharge the duties of the positions
26		to which they seek appointment. No person shall be appointed

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1		to the police or fire department if he or she does not possess
2		a high school diploma or an equivalent high school education.
3		A board of fire and police commissioners may, by its rules,
4		require police applicants to have obtained an associate's
5		degree or a bachelor's degree as a prerequisite for
6		employment. The examinations shall include tests of physical
7		qualifications and health. A board of fire and police
8		commissioners may, by its rules, waive portions of the
9		required examination for police applicants who have previously
10		been full-time sworn officers of a regular police department
11		in any municipal, county, university, or State law enforcement
12		agency, provided they are certified by the Illinois Law
13		Enforcement Training Standards Board and have been with their
14		respective law enforcement agency within the State for at
15		least 2 years. No person shall be appointed to the police or
16		fire department if he or she has suffered the amputation of any
17		limb unless the applicant's duties will be only clerical or as
18		a radio operator. No applicant shall be examined concerning
19		his or her political or religious opinions or affiliations.
20		The examinations shall be conducted by the board of fire and
21		police commissioners of the municipality as provided in this
22		Division 2.1.
23		The requirement that a police applicant possess an
24		associate's degree under this subsection may be waived if one
25		or more of the following applies: (1) the applicant has served
26		for 24 months of honorable active duty in the United States

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1		Armed Forces and has not been discharged dishonorably or under
2		circumstances other than honorable; (2) the applicant has
3		served for 180 days of active duty in the United States Armed
4		Forces in combat duty recognized by the Department of Defense
5		and has not been discharged dishonorably or under
6		circumstances other than honorable; or (3) the applicant has
7		successfully received credit for a minimum of 60 credit hours
8		toward a bachelor's degree from an accredited college or
9		university.
10		The requirement that a police applicant possess a
11		bachelor's degree under this subsection may be waived if one
12		or more of the following applies: (1) the applicant has served
13		for 36 months of honorable active duty in the United States
14		Armed Forces and has not been discharged dishonorably or under
15		circumstances other than honorable or (2) the applicant has
16		served for 180 days of active duty in the United States Armed
17		Forces in combat duty recognized by the Department of Defense
18		and has not been discharged dishonorably or under
19		circumstances other than honorable.
20		(i) No person who is classified by his local selective
21		service draft board as a conscientious objector, or who has
22		ever been so classified, may be appointed to the police
23		department.
24		(j) No person shall be appointed to the police or fire
25		department unless he or she is a person of good character and
26		not an habitual drunkard, gambler, or a person who has been

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1		convicted of a felony or a crime involving moral turpitude. No
2		person, however, shall be disqualified from appointment to the
3		fire department because of his or her record of misdemeanor
4		convictions except those under Sections 11-1.50, 11-6, 11-7,
5		11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
6		12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
7		31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
8		subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
9		paragraphs subsections (1), (6), and (8) of subsection (a) of
10		Section 24-1 of the Criminal Code of 1961 or the Criminal Code
11		of 2012, or arrest for any cause without conviction on that
12		cause. Any such person who is in the department may be removed
13		on charges brought and after a trial as provided in this
14		Division 2.1.
15		(Source: P.A. 102-538, eff. 8-20-21; revised 12-3-21.)
16		(65 ILCS 5/10-2.1-6.3)
17		Sec. 10-2.1-6.3. Original appointments; full-time fire
18		department.
19		(a) Applicability. Unless a commission elects to follow
20		the provisions of Section 10-2.1-6.4, this Section shall apply
21		to all original appointments to an affected full-time fire
22		department. Existing registers of eligibles shall continue to
23		be valid until their expiration dates, or up to a maximum of 2
24		years after August 4, 2011 (the effective date of Public Act
25		97-251).

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1		Notwithstanding any statute, ordinance, rule, or other law
2		to the contrary, all original appointments to an affected
3		department to which this Section applies shall be administered
4		in the manner provided for in this Section. Provisions of the
5		Illinois Municipal Code, municipal ordinances, and rules
6		adopted pursuant to such authority and other laws relating to
7		initial hiring of firefighters in affected departments shall
8		continue to apply to the extent they are compatible with this
9		Section, but in the event of a conflict between this Section
10		and any other law, this Section shall control.
11		A home rule or non-home rule municipality may not
12		administer its fire department process for original
13		appointments in a manner that is less stringent than 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 units of the powers and
17		functions exercised by the State.
18		A municipality that is operating under a court order or
19		consent decree regarding original appointments to a full-time
20		fire department before August 4, 2011 (the effective date of
21		Public Act 97-251) is exempt from the requirements of this
22		Section for the duration of the court order or consent decree.
23		Notwithstanding any other provision of this subsection
24		(a), this Section does not apply to a municipality with more
25		than 1,000,000 inhabitants.
26		(b) Original appointments. All original appointments made

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1		to an affected fire department shall be made from a register of
2		eligibles established in accordance with the processes
3		established by this Section. Only persons who meet or exceed
4		the performance standards required by this Section shall be
5		placed on a register of eligibles for original appointment to
6		an affected fire department.
7		Whenever an appointing authority authorizes action to hire
8		a person to perform the duties of a firefighter or to hire a
9		firefighter-paramedic to fill a position that is a new
10		position or vacancy due to resignation, discharge, promotion,
11		death, the granting of a disability or retirement pension, or
12		any other cause, the appointing authority shall appoint to
13		that position the person with the highest ranking on the final
14		eligibility list. If the appointing authority has reason to
15		conclude that the highest ranked person fails to meet the
16		minimum standards for the position or if the appointing
17		authority believes an alternate candidate would better serve
18		the needs of the department, then the appointing authority has
19		the right to pass over the highest ranked person and appoint
20		either: (i) any person who has a ranking in the top 5% of the
21		register of eligibles or (ii) any person who is among the top 5
22		highest ranked persons on the list of eligibles if the number
23		of people who have a ranking in the top 5% of the register of
24		eligibles is less than 5 people.
25		Any candidate may pass on an appointment once without
26		losing his or her position on the register of eligibles. Any

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1		candidate who passes a second time may be removed from the list
2		by the appointing authority provided that such action shall
3		not prejudice a person's opportunities to participate in
4		future examinations, including an examination held during the
5		time a candidate is already on the municipality's register of
6		eligibles.
7		The sole authority to issue certificates of appointment
8		shall be vested in the board of fire and police commissioners.
9		All certificates of appointment issued to any officer or
10		member of an affected department shall be signed by the
11		chairperson and secretary, respectively, of the board upon
12		appointment of such officer or member to the affected
13		department by action of the board. After being selected from
14		the register of eligibles to fill a vacancy in the affected
15		department, each appointee shall be presented with his or her
16		certificate of appointment on the day on which he or she is
17		sworn in as a classified member of the affected department.
18		Firefighters who were not issued a certificate of appointment
19		when originally appointed shall be provided with a certificate
20		within 10 days after making a written request to the
21		chairperson of the board of fire and police commissioners.
22		Each person who accepts a certificate of appointment and
23		successfully completes his or her probationary period shall be
24		enrolled as a firefighter and as a regular member of the fire
25		department.
26		For the purposes of this Section, "firefighter" means any

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1		person who has been prior to, on, or after August 4, 2011 (the
2		effective date of Public Act 97-251) appointed to a fire
3		department or fire protection district or employed by a State
4		university and sworn or commissioned to perform firefighter
5		duties or paramedic duties, or both, except that the following
6		persons are not included: part-time firefighters; auxiliary,
7		reserve, or voluntary firefighters, including paid-on-call
8		firefighters; clerks and dispatchers or other civilian
9		employees of a fire department or fire protection district who
10		are not routinely expected to perform firefighter duties; and
11		elected officials.
12		(c) Qualification for placement on register of eligibles.
13		The purpose of establishing a register of eligibles is to
14		identify applicants who possess and demonstrate the mental
15		aptitude and physical ability to perform the duties required
16		of members of the fire department in order to provide the
17		highest quality of service to the public. To this end, all
18		applicants for original appointment to an affected fire
19		department shall be subject to examination and testing which
20		shall be public, competitive, and open to all applicants
21		unless the municipality shall by ordinance limit applicants to
22		residents of the municipality, county or counties in which the
23		municipality is located, State, or nation. Any examination and
24		testing procedure utilized under subsection (e) of this
25		Section shall be supported by appropriate validation evidence
26		and shall comply with all applicable State and federal laws.

HB5501 Engrossed - 805 - LRB102 24698 AMC 33937 b
1		Municipalities may establish educational, emergency medical
2		service licensure, and other prerequisites for participation
3		in an examination or for hire as a firefighter. Any
4		municipality may charge a fee to cover the costs of the
5		application process.
6		Residency requirements in effect at the time an individual
7		enters the fire service of a municipality cannot be made more
8		restrictive for that individual during his or her period of
9		service for that municipality, or be made a condition of
10		promotion, except for the rank or position of fire chief and
11		for no more than 2 positions that rank immediately below that
12		of the chief rank which are appointed positions pursuant to
13		the Fire Department Promotion Act.
14		No person who is 35 years of age or older shall be eligible
15		to take an examination for a position as a firefighter unless
16		the person has had previous employment status as a firefighter
17		in the regularly constituted fire department of the
18		municipality, except as provided in this Section. The age
19		limitation does not apply to:
20		(1) any person previously employed as a full-time
21		firefighter in a regularly constituted fire department of
22		(i) any municipality or fire protection district located
23		in Illinois, (ii) a fire protection district whose
24		obligations were assumed by a municipality under Section
25		21 of the Fire Protection District Act, or (iii) a
26		municipality whose obligations were taken over by a fire

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1		protection district,
2		(2) any person who has served a municipality as a
3		regularly enrolled volunteer, paid-on-call, or part-time
4		firefighter, or
5		(3) any person who turned 35 while serving as a member
6		of the active or reserve components of any of the branches
7		of the Armed Forces of the United States or the National
8		Guard of any state, whose service was characterized as
9		honorable or under honorable, if separated from the
10		military, and is currently under the age of 40.
11		No person who is under 21 years of age shall be eligible
12		for employment as a firefighter.
13		No applicant shall be examined concerning his or her
14		political or religious opinions or affiliations. The
15		examinations shall be conducted by the commissioners of the
16		municipality or their designees and agents.
17		No municipality shall require that any firefighter
18		appointed to the lowest rank serve a probationary employment
19		period of longer than one year of actual active employment,
20		which may exclude periods of training, or injury or illness
21		leaves, including duty related leave, in excess of 30 calendar
22		days. Notwithstanding anything to the contrary in this
23		Section, the probationary employment period limitation may be
24		extended for a firefighter who is required, as a condition of
25		employment, to be a licensed paramedic, during which time the
26		sole reason that a firefighter may be discharged without a

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1		hearing is for failing to meet the requirements for paramedic
2		licensure.
3		In the event that any applicant who has been found
4		eligible for appointment and whose name has been placed upon
5		the final eligibility register provided for in this Section
6		has not been appointed to a firefighter position within one
7		year after the date of his or her physical ability
8		examination, the commission may cause a second examination to
9		be made of that applicant's physical ability prior to his or
10		her appointment. If, after the second examination, the
11		physical ability of the applicant shall be found to be less
12		than the minimum standard fixed by the rules of the
13		commission, the applicant shall not be appointed. The
14		applicant's name may be retained upon the register of
15		candidates eligible for appointment and when next reached for
16		certification and appointment that applicant may be again
17		examined as provided in this Section, and if the physical
18		ability of that applicant is found to be less than the minimum
19		standard fixed by the rules of the commission, the applicant
20		shall not be appointed, and the name of the applicant shall be
21		removed from the register.
22		(d) Notice, examination, and testing components. Notice of
23		the time, place, general scope, merit criteria for any
24		subjective component, and fee of every examination shall be
25		given by the commission, by a publication at least 2 weeks
26		preceding the examination: (i) in one or more newspapers

HB5501 Engrossed - 808 - LRB102 24698 AMC 33937 b
1		published in the municipality, or if no newspaper is published
2		therein, then in one or more newspapers with a general
3		circulation within the municipality, or (ii) on the
4		municipality's Internet website. Additional notice of the
5		examination may be given as the commission shall prescribe.
6		The examination and qualifying standards for employment of
7		firefighters shall be based on: mental aptitude, physical
8		ability, preferences, moral character, and health. The mental
9		aptitude, physical ability, and preference components shall
10		determine an applicant's qualification for and placement on
11		the final register of eligibles. The examination may also
12		include a subjective component based on merit criteria as
13		determined by the commission. Scores from the examination must
14		be made available to the public.
15		(e) Mental aptitude. No person who does not possess at
16		least a high school diploma or an equivalent high school
17		education shall be placed on a register of eligibles.
18		Examination of an applicant's mental aptitude shall be based
19		upon a written examination. The examination shall be practical
20		in character and relate to those matters that fairly test the
21		capacity of the persons examined to discharge the duties
22		performed by members of a fire department. Written
23		examinations shall be administered in a manner that ensures
24		the security and accuracy of the scores achieved.
25		(f) Physical ability. All candidates shall be required to
26		undergo an examination of their physical ability to perform

HB5501 Engrossed - 809 - LRB102 24698 AMC 33937 b
1		the essential functions included in the duties they may be
2		called upon to perform as a member of a fire department. For
3		the purposes of this Section, essential functions of the job
4		are functions associated with duties that a firefighter may be
5		called upon to perform in response to emergency calls. The
6		frequency of the occurrence of those duties as part of the fire
7		department's regular routine shall not be a controlling factor
8		in the design of examination criteria or evolutions selected
9		for testing. These physical examinations shall be open,
10		competitive, and based on industry standards designed to test
11		each applicant's physical abilities in the following
12		dimensions:
13		(1) Muscular strength to perform tasks and evolutions
14		that may be required in the performance of duties
15		including grip strength, leg strength, and arm strength.
16		Tests shall be conducted under anaerobic as well as
17		aerobic conditions to test both the candidate's speed and
18		endurance in performing tasks and evolutions. Tasks tested
19		may be based on standards developed, or approved, by the
20		local appointing authority.
21		(2) The ability to climb ladders, operate from
22		heights, walk or crawl in the dark along narrow and uneven
23		surfaces, and operate in proximity to hazardous
24		environments.
25		(3) The ability to carry out critical, time-sensitive,
26		and complex problem solving during physical exertion in

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1		stressful and hazardous environments. The testing
2		environment may be hot and dark with tightly enclosed
3		spaces, flashing lights, sirens, and other distractions.
4		The tests utilized to measure each applicant's
5		capabilities in each of these dimensions may be tests based on
6		industry standards currently in use or equivalent tests
7		approved by the Joint Labor-Management Committee of the Office
8		of the State Fire Marshal.
9		Physical ability examinations administered under this
10		Section shall be conducted with a reasonable number of
11		proctors and monitors, open to the public, and subject to
12		reasonable regulations of the commission.
13		(g) Scoring of examination components. Appointing
14		authorities may create a preliminary eligibility register. A
15		person shall be placed on the list based upon his or her
16		passage of the written examination or the passage of the
17		written examination and the physical ability component.
18		Passage of the written examination means attaining the minimum
19		score set by the commission. Minimum scores should be set by
20		the commission so as to demonstrate a candidate's ability to
21		perform the essential functions of the job. The minimum score
22		set by the commission shall be supported by appropriate
23		validation evidence and shall comply with all applicable State
24		and federal laws. The appointing authority may conduct the
25		physical ability component and any subjective components
26		subsequent to the posting of the preliminary eligibility

HB5501 Engrossed - 811 - LRB102 24698 AMC 33937 b
1		register.
2		The examination components for an initial eligibility
3		register shall be graded on a 100-point scale. A person's
4		position on the list shall be determined by the following: (i)
5		the person's score on the written examination, (ii) the person
6		successfully passing the physical ability component, and (iii)
7		the person's results on any subjective component as described
8		in subsection (d).
9		In order to qualify for placement on the final eligibility
10		register, an applicant's score on the written examination,
11		before any applicable preference points or subjective points
12		are applied, shall be at or above the minimum score as set by
13		the commission. The local appointing authority may prescribe
14		the score to qualify for placement on the final eligibility
15		register, but the score shall not be less than the minimum
16		score set by the commission.
17		The commission shall prepare and keep a register of
18		persons whose total score is not less than the minimum score
19		for passage and who have passed the physical ability
20		examination. These persons shall take rank upon the register
21		as candidates in the order of their relative excellence based
22		on the highest to the lowest total points scored on the mental
23		aptitude, subjective component, and preference components of
24		the test administered in accordance with this Section. No more
25		than 60 days after each examination, an initial eligibility
26		list shall be posted by the commission. The list shall include

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1		the final grades of the candidates without reference to
2		priority of the time of examination and subject to claim for
3		preference credit.
4		Commissions may conduct additional examinations, including
5		without limitation a polygraph test, after a final eligibility
6		register is established and before it expires with the
7		candidates ranked by total score without regard to date of
8		examination. No more than 60 days after each examination, an
9		initial eligibility list shall be posted by the commission
10		showing the final grades of the candidates without reference
11		to priority of time of examination and subject to claim for
12		preference credit.
13		(h) Preferences. The following are preferences:
14		(1) Veteran preference. Persons who were engaged in
15		the military service of the United States for a period of
16		at least one year of active duty and who were honorably
17		discharged therefrom, or who are now or have been members
18		on inactive or reserve duty in such military or naval
19		service, shall be preferred for appointment to and
20		employment with the fire department of an affected
21		department.
22		(2) Fire cadet preference. Persons who have
23		successfully completed 2 years of study in fire techniques
24		or cadet training within a cadet program established under
25		the rules of the Joint Labor and Management Committee
26		(JLMC), as defined in Section 50 of the Fire Department

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1		Promotion Act, may be preferred for appointment to and
2		employment with the fire department.
3		(3) Educational preference. Persons who have
4		successfully obtained an associate's degree in the field
5		of fire service or emergency medical services, or a
6		bachelor's degree from an accredited college or university
7		may be preferred for appointment to and employment with
8		the fire department.
9		(4) Paramedic preference. Persons who have obtained a
10		license as a paramedic shall be preferred for appointment
11		to and employment with the fire department of an affected
12		department providing emergency medical services.
13		(5) Experience preference. All persons employed by a
14		municipality who have been paid-on-call or part-time
15		certified Firefighter II, State of Illinois or nationally
16		licensed EMT, EMT-I, A-EMT, or any combination of those
17		capacities shall be awarded 0.5 point for each year of
18		successful service in one or more of those capacities, up
19		to a maximum of 5 points. Certified Firefighter III and
20		State of Illinois or nationally licensed paramedics shall
21		be awarded one point per year up to a maximum of 5 points.
22		Applicants from outside the municipality who were employed
23		as full-time firefighters or firefighter-paramedics by a
24		fire protection district or another municipality for at
25		least 2 years shall be awarded 5 experience preference
26		points. These additional points presuppose a rating scale

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1		totaling 100 points available for the eligibility list. If
2		more or fewer points are used in the rating scale for the
3		eligibility list, the points awarded under this subsection
4		shall be increased or decreased by a factor equal to the
5		total possible points available for the examination
6		divided by 100.
7		Upon request by the commission, the governing body of
8		the municipality or in the case of applicants from outside
9		the municipality the governing body of any fire protection
10		district or any other municipality shall certify to the
11		commission, within 10 days after the request, the number
12		of years of successful paid-on-call, part-time, or
13		full-time service of any person. A candidate may not
14		receive the full amount of preference points under this
15		subsection if the amount of points awarded would place the
16		candidate before a veteran on the eligibility list. If
17		more than one candidate receiving experience preference
18		points is prevented from receiving all of their points due
19		to not being allowed to pass a veteran, the candidates
20		shall be placed on the list below the veteran in rank order
21		based on the totals received if all points under this
22		subsection were to be awarded. Any remaining ties on the
23		list shall be determined by lot.
24		(6) Residency preference. Applicants whose principal
25		residence is located within the fire department's
26		jurisdiction shall be preferred for appointment to and

HB5501 Engrossed - 815 - LRB102 24698 AMC 33937 b
1		employment with the fire department.
2		(7) Additional preferences. Up to 5 additional
3		preference points may be awarded for unique categories
4		based on an applicant's experience or background as
5		identified by the commission.
6		(7.5) Apprentice preferences. A person who has
7		performed fire suppression service for a department as a
8		firefighter apprentice and otherwise meets the
9		qualifications for original appointment as a firefighter
10		specified in this Section is eligible to be awarded up to
11		20 preference points. To qualify for preference points, an
12		applicant shall have completed a minimum of 600 hours of
13		fire suppression work on a regular shift for the affected
14		fire department over a 12-month period. The fire
15		suppression work must be in accordance with Section
16		10-2.1-4 of this Division and the terms established by a
17		Joint Apprenticeship Committee included in a collective
18		bargaining agreement agreed between the employer and its
19		certified bargaining agent. An eligible applicant must
20		apply to the Joint Apprenticeship Committee for preference
21		points under this item. The Joint Apprenticeship Committee
22		shall evaluate the merit of the applicant's performance,
23		determine the preference points to be awarded, and certify
24		the amount of points awarded to the commissioners. The
25		commissioners may add the certified preference points to
26		the final grades achieved by the applicant on the other

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1		components of the examination.
2		(8) Scoring of preferences. The commission may give
3		preference for original appointment to persons designated
4		in item (1) by adding to the final grade that they receive
5		5 points for the recognized preference achieved. The
6		commission may give preference for original appointment to
7		persons designated in item (7.5) by adding to the final
8		grade the amount of points designated by the Joint
9		Apprenticeship Committee as defined in item (7.5). The
10		commission shall determine the number of preference points
11		for each category, except items (1) and (7.5). The number
12		of preference points for each category shall range from 0
13		to 5, except item (7.5). In determining the number of
14		preference points, the commission shall prescribe that if
15		a candidate earns the maximum number of preference points
16		in all categories except item (7.5), that number may not
17		be less than 10 nor more than 30. The commission shall give
18		preference for original appointment to persons designated
19		in items (2) through (7) by adding the requisite number of
20		points to the final grade for each recognized preference
21		achieved. The numerical result thus attained shall be
22		applied by the commission in determining the final
23		eligibility list and appointment from the eligibility
24		list. The local appointing authority may prescribe the
25		total number of preference points awarded under this
26		Section, but the total number of preference points, except

HB5501 Engrossed - 817 - LRB102 24698 AMC 33937 b
1		item (7.5), shall not be less than 10 points or more than
2		30 points. Apprentice preference points may be added in
3		addition to other preference points awarded by the
4		commission.
5		No person entitled to any preference shall be required to
6		claim the credit before any examination held under the
7		provisions of this Section, but the preference may be given
8		after the posting or publication of the initial eligibility
9		list or register at the request of a person entitled to a
10		credit before any certification or appointments are made from
11		the eligibility register, upon the furnishing of verifiable
12		evidence and proof of qualifying preference credit. Candidates
13		who are eligible for preference credit may make a claim in
14		writing within 10 days after the posting of the initial
15		eligibility list, or the claim may be deemed waived. Final
16		eligibility registers may be established after the awarding of
17		verified preference points. However, apprentice preference
18		credit earned subsequent to the establishment of the final
19		eligibility register may be applied to the applicant's score
20		upon certification by the Joint Apprenticeship Committee to
21		the commission and the rank order of candidates on the final
22		eligibility register shall be adjusted accordingly. All
23		employment shall be subject to the commission's initial hire
24		background review, including, but not limited to, criminal
25		history, employment history, moral character, oral
26		examination, and medical and psychological examinations, all

HB5501 Engrossed - 818 - LRB102 24698 AMC 33937 b
1		on a pass-fail basis. The medical and psychological
2		examinations must be conducted last, and may only be performed
3		after a conditional offer of employment has been extended.
4		Any person placed on an eligibility list who exceeds the
5		age requirement before being appointed to a fire department
6		shall remain eligible for appointment until the list is
7		abolished, or his or her name has been on the list for a period
8		of 2 years. No person who has attained the age of 35 years
9		shall be inducted into a fire department, except as otherwise
10		provided in this Section.
11		The commission shall strike off the names of candidates
12		for original appointment after the names have been on the list
13		for more than 2 years.
14		(i) Moral character. No person shall be appointed to a
15		fire department unless he or she is a person of good character;
16		not a habitual drunkard, a gambler, or a person who has been
17		convicted of a felony or a crime involving moral turpitude.
18		However, no person shall be disqualified from appointment to
19		the fire department because of the person's record of
20		misdemeanor convictions except those under Sections 11-6,
21		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
22		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
23		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
24		(1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of
25		Section 24-1 of the Criminal Code of 1961 or the Criminal Code
26		of 2012, or arrest for any cause without conviction thereon.

HB5501 Engrossed - 819 - LRB102 24698 AMC 33937 b
1		Any such person who is in the department may be removed on
2		charges brought for violating this subsection and after a
3		trial as hereinafter provided.
4		A classifiable set of the fingerprints of every person who
5		is offered employment as a certificated member of an affected
6		fire department whether with or without compensation, shall be
7		furnished to the Illinois State Police and to the Federal
8		Bureau of Investigation by the commission.
9		Whenever a commission is authorized or required by law to
10		consider some aspect of criminal history record information
11		for the purpose of carrying out its statutory powers and
12		responsibilities, then, upon request and payment of fees in
13		conformance with the requirements of Section 2605-400 of the
14		Illinois State Police Law of the Civil Administrative Code of
15		Illinois, the Illinois State Police is authorized to furnish,
16		pursuant to positive identification, the information contained
17		in State files as is necessary to fulfill the request.
18		(j) Temporary appointments. In order to prevent a stoppage
19		of public business, to meet extraordinary exigencies, or to
20		prevent material impairment of the fire department, the
21		commission may make temporary appointments, to remain in force
22		only until regular appointments are made under the provisions
23		of this Division, but never to exceed 60 days. No temporary
24		appointment of any one person shall be made more than twice in
25		any calendar year.
26		(k) A person who knowingly divulges or receives test

HB5501 Engrossed - 820 - LRB102 24698 AMC 33937 b
1		questions or answers before a written examination, or
2		otherwise knowingly violates or subverts any requirement of
3		this Section, commits a violation of this Section and may be
4		subject to charges for official misconduct.
5		A person who is the knowing recipient of test information
6		in advance of the examination shall be disqualified from the
7		examination or discharged from the position to which he or she
8		was appointed, as applicable, and otherwise subjected to
9		disciplinary actions.
10		(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
11		102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised
12		10-5-21.)
13		(65 ILCS 5/10-4-2.3)
14		Sec. 10-4-2.3. Required health benefits. If a
15		municipality, including a home rule municipality, is a
16		self-insurer for purposes of providing health insurance
17		coverage for its employees, the coverage shall include
18		coverage for the post-mastectomy care benefits required to be
19		covered by a policy of accident and health insurance under
20		Section 356t and the coverage required under Sections 356g,
21		356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.6, 356z.8,
22		356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
23		356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32,
24		356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
25		356z.48, and 356z.51 and 356z.43 of the Illinois Insurance

HB5501 Engrossed - 821 - LRB102 24698 AMC 33937 b
1		Code. The coverage shall comply with Sections 155.22a, 355b,
2		356z.19, and 370c of the Illinois Insurance Code. The
3		Department of Insurance shall enforce the requirements of this
4		Section. The requirement that health benefits be covered as
5		provided in this is an exclusive power and function of the
6		State and is a denial and limitation under Article VII,
7		Section 6, subsection (h) of the Illinois Constitution. A home
8		rule municipality to which this Section applies must comply
9		with every provision of this Section.
10		Rulemaking authority to implement Public Act 95-1045, if
11		any, is conditioned on the rules being adopted in accordance
12		with all provisions of the Illinois Administrative Procedure
13		Act and all rules and procedures of the Joint Committee on
14		Administrative Rules; any purported rule not so adopted, for
15		whatever reason, is unauthorized.
16		(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
17		101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
18		1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
19		eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
20		102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised
21		10-26-21.)
22		Section 300. The Revised Cities and Villages Act of 1941
23		is amended by changing Section 21-5.1 as follows:
24		(65 ILCS 20/21-5.1) (from Ch. 24, par. 21-5.1)

HB5501 Engrossed - 822 - LRB102 24698 AMC 33937 b
1		Sec. 21-5.1. Vice Mayor; election; duties; compensation.
2		Mayor - election - duties - compensation.) Following election
3		and qualification of alderpersons at a general election as
4		provided by Section 21-22 of this Act, the City Council shall
5		elect, from among its members, a Vice Mayor, to serve as
6		interim Mayor of Chicago in the event that a vacancy occurs in
7		the office of Mayor or in the event that the Council
8		determines, by 3/5 vote, that the Mayor is under a permanent or
9		protracted disability caused by illness or injury which
10		renders the Mayor unable to serve. The Vice Mayor shall serve
11		as interim Mayor. He will serve until the City Council shall
12		elect one of its members acting Mayor or until the mayoral term
13		expires.
14		The Vice Mayor shall receive no compensation as such, but
15		shall receive compensation as an alderperson even while
16		serving as interim Mayor. While serving as interim Mayor, the
17		Vice Mayor shall possess all rights and powers and shall
18		perform the duties of Mayor.
19		(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
20		Section 305. The Fire Protection District Act is amended
21		by changing Sections 16.06 and 16.06b as follows:
22		(70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
23		Sec. 16.06. Eligibility for positions in fire department;
24		disqualifications.

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1		(a) All applicants for a position in the fire department
2		of the fire protection district shall be under 35 years of age
3		and shall be subjected to examination, which shall be public,
4		competitive, and free to all applicants, subject to reasonable
5		limitations as to health, habits, and moral character;
6		provided that the foregoing age limitation shall not apply in
7		the case of any person having previous employment status as a
8		fireman in a regularly constituted fire department of any fire
9		protection district, and further provided that each fireman or
10		fire chief who is a member in good standing in a regularly
11		constituted fire department of any municipality which shall be
12		or shall have subsequently been included within the boundaries
13		of any fire protection district now or hereafter organized
14		shall be given a preference for original appointment in the
15		same class, grade or employment over all other applicants. The
16		examinations shall be practical in their character and shall
17		relate to those matters which will fairly test the persons
18		examined as to their relative capacity to discharge the duties
19		of the positions to which they seek appointment. The
20		examinations shall include tests of physical qualifications
21		and health. No applicant, however, shall be examined
22		concerning his political or religious opinions or
23		affiliations. The examinations shall be conducted by the board
24		of fire commissioners.
25		In any fire protection district that employs full-time
26		firefighters and is subject to a collective bargaining

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1		agreement, a person who has not qualified for regular
2		appointment under the provisions of this Section shall not be
3		used as a temporary or permanent substitute for certificated
4		members of a fire district's fire department or for regular
5		appointment as a certificated member of a fire district's fire
6		department unless mutually agreed to by the employee's
7		certified bargaining agent. Such agreement shall be considered
8		a permissive subject of bargaining. Fire protection districts
9		covered by the changes made by Public Act 95-490 this
10		amendatory Act of the 95th General Assembly that are using
11		non-certificated employees as substitutes immediately prior to
12		June 1, 2008 (the effective date of Public Act 95-490) this
13		amendatory Act of the 95th General Assembly may, by mutual
14		agreement with the certified bargaining agent, continue the
15		existing practice or a modified practice and that agreement
16		shall be considered a permissive subject of bargaining.
17		(b) No person shall be appointed to the fire department
18		unless he or she is a person of good character and not a person
19		who has been convicted of a felony in Illinois or convicted in
20		another jurisdiction for conduct that would be a felony under
21		Illinois law, or convicted of a crime involving moral
22		turpitude. No person, however, shall be disqualified from
23		appointment to the fire department because of his or her
24		record of misdemeanor convictions, except those under Sections
25		11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
26		11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,

HB5501 Engrossed - 825 - LRB102 24698 AMC 33937 b
1		24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
2		32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
3		11-14.3, and paragraphs subsections (1), (6), and (8) of
4		subsection (a) of Section 24-1 of the Criminal Code of 1961 or
5		the Criminal Code of 2012.
6		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
7		revised 12-3-21.)
8		(70 ILCS 705/16.06b)
9		Sec. 16.06b. Original appointments; full-time fire
10		department.
11		(a) Applicability. Unless a commission elects to follow
12		the provisions of Section 16.06c, this Section shall apply to
13		all original appointments to an affected full-time fire
14		department. Existing registers of eligibles shall continue to
15		be valid until their expiration dates, or up to a maximum of 2
16		years after August 4, 2011 (the effective date of Public Act
17		97-251).
18		Notwithstanding any statute, ordinance, rule, or other law
19		to the contrary, all original appointments to an affected
20		department to which this Section applies shall be administered
21		in a no less stringent manner than the manner provided for in
22		this Section. Provisions of the Illinois Municipal Code, Fire
23		Protection District Act, fire district ordinances, and rules
24		adopted pursuant to such authority and other laws relating to
25		initial hiring of firefighters in affected departments shall

HB5501 Engrossed - 826 - LRB102 24698 AMC 33937 b
1		continue to apply to the extent they are compatible with this
2		Section, but in the event of a conflict between this Section
3		and any other law, this Section shall control.
4		A fire protection district that is operating under a court
5		order or consent decree regarding original appointments to a
6		full-time fire department before August 4, 2011 (the effective
7		date of Public Act 97-251) is exempt from the requirements of
8		this Section for the duration of the court order or consent
9		decree.
10		(b) Original appointments. All original appointments made
11		to an affected fire department shall be made from a register of
12		eligibles established in accordance with the processes
13		required by this Section. Only persons who meet or exceed the
14		performance standards required by the Section shall be placed
15		on a register of eligibles for original appointment to an
16		affected fire department.
17		Whenever an appointing authority authorizes action to hire
18		a person to perform the duties of a firefighter or to hire a
19		firefighter-paramedic to fill a position that is a new
20		position or vacancy due to resignation, discharge, promotion,
21		death, the granting of a disability or retirement pension, or
22		any other cause, the appointing authority shall appoint to
23		that position the person with the highest ranking on the final
24		eligibility list. If the appointing authority has reason to
25		conclude that the highest ranked person fails to meet the
26		minimum standards for the position or if the appointing

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1		authority believes an alternate candidate would better serve
2		the needs of the department, then the appointing authority has
3		the right to pass over the highest ranked person and appoint
4		either: (i) any person who has a ranking in the top 5% of the
5		register of eligibles or (ii) any person who is among the top 5
6		highest ranked persons on the list of eligibles if the number
7		of people who have a ranking in the top 5% of the register of
8		eligibles is less than 5 people.
9		Any candidate may pass on an appointment once without
10		losing his or her position on the register of eligibles. Any
11		candidate who passes a second time may be removed from the list
12		by the appointing authority provided that such action shall
13		not prejudice a person's opportunities to participate in
14		future examinations, including an examination held during the
15		time a candidate is already on the fire district's register of
16		eligibles.
17		The sole authority to issue certificates of appointment
18		shall be vested in the board of fire commissioners, or board of
19		trustees serving in the capacity of a board of fire
20		commissioners. All certificates of appointment issued to any
21		officer or member of an affected department shall be signed by
22		the chairperson and secretary, respectively, of the commission
23		upon appointment of such officer or member to the affected
24		department by action of the commission. After being selected
25		from the register of eligibles to fill a vacancy in the
26		affected department, each appointee shall be presented with

HB5501 Engrossed - 828 - LRB102 24698 AMC 33937 b
1		his or her certificate of appointment on the day on which he or
2		she is sworn in as a classified member of the affected
3		department. Firefighters who were not issued a certificate of
4		appointment when originally appointed shall be provided with a
5		certificate within 10 days after making a written request to
6		the chairperson of the board of fire commissioners, or board
7		of trustees serving in the capacity of a board of fire
8		commissioners. Each person who accepts a certificate of
9		appointment and successfully completes his or her probationary
10		period shall be enrolled as a firefighter and as a regular
11		member of the fire department.
12		For the purposes of this Section, "firefighter" means any
13		person who has been prior to, on, or after August 4, 2011 (the
14		effective date of Public Act 97-251) appointed to a fire
15		department or fire protection district or employed by a State
16		university and sworn or commissioned to perform firefighter
17		duties or paramedic duties, or both, except that the following
18		persons are not included: part-time firefighters; auxiliary,
19		reserve, or voluntary firefighters, including paid-on-call
20		firefighters; clerks and dispatchers or other civilian
21		employees of a fire department or fire protection district who
22		are not routinely expected to perform firefighter duties; and
23		elected officials.
24		(c) Qualification for placement on register of eligibles.
25		The purpose of establishing a register of eligibles is to
26		identify applicants who possess and demonstrate the mental

HB5501 Engrossed - 829 - LRB102 24698 AMC 33937 b
1		aptitude and physical ability to perform the duties required
2		of members of the fire department in order to provide the
3		highest quality of service to the public. To this end, all
4		applicants for original appointment to an affected fire
5		department shall be subject to examination and testing which
6		shall be public, competitive, and open to all applicants
7		unless the district shall by ordinance limit applicants to
8		residents of the district, county or counties in which the
9		district is located, State, or nation. Any examination and
10		testing procedure utilized under subsection (e) of this
11		Section shall be supported by appropriate validation evidence
12		and shall comply with all applicable State and federal laws.
13		Districts may establish educational, emergency medical service
14		licensure, and other prerequisites for participation in an
15		examination or for hire as a firefighter. Any fire protection
16		district may charge a fee to cover the costs of the application
17		process.
18		Residency requirements in effect at the time an individual
19		enters the fire service of a district cannot be made more
20		restrictive for that individual during his or her period of
21		service for that district, or be made a condition of
22		promotion, except for the rank or position of fire chief and
23		for no more than 2 positions that rank immediately below that
24		of the chief rank which are appointed positions pursuant to
25		the Fire Department Promotion Act.
26		No person who is 35 years of age or older shall be eligible

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1		to take an examination for a position as a firefighter unless
2		the person has had previous employment status as a firefighter
3		in the regularly constituted fire department of the district,
4		except as provided in this Section. The age limitation does
5		not apply to:
6		(1) any person previously employed as a full-time
7		firefighter in a regularly constituted fire department of
8		(i) any municipality or fire protection district located
9		in Illinois, (ii) a fire protection district whose
10		obligations were assumed by a municipality under Section
11		21 of the Fire Protection District Act, or (iii) a
12		municipality whose obligations were taken over by a fire
13		protection district;
14		(2) any person who has served a fire district as a
15		regularly enrolled volunteer, paid-on-call, or part-time
16		firefighter; or
17		(3) any person who turned 35 while serving as a member
18		of the active or reserve components of any of the branches
19		of the Armed Forces of the United States or the National
20		Guard of any state, whose service was characterized as
21		honorable or under honorable, if separated from the
22		military, and is currently under the age of 40.
23		No person who is under 21 years of age shall be eligible
24		for employment as a firefighter.
25		No applicant shall be examined concerning his or her
26		political or religious opinions or affiliations. The

HB5501 Engrossed - 831 - LRB102 24698 AMC 33937 b
1		examinations shall be conducted by the commissioners of the
2		district or their designees and agents.
3		No district shall require that any firefighter appointed
4		to the lowest rank serve a probationary employment period of
5		longer than one year of actual active employment, which may
6		exclude periods of training, or injury or illness leaves,
7		including duty related leave, in excess of 30 calendar days.
8		Notwithstanding anything to the contrary in this Section, the
9		probationary employment period limitation may be extended for
10		a firefighter who is required, as a condition of employment,
11		to be a licensed paramedic, during which time the sole reason
12		that a firefighter may be discharged without a hearing is for
13		failing to meet the requirements for paramedic licensure.
14		In the event that any applicant who has been found
15		eligible for appointment and whose name has been placed upon
16		the final eligibility register provided for in this Section
17		has not been appointed to a firefighter position within one
18		year after the date of his or her physical ability
19		examination, the commission may cause a second examination to
20		be made of that applicant's physical ability prior to his or
21		her appointment. If, after the second examination, the
22		physical ability of the applicant shall be found to be less
23		than the minimum standard fixed by the rules of the
24		commission, the applicant shall not be appointed. The
25		applicant's name may be retained upon the register of
26		candidates eligible for appointment and when next reached for

HB5501 Engrossed - 832 - LRB102 24698 AMC 33937 b
1		certification and appointment that applicant may be again
2		examined as provided in this Section, and if the physical
3		ability of that applicant is found to be less than the minimum
4		standard fixed by the rules of the commission, the applicant
5		shall not be appointed, and the name of the applicant shall be
6		removed from the register.
7		(d) Notice, examination, and testing components. Notice of
8		the time, place, general scope, merit criteria for any
9		subjective component, and fee of every examination shall be
10		given by the commission, by a publication at least 2 weeks
11		preceding the examination: (i) in one or more newspapers
12		published in the district, or if no newspaper is published
13		therein, then in one or more newspapers with a general
14		circulation within the district, or (ii) on the fire
15		protection district's Internet website. Additional notice of
16		the examination may be given as the commission shall
17		prescribe.
18		The examination and qualifying standards for employment of
19		firefighters shall be based on: mental aptitude, physical
20		ability, preferences, moral character, and health. The mental
21		aptitude, physical ability, and preference components shall
22		determine an applicant's qualification for and placement on
23		the final register of eligibles. The examination may also
24		include a subjective component based on merit criteria as
25		determined by the commission. Scores from the examination must
26		be made available to the public.

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1		(e) Mental aptitude. No person who does not possess at
2		least a high school diploma or an equivalent high school
3		education shall be placed on a register of eligibles.
4		Examination of an applicant's mental aptitude shall be based
5		upon a written examination. The examination shall be practical
6		in character and relate to those matters that fairly test the
7		capacity of the persons examined to discharge the duties
8		performed by members of a fire department. Written
9		examinations shall be administered in a manner that ensures
10		the security and accuracy of the scores achieved.
11		(f) Physical ability. All candidates shall be required to
12		undergo an examination of their physical ability to perform
13		the essential functions included in the duties they may be
14		called upon to perform as a member of a fire department. For
15		the purposes of this Section, essential functions of the job
16		are functions associated with duties that a firefighter may be
17		called upon to perform in response to emergency calls. The
18		frequency of the occurrence of those duties as part of the fire
19		department's regular routine shall not be a controlling factor
20		in the design of examination criteria or evolutions selected
21		for testing. These physical examinations shall be open,
22		competitive, and based on industry standards designed to test
23		each applicant's physical abilities in the following
24		dimensions:
25		(1) Muscular strength to perform tasks and evolutions
26		that may be required in the performance of duties

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1		including grip strength, leg strength, and arm strength.
2		Tests shall be conducted under anaerobic as well as
3		aerobic conditions to test both the candidate's speed and
4		endurance in performing tasks and evolutions. Tasks tested
5		may be based on standards developed, or approved, by the
6		local appointing authority.
7		(2) The ability to climb ladders, operate from
8		heights, walk or crawl in the dark along narrow and uneven
9		surfaces, and operate in proximity to hazardous
10		environments.
11		(3) The ability to carry out critical, time-sensitive,
12		and complex problem solving during physical exertion in
13		stressful and hazardous environments. The testing
14		environment may be hot and dark with tightly enclosed
15		spaces, flashing lights, sirens, and other distractions.
16		The tests utilized to measure each applicant's
17		capabilities in each of these dimensions may be tests based on
18		industry standards currently in use or equivalent tests
19		approved by the Joint Labor-Management Committee of the Office
20		of the State Fire Marshal.
21		Physical ability examinations administered under this
22		Section shall be conducted with a reasonable number of
23		proctors and monitors, open to the public, and subject to
24		reasonable regulations of the commission.
25		(g) Scoring of examination components. Appointing
26		authorities may create a preliminary eligibility register. A

HB5501 Engrossed - 835 - LRB102 24698 AMC 33937 b
1		person shall be placed on the list based upon his or her
2		passage of the written examination or the passage of the
3		written examination and the physical ability component.
4		Passage of the written examination means attaining the minimum
5		score set by the commission. Minimum scores should be set by
6		the appointing authorities so as to demonstrate a candidate's
7		ability to perform the essential functions of the job. The
8		minimum score set by the commission shall be supported by
9		appropriate validation evidence and shall comply with all
10		applicable State and federal laws. The appointing authority
11		may conduct the physical ability component and any subjective
12		components subsequent to the posting of the preliminary
13		eligibility register.
14		The examination components for an initial eligibility
15		register shall be graded on a 100-point scale. A person's
16		position on the list shall be determined by the following: (i)
17		the person's score on the written examination, (ii) the person
18		successfully passing the physical ability component, and (iii)
19		the person's results on any subjective component as described
20		in subsection (d).
21		In order to qualify for placement on the final eligibility
22		register, an applicant's score on the written examination,
23		before any applicable preference points or subjective points
24		are applied, shall be at or above the minimum score set by the
25		commission. The local appointing authority may prescribe the
26		score to qualify for placement on the final eligibility

HB5501 Engrossed - 836 - LRB102 24698 AMC 33937 b
1		register, but the score shall not be less than the minimum
2		score set by the commission.
3		The commission shall prepare and keep a register of
4		persons whose total score is not less than the minimum score
5		for passage and who have passed the physical ability
6		examination. These persons shall take rank upon the register
7		as candidates in the order of their relative excellence based
8		on the highest to the lowest total points scored on the mental
9		aptitude, subjective component, and preference components of
10		the test administered in accordance with this Section. No more
11		than 60 days after each examination, an initial eligibility
12		list shall be posted by the commission. The list shall include
13		the final grades of the candidates without reference to
14		priority of the time of examination and subject to claim for
15		preference credit.
16		Commissions may conduct additional examinations, including
17		without limitation a polygraph test, after a final eligibility
18		register is established and before it expires with the
19		candidates ranked by total score without regard to date of
20		examination. No more than 60 days after each examination, an
21		initial eligibility list shall be posted by the commission
22		showing the final grades of the candidates without reference
23		to priority of time of examination and subject to claim for
24		preference credit.
25		(h) Preferences. The following are preferences:
26		(1) Veteran preference. Persons who were engaged in

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1		the military service of the United States for a period of
2		at least one year of active duty and who were honorably
3		discharged therefrom, or who are now or have been members
4		on inactive or reserve duty in such military or naval
5		service, shall be preferred for appointment to and
6		employment with the fire department of an affected
7		department.
8		(2) Fire cadet preference. Persons who have
9		successfully completed 2 years of study in fire techniques
10		or cadet training within a cadet program established under
11		the rules of the Joint Labor and Management Committee
12		(JLMC), as defined in Section 50 of the Fire Department
13		Promotion Act, may be preferred for appointment to and
14		employment with the fire department.
15		(3) Educational preference. Persons who have
16		successfully obtained an associate's degree in the field
17		of fire service or emergency medical services, or a
18		bachelor's degree from an accredited college or university
19		may be preferred for appointment to and employment with
20		the fire department.
21		(4) Paramedic preference. Persons who have obtained a
22		license as a paramedic may be preferred for appointment to
23		and employment with the fire department of an affected
24		department providing emergency medical services.
25		(5) Experience preference. All persons employed by a
26		district who have been paid-on-call or part-time certified

HB5501 Engrossed - 838 - LRB102 24698 AMC 33937 b
1		Firefighter II, certified Firefighter III, State of
2		Illinois or nationally licensed EMT, EMT-I, A-EMT, or
3		paramedic, or any combination of those capacities may be
4		awarded up to a maximum of 5 points. However, the
5		applicant may not be awarded more than 0.5 points for each
6		complete year of paid-on-call or part-time service.
7		Applicants from outside the district who were employed as
8		full-time firefighters or firefighter-paramedics by a fire
9		protection district or municipality for at least 2 years
10		may be awarded up to 5 experience preference points.
11		However, the applicant may not be awarded more than one
12		point for each complete year of full-time service.
13		Upon request by the commission, the governing body of
14		the district or in the case of applicants from outside the
15		district the governing body of any other fire protection
16		district or any municipality shall certify to the
17		commission, within 10 days after the request, the number
18		of years of successful paid-on-call, part-time, or
19		full-time service of any person. A candidate may not
20		receive the full amount of preference points under this
21		subsection if the amount of points awarded would place the
22		candidate before a veteran on the eligibility list. If
23		more than one candidate receiving experience preference
24		points is prevented from receiving all of their points due
25		to not being allowed to pass a veteran, the candidates
26		shall be placed on the list below the veteran in rank order

HB5501 Engrossed - 839 - LRB102 24698 AMC 33937 b
1		based on the totals received if all points under this
2		subsection were to be awarded. Any remaining ties on the
3		list shall be determined by lot.
4		(6) Residency preference. Applicants whose principal
5		residence is located within the fire department's
6		jurisdiction may be preferred for appointment to and
7		employment with the fire department.
8		(7) Additional preferences. Up to 5 additional
9		preference points may be awarded for unique categories
10		based on an applicant's experience or background as
11		identified by the commission.
12		(7.5) Apprentice preferences. A person who has
13		performed fire suppression service for a department as a
14		firefighter apprentice and otherwise meets the
15		qualifications for original appointment as a firefighter
16		specified in this Section is eligible to be awarded up to
17		20 preference points. To qualify for preference points, an
18		applicant shall have completed a minimum of 600 hours of
19		fire suppression work on a regular shift for the affected
20		fire department over a 12-month period. The fire
21		suppression work must be in accordance with Section 16.06
22		of this Act and the terms established by a Joint
23		Apprenticeship Committee included in a collective
24		bargaining agreement agreed between the employer and its
25		certified bargaining agent. An eligible applicant must
26		apply to the Joint Apprenticeship Committee for preference

HB5501 Engrossed - 840 - LRB102 24698 AMC 33937 b
1		points under this item. The Joint Apprenticeship Committee
2		shall evaluate the merit of the applicant's performance,
3		determine the preference points to be awarded, and certify
4		the amount of points awarded to the commissioners. The
5		commissioners may add the certified preference points to
6		the final grades achieved by the applicant on the other
7		components of the examination.
8		(8) Scoring of preferences. The commission shall give
9		preference for original appointment to persons designated
10		in item (1) by adding to the final grade that they receive
11		5 points for the recognized preference achieved. The
12		commission may give preference for original appointment to
13		persons designated in item (7.5) by adding to the final
14		grade the amount of points designated by the Joint
15		Apprenticeship Committee as defined in item (7.5). The
16		commission shall determine the number of preference points
17		for each category, except (1) and (7.5). The number of
18		preference points for each category shall range from 0 to
19		5, except item (7.5). In determining the number of
20		preference points, the commission shall prescribe that if
21		a candidate earns the maximum number of preference points
22		in all categories except item (7.5), that number may not
23		be less than 10 nor more than 30. The commission shall give
24		preference for original appointment to persons designated
25		in items (2) through (7) by adding the requisite number of
26		points to the final grade for each recognized preference

HB5501 Engrossed - 841 - LRB102 24698 AMC 33937 b
1		achieved. The numerical result thus attained shall be
2		applied by the commission in determining the final
3		eligibility list and appointment from the eligibility
4		list. The local appointing authority may prescribe the
5		total number of preference points awarded under this
6		Section, but the total number of preference points, except
7		item (7.5), shall not be less than 10 points or more than
8		30 points. Apprentice preference points may be added in
9		addition to other preference points awarded by the
10		commission.
11		No person entitled to any preference shall be required to
12		claim the credit before any examination held under the
13		provisions of this Section, but the preference shall be given
14		after the posting or publication of the initial eligibility
15		list or register at the request of a person entitled to a
16		credit before any certification or appointments are made from
17		the eligibility register, upon the furnishing of verifiable
18		evidence and proof of qualifying preference credit. Candidates
19		who are eligible for preference credit shall make a claim in
20		writing within 10 days after the posting of the initial
21		eligibility list, or the claim shall be deemed waived. Final
22		eligibility registers shall be established after the awarding
23		of verified preference points. However, apprentice preference
24		credit earned subsequent to the establishment of the final
25		eligibility register may be applied to the applicant's score
26		upon certification by the Joint Apprenticeship Committee to

HB5501 Engrossed - 842 - LRB102 24698 AMC 33937 b
1		the commission and the rank order of candidates on the final
2		eligibility register shall be adjusted accordingly. All
3		employment shall be subject to the commission's initial hire
4		background review, including, but not limited to, criminal
5		history, employment history, moral character, oral
6		examination, and medical and psychological examinations, all
7		on a pass-fail basis. The medical and psychological
8		examinations must be conducted last, and may only be performed
9		after a conditional offer of employment has been extended.
10		Any person placed on an eligibility list who exceeds the
11		age requirement before being appointed to a fire department
12		shall remain eligible for appointment until the list is
13		abolished, or his or her name has been on the list for a period
14		of 2 years. No person who has attained the age of 35 years
15		shall be inducted into a fire department, except as otherwise
16		provided in this Section.
17		The commission shall strike off the names of candidates
18		for original appointment after the names have been on the list
19		for more than 2 years.
20		(i) Moral character. No person shall be appointed to a
21		fire department unless he or she is a person of good character;
22		not a habitual drunkard, a gambler, or a person who has been
23		convicted of a felony or a crime involving moral turpitude.
24		However, no person shall be disqualified from appointment to
25		the fire department because of the person's record of
26		misdemeanor convictions except those under Sections 11-6,

HB5501 Engrossed - 843 - LRB102 24698 AMC 33937 b
1		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
3		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
4		(1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of
5		Section 24-1 of the Criminal Code of 1961 or the Criminal Code
6		of 2012, or arrest for any cause without conviction thereon.
7		Any such person who is in the department may be removed on
8		charges brought for violating this subsection and after a
9		trial as hereinafter provided.
10		A classifiable set of the fingerprints of every person who
11		is offered employment as a certificated member of an affected
12		fire department whether with or without compensation, shall be
13		furnished to the Illinois State Police and to the Federal
14		Bureau of Investigation by the commission.
15		Whenever a commission is authorized or required by law to
16		consider some aspect of criminal history record information
17		for the purpose of carrying out its statutory powers and
18		responsibilities, then, upon request and payment of fees in
19		conformance with the requirements of Section 2605-400 of the
20		Illinois State Police Law of the Civil Administrative Code of
21		Illinois, the Illinois State Police is authorized to furnish,
22		pursuant to positive identification, the information contained
23		in State files as is necessary to fulfill the request.
24		(j) Temporary appointments. In order to prevent a stoppage
25		of public business, to meet extraordinary exigencies, or to
26		prevent material impairment of the fire department, the

HB5501 Engrossed - 844 - LRB102 24698 AMC 33937 b
1		commission may make temporary appointments, to remain in force
2		only until regular appointments are made under the provisions
3		of this Section, but never to exceed 60 days. No temporary
4		appointment of any one person shall be made more than twice in
5		any calendar year.
6		(k) A person who knowingly divulges or receives test
7		questions or answers before a written examination, or
8		otherwise knowingly violates or subverts any requirement of
9		this Section, commits a violation of this Section and may be
10		subject to charges for official misconduct.
11		A person who is the knowing recipient of test information
12		in advance of the examination shall be disqualified from the
13		examination or discharged from the position to which he or she
14		was appointed, as applicable, and otherwise subjected to
15		disciplinary actions.
16		(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
17		102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised
18		11-23-21.)
19		Section 310. The School Code is amended by changing
20		Sections 2-3.25o, 2-3.80, 10-17a, 10-21.9, 10-22.3f, 10-22.6,
21		10-22.39, 10-27.1A, 14-8.02, 18-8.15, 21A-25.5, 22-30, 24-2,
22		26-1, 26-2a, 26-13, 27-23.7, 27A-5, 29-5, 34-2.1, 34-4.5,
23		34-18.5, 34-18.8, and 34-21.9, by setting forth, renumbering,
24		and changing multiple versions of Sections 2-3.182, 10-20.73,
25		10-20.75, 14-17, and 22-90, and by setting forth and

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1		renumbering Sections 27-23.15 and 34-18.67 as follows:
2		(105 ILCS 5/2-3.25o)
3		Sec. 2-3.25o. Registration and recognition of non-public
4		elementary and secondary schools.
5		(a) Findings. The General Assembly finds and declares (i)
6		that the Constitution of the State of Illinois provides that a
7		"fundamental goal of the People of the State is the
8		educational development of all persons to the limits of their
9		capacities" and (ii) that the educational development of every
10		school student serves the public purposes of the State. In
11		order to ensure that all Illinois students and teachers have
12		the opportunity to enroll and work in State-approved
13		educational institutions and programs, the State Board of
14		Education shall provide for the voluntary registration and
15		recognition of non-public elementary and secondary schools.
16		(b) Registration. All non-public elementary and secondary
17		schools in the State of Illinois may voluntarily register with
18		the State Board of Education on an annual basis. Registration
19		shall be completed in conformance with procedures prescribed
20		by the State Board of Education. Information required for
21		registration shall include assurances of compliance (i) with
22		federal and State laws regarding health examination and
23		immunization, attendance, length of term, and
24		nondiscrimination, including assurances that the school will
25		not prohibit hairstyles historically associated with race,

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1		ethnicity, or hair texture, including, but not limited to,
2		protective hairstyles such as braids, locks, and twists, and
3		(ii) with applicable fire and health safety requirements.
4		(c) Recognition. All non-public elementary and secondary
5		schools in the State of Illinois may voluntarily seek the
6		status of "Non-public School Recognition" from the State Board
7		of Education. This status may be obtained by compliance with
8		administrative guidelines and review procedures as prescribed
9		by the State Board of Education. The guidelines and procedures
10		must recognize that some of the aims and the financial bases of
11		non-public schools are different from public schools and will
12		not be identical to those for public schools, nor will they be
13		more burdensome. The guidelines and procedures must also
14		recognize the diversity of non-public schools and shall not
15		impinge upon the noneducational relationships between those
16		schools and their clientele.
17		(c-5) Prohibition against recognition. A non-public
18		elementary or secondary school may not obtain "Non-public
19		School Recognition" status unless the school requires all
20		certified and non-certified applicants for employment with the
21		school, after July 1, 2007, to authorize a fingerprint-based
22		criminal history records check as a condition of employment to
23		determine if such applicants have been convicted of any of the
24		enumerated criminal or drug offenses set forth in Section
25		21B-80 of this Code or have been convicted, within 7 years of
26		the application for employment, of any other felony under the

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1		laws of this State or of any offense committed or attempted in
2		any other state or against the laws of the United States that,
3		if committed or attempted in this State, would have been
4		punishable as a felony under the laws of this State.
5		Authorization for the check shall be furnished by the
6		applicant to the school, except that if the applicant is a
7		substitute teacher seeking employment in more than one
8		non-public school, a teacher seeking concurrent part-time
9		employment positions with more than one non-public school (as
10		a reading specialist, special education teacher, or
11		otherwise), or an educational support personnel employee
12		seeking employment positions with more than one non-public
13		school, then only one of the non-public schools employing the
14		individual shall request the authorization. Upon receipt of
15		this authorization, the non-public school shall submit the
16		applicant's name, sex, race, date of birth, social security
17		number, fingerprint images, and other identifiers, as
18		prescribed by the Illinois State Police, to the Illinois State
19		Police.
20		The Illinois State Police and Federal Bureau of
21		Investigation shall furnish, pursuant to a fingerprint-based
22		criminal history records check, records of convictions,
23		forever and hereafter, until expunged, to the president or
24		principal of the non-public school that requested the check.
25		The Illinois State Police shall charge that school a fee for
26		conducting such check, which fee must be deposited into the

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1		State Police Services Fund and must not exceed the cost of the
2		inquiry. Subject to appropriations for these purposes, the
3		State Superintendent of Education shall reimburse non-public
4		schools for fees paid to obtain criminal history records
5		checks under this Section.
6		A non-public school may not obtain recognition status
7		unless the school also performs a check of the Statewide Sex
8		Offender Database, as authorized by the Sex Offender Community
9		Notification Law, for each applicant for employment, after
10		July 1, 2007, to determine whether the applicant has been
11		adjudicated a sex offender.
12		Any information concerning the record of convictions
13		obtained by a non-public school's president or principal under
14		this Section is confidential and may be disseminated only to
15		the governing body of the non-public school or any other
16		person necessary to the decision of hiring the applicant for
17		employment. A copy of the record of convictions obtained from
18		the Illinois State Police shall be provided to the applicant
19		for employment. Upon a check of the Statewide Sex Offender
20		Database, the non-public school shall notify the applicant as
21		to whether or not the applicant has been identified in the Sex
22		Offender Database as a sex offender. Any information
23		concerning the records of conviction obtained by the
24		non-public school's president or principal under this Section
25		for a substitute teacher seeking employment in more than one
26		non-public school, a teacher seeking concurrent part-time

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1		employment positions with more than one non-public school (as
2		a reading specialist, special education teacher, or
3		otherwise), or an educational support personnel employee
4		seeking employment positions with more than one non-public
5		school may be shared with another non-public school's
6		principal or president to which the applicant seeks
7		employment. Any unauthorized release of confidential
8		information may be a violation of Section 7 of the Criminal
9		Identification Act.
10		No non-public school may obtain recognition status that
11		knowingly employs a person, hired after July 1, 2007, for whom
12		an Illinois State Police and Federal Bureau of Investigation
13		fingerprint-based criminal history records check and a
14		Statewide Sex Offender Database check has not been initiated
15		or who has been convicted of any offense enumerated in Section
16		21B-80 of this Code or any offense committed or attempted in
17		any other state or against the laws of the United States that,
18		if committed or attempted in this State, would have been
19		punishable as one or more of those offenses. No non-public
20		school may obtain recognition status under this Section that
21		knowingly employs a person who has been found to be the
22		perpetrator of sexual or physical abuse of a minor under 18
23		years of age pursuant to proceedings under Article II of the
24		Juvenile Court Act of 1987.
25		In order to obtain recognition status under this Section,
26		a non-public school must require compliance with the

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1		provisions of this subsection (c-5) from all employees of
2		persons or firms holding contracts with the school, including,
3		but not limited to, food service workers, school bus drivers,
4		and other transportation employees, who have direct, daily
5		contact with pupils. Any information concerning the records of
6		conviction or identification as a sex offender of any such
7		employee obtained by the non-public school principal or
8		president must be promptly reported to the school's governing
9		body.
10		Prior to the commencement of any student teaching
11		experience or required internship (which is referred to as
12		student teaching in this Section) in any non-public elementary
13		or secondary school that has obtained or seeks to obtain
14		recognition status under this Section, a student teacher is
15		required to authorize a fingerprint-based criminal history
16		records check. Authorization for and payment of the costs of
17		the check must be furnished by the student teacher to the chief
18		administrative officer of the non-public school where the
19		student teaching is to be completed. Upon receipt of this
20		authorization and payment, the chief administrative officer of
21		the non-public school shall submit the student teacher's name,
22		sex, race, date of birth, social security number, fingerprint
23		images, and other identifiers, as prescribed by the Illinois
24		State Police, to the Illinois State Police. The Illinois State
25		Police and the Federal Bureau of Investigation shall furnish,
26		pursuant to a fingerprint-based criminal history records

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1		check, records of convictions, forever and hereinafter, until
2		expunged, to the chief administrative officer of the
3		non-public school that requested the check. The Illinois State
4		Police shall charge the school a fee for conducting the check,
5		which fee must be passed on to the student teacher, must not
6		exceed the cost of the inquiry, and must be deposited into the
7		State Police Services Fund. The school shall further perform a
8		check of the Statewide Sex Offender Database, as authorized by
9		the Sex Offender Community Notification Law, and of the
10		Statewide Murderer and Violent Offender Against Youth
11		Database, as authorized by the Murderer and Violent Offender
12		Against Youth Registration Act, for each student teacher. No
13		school that has obtained or seeks to obtain recognition status
14		under this Section may knowingly allow a person to student
15		teach for whom a criminal history records check, a Statewide
16		Sex Offender Database check, and a Statewide Murderer and
17		Violent Offender Against Youth Database check have not been
18		completed and reviewed by the chief administrative officer of
19		the non-public school.
20		A copy of the record of convictions obtained from the
21		Illinois State Police must be provided to the student teacher.
22		Any information concerning the record of convictions obtained
23		by the chief administrative officer of the non-public school
24		is confidential and may be transmitted only to the chief
25		administrative officer of the non-public school or his or her
26		designee, the State Superintendent of Education, the State

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1		Educator Preparation and Licensure Board, or, for
2		clarification purposes, the Illinois State Police or the
3		Statewide Sex Offender Database or Statewide Murderer and
4		Violent Offender Against Youth Database. Any unauthorized
5		release of confidential information may be a violation of
6		Section 7 of the Criminal Identification Act.
7		No school that has obtained or seeks to obtain recognition
8		status under this Section may knowingly allow a person to
9		student teach who has been convicted of any offense that would
10		subject him or her to license suspension or revocation
11		pursuant to Section 21B-80 of this Code or who has been found
12		to be the perpetrator of sexual or physical abuse of a minor
13		under 18 years of age pursuant to proceedings under Article II
14		of the Juvenile Court Act of 1987.
15		Any school that has obtained or seeks to obtain
16		recognition status under this Section may not prohibit
17		hairstyles historically associated with race, ethnicity, or
18		hair texture, including, but not limited to, protective
19		hairstyles such as braids, locks, and twists.
20		(d) Public purposes. The provisions of this Section are in
21		the public interest, for the public benefit, and serve secular
22		public purposes.
23		(e) Definition. For purposes of this Section, a non-public
24		school means any non-profit, non-home-based, and non-public
25		elementary or secondary school that is in compliance with
26		Title VI of the Civil Rights Act of 1964 and attendance at

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1		which satisfies the requirements of Section 26-1 of this Code.
2		(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
3		revised 10-4-21.)
4		(105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)
5		Sec. 2-3.80. (a) The General Assembly recognizes that
6		agriculture is the most basic and singularly important
7		industry in the State, that agriculture is of central
8		importance to the welfare and economic stability of the State,
9		and that the maintenance of this vital industry requires a
10		continued source of trained and qualified individuals for
11		employment in agriculture and agribusiness. The General
12		Assembly hereby declares that it is in the best interests of
13		the people of the State of Illinois that a comprehensive
14		education program in agriculture be created and maintained by
15		the State's public school system in order to ensure an
16		adequate supply of trained and skilled individuals and to
17		ensure appropriate representation of racial and ethnic groups
18		in all phases of the industry. It is the intent of the General
19		Assembly that a State program for agricultural education shall
20		be a part of the curriculum of the public school system K
21		through adult, and made readily available to all school
22		districts which may, at their option, include programs in
23		education in agriculture as a part of the curriculum of that
24		district.
25		(b) The State Board of Education shall adopt such rules

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1		and regulations as are necessary to implement the provisions
2		of this Section. The rules and regulations shall not create
3		any new State mandates on school districts as a condition of
4		receiving federal, State, and local funds by those entities.
5		It is in the intent of the General Assembly that, although this
6		Section does not create any new mandates, school districts are
7		strongly advised to follow the guidelines set forth in this
8		Section.
9		(c) The State Superintendent of Education shall assume
10		responsibility for the administration of the State program
11		adopted under this Section throughout the public school system
12		as well as the articulation of the State program to the
13		requirements and mandates of federally assisted education.
14		There is currently within the State Board of Education an
15		agricultural education unit to assist school districts in the
16		establishment and maintenance of educational programs pursuant
17		to the provisions of this Section. The staffing of the unit
18		shall at all times be comprised of an appropriate number of
19		full-time employees who shall serve as program consultants in
20		agricultural education and shall be available to provide
21		assistance to school districts. At least one consultant shall
22		be responsible for the coordination of the State program, as
23		Head Consultant. At least one consultant shall be responsible
24		for the coordination of the activities of student and
25		agricultural organizations and associations.
26		(d) A committee of 13 agriculturalists representative of

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1		the various and diverse areas of the agricultural industry in
2		Illinois shall be established to at least develop a curriculum
3		and overview the implementation of the Build Illinois through
4		Quality Agricultural Education plans of the Illinois
5		Leadership Council for Agricultural Education and to advise
6		the State Board of Education on vocational agricultural
7		education, including the administration of the agricultural
8		education line item appropriation and agency rulemaking that
9		affects agricultural education educators. The committee shall
10		be composed of the following:
11		(1) 3 6 agriculturalists representing the Illinois
12		Leadership Council for Agricultural Education;
13		(2) 3 agriculturalists;
14		(3) 2 secondary agriculture teachers;
15		(4) one representative of "Ag In The Classroom";
16		(5) one community college agriculture teacher;
17		(6) one adult agriculture educator;
18		(7) one university agriculture teacher educator; and
19		(8) one FFA representative.
20		All members of the committee shall be appointed by the
21		Governor by and with the advice and consent of the Senate. The
22		terms of all members so appointed shall be for 3 years, except
23		that of the members initially appointed, 5 shall be appointed
24		to serve for terms of one year, 4 shall be appointed to serve
25		for terms of 2 years, and 4 shall be appointed to serve for
26		terms of 3 years. All members of the committee shall serve

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1		until their successors are appointed and qualified. Subject to
2		a requirement that committee members in office before January
3		1, 2022 (the effective date of Public Act 102-463) this
4		amendatory Act of 102nd General Assembly may serve the full
5		term to which they were appointed, the appointment of
6		committee members to terms that commence on or after January
7		1, 2022 (the effective date of Public Act 102-463) this
8		amendatory Act of the 102nd General Assembly shall be made in a
9		manner that gives effect at the earliest possible time to the
10		changes that are required by Public Act 102-463 this
11		amendatory Act of the 102nd General Assembly in the
12		representative composition of the committee's membership.
13		Vacancies in terms shall be filled by appointment of the
14		Governor with the advice and consent of the Senate for the
15		extent of the unexpired term.
16		The State Board of Education shall implement a Build
17		Illinois through Quality Agricultural Education plan following
18		receipt of these recommendations, which shall be made
19		available on or before March 31, 1987. Recommendations shall
20		include, but not be limited to, the development of a
21		curriculum and a strategy for the purpose of establishing a
22		source of trained and qualified individuals in agriculture, a
23		strategy for articulating the State program in agricultural
24		education throughout the public school system, and a consumer
25		education outreach strategy regarding the importance of
26		agriculture in Illinois.

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1		The committee of agriculturalists shall serve without
2		compensation.
3		(e) A school district that offers a secondary agricultural
4		education program that is approved for State and federal
5		funding must ensure that, at a minimum, all of the following
6		are available to its secondary agricultural education
7		students:
8		(1) An instructional sequence of courses approved by
9		the State Board of Education.
10		(2) A State and nationally affiliated FFA (Future
11		Farmers of America) chapter that is integral to
12		instruction and is not treated solely as an
13		extracurricular activity.
14		(3) A mechanism for ensuring the involvement of all
15		secondary agricultural education students in formal,
16		supervised, agricultural-experience activities and
17		programs.
18		(f) Nothing in this Section may prevent those secondary
19		agricultural education programs that are in operation before
20		January 1, 2007 (the effective date of Public Act 94-855) and
21		that do not have an active State and nationally affiliated FFA
22		chapter from continuing to operate or from continuing to
23		receive funding from the State Board of Education.
24		(Source: P.A. 102-463, eff. 1-1-22; 102-558, eff. 8-20-21;
25		revised 10-5-21.)

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1		(105 ILCS 5/2-3.182)
2		Sec. 2-3.182. Annual census of personnel holding school
3		support personnel endorsements.
4		(a) In this Section:
5		"School support personnel endorsement" means an
6		endorsement affixed to a Professional Educator License as
7		referenced in subparagraph (G) of paragraph (2) of Section
8		21B-25 of this Code.
9		"Special education joint agreement" means an entity formed
10		pursuant to Section 10-22.31 of this Code.
11		(b) No later than December 1, 2023 and each December 1st
12		annually thereafter, the State Board of Education must make
13		available on its website the following information for each
14		school district as of October 1st of each year beginning in
15		2022:
16		(1) The total number of personnel with a school
17		support personnel endorsement and, for each endorsement
18		area:
19		(A) those actively employed on a full-time basis
20		by the school district;
21		(B) those actively employed on a part-time basis
22		by the school district; and
23		(C) those actively employed by a special education
24		joint agreement providing services to students in the
25		school district.
26		(2) The total number of students enrolled in the

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1		school district and, of that total, the number of students
2		with an individualized education program or a plan
3		pursuant to Section 504 of the federal Rehabilitation Act
4		of 1973.
5		(Source: P.A. 102-302, eff. 1-1-22.)
6		(105 ILCS 5/2-3.189)
7		Sec. 2-3.189 2-3.182. School unused food sharing plan.
8		School districts shall incorporate a food sharing plan for
9		unused food into their local wellness policy under Section
10		2-3.139. The food sharing plan shall focus on needy students,
11		with the plan being developed and supported jointly by the
12		district's local health department. Participants in the child
13		nutrition programs, the National School Lunch Program and
14		National School Breakfast Program, the Child and Adult Care
15		Food Program (CACFP), and the Summer Food Service Program
16		(SFSP) shall adhere to the provisions of the Richard B.
17		Russell National School Lunch Act, as well as accompanying
18		guidance from the U.S. Department of Agriculture on the Food
19		Donation Program, to ensure that any leftover food items are
20		properly donated in order to combat potential food insecurity
21		in their communities. For the purpose of this Section,
22		"properly" means in accordance with all federal regulations
23		and State and local health and sanitation codes.
24		(Source: P.A. 102-359, eff. 8-13-21; revised 11-9-21.)

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1		(105 ILCS 5/2-3.190)
2		Sec. 2-3.190 2-3.182. Anaphylactic policy for school
3		districts.
4		(a) The State Board of Education, in consultation with the
5		Department of Public Health, shall establish an anaphylactic
6		policy for school districts setting forth guidelines and
7		procedures to be followed both for the prevention of
8		anaphylaxis and during a medical emergency resulting from
9		anaphylaxis. The policy shall be developed after consultation
10		with the advisory committee established pursuant to Section 5
11		of the Critical Health Problems and Comprehensive Health
12		Education Act. In establishing the policy required under this
13		Section, the State Board shall consider existing requirements
14		and current and best practices for schools regarding allergies
15		and anaphylaxis. The State Board must also consider the
16		voluntary guidelines for managing food allergies in schools
17		issued by the United States Department of Health and Human
18		Services.
19		(b) The anaphylactic policy established under subsection
20		(a) shall include the following:
21		(1) A procedure and treatment plan, including
22		emergency protocols and responsibilities for school nurses
23		and other appropriate school personnel, for responding to
24		anaphylaxis.
25		(2) Requirements for a training course for appropriate
26		school personnel on preventing and responding to

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1		anaphylaxis.
2		(3) A procedure and appropriate guidelines for the
3		development of an individualized emergency health care
4		plan for children with a food or other allergy that could
5		result in anaphylaxis.
6		(4) A communication plan for intake and dissemination
7		of information provided by this State regarding children
8		with a food or other allergy that could result in
9		anaphylaxis, including a discussion of methods,
10		treatments, and therapies to reduce the risk of allergic
11		reactions, including anaphylaxis.
12		(5) Strategies for reducing the risk of exposure to
13		anaphylactic causative agents, including food and other
14		allergens.
15		(6) A communication plan for discussion with children
16		who have developed adequate verbal communication and
17		comprehension skills and with the parents or guardians of
18		all children about foods that are safe and unsafe and
19		about strategies to avoid exposure to unsafe food.
20		(c) At least once each calendar year, each school district
21		shall send a notification to the parents or guardians of all
22		children under the care of a school to make them aware of the
23		anaphylactic policy. The notification shall include contact
24		information for parents and guardians to engage further with
25		the school to learn more about individualized aspects of the
26		policy.

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1		(d) At least 6 months after August 20, 2021 (the effective
2		date of Public Act 102-413) this amendatory Act of the 102nd
3		General Assembly, the anaphylactic policy established under
4		subsection (a) shall be forwarded by the State Board to the
5		school board of each school district in this State. Each
6		school district shall implement or update, as appropriate, its
7		anaphylactic policy in accordance with those developed by the
8		State Board within 6 months after receiving the anaphylactic
9		policy from the State Board.
10		(e) The anaphylactic policy established under subsection
11		(a) shall be reviewed and updated, if necessary, at least once
12		every 3 years.
13		(f) The State Board shall post the anaphylactic policy
14		established under subsection (a) and resources regarding
15		allergies and anaphylaxis on its website.
16		(g) The State Board may adopt any rules necessary to
17		implement this Section.
18		(Source: P.A. 102-413, eff. 8-20-21; revised 11-9-21.)
19		(105 ILCS 5/2-3.191)
20		Sec. 2-3.191 2-3.182. State Education Equity Committee.
21		(a) The General Assembly finds that this State has an
22		urgent and collective responsibility to achieve educational
23		equity by ensuring that all policies, programs, and practices
24		affirm the strengths that each and every child brings with
25		diverse backgrounds and life experiences and by delivering the

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1		comprehensive support, programs, and educational opportunities
2		children need to succeed.
3		(b) The State Education Equity Committee is created within
4		the State Board of Education to strive toward ensuring equity
5		in education for all children from birth through grade 12.
6		(c) The Committee shall consist of the State
7		Superintendent of Education or the State Superintendent's
8		designee, who shall serve as chairperson, and one member from
9		each of the following organizations appointed by the State
10		Superintendent:
11		(1) At least 2 educators who each represent a
12		different statewide professional teachers' organization.
13		(2) A professional teachers' organization located in a
14		city having a population exceeding 500,000.
15		(3) A statewide association representing school
16		administrators.
17		(4) A statewide association representing regional
18		superintendents of schools.
19		(5) A statewide association representing school board
20		members.
21		(6) A statewide association representing school
22		principals.
23		(7) A school district serving a community with a
24		population of 500,000 or more.
25		(8) A parent-led organization.
26		(9) A student-led organization.

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1		(10) One community organization that works to foster
2		safe and healthy environments through advocacy for
3		immigrant families and ensuring equitable opportunities
4		for educational advancement and economic development.
5		(11) An organization that works for economic,
6		educational, and social progress for African Americans and
7		promotes strong sustainable communities through advocacy,
8		collaboration, and innovation.
9		(12) One statewide organization whose focus is to
10		narrow or close the achievement gap between students of
11		color and their peers.
12		(13) An organization that advocates for healthier
13		school environments in this State.
14		(14) One statewide organization that advocates for
15		partnerships among schools, families, and the community,
16		provides access to support, and removes barriers to
17		learning and development, using schools as hubs.
18		(15) One organization that advocates for the health
19		and safety of Illinois youth and families by providing
20		capacity building services.
21		(16) An organization dedicated to advocating for
22		public policies to prevent homelessness.
23		(17) Other appropriate State agencies as determined by
24		the State Superintendent.
25		Members appointed to the Committee must reflect, as much
26		as possible, the racial, ethnic, and geographic diversity of

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1		this State.
2		(d) Members appointed by the State Superintendent shall
3		serve without compensation, but may be reimbursed for
4		reasonable and necessary expenses, including travel, from
5		funds appropriated to the State Board of Education for that
6		purpose, subject to the rules of the appropriate travel
7		control board.
8		(e) The Committee shall meet at the call of the
9		chairperson, but shall meet no less than 3 times a year.
10		(f) The Committee shall recognize that, while progress has
11		been made, much remains to be done to address systemic
12		inequities and ensure each and every child is equipped to
13		reach the child's fullest potential and shall:
14		(1) guide its work through the principles of equity,
15		equality, collaboration, and community;
16		(2) focus its work around the overarching goals of
17		student learning, learning conditions, and elevating
18		educators, all underpinned by equity;
19		(3) identify evidence-based practices or policies
20		around these goals to build on this State's progress of
21		ensuring educational equity for all its students in all
22		aspects of birth through grade 12 education; and
23		(4) seek input and feedback on identified
24		evidence-based practices or policies from stakeholders,
25		including, but not limited to, parents, students, and
26		educators that reflect the rich diversity of Illinois

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1		students.
2		(g) The Committee shall submit its recommendations to the
3		General Assembly and the State Board of Education no later
4		than January 31, 2022. By no later than December 15, 2023 and
5		each year thereafter, the Committee shall report to the
6		General Assembly and the State Board of Education about the
7		additional progress that has been made to achieve educational
8		equity.
9		(Source: P.A. 102-458, eff. 8-20-21; revised 1-15-22.)
10		(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
11		(Text of Section before amendment by P.A. 102-594)
12		Sec. 10-17a. State, school district, and school report
13		cards.
14		(1) By October 31, 2013 and October 31 of each subsequent
15		school year, the State Board of Education, through the State
16		Superintendent of Education, shall prepare a State report
17		card, school district report cards, and school report cards,
18		and shall by the most economical economic means provide to
19		each school district in this State, including special charter
20		districts and districts subject to the provisions of Article
21		34, the report cards for the school district and each of its
22		schools. Because of the impacts of the COVID-19 public health
23		emergency during school year 2020-2021, the State Board of
24		Education shall have until December 31, 2021 to prepare and
25		provide the report cards that would otherwise be due by

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1		October 31, 2021. During a school year in which the Governor
2		has declared a disaster due to a public health emergency
3		pursuant to Section 7 of the Illinois Emergency Management
4		Agency Act, the report cards for the school districts and each
5		of its schools shall be prepared by December 31.
6		(2) In addition to any information required by federal
7		law, the State Superintendent shall determine the indicators
8		and presentation of the school report card, which must
9		include, at a minimum, the most current data collected and
10		maintained by the State Board of Education related to the
11		following:
12		(A) school characteristics and student demographics,
13		including average class size, average teaching experience,
14		student racial/ethnic breakdown, and the percentage of
15		students classified as low-income; the percentage of
16		students classified as English learners, the number of
17		students who graduate from a bilingual or English learner
18		program, and the number of students who graduate from,
19		transfer from, or otherwise leave bilingual programs; the
20		percentage of students who have individualized education
21		plans or 504 plans that provide for special education
22		services; the number and percentage of all students who
23		have been assessed for placement in a gifted education or
24		advanced academic program and, of those students: (i) the
25		racial and ethnic breakdown, (ii) the percentage who are
26		classified as low-income, and (iii) the number and

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1		percentage of students who received direct instruction
2		from a teacher who holds a gifted education endorsement
3		and, of those students, the percentage who are classified
4		as low-income; the percentage of students scoring at the
5		"exceeds expectations" level on the assessments required
6		under Section 2-3.64a-5 of this Code; the percentage of
7		students who annually transferred in or out of the school
8		district; average daily attendance; the per-pupil
9		operating expenditure of the school district; and the
10		per-pupil State average operating expenditure for the
11		district type (elementary, high school, or unit);
12		(B) curriculum information, including, where
13		applicable, Advanced Placement, International
14		Baccalaureate or equivalent courses, dual enrollment
15		courses, foreign language classes, computer science
16		courses, school personnel resources (including Career
17		Technical Education teachers), before and after school
18		programs, extracurricular activities, subjects in which
19		elective classes are offered, health and wellness
20		initiatives (including the average number of days of
21		Physical Education per week per student), approved
22		programs of study, awards received, community
23		partnerships, and special programs such as programming for
24		the gifted and talented, students with disabilities, and
25		work-study students;
26		(C) student outcomes, including, where applicable, the

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1		percentage of students deemed proficient on assessments of
2		State standards, the percentage of students in the eighth
3		grade who pass Algebra, the percentage of students who
4		participated in workplace learning experiences, the
5		percentage of students enrolled in post-secondary
6		institutions (including colleges, universities, community
7		colleges, trade/vocational schools, and training programs
8		leading to career certification within 2 semesters of high
9		school graduation), the percentage of students graduating
10		from high school who are college and career ready, and the
11		percentage of graduates enrolled in community colleges,
12		colleges, and universities who are in one or more courses
13		that the community college, college, or university
14		identifies as a developmental course;
15		(D) student progress, including, where applicable, the
16		percentage of students in the ninth grade who have earned
17		5 credits or more without failing more than one core
18		class, a measure of students entering kindergarten ready
19		to learn, a measure of growth, and the percentage of
20		students who enter high school on track for college and
21		career readiness;
22		(E) the school environment, including, where
23		applicable, high school dropout rate by grade level, the
24		percentage of students with less than 10 absences in a
25		school year, the percentage of teachers with less than 10
26		absences in a school year for reasons other than

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1		professional development, leaves taken pursuant to the
2		federal Family Medical Leave Act of 1993, long-term
3		disability, or parental leaves, the 3-year average of the
4		percentage of teachers returning to the school from the
5		previous year, the number of different principals at the
6		school in the last 6 years, the number of teachers who hold
7		a gifted education endorsement, the process and criteria
8		used by the district to determine whether a student is
9		eligible for participation in a gifted education program
10		or advanced academic program and the manner in which
11		parents and guardians are made aware of the process and
12		criteria, 2 or more indicators from any school climate
13		survey selected or approved by the State and administered
14		pursuant to Section 2-3.153 of this Code, with the same or
15		similar indicators included on school report cards for all
16		surveys selected or approved by the State pursuant to
17		Section 2-3.153 of this Code, the combined percentage of
18		teachers rated as proficient or excellent in their most
19		recent evaluation, and, beginning with the 2022-2023
20		school year, data on the number of incidents of violence
21		that occurred on school grounds or during school-related
22		activities and that resulted in an out-of-school
23		suspension, expulsion, or removal to an alternative
24		setting, as reported pursuant to Section 2-3.162;
25		(F) a school district's and its individual schools'
26		balanced accountability measure, in accordance with

HB5501 Engrossed - 871 - LRB102 24698 AMC 33937 b
1		Section 2-3.25a of this Code;
2		(G) the total and per pupil normal cost amount the
3		State contributed to the Teachers' Retirement System of
4		the State of Illinois in the prior fiscal year for the
5		school's employees, which shall be reported to the State
6		Board of Education by the Teachers' Retirement System of
7		the State of Illinois;
8		(H) for a school district organized under Article 34
9		of this Code only, State contributions to the Public
10		School Teachers' Pension and Retirement Fund of Chicago
11		and State contributions for health care for employees of
12		that school district;
13		(I) a school district's Final Percent of Adequacy, as
14		defined in paragraph (4) of subsection (f) of Section
15		18-8.15 of this Code;
16		(J) a school district's Local Capacity Target, as
17		defined in paragraph (2) of subsection (c) of Section
18		18-8.15 of this Code, displayed as a percentage amount;
19		(K) a school district's Real Receipts, as defined in
20		paragraph (1) of subsection (d) of Section 18-8.15 of this
21		Code, divided by a school district's Adequacy Target, as
22		defined in paragraph (1) of subsection (b) of Section
23		18-8.15 of this Code, displayed as a percentage amount;
24		(L) a school district's administrative costs;
25		(M) whether or not the school has participated in the
26		Illinois Youth Survey. In this paragraph (M), "Illinois

HB5501 Engrossed - 872 - LRB102 24698 AMC 33937 b
1		Youth Survey" means a self-report survey, administered in
2		school settings every 2 years, designed to gather
3		information about health and social indicators, including
4		substance abuse patterns and the attitudes of students in
5		grades 8, 10, and 12; and
6		(N) whether the school offered its students career and
7		technical education opportunities.
8		The school report card shall also provide information that
9		allows for comparing the current outcome, progress, and
10		environment data to the State average, to the school data from
11		the past 5 years, and to the outcomes, progress, and
12		environment of similar schools based on the type of school and
13		enrollment of low-income students, special education students,
14		and English learners.
15		As used in this subsection (2):
16		"Administrative costs" means costs associated with
17		executive, administrative, or managerial functions within the
18		school district that involve planning, organizing, managing,
19		or directing the school district.
20		"Advanced academic program" means a course of study to
21		which students are assigned based on advanced cognitive
22		ability or advanced academic achievement compared to local age
23		peers and in which the curriculum is substantially
24		differentiated from the general curriculum to provide
25		appropriate challenge and pace.
26		"Computer science" means the study of computers and

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1		algorithms, including their principles, their hardware and
2		software designs, their implementation, and their impact on
3		society. "Computer science" does not include the study of
4		everyday uses of computers and computer applications, such as
5		keyboarding or accessing the Internet.
6		"Gifted education" means educational services, including
7		differentiated curricula and instructional methods, designed
8		to meet the needs of gifted children as defined in Article 14A
9		of this Code.
10		For the purposes of paragraph (A) of this subsection (2),
11		"average daily attendance" means the average of the actual
12		number of attendance days during the previous school year for
13		any enrolled student who is subject to compulsory attendance
14		by Section 26-1 of this Code at each school and charter school.
15		(3) At the discretion of the State Superintendent, the
16		school district report card shall include a subset of the
17		information identified in paragraphs (A) through (E) of
18		subsection (2) of this Section, as well as information
19		relating to the operating expense per pupil and other finances
20		of the school district, and the State report card shall
21		include a subset of the information identified in paragraphs
22		(A) through (E) and paragraph (N) of subsection (2) of this
23		Section. The school district report card shall include the
24		average daily attendance, as that term is defined in
25		subsection (2) of this Section, of students who have
26		individualized education programs and students who have 504

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1		plans that provide for special education services within the
2		school district.
3		(4) Notwithstanding anything to the contrary in this
4		Section, in consultation with key education stakeholders, the
5		State Superintendent shall at any time have the discretion to
6		amend or update any and all metrics on the school, district, or
7		State report card.
8		(5) Annually, no more than 30 calendar days after receipt
9		of the school district and school report cards from the State
10		Superintendent of Education, each school district, including
11		special charter districts and districts subject to the
12		provisions of Article 34, shall present such report cards at a
13		regular school board meeting subject to applicable notice
14		requirements, post the report cards on the school district's
15		Internet web site, if the district maintains an Internet web
16		site, make the report cards available to a newspaper of
17		general circulation serving the district, and, upon request,
18		send the report cards home to a parent (unless the district
19		does not maintain an Internet web site, in which case the
20		report card shall be sent home to parents without request). If
21		the district posts the report card on its Internet web site,
22		the district shall send a written notice home to parents
23		stating (i) that the report card is available on the web site,
24		(ii) the address of the web site, (iii) that a printed copy of
25		the report card will be sent to parents upon request, and (iv)
26		the telephone number that parents may call to request a

HB5501 Engrossed - 875 - LRB102 24698 AMC 33937 b
1		printed copy of the report card.
2		(6) Nothing contained in Public Act 98-648 repeals,
3		supersedes, invalidates, or nullifies final decisions in
4		lawsuits pending on July 1, 2014 (the effective date of Public
5		Act 98-648) in Illinois courts involving the interpretation of
6		Public Act 97-8.
7		(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
8		101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.
9		1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; revised
10		10-18-21.)
11		(Text of Section after amendment by P.A. 102-594)
12		Sec. 10-17a. State, school district, and school report
13		cards.
14		(1) By October 31, 2013 and October 31 of each subsequent
15		school year, the State Board of Education, through the State
16		Superintendent of Education, shall prepare a State report
17		card, school district report cards, and school report cards,
18		and shall by the most economical economic means provide to
19		each school district in this State, including special charter
20		districts and districts subject to the provisions of Article
21		34, the report cards for the school district and each of its
22		schools. Because of the impacts of the COVID-19 public health
23		emergency during school year 2020-2021, the State Board of
24		Education shall have until December 31, 2021 to prepare and
25		provide the report cards that would otherwise be due by

HB5501 Engrossed - 876 - LRB102 24698 AMC 33937 b
1		October 31, 2021. During a school year in which the Governor
2		has declared a disaster due to a public health emergency
3		pursuant to Section 7 of the Illinois Emergency Management
4		Agency Act, the report cards for the school districts and each
5		of its schools shall be prepared by December 31.
6		(2) In addition to any information required by federal
7		law, the State Superintendent shall determine the indicators
8		and presentation of the school report card, which must
9		include, at a minimum, the most current data collected and
10		maintained by the State Board of Education related to the
11		following:
12		(A) school characteristics and student demographics,
13		including average class size, average teaching experience,
14		student racial/ethnic breakdown, and the percentage of
15		students classified as low-income; the percentage of
16		students classified as English learners, the number of
17		students who graduate from a bilingual or English learner
18		program, and the number of students who graduate from,
19		transfer from, or otherwise leave bilingual programs; the
20		percentage of students who have individualized education
21		plans or 504 plans that provide for special education
22		services; the number and percentage of all students who
23		have been assessed for placement in a gifted education or
24		advanced academic program and, of those students: (i) the
25		racial and ethnic breakdown, (ii) the percentage who are
26		classified as low-income, and (iii) the number and

HB5501 Engrossed - 877 - LRB102 24698 AMC 33937 b
1		percentage of students who received direct instruction
2		from a teacher who holds a gifted education endorsement
3		and, of those students, the percentage who are classified
4		as low-income; the percentage of students scoring at the
5		"exceeds expectations" level on the assessments required
6		under Section 2-3.64a-5 of this Code; the percentage of
7		students who annually transferred in or out of the school
8		district; average daily attendance; the per-pupil
9		operating expenditure of the school district; and the
10		per-pupil State average operating expenditure for the
11		district type (elementary, high school, or unit);
12		(B) curriculum information, including, where
13		applicable, Advanced Placement, International
14		Baccalaureate or equivalent courses, dual enrollment
15		courses, foreign language classes, computer science
16		courses, school personnel resources (including Career
17		Technical Education teachers), before and after school
18		programs, extracurricular activities, subjects in which
19		elective classes are offered, health and wellness
20		initiatives (including the average number of days of
21		Physical Education per week per student), approved
22		programs of study, awards received, community
23		partnerships, and special programs such as programming for
24		the gifted and talented, students with disabilities, and
25		work-study students;
26		(C) student outcomes, including, where applicable, the

HB5501 Engrossed - 878 - LRB102 24698 AMC 33937 b
1		percentage of students deemed proficient on assessments of
2		State standards, the percentage of students in the eighth
3		grade who pass Algebra, the percentage of students who
4		participated in workplace learning experiences, the
5		percentage of students enrolled in post-secondary
6		institutions (including colleges, universities, community
7		colleges, trade/vocational schools, and training programs
8		leading to career certification within 2 semesters of high
9		school graduation), the percentage of students graduating
10		from high school who are college and career ready, and the
11		percentage of graduates enrolled in community colleges,
12		colleges, and universities who are in one or more courses
13		that the community college, college, or university
14		identifies as a developmental course;
15		(D) student progress, including, where applicable, the
16		percentage of students in the ninth grade who have earned
17		5 credits or more without failing more than one core
18		class, a measure of students entering kindergarten ready
19		to learn, a measure of growth, and the percentage of
20		students who enter high school on track for college and
21		career readiness;
22		(E) the school environment, including, where
23		applicable, high school dropout rate by grade level, the
24		percentage of students with less than 10 absences in a
25		school year, the percentage of teachers with less than 10
26		absences in a school year for reasons other than

HB5501 Engrossed - 879 - LRB102 24698 AMC 33937 b
1		professional development, leaves taken pursuant to the
2		federal Family Medical Leave Act of 1993, long-term
3		disability, or parental leaves, the 3-year average of the
4		percentage of teachers returning to the school from the
5		previous year, the number of different principals at the
6		school in the last 6 years, the number of teachers who hold
7		a gifted education endorsement, the process and criteria
8		used by the district to determine whether a student is
9		eligible for participation in a gifted education program
10		or advanced academic program and the manner in which
11		parents and guardians are made aware of the process and
12		criteria, the number of teachers who are National Board
13		Certified Teachers, disaggregated by race and ethnicity, 2
14		or more indicators from any school climate survey selected
15		or approved by the State and administered pursuant to
16		Section 2-3.153 of this Code, with the same or similar
17		indicators included on school report cards for all surveys
18		selected or approved by the State pursuant to Section
19		2-3.153 of this Code, the combined percentage of teachers
20		rated as proficient or excellent in their most recent
21		evaluation, and, beginning with the 2022-2023 school year,
22		data on the number of incidents of violence that occurred
23		on school grounds or during school-related activities and
24		that resulted in an out-of-school suspension, expulsion,
25		or removal to an alternative setting, as reported pursuant
26		to Section 2-3.162;

HB5501 Engrossed - 880 - LRB102 24698 AMC 33937 b
1		(F) a school district's and its individual schools'
2		balanced accountability measure, in accordance with
3		Section 2-3.25a of this Code;
4		(G) the total and per pupil normal cost amount the
5		State contributed to the Teachers' Retirement System of
6		the State of Illinois in the prior fiscal year for the
7		school's employees, which shall be reported to the State
8		Board of Education by the Teachers' Retirement System of
9		the State of Illinois;
10		(H) for a school district organized under Article 34
11		of this Code only, State contributions to the Public
12		School Teachers' Pension and Retirement Fund of Chicago
13		and State contributions for health care for employees of
14		that school district;
15		(I) a school district's Final Percent of Adequacy, as
16		defined in paragraph (4) of subsection (f) of Section
17		18-8.15 of this Code;
18		(J) a school district's Local Capacity Target, as
19		defined in paragraph (2) of subsection (c) of Section
20		18-8.15 of this Code, displayed as a percentage amount;
21		(K) a school district's Real Receipts, as defined in
22		paragraph (1) of subsection (d) of Section 18-8.15 of this
23		Code, divided by a school district's Adequacy Target, as
24		defined in paragraph (1) of subsection (b) of Section
25		18-8.15 of this Code, displayed as a percentage amount;
26		(L) a school district's administrative costs;

HB5501 Engrossed - 881 - LRB102 24698 AMC 33937 b
1		(M) whether or not the school has participated in the
2		Illinois Youth Survey. In this paragraph (M), "Illinois
3		Youth Survey" means a self-report survey, administered in
4		school settings every 2 years, designed to gather
5		information about health and social indicators, including
6		substance abuse patterns and the attitudes of students in
7		grades 8, 10, and 12; and
8		(N) whether the school offered its students career and
9		technical education opportunities.
10		The school report card shall also provide information that
11		allows for comparing the current outcome, progress, and
12		environment data to the State average, to the school data from
13		the past 5 years, and to the outcomes, progress, and
14		environment of similar schools based on the type of school and
15		enrollment of low-income students, special education students,
16		and English learners.
17		As used in this subsection (2):
18		"Administrative costs" means costs associated with
19		executive, administrative, or managerial functions within the
20		school district that involve planning, organizing, managing,
21		or directing the school district.
22		"Advanced academic program" means a course of study to
23		which students are assigned based on advanced cognitive
24		ability or advanced academic achievement compared to local age
25		peers and in which the curriculum is substantially
26		differentiated from the general curriculum to provide

HB5501 Engrossed - 882 - LRB102 24698 AMC 33937 b
1		appropriate challenge and pace.
2		"Computer science" means the study of computers and
3		algorithms, including their principles, their hardware and
4		software designs, their implementation, and their impact on
5		society. "Computer science" does not include the study of
6		everyday uses of computers and computer applications, such as
7		keyboarding or accessing the Internet.
8		"Gifted education" means educational services, including
9		differentiated curricula and instructional methods, designed
10		to meet the needs of gifted children as defined in Article 14A
11		of this Code.
12		For the purposes of paragraph (A) of this subsection (2),
13		"average daily attendance" means the average of the actual
14		number of attendance days during the previous school year for
15		any enrolled student who is subject to compulsory attendance
16		by Section 26-1 of this Code at each school and charter school.
17		(3) At the discretion of the State Superintendent, the
18		school district report card shall include a subset of the
19		information identified in paragraphs (A) through (E) of
20		subsection (2) of this Section, as well as information
21		relating to the operating expense per pupil and other finances
22		of the school district, and the State report card shall
23		include a subset of the information identified in paragraphs
24		(A) through (E) and paragraph (N) of subsection (2) of this
25		Section. The school district report card shall include the
26		average daily attendance, as that term is defined in

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1		subsection (2) of this Section, of students who have
2		individualized education programs and students who have 504
3		plans that provide for special education services within the
4		school district.
5		(4) Notwithstanding anything to the contrary in this
6		Section, in consultation with key education stakeholders, the
7		State Superintendent shall at any time have the discretion to
8		amend or update any and all metrics on the school, district, or
9		State report card.
10		(5) Annually, no more than 30 calendar days after receipt
11		of the school district and school report cards from the State
12		Superintendent of Education, each school district, including
13		special charter districts and districts subject to the
14		provisions of Article 34, shall present such report cards at a
15		regular school board meeting subject to applicable notice
16		requirements, post the report cards on the school district's
17		Internet web site, if the district maintains an Internet web
18		site, make the report cards available to a newspaper of
19		general circulation serving the district, and, upon request,
20		send the report cards home to a parent (unless the district
21		does not maintain an Internet web site, in which case the
22		report card shall be sent home to parents without request). If
23		the district posts the report card on its Internet web site,
24		the district shall send a written notice home to parents
25		stating (i) that the report card is available on the web site,
26		(ii) the address of the web site, (iii) that a printed copy of

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1		the report card will be sent to parents upon request, and (iv)
2		the telephone number that parents may call to request a
3		printed copy of the report card.
4		(6) Nothing contained in Public Act 98-648 repeals,
5		supersedes, invalidates, or nullifies final decisions in
6		lawsuits pending on July 1, 2014 (the effective date of Public
7		Act 98-648) in Illinois courts involving the interpretation of
8		Public Act 97-8.
9		(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
10		101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.
11		1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594,
12		eff. 7-1-22; revised 10-18-21.)
13		(105 ILCS 5/10-20.73)
14		Sec. 10-20.73. Modification of athletic or team uniform
15		permitted.
16		(a) A school board must allow a student athlete to modify
17		his or her athletic or team uniform for the purpose of modesty
18		in clothing or attire that is in accordance with the
19		requirements of his or her religion or his or her cultural
20		values or modesty preferences. The modification of the
21		athletic or team uniform may include, but is not limited to,
22		the wearing of a hijab, an undershirt, or leggings. If a
23		student chooses to modify his or her athletic or team uniform,
24		the student is responsible for all costs associated with the
25		modification of the uniform and the student shall not be

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1		required to receive prior approval from the school board for
2		such modification. However, nothing in this Section prohibits
3		a school from providing the modification to the student.
4		(b) At a minimum, any modification of the athletic or team
5		uniform must not interfere with the movement of the student or
6		pose a safety hazard to the student or to other athletes or
7		players. The modification of headgear is permitted if the
8		headgear:
9		(1) is black, white, the predominant predominate color
10		of the uniform, or the same color for all players on the
11		team;
12		(2) does not cover any part of the face;
13		(3) is not dangerous to the player or to the other
14		players;
15		(4) has no opening or closing elements around the face
16		and neck; and
17		(5) has no parts extruding from its surface.
18		(Source: P.A. 102-51, eff. 7-9-21; revised 10-19-21.)
19		(105 ILCS 5/10-20.75)
20		(This Section may contain text from a Public Act with a
21		delayed effective date)
22		Sec. 10-20.75. Website accessibility guidelines.
23		(a) As used in this Section, "Internet website or web
24		service" means any third party online curriculum that is made
25		available to enrolled students or the public by a school

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1		district through the Internet.
2		(b) To ensure that the content available on an Internet
3		website or web service of a school district is readily
4		accessible to persons with disabilities, the school district
5		must require that the Internet website or web service comply
6		with Level AA of the World Wide Web Consortium's Web Content
7		Accessibility Guidelines 2.1 or any revised version of those
8		guidelines.
9		(Source: P.A. 102-238, eff. 8-1-22.)
10		(105 ILCS 5/10-20.76)
11		Sec. 10-20.76 10-20.73. Student identification; suicide
12		prevention information. Each school district shall provide
13		contact information for the National Suicide Prevention
14		Lifeline and for the Crisis Text Line on the back of each
15		student identification card issued by the school district. If
16		the school district does not issue student identification
17		cards to its students or to all of its students, the school
18		district must publish this information on its website.
19		(Source: P.A. 102-134, eff. 7-23-21; revised 10-19-21.)
20		(105 ILCS 5/10-20.77)
21		(This Section may contain text from a Public Act with a
22		delayed effective date)
23		Sec. 10-20.77 10-20.73. Parent-teacher conference and
24		other meetings; caseworker. For any student who is in the

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1		legal custody of the Department of Children and Family
2		Services, the liaison appointed under Section 10-20.59 must
3		inform the Department's Office of Education and Transition
4		Services of a parent-teacher conference or any other meeting
5		concerning the student that would otherwise involve a parent
6		and must, at the option of the caseworker, allow the student's
7		caseworker to attend the conference or meeting.
8		(Source: P.A. 102-199, eff. 7-1-22; revised 10-19-21.)
9		(105 ILCS 5/10-20.78)
10		Sec. 10-20.78 10-20.73. Student absence; pregnancy. A
11		school board shall adopt written policies related to absences
12		and missed homework or classwork assignments as a result of or
13		related to a student's pregnancy.
14		(Source: P.A. 102-471, eff. 8-20-21; revised 10-19-21.)
15		(105 ILCS 5/10-20.79)
16		Sec. 10-20.79 10-20.73. Computer literacy skills. All
17		school districts shall ensure that students receive
18		developmentally appropriate opportunities to gain computer
19		literacy skills beginning in elementary school.
20		(Source: P.A. 101-654, eff. 3-8-21; revised 10-19-21.)
21		(105 ILCS 5/10-20.80)
22		Sec. 10-20.80 10-20.75. School support personnel
23		reporting. No later than December 1, 2022 and each December

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1		1st annually thereafter, each school district must report to
2		the State Board of Education the information with regard to
3		the school district as of October 1st of each year beginning in
4		2022 as described in subsection (b) of Section 2-3.182 of this
5		Code and must make that information available on its website.
6		(Source: P.A. 102-302, eff. 1-1-22; revised 10-19-21.)
7		(105 ILCS 5/10-20.81)
8		(This Section may contain text from a Public Act with a
9		delayed effective date)
10		Sec. 10-20.81 10-20.75. Identification cards; suicide
11		prevention information. Each school district that serves
12		pupils in any of grades 6 through 12 and that issues an
13		identification card to pupils in any of grades 6 through 12
14		shall provide contact information for the National Suicide
15		Prevention Lifeline (988), the Crisis Text Line, and either
16		the Safe2Help Illinois helpline or a local suicide prevention
17		hotline or both on the identification card. The contact
18		information shall identify each helpline that may be contacted
19		through text messaging. The contact information shall be
20		included in the school's student handbook and also the student
21		planner if a student planner is custom printed by the school
22		for distribution to pupils in any of grades 6 through 12.
23		(Source: P.A. 102-416, eff. 7-1-22; revised 10-19-21.)
24		(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)

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1		Sec. 10-21.9. Criminal history records checks and checks
2		of the Statewide Sex Offender Database and Statewide Murderer
3		and Violent Offender Against Youth Database.
4		(a) Licensed and nonlicensed applicants for employment
5		with a school district, except school bus driver applicants,
6		are required as a condition of employment to authorize a
7		fingerprint-based criminal history records check to determine
8		if such applicants have been convicted of any disqualifying,
9		enumerated criminal or drug offenses in subsection (c) of this
10		Section or have been convicted, within 7 years of the
11		application for employment with the school district, of any
12		other felony under the laws of this State or of any offense
13		committed or attempted in any other state or against the laws
14		of the United States that, if committed or attempted in this
15		State, would have been punishable as a felony under the laws of
16		this State. Authorization for the check shall be furnished by
17		the applicant to the school district, except that if the
18		applicant is a substitute teacher seeking employment in more
19		than one school district, a teacher seeking concurrent
20		part-time employment positions with more than one school
21		district (as a reading specialist, special education teacher
22		or otherwise), or an educational support personnel employee
23		seeking employment positions with more than one district, any
24		such district may require the applicant to furnish
25		authorization for the check to the regional superintendent of
26		the educational service region in which are located the school

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1		districts in which the applicant is seeking employment as a
2		substitute or concurrent part-time teacher or concurrent
3		educational support personnel employee. Upon receipt of this
4		authorization, the school district or the appropriate regional
5		superintendent, as the case may be, shall submit the
6		applicant's name, sex, race, date of birth, social security
7		number, fingerprint images, and other identifiers, as
8		prescribed by the Illinois State Police, to the Illinois State
9		Police. The regional superintendent submitting the requisite
10		information to the Illinois State Police shall promptly notify
11		the school districts in which the applicant is seeking
12		employment as a substitute or concurrent part-time teacher or
13		concurrent educational support personnel employee that the
14		check of the applicant has been requested. The Illinois State
15		Police and the Federal Bureau of Investigation shall furnish,
16		pursuant to a fingerprint-based criminal history records
17		check, records of convictions, forever and hereinafter, until
18		expunged, to the president of the school board for the school
19		district that requested the check, or to the regional
20		superintendent who requested the check. The Illinois State
21		Police shall charge the school district or the appropriate
22		regional superintendent a fee for conducting such check, which
23		fee shall be deposited in the State Police Services Fund and
24		shall not exceed the cost of the inquiry; and the applicant
25		shall not be charged a fee for such check by the school
26		district or by the regional superintendent, except that those

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1		applicants seeking employment as a substitute teacher with a
2		school district may be charged a fee not to exceed the cost of
3		the inquiry. Subject to appropriations for these purposes, the
4		State Superintendent of Education shall reimburse school
5		districts and regional superintendents for fees paid to obtain
6		criminal history records checks under this Section.
7		(a-5) The school district or regional superintendent shall
8		further perform a check of the Statewide Sex Offender
9		Database, as authorized by the Sex Offender Community
10		Notification Law, for each applicant. The check of the
11		Statewide Sex Offender Database must be conducted by the
12		school district or regional superintendent once for every 5
13		years that an applicant remains employed by the school
14		district.
15		(a-6) The school district or regional superintendent shall
16		further perform a check of the Statewide Murderer and Violent
17		Offender Against Youth Database, as authorized by the Murderer
18		and Violent Offender Against Youth Community Notification Law,
19		for each applicant. The check of the Murderer and Violent
20		Offender Against Youth Database must be conducted by the
21		school district or regional superintendent once for every 5
22		years that an applicant remains employed by the school
23		district.
24		(b) Any information concerning the record of convictions
25		obtained by the president of the school board or the regional
26		superintendent shall be confidential and may only be

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1		transmitted to the superintendent of the school district or
2		his designee, the appropriate regional superintendent if the
3		check was requested by the school district, the presidents of
4		the appropriate school boards if the check was requested from
5		the Illinois State Police by the regional superintendent, the
6		State Board of Education and a school district as authorized
7		under subsection (b-5), the State Superintendent of Education,
8		the State Educator Preparation and Licensure Board, any other
9		person necessary to the decision of hiring the applicant for
10		employment, or for clarification purposes the Illinois State
11		Police or Statewide Sex Offender Database, or both. A copy of
12		the record of convictions obtained from the Illinois State
13		Police shall be provided to the applicant for employment. Upon
14		the check of the Statewide Sex Offender Database or Statewide
15		Murderer and Violent Offender Against Youth Database, the
16		school district or regional superintendent shall notify an
17		applicant as to whether or not the applicant has been
18		identified in the Database. If a check of an applicant for
19		employment as a substitute or concurrent part-time teacher or
20		concurrent educational support personnel employee in more than
21		one school district was requested by the regional
22		superintendent, and the Illinois State Police upon a check
23		ascertains that the applicant has not been convicted of any of
24		the enumerated criminal or drug offenses in subsection (c) of
25		this Section or has not been convicted, within 7 years of the
26		application for employment with the school district, of any

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1		other felony under the laws of this State or of any offense
2		committed or attempted in any other state or against the laws
3		of the United States that, if committed or attempted in this
4		State, would have been punishable as a felony under the laws of
5		this State and so notifies the regional superintendent and if
6		the regional superintendent upon a check ascertains that the
7		applicant has not been identified in the Sex Offender Database
8		or Statewide Murderer and Violent Offender Against Youth
9		Database, then the regional superintendent shall issue to the
10		applicant a certificate evidencing that as of the date
11		specified by the Illinois State Police the applicant has not
12		been convicted of any of the enumerated criminal or drug
13		offenses in subsection (c) of this Section or has not been
14		convicted, within 7 years of the application for employment
15		with the school district, of any other felony under the laws of
16		this State or of any offense committed or attempted in any
17		other state or against the laws of the United States that, if
18		committed or attempted in this State, would have been
19		punishable as a felony under the laws of this State and
20		evidencing that as of the date that the regional
21		superintendent conducted a check of the Statewide Sex Offender
22		Database or Statewide Murderer and Violent Offender Against
23		Youth Database, the applicant has not been identified in the
24		Database. The school board of any school district may rely on
25		the certificate issued by any regional superintendent to that
26		substitute teacher, concurrent part-time teacher, or

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1		concurrent educational support personnel employee or may
2		initiate its own criminal history records check of the
3		applicant through the Illinois State Police and its own check
4		of the Statewide Sex Offender Database or Statewide Murderer
5		and Violent Offender Against Youth Database as provided in
6		this Section. Any unauthorized release of confidential
7		information may be a violation of Section 7 of the Criminal
8		Identification Act.
9		(b-5) If a criminal history records check or check of the
10		Statewide Sex Offender Database or Statewide Murderer and
11		Violent Offender Against Youth Database is performed by a
12		regional superintendent for an applicant seeking employment as
13		a substitute teacher with a school district, the regional
14		superintendent may disclose to the State Board of Education
15		whether the applicant has been issued a certificate under
16		subsection (b) based on those checks. If the State Board
17		receives information on an applicant under this subsection,
18		then it must indicate in the Educator Licensure Information
19		System for a 90-day period that the applicant has been issued
20		or has not been issued a certificate.
21		(c) No school board shall knowingly employ a person who
22		has been convicted of any offense that would subject him or her
23		to license suspension or revocation pursuant to Section 21B-80
24		of this Code, except as provided under subsection (b) of
25		Section 21B-80. Further, no school board shall knowingly
26		employ a person who has been found to be the perpetrator of

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1		sexual or physical abuse of any minor under 18 years of age
2		pursuant to proceedings under Article II of the Juvenile Court
3		Act of 1987. As a condition of employment, each school board
4		must consider the status of a person who has been issued an
5		indicated finding of abuse or neglect of a child by the
6		Department of Children and Family Services under the Abused
7		and Neglected Child Reporting Act or by a child welfare agency
8		of another jurisdiction.
9		(d) No school board shall knowingly employ a person for
10		whom a criminal history records check and a Statewide Sex
11		Offender Database check have not been initiated.
12		(e) Within 10 days after a superintendent, regional office
13		of education, or entity that provides background checks of
14		license holders to public schools receives information of a
15		pending criminal charge against a license holder for an
16		offense set forth in Section 21B-80 of this Code, the
17		superintendent, regional office of education, or entity must
18		notify the State Superintendent of Education of the pending
19		criminal charge.
20		If permissible by federal or State law, no later than 15
21		business days after receipt of a record of conviction or of
22		checking the Statewide Murderer and Violent Offender Against
23		Youth Database or the Statewide Sex Offender Database and
24		finding a registration, the superintendent of the employing
25		school board or the applicable regional superintendent shall,
26		in writing, notify the State Superintendent of Education of

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1		any license holder who has been convicted of a crime set forth
2		in Section 21B-80 of this Code. Upon receipt of the record of a
3		conviction of or a finding of child abuse by a holder of any
4		license issued pursuant to Article 21B or Section 34-8.1 or
5		34-83 of the School Code, the State Superintendent of
6		Education may initiate licensure suspension and revocation
7		proceedings as authorized by law. If the receipt of the record
8		of conviction or finding of child abuse is received within 6
9		months after the initial grant of or renewal of a license, the
10		State Superintendent of Education may rescind the license
11		holder's license.
12		(e-5) The superintendent of the employing school board
13		shall, in writing, notify the State Superintendent of
14		Education and the applicable regional superintendent of
15		schools of any license holder whom he or she has reasonable
16		cause to believe has committed an intentional act of abuse or
17		neglect with the result of making a child an abused child or a
18		neglected child, as defined in Section 3 of the Abused and
19		Neglected Child Reporting Act, and that act resulted in the
20		license holder's dismissal or resignation from the school
21		district. This notification must be submitted within 30 days
22		after the dismissal or resignation and must include the
23		Illinois Educator Identification Number (IEIN) of the license
24		holder and a brief description of the misconduct alleged. The
25		license holder must also be contemporaneously sent a copy of
26		the notice by the superintendent. All correspondence,

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1		documentation, and other information so received by the
2		regional superintendent of schools, the State Superintendent
3		of Education, the State Board of Education, or the State
4		Educator Preparation and Licensure Board under this subsection
5		(e-5) is confidential and must not be disclosed to third
6		parties, except (i) as necessary for the State Superintendent
7		of Education or his or her designee to investigate and
8		prosecute pursuant to Article 21B of this Code, (ii) pursuant
9		to a court order, (iii) for disclosure to the license holder or
10		his or her representative, or (iv) as otherwise provided in
11		this Article and provided that any such information admitted
12		into evidence in a hearing is exempt from this confidentiality
13		and non-disclosure requirement. Except for an act of willful
14		or wanton misconduct, any superintendent who provides
15		notification as required in this subsection (e-5) shall have
16		immunity from any liability, whether civil or criminal or that
17		otherwise might result by reason of such action.
18		(f) After January 1, 1990 the provisions of this Section
19		shall apply to all employees of persons or firms holding
20		contracts with any school district including, but not limited
21		to, food service workers, school bus drivers and other
22		transportation employees, who have direct, daily contact with
23		the pupils of any school in such district. For purposes of
24		criminal history records checks and checks of the Statewide
25		Sex Offender Database on employees of persons or firms holding
26		contracts with more than one school district and assigned to

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1		more than one school district, the regional superintendent of
2		the educational service region in which the contracting school
3		districts are located may, at the request of any such school
4		district, be responsible for receiving the authorization for a
5		criminal history records check prepared by each such employee
6		and submitting the same to the Illinois State Police and for
7		conducting a check of the Statewide Sex Offender Database for
8		each employee. Any information concerning the record of
9		conviction and identification as a sex offender of any such
10		employee obtained by the regional superintendent shall be
11		promptly reported to the president of the appropriate school
12		board or school boards.
13		(f-5) Upon request of a school or school district, any
14		information obtained by a school district pursuant to
15		subsection (f) of this Section within the last year must be
16		made available to the requesting school or school district.
17		(g) Prior to the commencement of any student teaching
18		experience or required internship (which is referred to as
19		student teaching in this Section) in the public schools, a
20		student teacher is required to authorize a fingerprint-based
21		criminal history records check. Authorization for and payment
22		of the costs of the check must be furnished by the student
23		teacher to the school district where the student teaching is
24		to be completed. Upon receipt of this authorization and
25		payment, the school district shall submit the student
26		teacher's name, sex, race, date of birth, social security

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1		number, fingerprint images, and other identifiers, as
2		prescribed by the Illinois State Police, to the Illinois State
3		Police. The Illinois State Police and the Federal Bureau of
4		Investigation shall furnish, pursuant to a fingerprint-based
5		criminal history records check, records of convictions,
6		forever and hereinafter, until expunged, to the president of
7		the school board for the school district that requested the
8		check. The Illinois State Police shall charge the school
9		district a fee for conducting the check, which fee must not
10		exceed the cost of the inquiry and must be deposited into the
11		State Police Services Fund. The school district shall further
12		perform a check of the Statewide Sex Offender Database, as
13		authorized by the Sex Offender Community Notification Law, and
14		of the Statewide Murderer and Violent Offender Against Youth
15		Database, as authorized by the Murderer and Violent Offender
16		Against Youth Registration Act, for each student teacher. No
17		school board may knowingly allow a person to student teach for
18		whom a criminal history records check, a Statewide Sex
19		Offender Database check, and a Statewide Murderer and Violent
20		Offender Against Youth Database check have not been completed
21		and reviewed by the district.
22		A copy of the record of convictions obtained from the
23		Illinois State Police must be provided to the student teacher.
24		Any information concerning the record of convictions obtained
25		by the president of the school board is confidential and may
26		only be transmitted to the superintendent of the school

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1		district or his or her designee, the State Superintendent of
2		Education, the State Educator Preparation and Licensure Board,
3		or, for clarification purposes, the Illinois State Police or
4		the Statewide Sex Offender Database or Statewide Murderer and
5		Violent Offender Against Youth Database. Any unauthorized
6		release of confidential information may be a violation of
7		Section 7 of the Criminal Identification Act.
8		No school board shall knowingly allow a person to student
9		teach who has been convicted of any offense that would subject
10		him or her to license suspension or revocation pursuant to
11		subsection (c) of Section 21B-80 of this Code, except as
12		provided under subsection (b) of Section 21B-80. Further, no
13		school board shall allow a person to student teach if he or she
14		has been found to be the perpetrator of sexual or physical
15		abuse of a minor under 18 years of age pursuant to proceedings
16		under Article II of the Juvenile Court Act of 1987. Each school
17		board must consider the status of a person to student teach who
18		has been issued an indicated finding of abuse or neglect of a
19		child by the Department of Children and Family Services under
20		the Abused and Neglected Child Reporting Act or by a child
21		welfare agency of another jurisdiction.
22		(h) (Blank).
23		(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
24		101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
25		1-1-22; revised 10-6-21.)

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1		(105 ILCS 5/10-22.3f)
2		Sec. 10-22.3f. Required health benefits. Insurance
3		protection and benefits for employees shall provide the
4		post-mastectomy care benefits required to be covered by a
5		policy of accident and health insurance under Section 356t and
6		the coverage required under Sections 356g, 356g.5, 356g.5-1,
7		356q, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11,
8		356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
9		356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
10		356z.41, 356z.45, 356z.46, 356z.47, and 356z.51 and 356z.43 of
11		the Illinois Insurance Code. Insurance policies shall comply
12		with Section 356z.19 of the Illinois Insurance Code. The
13		coverage shall comply with Sections 155.22a, 355b, and 370c of
14		the Illinois Insurance Code. The Department of Insurance shall
15		enforce the requirements of this Section.
16		Rulemaking authority to implement Public Act 95-1045, if
17		any, is conditioned on the rules being adopted in accordance
18		with all provisions of the Illinois Administrative Procedure
19		Act and all rules and procedures of the Joint Committee on
20		Administrative Rules; any purported rule not so adopted, for
21		whatever reason, is unauthorized.
22		(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
23		101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
24		1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
25		eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22;
26		102-665, eff. 10-8-21; revised 10-27-21.)

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1		(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
2		(Text of Section before amendment by P.A. 102-466)
3		Sec. 10-22.6. Suspension or expulsion of pupils; school
4		searches.
5		(a) To expel pupils guilty of gross disobedience or
6		misconduct, including gross disobedience or misconduct
7		perpetuated by electronic means, pursuant to subsection (b-20)
8		of this Section, and no action shall lie against them for such
9		expulsion. Expulsion shall take place only after the parents
10		have been requested to appear at a meeting of the board, or
11		with a hearing officer appointed by it, to discuss their
12		child's behavior. Such request shall be made by registered or
13		certified mail and shall state the time, place and purpose of
14		the meeting. The board, or a hearing officer appointed by it,
15		at such meeting shall state the reasons for dismissal and the
16		date on which the expulsion is to become effective. If a
17		hearing officer is appointed by the board, he shall report to
18		the board a written summary of the evidence heard at the
19		meeting and the board may take such action thereon as it finds
20		appropriate. If the board acts to expel a pupil, the written
21		expulsion decision shall detail the specific reasons why
22		removing the pupil from the learning environment is in the
23		best interest of the school. The expulsion decision shall also
24		include a rationale as to the specific duration of the
25		expulsion. An expelled pupil may be immediately transferred to

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1		an alternative program in the manner provided in Article 13A
2		or 13B of this Code. A pupil must not be denied transfer
3		because of the expulsion, except in cases in which such
4		transfer is deemed to cause a threat to the safety of students
5		or staff in the alternative program.
6		(b) To suspend or by policy to authorize the
7		superintendent of the district or the principal, assistant
8		principal, or dean of students of any school to suspend pupils
9		guilty of gross disobedience or misconduct, or to suspend
10		pupils guilty of gross disobedience or misconduct on the
11		school bus from riding the school bus, pursuant to subsections
12		(b-15) and (b-20) of this Section, and no action shall lie
13		against them for such suspension. The board may by policy
14		authorize the superintendent of the district or the principal,
15		assistant principal, or dean of students of any school to
16		suspend pupils guilty of such acts for a period not to exceed
17		10 school days. If a pupil is suspended due to gross
18		disobedience or misconduct on a school bus, the board may
19		suspend the pupil in excess of 10 school days for safety
20		reasons.
21		Any suspension shall be reported immediately to the
22		parents or guardian of a pupil along with a full statement of
23		the reasons for such suspension and a notice of their right to
24		a review. The school board must be given a summary of the
25		notice, including the reason for the suspension and the
26		suspension length. Upon request of the parents or guardian,

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1		the school board or a hearing officer appointed by it shall
2		review such action of the superintendent or principal,
3		assistant principal, or dean of students. At such review, the
4		parents or guardian of the pupil may appear and discuss the
5		suspension with the board or its hearing officer. If a hearing
6		officer is appointed by the board, he shall report to the board
7		a written summary of the evidence heard at the meeting. After
8		its hearing or upon receipt of the written report of its
9		hearing officer, the board may take such action as it finds
10		appropriate. If a student is suspended pursuant to this
11		subsection (b), the board shall, in the written suspension
12		decision, detail the specific act of gross disobedience or
13		misconduct resulting in the decision to suspend. The
14		suspension decision shall also include a rationale as to the
15		specific duration of the suspension. A pupil who is suspended
16		in excess of 20 school days may be immediately transferred to
17		an alternative program in the manner provided in Article 13A
18		or 13B of this Code. A pupil must not be denied transfer
19		because of the suspension, except in cases in which such
20		transfer is deemed to cause a threat to the safety of students
21		or staff in the alternative program.
22		(b-5) Among the many possible disciplinary interventions
23		and consequences available to school officials, school
24		exclusions, such as out-of-school suspensions and expulsions,
25		are the most serious. School officials shall limit the number
26		and duration of expulsions and suspensions to the greatest

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1		extent practicable, and it is recommended that they use them
2		only for legitimate educational purposes. To ensure that
3		students are not excluded from school unnecessarily, it is
4		recommended that school officials consider forms of
5		non-exclusionary discipline prior to using out-of-school
6		suspensions or expulsions.
7		(b-10) Unless otherwise required by federal law or this
8		Code, school boards may not institute zero-tolerance policies
9		by which school administrators are required to suspend or
10		expel students for particular behaviors.
11		(b-15) Out-of-school suspensions of 3 days or less may be
12		used only if the student's continuing presence in school would
13		pose a threat to school safety or a disruption to other
14		students' learning opportunities. For purposes of this
15		subsection (b-15), "threat to school safety or a disruption to
16		other students' learning opportunities" shall be determined on
17		a case-by-case basis by the school board or its designee.
18		School officials shall make all reasonable efforts to resolve
19		such threats, address such disruptions, and minimize the
20		length of suspensions to the greatest extent practicable.
21		(b-20) Unless otherwise required by this Code,
22		out-of-school suspensions of longer than 3 days, expulsions,
23		and disciplinary removals to alternative schools may be used
24		only if other appropriate and available behavioral and
25		disciplinary interventions have been exhausted and the
26		student's continuing presence in school would either (i) pose

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1		a threat to the safety of other students, staff, or members of
2		the school community or (ii) substantially disrupt, impede, or
3		interfere with the operation of the school. For purposes of
4		this subsection (b-20), "threat to the safety of other
5		students, staff, or members of the school community" and
6		"substantially disrupt, impede, or interfere with the
7		operation of the school" shall be determined on a case-by-case
8		basis by school officials. For purposes of this subsection
9		(b-20), the determination of whether "appropriate and
10		available behavioral and disciplinary interventions have been
11		exhausted" shall be made by school officials. School officials
12		shall make all reasonable efforts to resolve such threats,
13		address such disruptions, and minimize the length of student
14		exclusions to the greatest extent practicable. Within the
15		suspension decision described in subsection (b) of this
16		Section or the expulsion decision described in subsection (a)
17		of this Section, it shall be documented whether other
18		interventions were attempted or whether it was determined that
19		there were no other appropriate and available interventions.
20		(b-25) Students who are suspended out-of-school for longer
21		than 4 school days shall be provided appropriate and available
22		support services during the period of their suspension. For
23		purposes of this subsection (b-25), "appropriate and available
24		support services" shall be determined by school authorities.
25		Within the suspension decision described in subsection (b) of
26		this Section, it shall be documented whether such services are

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1		to be provided or whether it was determined that there are no
2		such appropriate and available services.
3		A school district may refer students who are expelled to
4		appropriate and available support services.
5		A school district shall create a policy to facilitate the
6		re-engagement of students who are suspended out-of-school,
7		expelled, or returning from an alternative school setting.
8		(b-30) A school district shall create a policy by which
9		suspended pupils, including those pupils suspended from the
10		school bus who do not have alternate transportation to school,
11		shall have the opportunity to make up work for equivalent
12		academic credit. It shall be the responsibility of a pupil's
13		parent or guardian to notify school officials that a pupil
14		suspended from the school bus does not have alternate
15		transportation to school.
16		(c) A school board must invite a representative from a
17		local mental health agency to consult with the board at the
18		meeting whenever there is evidence that mental illness may be
19		the cause of a student's expulsion or suspension.
20		(c-5) School districts shall make reasonable efforts to
21		provide ongoing professional development to teachers,
22		administrators, school board members, school resource
23		officers, and staff on the adverse consequences of school
24		exclusion and justice-system involvement, effective classroom
25		management strategies, culturally responsive discipline, the
26		appropriate and available supportive services for the

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1		promotion of student attendance and engagement, and
2		developmentally appropriate disciplinary methods that promote
3		positive and healthy school climates.
4		(d) The board may expel a student for a definite period of
5		time not to exceed 2 calendar years, as determined on a
6		case-by-case basis. A student who is determined to have
7		brought one of the following objects to school, any
8		school-sponsored activity or event, or any activity or event
9		that bears a reasonable relationship to school shall be
10		expelled for a period of not less than one year:
11		(1) A firearm. For the purposes of this Section,
12		"firearm" means any gun, rifle, shotgun, weapon as defined
13		by Section 921 of Title 18 of the United States Code,
14		firearm as defined in Section 1.1 of the Firearm Owners
15		Identification Card Act, or firearm as defined in Section
16		24-1 of the Criminal Code of 2012. The expulsion period
17		under this subdivision (1) may be modified by the
18		superintendent, and the superintendent's determination may
19		be modified by the board on a case-by-case basis.
20		(2) A knife, brass knuckles or other knuckle weapon
21		regardless of its composition, a billy club, or any other
22		object if used or attempted to be used to cause bodily
23		harm, including "look alikes" of any firearm as defined in
24		subdivision (1) of this subsection (d). The expulsion
25		requirement under this subdivision (2) may be modified by
26		the superintendent, and the superintendent's determination

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1		may be modified by the board on a case-by-case basis.
2		Expulsion or suspension shall be construed in a manner
3		consistent with the federal Individuals with Disabilities
4		Education Act. A student who is subject to suspension or
5		expulsion as provided in this Section may be eligible for a
6		transfer to an alternative school program in accordance with
7		Article 13A of the School Code.
8		(d-5) The board may suspend or by regulation authorize the
9		superintendent of the district or the principal, assistant
10		principal, or dean of students of any school to suspend a
11		student for a period not to exceed 10 school days or may expel
12		a student for a definite period of time not to exceed 2
13		calendar years, as determined on a case-by-case basis, if (i)
14		that student has been determined to have made an explicit
15		threat on an Internet website against a school employee, a
16		student, or any school-related personnel, (ii) the Internet
17		website through which the threat was made is a site that was
18		accessible within the school at the time the threat was made or
19		was available to third parties who worked or studied within
20		the school grounds at the time the threat was made, and (iii)
21		the threat could be reasonably interpreted as threatening to
22		the safety and security of the threatened individual because
23		of his or her duties or employment status or status as a
24		student inside the school.
25		(e) To maintain order and security in the schools, school
26		authorities may inspect and search places and areas such as

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1		lockers, desks, parking lots, and other school property and
2		equipment owned or controlled by the school, as well as
3		personal effects left in those places and areas by students,
4		without notice to or the consent of the student, and without a
5		search warrant. As a matter of public policy, the General
6		Assembly finds that students have no reasonable expectation of
7		privacy in these places and areas or in their personal effects
8		left in these places and areas. School authorities may request
9		the assistance of law enforcement officials for the purpose of
10		conducting inspections and searches of lockers, desks, parking
11		lots, and other school property and equipment owned or
12		controlled by the school for illegal drugs, weapons, or other
13		illegal or dangerous substances or materials, including
14		searches conducted through the use of specially trained dogs.
15		If a search conducted in accordance with this Section produces
16		evidence that the student has violated or is violating either
17		the law, local ordinance, or the school's policies or rules,
18		such evidence may be seized by school authorities, and
19		disciplinary action may be taken. School authorities may also
20		turn over such evidence to law enforcement authorities.
21		(f) Suspension or expulsion may include suspension or
22		expulsion from school and all school activities and a
23		prohibition from being present on school grounds.
24		(g) A school district may adopt a policy providing that if
25		a student is suspended or expelled for any reason from any
26		public or private school in this or any other state, the

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1		student must complete the entire term of the suspension or
2		expulsion in an alternative school program under Article 13A
3		of this Code or an alternative learning opportunities program
4		under Article 13B of this Code before being admitted into the
5		school district if there is no threat to the safety of students
6		or staff in the alternative program.
7		(h) School officials shall not advise or encourage
8		students to drop out voluntarily due to behavioral or academic
9		difficulties.
10		(i) A student may not be issued a monetary fine or fee as a
11		disciplinary consequence, though this shall not preclude
12		requiring a student to provide restitution for lost, stolen,
13		or damaged property.
14		(j) Subsections (a) through (i) of this Section shall
15		apply to elementary and secondary schools, charter schools,
16		special charter districts, and school districts organized
17		under Article 34 of this Code.
18		(k) The expulsion of children enrolled in programs funded
19		under Section 1C-2 of this Code is subject to the requirements
20		under paragraph (7) of subsection (a) of Section 2-3.71 of
21		this Code.
22		(l) Beginning with the 2018-2019 school year, an in-school
23		suspension program provided by a school district for any
24		students in kindergarten through grade 12 may focus on
25		promoting non-violent conflict resolution and positive
26		interaction with other students and school personnel. A school

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1		district may employ a school social worker or a licensed
2		mental health professional to oversee an in-school suspension
3		program in kindergarten through grade 12.
4		(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.)
5		(Text of Section after amendment by P.A. 102-466)
6		Sec. 10-22.6. Suspension or expulsion of pupils; school
7		searches.
8		(a) To expel pupils guilty of gross disobedience or
9		misconduct, including gross disobedience or misconduct
10		perpetuated by electronic means, pursuant to subsection (b-20)
11		of this Section, and no action shall lie against them for such
12		expulsion. Expulsion shall take place only after the parents
13		or guardians have been requested to appear at a meeting of the
14		board, or with a hearing officer appointed by it, to discuss
15		their child's behavior. Such request shall be made by
16		registered or certified mail and shall state the time, place
17		and purpose of the meeting. The board, or a hearing officer
18		appointed by it, at such meeting shall state the reasons for
19		dismissal and the date on which the expulsion is to become
20		effective. If a hearing officer is appointed by the board, he
21		shall report to the board a written summary of the evidence
22		heard at the meeting and the board may take such action thereon
23		as it finds appropriate. If the board acts to expel a pupil,
24		the written expulsion decision shall detail the specific
25		reasons why removing the pupil from the learning environment

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1		is in the best interest of the school. The expulsion decision
2		shall also include a rationale as to the specific duration of
3		the expulsion. An expelled pupil may be immediately
4		transferred to an alternative program in the manner provided
5		in Article 13A or 13B of this Code. A pupil must not be denied
6		transfer because of the expulsion, except in cases in which
7		such transfer is deemed to cause a threat to the safety of
8		students or staff in the alternative program.
9		(b) To suspend or by policy to authorize the
10		superintendent of the district or the principal, assistant
11		principal, or dean of students of any school to suspend pupils
12		guilty of gross disobedience or misconduct, or to suspend
13		pupils guilty of gross disobedience or misconduct on the
14		school bus from riding the school bus, pursuant to subsections
15		(b-15) and (b-20) of this Section, and no action shall lie
16		against them for such suspension. The board may by policy
17		authorize the superintendent of the district or the principal,
18		assistant principal, or dean of students of any school to
19		suspend pupils guilty of such acts for a period not to exceed
20		10 school days. If a pupil is suspended due to gross
21		disobedience or misconduct on a school bus, the board may
22		suspend the pupil in excess of 10 school days for safety
23		reasons.
24		Any suspension shall be reported immediately to the
25		parents or guardians of a pupil along with a full statement of
26		the reasons for such suspension and a notice of their right to

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1		a review. The school board must be given a summary of the
2		notice, including the reason for the suspension and the
3		suspension length. Upon request of the parents or guardians,
4		the school board or a hearing officer appointed by it shall
5		review such action of the superintendent or principal,
6		assistant principal, or dean of students. At such review, the
7		parents or guardians of the pupil may appear and discuss the
8		suspension with the board or its hearing officer. If a hearing
9		officer is appointed by the board, he shall report to the board
10		a written summary of the evidence heard at the meeting. After
11		its hearing or upon receipt of the written report of its
12		hearing officer, the board may take such action as it finds
13		appropriate. If a student is suspended pursuant to this
14		subsection (b), the board shall, in the written suspension
15		decision, detail the specific act of gross disobedience or
16		misconduct resulting in the decision to suspend. The
17		suspension decision shall also include a rationale as to the
18		specific duration of the suspension. A pupil who is suspended
19		in excess of 20 school days may be immediately transferred to
20		an alternative program in the manner provided in Article 13A
21		or 13B of this Code. A pupil must not be denied transfer
22		because of the suspension, except in cases in which such
23		transfer is deemed to cause a threat to the safety of students
24		or staff in the alternative program.
25		(b-5) Among the many possible disciplinary interventions
26		and consequences available to school officials, school

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1		exclusions, such as out-of-school suspensions and expulsions,
2		are the most serious. School officials shall limit the number
3		and duration of expulsions and suspensions to the greatest
4		extent practicable, and it is recommended that they use them
5		only for legitimate educational purposes. To ensure that
6		students are not excluded from school unnecessarily, it is
7		recommended that school officials consider forms of
8		non-exclusionary discipline prior to using out-of-school
9		suspensions or expulsions.
10		(b-10) Unless otherwise required by federal law or this
11		Code, school boards may not institute zero-tolerance policies
12		by which school administrators are required to suspend or
13		expel students for particular behaviors.
14		(b-15) Out-of-school suspensions of 3 days or less may be
15		used only if the student's continuing presence in school would
16		pose a threat to school safety or a disruption to other
17		students' learning opportunities. For purposes of this
18		subsection (b-15), "threat to school safety or a disruption to
19		other students' learning opportunities" shall be determined on
20		a case-by-case basis by the school board or its designee.
21		School officials shall make all reasonable efforts to resolve
22		such threats, address such disruptions, and minimize the
23		length of suspensions to the greatest extent practicable.
24		(b-20) Unless otherwise required by this Code,
25		out-of-school suspensions of longer than 3 days, expulsions,
26		and disciplinary removals to alternative schools may be used

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1		only if other appropriate and available behavioral and
2		disciplinary interventions have been exhausted and the
3		student's continuing presence in school would either (i) pose
4		a threat to the safety of other students, staff, or members of
5		the school community or (ii) substantially disrupt, impede, or
6		interfere with the operation of the school. For purposes of
7		this subsection (b-20), "threat to the safety of other
8		students, staff, or members of the school community" and
9		"substantially disrupt, impede, or interfere with the
10		operation of the school" shall be determined on a case-by-case
11		basis by school officials. For purposes of this subsection
12		(b-20), the determination of whether "appropriate and
13		available behavioral and disciplinary interventions have been
14		exhausted" shall be made by school officials. School officials
15		shall make all reasonable efforts to resolve such threats,
16		address such disruptions, and minimize the length of student
17		exclusions to the greatest extent practicable. Within the
18		suspension decision described in subsection (b) of this
19		Section or the expulsion decision described in subsection (a)
20		of this Section, it shall be documented whether other
21		interventions were attempted or whether it was determined that
22		there were no other appropriate and available interventions.
23		(b-25) Students who are suspended out-of-school for longer
24		than 4 school days shall be provided appropriate and available
25		support services during the period of their suspension. For
26		purposes of this subsection (b-25), "appropriate and available

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1		support services" shall be determined by school authorities.
2		Within the suspension decision described in subsection (b) of
3		this Section, it shall be documented whether such services are
4		to be provided or whether it was determined that there are no
5		such appropriate and available services.
6		A school district may refer students who are expelled to
7		appropriate and available support services.
8		A school district shall create a policy to facilitate the
9		re-engagement of students who are suspended out-of-school,
10		expelled, or returning from an alternative school setting.
11		(b-30) A school district shall create a policy by which
12		suspended pupils, including those pupils suspended from the
13		school bus who do not have alternate transportation to school,
14		shall have the opportunity to make up work for equivalent
15		academic credit. It shall be the responsibility of a pupil's
16		parents or guardians to notify school officials that a pupil
17		suspended from the school bus does not have alternate
18		transportation to school.
19		(b-35) In all suspension review hearings conducted under
20		subsection (b) or expulsion hearings conducted under
21		subsection (a), a student may disclose any factor to be
22		considered in mitigation, including his or her status as a
23		parent, expectant parent, or victim of domestic or sexual
24		violence, as defined in Article 26A. A representative of the
25		parent's or guardian's choice, or of the student's choice if
26		emancipated, must be permitted to represent the student

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1		throughout the proceedings and to address the school board or
2		its appointed hearing officer. With the approval of the
3		student's parent or guardian, or of the student if
4		emancipated, a support person must be permitted to accompany
5		the student to any disciplinary hearings or proceedings. The
6		representative or support person must comply with any rules of
7		the school district's hearing process. If the representative
8		or support person violates the rules or engages in behavior or
9		advocacy that harasses, abuses, or intimidates either party, a
10		witness, or anyone else in attendance at the hearing, the
11		representative or support person may be prohibited from
12		further participation in the hearing or proceeding. A
13		suspension or expulsion proceeding under this subsection
14		(b-35) must be conducted independently from any ongoing
15		criminal investigation or proceeding, and an absence of
16		pending or possible criminal charges, criminal investigations,
17		or proceedings may not be a factor in school disciplinary
18		decisions.
19		(b-40) During a suspension review hearing conducted under
20		subsection (b) or an expulsion hearing conducted under
21		subsection (a) that involves allegations of sexual violence by
22		the student who is subject to discipline, neither the student
23		nor his or her representative shall directly question nor have
24		direct contact with the alleged victim. The student who is
25		subject to discipline or his or her representative may, at the
26		discretion and direction of the school board or its appointed

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1		hearing officer, suggest questions to be posed by the school
2		board or its appointed hearing officer to the alleged victim.
3		(c) A school board must invite a representative from a
4		local mental health agency to consult with the board at the
5		meeting whenever there is evidence that mental illness may be
6		the cause of a student's expulsion or suspension.
7		(c-5) School districts shall make reasonable efforts to
8		provide ongoing professional development to teachers,
9		administrators, school board members, school resource
10		officers, and staff on the adverse consequences of school
11		exclusion and justice-system involvement, effective classroom
12		management strategies, culturally responsive discipline, the
13		appropriate and available supportive services for the
14		promotion of student attendance and engagement, and
15		developmentally appropriate disciplinary methods that promote
16		positive and healthy school climates.
17		(d) The board may expel a student for a definite period of
18		time not to exceed 2 calendar years, as determined on a
19		case-by-case basis. A student who is determined to have
20		brought one of the following objects to school, any
21		school-sponsored activity or event, or any activity or event
22		that bears a reasonable relationship to school shall be
23		expelled for a period of not less than one year:
24		(1) A firearm. For the purposes of this Section,
25		"firearm" means any gun, rifle, shotgun, weapon as defined
26		by Section 921 of Title 18 of the United States Code,

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1		firearm as defined in Section 1.1 of the Firearm Owners
2		Identification Card Act, or firearm as defined in Section
3		24-1 of the Criminal Code of 2012. The expulsion period
4		under this subdivision (1) may be modified by the
5		superintendent, and the superintendent's determination may
6		be modified by the board on a case-by-case basis.
7		(2) A knife, brass knuckles or other knuckle weapon
8		regardless of its composition, a billy club, or any other
9		object if used or attempted to be used to cause bodily
10		harm, including "look alikes" of any firearm as defined in
11		subdivision (1) of this subsection (d). The expulsion
12		requirement under this subdivision (2) may be modified by
13		the superintendent, and the superintendent's determination
14		may be modified by the board on a case-by-case basis.
15		Expulsion or suspension shall be construed in a manner
16		consistent with the federal Individuals with Disabilities
17		Education Act. A student who is subject to suspension or
18		expulsion as provided in this Section may be eligible for a
19		transfer to an alternative school program in accordance with
20		Article 13A of the School Code.
21		(d-5) The board may suspend or by regulation authorize the
22		superintendent of the district or the principal, assistant
23		principal, or dean of students of any school to suspend a
24		student for a period not to exceed 10 school days or may expel
25		a student for a definite period of time not to exceed 2
26		calendar years, as determined on a case-by-case basis, if (i)

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1		that student has been determined to have made an explicit
2		threat on an Internet website against a school employee, a
3		student, or any school-related personnel, (ii) the Internet
4		website through which the threat was made is a site that was
5		accessible within the school at the time the threat was made or
6		was available to third parties who worked or studied within
7		the school grounds at the time the threat was made, and (iii)
8		the threat could be reasonably interpreted as threatening to
9		the safety and security of the threatened individual because
10		of his or her duties or employment status or status as a
11		student inside the school.
12		(e) To maintain order and security in the schools, school
13		authorities may inspect and search places and areas such as
14		lockers, desks, parking lots, and other school property and
15		equipment owned or controlled by the school, as well as
16		personal effects left in those places and areas by students,
17		without notice to or the consent of the student, and without a
18		search warrant. As a matter of public policy, the General
19		Assembly finds that students have no reasonable expectation of
20		privacy in these places and areas or in their personal effects
21		left in these places and areas. School authorities may request
22		the assistance of law enforcement officials for the purpose of
23		conducting inspections and searches of lockers, desks, parking
24		lots, and other school property and equipment owned or
25		controlled by the school for illegal drugs, weapons, or other
26		illegal or dangerous substances or materials, including

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1		searches conducted through the use of specially trained dogs.
2		If a search conducted in accordance with this Section produces
3		evidence that the student has violated or is violating either
4		the law, local ordinance, or the school's policies or rules,
5		such evidence may be seized by school authorities, and
6		disciplinary action may be taken. School authorities may also
7		turn over such evidence to law enforcement authorities.
8		(f) Suspension or expulsion may include suspension or
9		expulsion from school and all school activities and a
10		prohibition from being present on school grounds.
11		(g) A school district may adopt a policy providing that if
12		a student is suspended or expelled for any reason from any
13		public or private school in this or any other state, the
14		student must complete the entire term of the suspension or
15		expulsion in an alternative school program under Article 13A
16		of this Code or an alternative learning opportunities program
17		under Article 13B of this Code before being admitted into the
18		school district if there is no threat to the safety of students
19		or staff in the alternative program. A school district that
20		adopts a policy under this subsection (g) must include a
21		provision allowing for consideration of any mitigating
22		factors, including, but not limited to, a student's status as
23		a parent, expectant parent, or victim of domestic or sexual
24		violence, as defined in Article 26A.
25		(h) School officials shall not advise or encourage
26		students to drop out voluntarily due to behavioral or academic

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1		difficulties.
2		(i) A student may not be issued a monetary fine or fee as a
3		disciplinary consequence, though this shall not preclude
4		requiring a student to provide restitution for lost, stolen,
5		or damaged property.
6		(j) Subsections (a) through (i) of this Section shall
7		apply to elementary and secondary schools, charter schools,
8		special charter districts, and school districts organized
9		under Article 34 of this Code.
10		(k) The expulsion of children enrolled in programs funded
11		under Section 1C-2 of this Code is subject to the requirements
12		under paragraph (7) of subsection (a) of Section 2-3.71 of
13		this Code.
14		(l) Beginning with the 2018-2019 school year, an in-school
15		suspension program provided by a school district for any
16		students in kindergarten through grade 12 may focus on
17		promoting non-violent conflict resolution and positive
18		interaction with other students and school personnel. A school
19		district may employ a school social worker or a licensed
20		mental health professional to oversee an in-school suspension
21		program in kindergarten through grade 12.
22		(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
23		102-539, eff. 8-20-21; revised 9-23-21.)
24		(105 ILCS 5/10-22.39)
25		(Text of Section before amendment by P.A. 102-638)

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1		Sec. 10-22.39. In-service training programs.
2		(a) To conduct in-service training programs for teachers.
3		(b) In addition to other topics at in-service training
4		programs, at least once every 2 years, licensed school
5		personnel and administrators who work with pupils in
6		kindergarten through grade 12 shall be trained to identify the
7		warning signs of mental illness and suicidal behavior in youth
8		and shall be taught appropriate intervention and referral
9		techniques. A school district may utilize the Illinois Mental
10		Health First Aid training program, established under the
11		Illinois Mental Health First Aid Training Act and administered
12		by certified instructors trained by a national association
13		recognized as an authority in behavioral health, to provide
14		the training and meet the requirements under this subsection.
15		If licensed school personnel or an administrator obtains
16		mental health first aid training outside of an in-service
17		training program, he or she may present a certificate of
18		successful completion of the training to the school district
19		to satisfy the requirements of this subsection.
20		(c) School counselors, nurses, teachers and other school
21		personnel who work with pupils may be trained to have a basic
22		knowledge of matters relating to acquired immunodeficiency
23		syndrome (AIDS), including the nature of the disease, its
24		causes and effects, the means of detecting it and preventing
25		its transmission, and the availability of appropriate sources
26		of counseling and referral, and any other information that may

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1		be appropriate considering the age and grade level of such
2		pupils. The School Board shall supervise such training. The
3		State Board of Education and the Department of Public Health
4		shall jointly develop standards for such training.
5		(d) In this subsection (d):
6		"Domestic violence" means abuse by a family or household
7		member, as "abuse" and "family or household members" are
8		defined in Section 103 of the Illinois Domestic Violence Act
9		of 1986.
10		"Sexual violence" means sexual assault, abuse, or stalking
11		of an adult or minor child proscribed in the Criminal Code of
12		1961 or the Criminal Code of 2012 in Sections 11-1.20,
13		11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,
14		12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including
15		sexual violence committed by perpetrators who are strangers to
16		the victim and sexual violence committed by perpetrators who
17		are known or related by blood or marriage to the victim.
18		At least once every 2 years, an in-service training
19		program for school personnel who work with pupils, including,
20		but not limited to, school and school district administrators,
21		teachers, school social workers, school counselors, school
22		psychologists, and school nurses, must be conducted by persons
23		with expertise in domestic and sexual violence and the needs
24		of expectant and parenting youth and shall include training
25		concerning (i) communicating with and listening to youth
26		victims of domestic or sexual violence and expectant and

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1		parenting youth, (ii) connecting youth victims of domestic or
2		sexual violence and expectant and parenting youth to
3		appropriate in-school services and other agencies, programs,
4		and services as needed, and (iii) implementing the school
5		district's policies, procedures, and protocols with regard to
6		such youth, including confidentiality. At a minimum, school
7		personnel must be trained to understand, provide information
8		and referrals, and address issues pertaining to youth who are
9		parents, expectant parents, or victims of domestic or sexual
10		violence.
11		(e) At least every 2 years, an in-service training program
12		for school personnel who work with pupils must be conducted by
13		persons with expertise in anaphylactic reactions and
14		management.
15		(f) At least once every 2 years, a school board shall
16		conduct in-service training on educator ethics,
17		teacher-student conduct, and school employee-student conduct
18		for all personnel.
19		(Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21.)
20		(Text of Section after amendment by P.A. 102-638)
21		Sec. 10-22.39. In-service training programs.
22		(a) To conduct in-service training programs for teachers.
23		(b) In addition to other topics at in-service training
24		programs, at least once every 2 years, licensed school
25		personnel and administrators who work with pupils in

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1		kindergarten through grade 12 shall be trained to identify the
2		warning signs of mental illness, trauma, and suicidal behavior
3		in youth and shall be taught appropriate intervention and
4		referral techniques. A school district may utilize the
5		Illinois Mental Health First Aid training program, established
6		under the Illinois Mental Health First Aid Training Act and
7		administered by certified instructors trained by a national
8		association recognized as an authority in behavioral health,
9		to provide the training and meet the requirements under this
10		subsection. If licensed school personnel or an administrator
11		obtains mental health first aid training outside of an
12		in-service training program, he or she may present a
13		certificate of successful completion of the training to the
14		school district to satisfy the requirements of this
15		subsection.
16		Training regarding the implementation of trauma-informed
17		practices satisfies the requirements of this subsection (b).
18		A course of instruction as described in this subsection
19		(b) may provide information that is relevant to and within the
20		scope of the duties of licensed school personnel or school
21		administrators. Such information may include, but is not
22		limited to:
23		(1) the recognition of and care for trauma in students
24		and staff;
25		(2) the relationship between educator wellness and
26		student learning;

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1		(3) the effect of trauma on student behavior and
2		learning;
3		(4) the prevalence of trauma among students, including
4		the prevalence of trauma among student populations at
5		higher risk of experiencing trauma;
6		(5) the effects of implicit or explicit bias on
7		recognizing trauma among various student groups in
8		connection with race, ethnicity, gender identity, sexual
9		orientation, socio-economic status, and other relevant
10		factors; and
11		(6) effective district practices that are shown to:
12		(A) prevent and mitigate the negative effect of
13		trauma on student behavior and learning; and
14		(B) support the emotional wellness of staff.
15		(c) School counselors, nurses, teachers and other school
16		personnel who work with pupils may be trained to have a basic
17		knowledge of matters relating to acquired immunodeficiency
18		syndrome (AIDS), including the nature of the disease, its
19		causes and effects, the means of detecting it and preventing
20		its transmission, and the availability of appropriate sources
21		of counseling and referral, and any other information that may
22		be appropriate considering the age and grade level of such
23		pupils. The School Board shall supervise such training. The
24		State Board of Education and the Department of Public Health
25		shall jointly develop standards for such training.
26		(d) In this subsection (d):

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1		"Domestic violence" means abuse by a family or household
2		member, as "abuse" and "family or household members" are
3		defined in Section 103 of the Illinois Domestic Violence Act
4		of 1986.
5		"Sexual violence" means sexual assault, abuse, or stalking
6		of an adult or minor child proscribed in the Criminal Code of
7		1961 or the Criminal Code of 2012 in Sections 11-1.20,
8		11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,
9		12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including
10		sexual violence committed by perpetrators who are strangers to
11		the victim and sexual violence committed by perpetrators who
12		are known or related by blood or marriage to the victim.
13		At least once every 2 years, an in-service training
14		program for school personnel who work with pupils, including,
15		but not limited to, school and school district administrators,
16		teachers, school social workers, school counselors, school
17		psychologists, and school nurses, must be conducted by persons
18		with expertise in domestic and sexual violence and the needs
19		of expectant and parenting youth and shall include training
20		concerning (i) communicating with and listening to youth
21		victims of domestic or sexual violence and expectant and
22		parenting youth, (ii) connecting youth victims of domestic or
23		sexual violence and expectant and parenting youth to
24		appropriate in-school services and other agencies, programs,
25		and services as needed, and (iii) implementing the school
26		district's policies, procedures, and protocols with regard to

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1		such youth, including confidentiality. At a minimum, school
2		personnel must be trained to understand, provide information
3		and referrals, and address issues pertaining to youth who are
4		parents, expectant parents, or victims of domestic or sexual
5		violence.
6		(e) At least every 2 years, an in-service training program
7		for school personnel who work with pupils must be conducted by
8		persons with expertise in anaphylactic reactions and
9		management.
10		(f) At least once every 2 years, a school board shall
11		conduct in-service training on educator ethics,
12		teacher-student conduct, and school employee-student conduct
13		for all personnel.
14		(Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21;
15		102-638, eff. 1-1-23; revised 10-15-21.)
16		(105 ILCS 5/10-27.1A)
17		Sec. 10-27.1A. Firearms in schools.
18		(a) All school officials, including teachers, school
19		counselors, and support staff, shall immediately notify the
20		office of the principal in the event that they observe any
21		person in possession of a firearm on school grounds; provided
22		that taking such immediate action to notify the office of the
23		principal would not immediately endanger the health, safety,
24		or welfare of students who are under the direct supervision of
25		the school official or the school official. If the health,

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1		safety, or welfare of students under the direct supervision of
2		the school official or of the school official is immediately
3		endangered, the school official shall notify the office of the
4		principal as soon as the students under his or her supervision
5		and he or she are no longer under immediate danger. A report is
6		not required by this Section when the school official knows
7		that the person in possession of the firearm is a law
8		enforcement official engaged in the conduct of his or her
9		official duties. Any school official acting in good faith who
10		makes such a report under this Section shall have immunity
11		from any civil or criminal liability that might otherwise be
12		incurred as a result of making the report. The identity of the
13		school official making such report shall not be disclosed
14		except as expressly and specifically authorized by law.
15		Knowingly and willfully failing to comply with this Section is
16		a petty offense. A second or subsequent offense is a Class C
17		misdemeanor.
18		(b) Upon receiving a report from any school official
19		pursuant to this Section, or from any other person, the
20		principal or his or her designee shall immediately notify a
21		local law enforcement agency. If the person found to be in
22		possession of a firearm on school grounds is a student, the
23		principal or his or her designee shall also immediately notify
24		that student's parent or guardian. Any principal or his or her
25		designee acting in good faith who makes such reports under
26		this Section shall have immunity from any civil or criminal

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1		liability that might otherwise be incurred or imposed as a
2		result of making the reports. Knowingly and willfully failing
3		to comply with this Section is a petty offense. A second or
4		subsequent offense is a Class C misdemeanor. If the person
5		found to be in possession of the firearm on school grounds is a
6		minor, the law enforcement agency shall detain that minor
7		until such time as the agency makes a determination pursuant
8		to clause (a) of subsection (1) of Section 5-401 of the
9		Juvenile Court Act of 1987, as to whether the agency
10		reasonably believes that the minor is delinquent. If the law
11		enforcement agency determines that probable cause exists to
12		believe that the minor committed a violation of item (4) of
13		subsection (a) of Section 24-1 of the Criminal Code of 2012
14		while on school grounds, the agency shall detain the minor for
15		processing pursuant to Section 5-407 of the Juvenile Court Act
16		of 1987.
17		(c) On or after January 1, 1997, upon receipt of any
18		written, electronic, or verbal report from any school
19		personnel regarding a verified incident involving a firearm in
20		a school or on school owned or leased property, including any
21		conveyance owned, leased, or used by the school for the
22		transport of students or school personnel, the superintendent
23		or his or her designee shall report all such firearm-related
24		incidents occurring in a school or on school property to the
25		local law enforcement authorities immediately and to the
26		Illinois State Police in a form, manner, and frequency as

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1		prescribed by the Illinois State Police.
2		The State Board of Education shall receive an annual
3		statistical compilation and related data associated with
4		incidents involving firearms in schools from the Illinois
5		State Police. The State Board of Education shall compile this
6		information by school district and make it available to the
7		public.
8		(d) As used in this Section, the term "firearm" shall have
9		the meaning ascribed to it in Section 1.1 of the Firearm Owners
10		Identification Card Act.
11		As used in this Section, the term "school" means any
12		public or private elementary or secondary school.
13		As used in this Section, the term "school grounds"
14		includes the real property comprising any school, any
15		conveyance owned, leased, or contracted by a school to
16		transport students to or from school or a school-related
17		activity, or any public way within 1,000 feet of the real
18		property comprising any school.
19		(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
20		revised 10-6-21.)
21		(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
22		(Text of Section before amendment by P.A. 102-199)
23		Sec. 14-8.02. Identification, evaluation, and placement of
24		children.
25		(a) The State Board of Education shall make rules under

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1		which local school boards shall determine the eligibility of
2		children to receive special education. Such rules shall ensure
3		that a free appropriate public education be available to all
4		children with disabilities as defined in Section 14-1.02. The
5		State Board of Education shall require local school districts
6		to administer non-discriminatory procedures or tests to
7		English learners coming from homes in which a language other
8		than English is used to determine their eligibility to receive
9		special education. The placement of low English proficiency
10		students in special education programs and facilities shall be
11		made in accordance with the test results reflecting the
12		student's linguistic, cultural and special education needs.
13		For purposes of determining the eligibility of children the
14		State Board of Education shall include in the rules
15		definitions of "case study", "staff conference",
16		"individualized educational program", and "qualified
17		specialist" appropriate to each category of children with
18		disabilities as defined in this Article. For purposes of
19		determining the eligibility of children from homes in which a
20		language other than English is used, the State Board of
21		Education shall include in the rules definitions for
22		"qualified bilingual specialists" and "linguistically and
23		culturally appropriate individualized educational programs".
24		For purposes of this Section, as well as Sections 14-8.02a,
25		14-8.02b, and 14-8.02c of this Code, "parent" means a parent
26		as defined in the federal Individuals with Disabilities

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1		Education Act (20 U.S.C. 1401(23)).
2		(b) No child shall be eligible for special education
3		facilities except with a carefully completed case study fully
4		reviewed by professional personnel in a multidisciplinary
5		staff conference and only upon the recommendation of qualified
6		specialists or a qualified bilingual specialist, if available.
7		At the conclusion of the multidisciplinary staff conference,
8		the parent of the child shall be given a copy of the
9		multidisciplinary conference summary report and
10		recommendations, which includes options considered, and be
11		informed of his or her right to obtain an independent
12		educational evaluation if he or she disagrees with the
13		evaluation findings conducted or obtained by the school
14		district. If the school district's evaluation is shown to be
15		inappropriate, the school district shall reimburse the parent
16		for the cost of the independent evaluation. The State Board of
17		Education shall, with advice from the State Advisory Council
18		on Education of Children with Disabilities on the inclusion of
19		specific independent educational evaluators, prepare a list of
20		suggested independent educational evaluators. The State Board
21		of Education shall include on the list clinical psychologists
22		licensed pursuant to the Clinical Psychologist Licensing Act.
23		Such psychologists shall not be paid fees in excess of the
24		amount that would be received by a school psychologist for
25		performing the same services. The State Board of Education
26		shall supply school districts with such list and make the list

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1		available to parents at their request. School districts shall
2		make the list available to parents at the time they are
3		informed of their right to obtain an independent educational
4		evaluation. However, the school district may initiate an
5		impartial due process hearing under this Section within 5 days
6		of any written parent request for an independent educational
7		evaluation to show that its evaluation is appropriate. If the
8		final decision is that the evaluation is appropriate, the
9		parent still has a right to an independent educational
10		evaluation, but not at public expense. An independent
11		educational evaluation at public expense must be completed
12		within 30 days of a parent written request unless the school
13		district initiates an impartial due process hearing or the
14		parent or school district offers reasonable grounds to show
15		that such 30-day time period should be extended. If the due
16		process hearing decision indicates that the parent is entitled
17		to an independent educational evaluation, it must be completed
18		within 30 days of the decision unless the parent or the school
19		district offers reasonable grounds to show that such 30-day
20		period should be extended. If a parent disagrees with the
21		summary report or recommendations of the multidisciplinary
22		conference or the findings of any educational evaluation which
23		results therefrom, the school district shall not proceed with
24		a placement based upon such evaluation and the child shall
25		remain in his or her regular classroom setting. No child shall
26		be eligible for admission to a special class for children with

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1		a mental disability who are educable or for children with a
2		mental disability who are trainable except with a
3		psychological evaluation and recommendation by a school
4		psychologist. Consent shall be obtained from the parent of a
5		child before any evaluation is conducted. If consent is not
6		given by the parent or if the parent disagrees with the
7		findings of the evaluation, then the school district may
8		initiate an impartial due process hearing under this Section.
9		The school district may evaluate the child if that is the
10		decision resulting from the impartial due process hearing and
11		the decision is not appealed or if the decision is affirmed on
12		appeal. The determination of eligibility shall be made and the
13		IEP meeting shall be completed within 60 school days from the
14		date of written parental consent. In those instances when
15		written parental consent is obtained with fewer than 60 pupil
16		attendance days left in the school year, the eligibility
17		determination shall be made and the IEP meeting shall be
18		completed prior to the first day of the following school year.
19		Special education and related services must be provided in
20		accordance with the student's IEP no later than 10 school
21		attendance days after notice is provided to the parents
22		pursuant to Section 300.503 of Title 34 of the Code of Federal
23		Regulations and implementing rules adopted by the State Board
24		of Education. The appropriate program pursuant to the
25		individualized educational program of students whose native
26		tongue is a language other than English shall reflect the

HB5501 Engrossed - 938 - LRB102 24698 AMC 33937 b
1		special education, cultural and linguistic needs. No later
2		than September 1, 1993, the State Board of Education shall
3		establish standards for the development, implementation and
4		monitoring of appropriate bilingual special individualized
5		educational programs. The State Board of Education shall
6		further incorporate appropriate monitoring procedures to
7		verify implementation of these standards. The district shall
8		indicate to the parent and the State Board of Education the
9		nature of the services the child will receive for the regular
10		school term while awaiting waiting placement in the
11		appropriate special education class. At the child's initial
12		IEP meeting and at each annual review meeting, the child's IEP
13		team shall provide the child's parent or guardian with a
14		written notification that informs the parent or guardian that
15		the IEP team is required to consider whether the child
16		requires assistive technology in order to receive free,
17		appropriate public education. The notification must also
18		include a toll-free telephone number and internet address for
19		the State's assistive technology program.
20		If the child is deaf, hard of hearing, blind, or visually
21		impaired or has an orthopedic impairment or physical
22		disability and he or she might be eligible to receive services
23		from the Illinois School for the Deaf, the Illinois School for
24		the Visually Impaired, or the Illinois Center for
25		Rehabilitation and Education-Roosevelt, the school district
26		shall notify the parents, in writing, of the existence of

HB5501 Engrossed - 939 - LRB102 24698 AMC 33937 b
1		these schools and the services they provide and shall make a
2		reasonable effort to inform the parents of the existence of
3		other, local schools that provide similar services and the
4		services that these other schools provide. This notification
5		shall include without limitation information on school
6		services, school admissions criteria, and school contact
7		information.
8		In the development of the individualized education program
9		for a student who has a disability on the autism spectrum
10		(which includes autistic disorder, Asperger's disorder,
11		pervasive developmental disorder not otherwise specified,
12		childhood disintegrative disorder, and Rett Syndrome, as
13		defined in the Diagnostic and Statistical Manual of Mental
14		Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
15		consider all of the following factors:
16		(1) The verbal and nonverbal communication needs of
17		the child.
18		(2) The need to develop social interaction skills and
19		proficiencies.
20		(3) The needs resulting from the child's unusual
21		responses to sensory experiences.
22		(4) The needs resulting from resistance to
23		environmental change or change in daily routines.
24		(5) The needs resulting from engagement in repetitive
25		activities and stereotyped movements.
26		(6) The need for any positive behavioral

HB5501 Engrossed - 940 - LRB102 24698 AMC 33937 b
1		interventions, strategies, and supports to address any
2		behavioral difficulties resulting from autism spectrum
3		disorder.
4		(7) Other needs resulting from the child's disability
5		that impact progress in the general curriculum, including
6		social and emotional development.
7		Public Act 95-257 does not create any new entitlement to a
8		service, program, or benefit, but must not affect any
9		entitlement to a service, program, or benefit created by any
10		other law.
11		If the student may be eligible to participate in the
12		Home-Based Support Services Program for Adults with Mental
13		Disabilities authorized under the Developmental Disability and
14		Mental Disability Services Act upon becoming an adult, the
15		student's individualized education program shall include plans
16		for (i) determining the student's eligibility for those
17		home-based services, (ii) enrolling the student in the program
18		of home-based services, and (iii) developing a plan for the
19		student's most effective use of the home-based services after
20		the student becomes an adult and no longer receives special
21		educational services under this Article. The plans developed
22		under this paragraph shall include specific actions to be
23		taken by specified individuals, agencies, or officials.
24		(c) In the development of the individualized education
25		program for a student who is functionally blind, it shall be
26		presumed that proficiency in Braille reading and writing is

HB5501 Engrossed - 941 - LRB102 24698 AMC 33937 b
1		essential for the student's satisfactory educational progress.
2		For purposes of this subsection, the State Board of Education
3		shall determine the criteria for a student to be classified as
4		functionally blind. Students who are not currently identified
5		as functionally blind who are also entitled to Braille
6		instruction include: (i) those whose vision loss is so severe
7		that they are unable to read and write at a level comparable to
8		their peers solely through the use of vision, and (ii) those
9		who show evidence of progressive vision loss that may result
10		in functional blindness. Each student who is functionally
11		blind shall be entitled to Braille reading and writing
12		instruction that is sufficient to enable the student to
13		communicate with the same level of proficiency as other
14		students of comparable ability. Instruction should be provided
15		to the extent that the student is physically and cognitively
16		able to use Braille. Braille instruction may be used in
17		combination with other special education services appropriate
18		to the student's educational needs. The assessment of each
19		student who is functionally blind for the purpose of
20		developing the student's individualized education program
21		shall include documentation of the student's strengths and
22		weaknesses in Braille skills. Each person assisting in the
23		development of the individualized education program for a
24		student who is functionally blind shall receive information
25		describing the benefits of Braille instruction. The
26		individualized education program for each student who is

HB5501 Engrossed - 942 - LRB102 24698 AMC 33937 b
1		functionally blind shall specify the appropriate learning
2		medium or media based on the assessment report.
3		(d) To the maximum extent appropriate, the placement shall
4		provide the child with the opportunity to be educated with
5		children who do not have a disability; provided that children
6		with disabilities who are recommended to be placed into
7		regular education classrooms are provided with supplementary
8		services to assist the children with disabilities to benefit
9		from the regular classroom instruction and are included on the
10		teacher's regular education class register. Subject to the
11		limitation of the preceding sentence, placement in special
12		classes, separate schools or other removal of the child with a
13		disability from the regular educational environment shall
14		occur only when the nature of the severity of the disability is
15		such that education in the regular classes with the use of
16		supplementary aids and services cannot be achieved
17		satisfactorily. The placement of English learners with
18		disabilities shall be in non-restrictive environments which
19		provide for integration with peers who do not have
20		disabilities in bilingual classrooms. Annually, each January,
21		school districts shall report data on students from
22		non-English speaking backgrounds receiving special education
23		and related services in public and private facilities as
24		prescribed in Section 2-3.30. If there is a disagreement
25		between parties involved regarding the special education
26		placement of any child, either in-state or out-of-state, the

HB5501 Engrossed - 943 - LRB102 24698 AMC 33937 b
1		placement is subject to impartial due process procedures
2		described in Article 10 of the Rules and Regulations to Govern
3		the Administration and Operation of Special Education.
4		(e) No child who comes from a home in which a language
5		other than English is the principal language used may be
6		assigned to any class or program under this Article until he
7		has been given, in the principal language used by the child and
8		used in his home, tests reasonably related to his cultural
9		environment. All testing and evaluation materials and
10		procedures utilized for evaluation and placement shall not be
11		linguistically, racially or culturally discriminatory.
12		(f) Nothing in this Article shall be construed to require
13		any child to undergo any physical examination or medical
14		treatment whose parents object thereto on the grounds that
15		such examination or treatment conflicts with his religious
16		beliefs.
17		(g) School boards or their designee shall provide to the
18		parents of a child prior written notice of any decision (a)
19		proposing to initiate or change, or (b) refusing to initiate
20		or change, the identification, evaluation, or educational
21		placement of the child or the provision of a free appropriate
22		public education to their child, and the reasons therefor.
23		Such written notification shall also inform the parent of the
24		opportunity to present complaints with respect to any matter
25		relating to the educational placement of the student, or the
26		provision of a free appropriate public education and to have

HB5501 Engrossed - 944 - LRB102 24698 AMC 33937 b
1		an impartial due process hearing on the complaint. The notice
2		shall inform the parents in the parents' native language,
3		unless it is clearly not feasible to do so, of their rights and
4		all procedures available pursuant to this Act and the federal
5		Individuals with Disabilities Education Improvement Act of
6		2004 (Public Law 108-446); it shall be the responsibility of
7		the State Superintendent to develop uniform notices setting
8		forth the procedures available under this Act and the federal
9		Individuals with Disabilities Education Improvement Act of
10		2004 (Public Law 108-446) to be used by all school boards. The
11		notice shall also inform the parents of the availability upon
12		request of a list of free or low-cost legal and other relevant
13		services available locally to assist parents in initiating an
14		impartial due process hearing. The State Superintendent shall
15		revise the uniform notices required by this subsection (g) to
16		reflect current law and procedures at least once every 2
17		years. Any parent who is deaf, or does not normally
18		communicate using spoken English, who participates in a
19		meeting with a representative of a local educational agency
20		for the purposes of developing an individualized educational
21		program shall be entitled to the services of an interpreter.
22		The State Board of Education must adopt rules to establish the
23		criteria, standards, and competencies for a bilingual language
24		interpreter who attends an individualized education program
25		meeting under this subsection to assist a parent who has
26		limited English proficiency.

HB5501 Engrossed - 945 - LRB102 24698 AMC 33937 b
1		(g-5) For purposes of this subsection (g-5), "qualified
2		professional" means an individual who holds credentials to
3		evaluate the child in the domain or domains for which an
4		evaluation is sought or an intern working under the direct
5		supervision of a qualified professional, including a master's
6		or doctoral degree candidate.
7		To ensure that a parent can participate fully and
8		effectively with school personnel in the development of
9		appropriate educational and related services for his or her
10		child, the parent, an independent educational evaluator, or a
11		qualified professional retained by or on behalf of a parent or
12		child must be afforded reasonable access to educational
13		facilities, personnel, classrooms, and buildings and to the
14		child as provided in this subsection (g-5). The requirements
15		of this subsection (g-5) apply to any public school facility,
16		building, or program and to any facility, building, or program
17		supported in whole or in part by public funds. Prior to
18		visiting a school, school building, or school facility, the
19		parent, independent educational evaluator, or qualified
20		professional may be required by the school district to inform
21		the building principal or supervisor in writing of the
22		proposed visit, the purpose of the visit, and the approximate
23		duration of the visit. The visitor and the school district
24		shall arrange the visit or visits at times that are mutually
25		agreeable. Visitors shall comply with school safety, security,
26		and visitation policies at all times. School district

HB5501 Engrossed - 946 - LRB102 24698 AMC 33937 b
1		visitation policies must not conflict with this subsection
2		(g-5). Visitors shall be required to comply with the
3		requirements of applicable privacy laws, including those laws
4		protecting the confidentiality of education records such as
5		the federal Family Educational Rights and Privacy Act and the
6		Illinois School Student Records Act. The visitor shall not
7		disrupt the educational process.
8		(1) A parent must be afforded reasonable access of
9		sufficient duration and scope for the purpose of observing
10		his or her child in the child's current educational
11		placement, services, or program or for the purpose of
12		visiting an educational placement or program proposed for
13		the child.
14		(2) An independent educational evaluator or a
15		qualified professional retained by or on behalf of a
16		parent or child must be afforded reasonable access of
17		sufficient duration and scope for the purpose of
18		conducting an evaluation of the child, the child's
19		performance, the child's current educational program,
20		placement, services, or environment, or any educational
21		program, placement, services, or environment proposed for
22		the child, including interviews of educational personnel,
23		child observations, assessments, tests or assessments of
24		the child's educational program, services, or placement or
25		of any proposed educational program, services, or
26		placement. If one or more interviews of school personnel

HB5501 Engrossed - 947 - LRB102 24698 AMC 33937 b
1		are part of the evaluation, the interviews must be
2		conducted at a mutually agreed upon time, date, and place
3		that do not interfere with the school employee's school
4		duties. The school district may limit interviews to
5		personnel having information relevant to the child's
6		current educational services, program, or placement or to
7		a proposed educational service, program, or placement.
8		(Source: P.A. 101-124, eff. 1-1-20; 102-264, eff. 8-6-21;
9		102-558, eff. 8-20-21.)
10		(Text of Section after amendment by P.A. 102-199)
11		Sec. 14-8.02. Identification, evaluation, and placement of
12		children.
13		(a) The State Board of Education shall make rules under
14		which local school boards shall determine the eligibility of
15		children to receive special education. Such rules shall ensure
16		that a free appropriate public education be available to all
17		children with disabilities as defined in Section 14-1.02. The
18		State Board of Education shall require local school districts
19		to administer non-discriminatory procedures or tests to
20		English learners coming from homes in which a language other
21		than English is used to determine their eligibility to receive
22		special education. The placement of low English proficiency
23		students in special education programs and facilities shall be
24		made in accordance with the test results reflecting the
25		student's linguistic, cultural and special education needs.

HB5501 Engrossed - 948 - LRB102 24698 AMC 33937 b
1		For purposes of determining the eligibility of children the
2		State Board of Education shall include in the rules
3		definitions of "case study", "staff conference",
4		"individualized educational program", and "qualified
5		specialist" appropriate to each category of children with
6		disabilities as defined in this Article. For purposes of
7		determining the eligibility of children from homes in which a
8		language other than English is used, the State Board of
9		Education shall include in the rules definitions for
10		"qualified bilingual specialists" and "linguistically and
11		culturally appropriate individualized educational programs".
12		For purposes of this Section, as well as Sections 14-8.02a,
13		14-8.02b, and 14-8.02c of this Code, "parent" means a parent
14		as defined in the federal Individuals with Disabilities
15		Education Act (20 U.S.C. 1401(23)).
16		(b) No child shall be eligible for special education
17		facilities except with a carefully completed case study fully
18		reviewed by professional personnel in a multidisciplinary
19		staff conference and only upon the recommendation of qualified
20		specialists or a qualified bilingual specialist, if available.
21		At the conclusion of the multidisciplinary staff conference,
22		the parent of the child and, if the child is in the legal
23		custody of the Department of Children and Family Services, the
24		Department's Office of Education and Transition Services shall
25		be given a copy of the multidisciplinary conference summary
26		report and recommendations, which includes options considered,

HB5501 Engrossed - 949 - LRB102 24698 AMC 33937 b
1		and, in the case of the parent, be informed of his or her right
2		to obtain an independent educational evaluation if he or she
3		disagrees with the evaluation findings conducted or obtained
4		by the school district. If the school district's evaluation is
5		shown to be inappropriate, the school district shall reimburse
6		the parent for the cost of the independent evaluation. The
7		State Board of Education shall, with advice from the State
8		Advisory Council on Education of Children with Disabilities on
9		the inclusion of specific independent educational evaluators,
10		prepare a list of suggested independent educational
11		evaluators. The State Board of Education shall include on the
12		list clinical psychologists licensed pursuant to the Clinical
13		Psychologist Licensing Act. Such psychologists shall not be
14		paid fees in excess of the amount that would be received by a
15		school psychologist for performing the same services. The
16		State Board of Education shall supply school districts with
17		such list and make the list available to parents at their
18		request. School districts shall make the list available to
19		parents at the time they are informed of their right to obtain
20		an independent educational evaluation. However, the school
21		district may initiate an impartial due process hearing under
22		this Section within 5 days of any written parent request for an
23		independent educational evaluation to show that its evaluation
24		is appropriate. If the final decision is that the evaluation
25		is appropriate, the parent still has a right to an independent
26		educational evaluation, but not at public expense. An

HB5501 Engrossed - 950 - LRB102 24698 AMC 33937 b
1		independent educational evaluation at public expense must be
2		completed within 30 days of a parent written request unless
3		the school district initiates an impartial due process hearing
4		or the parent or school district offers reasonable grounds to
5		show that such 30-day time period should be extended. If the
6		due process hearing decision indicates that the parent is
7		entitled to an independent educational evaluation, it must be
8		completed within 30 days of the decision unless the parent or
9		the school district offers reasonable grounds to show that
10		such 30-day period should be extended. If a parent disagrees
11		with the summary report or recommendations of the
12		multidisciplinary conference or the findings of any
13		educational evaluation which results therefrom, the school
14		district shall not proceed with a placement based upon such
15		evaluation and the child shall remain in his or her regular
16		classroom setting. No child shall be eligible for admission to
17		a special class for children with a mental disability who are
18		educable or for children with a mental disability who are
19		trainable except with a psychological evaluation and
20		recommendation by a school psychologist. Consent shall be
21		obtained from the parent of a child before any evaluation is
22		conducted. If consent is not given by the parent or if the
23		parent disagrees with the findings of the evaluation, then the
24		school district may initiate an impartial due process hearing
25		under this Section. The school district may evaluate the child
26		if that is the decision resulting from the impartial due

HB5501 Engrossed - 951 - LRB102 24698 AMC 33937 b
1		process hearing and the decision is not appealed or if the
2		decision is affirmed on appeal. The determination of
3		eligibility shall be made and the IEP meeting shall be
4		completed within 60 school days from the date of written
5		parental consent. In those instances when written parental
6		consent is obtained with fewer than 60 pupil attendance days
7		left in the school year, the eligibility determination shall
8		be made and the IEP meeting shall be completed prior to the
9		first day of the following school year. Special education and
10		related services must be provided in accordance with the
11		student's IEP no later than 10 school attendance days after
12		notice is provided to the parents pursuant to Section 300.503
13		of Title 34 of the Code of Federal Regulations and
14		implementing rules adopted by the State Board of Education.
15		The appropriate program pursuant to the individualized
16		educational program of students whose native tongue is a
17		language other than English shall reflect the special
18		education, cultural and linguistic needs. No later than
19		September 1, 1993, the State Board of Education shall
20		establish standards for the development, implementation and
21		monitoring of appropriate bilingual special individualized
22		educational programs. The State Board of Education shall
23		further incorporate appropriate monitoring procedures to
24		verify implementation of these standards. The district shall
25		indicate to the parent, the State Board of Education, and, if
26		applicable, the Department's Office of Education and

HB5501 Engrossed - 952 - LRB102 24698 AMC 33937 b
1		Transition Services the nature of the services the child will
2		receive for the regular school term while awaiting waiting
3		placement in the appropriate special education class. At the
4		child's initial IEP meeting and at each annual review meeting,
5		the child's IEP team shall provide the child's parent or
6		guardian and, if applicable, the Department's Office of
7		Education and Transition Services with a written notification
8		that informs the parent or guardian or the Department's Office
9		of Education and Transition Services that the IEP team is
10		required to consider whether the child requires assistive
11		technology in order to receive free, appropriate public
12		education. The notification must also include a toll-free
13		telephone number and internet address for the State's
14		assistive technology program.
15		If the child is deaf, hard of hearing, blind, or visually
16		impaired or has an orthopedic impairment or physical
17		disability and he or she might be eligible to receive services
18		from the Illinois School for the Deaf, the Illinois School for
19		the Visually Impaired, or the Illinois Center for
20		Rehabilitation and Education-Roosevelt, the school district
21		shall notify the parents, in writing, of the existence of
22		these schools and the services they provide and shall make a
23		reasonable effort to inform the parents of the existence of
24		other, local schools that provide similar services and the
25		services that these other schools provide. This notification
26		shall include without limitation information on school

HB5501 Engrossed - 953 - LRB102 24698 AMC 33937 b
1		services, school admissions criteria, and school contact
2		information.
3		In the development of the individualized education program
4		for a student who has a disability on the autism spectrum
5		(which includes autistic disorder, Asperger's disorder,
6		pervasive developmental disorder not otherwise specified,
7		childhood disintegrative disorder, and Rett Syndrome, as
8		defined in the Diagnostic and Statistical Manual of Mental
9		Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
10		consider all of the following factors:
11		(1) The verbal and nonverbal communication needs of
12		the child.
13		(2) The need to develop social interaction skills and
14		proficiencies.
15		(3) The needs resulting from the child's unusual
16		responses to sensory experiences.
17		(4) The needs resulting from resistance to
18		environmental change or change in daily routines.
19		(5) The needs resulting from engagement in repetitive
20		activities and stereotyped movements.
21		(6) The need for any positive behavioral
22		interventions, strategies, and supports to address any
23		behavioral difficulties resulting from autism spectrum
24		disorder.
25		(7) Other needs resulting from the child's disability
26		that impact progress in the general curriculum, including

HB5501 Engrossed - 954 - LRB102 24698 AMC 33937 b
1		social and emotional development.
2		Public Act 95-257 does not create any new entitlement to a
3		service, program, or benefit, but must not affect any
4		entitlement to a service, program, or benefit created by any
5		other law.
6		If the student may be eligible to participate in the
7		Home-Based Support Services Program for Adults with Mental
8		Disabilities authorized under the Developmental Disability and
9		Mental Disability Services Act upon becoming an adult, the
10		student's individualized education program shall include plans
11		for (i) determining the student's eligibility for those
12		home-based services, (ii) enrolling the student in the program
13		of home-based services, and (iii) developing a plan for the
14		student's most effective use of the home-based services after
15		the student becomes an adult and no longer receives special
16		educational services under this Article. The plans developed
17		under this paragraph shall include specific actions to be
18		taken by specified individuals, agencies, or officials.
19		(c) In the development of the individualized education
20		program for a student who is functionally blind, it shall be
21		presumed that proficiency in Braille reading and writing is
22		essential for the student's satisfactory educational progress.
23		For purposes of this subsection, the State Board of Education
24		shall determine the criteria for a student to be classified as
25		functionally blind. Students who are not currently identified
26		as functionally blind who are also entitled to Braille

HB5501 Engrossed - 955 - LRB102 24698 AMC 33937 b
1		instruction include: (i) those whose vision loss is so severe
2		that they are unable to read and write at a level comparable to
3		their peers solely through the use of vision, and (ii) those
4		who show evidence of progressive vision loss that may result
5		in functional blindness. Each student who is functionally
6		blind shall be entitled to Braille reading and writing
7		instruction that is sufficient to enable the student to
8		communicate with the same level of proficiency as other
9		students of comparable ability. Instruction should be provided
10		to the extent that the student is physically and cognitively
11		able to use Braille. Braille instruction may be used in
12		combination with other special education services appropriate
13		to the student's educational needs. The assessment of each
14		student who is functionally blind for the purpose of
15		developing the student's individualized education program
16		shall include documentation of the student's strengths and
17		weaknesses in Braille skills. Each person assisting in the
18		development of the individualized education program for a
19		student who is functionally blind shall receive information
20		describing the benefits of Braille instruction. The
21		individualized education program for each student who is
22		functionally blind shall specify the appropriate learning
23		medium or media based on the assessment report.
24		(d) To the maximum extent appropriate, the placement shall
25		provide the child with the opportunity to be educated with
26		children who do not have a disability; provided that children

HB5501 Engrossed - 956 - LRB102 24698 AMC 33937 b
1		with disabilities who are recommended to be placed into
2		regular education classrooms are provided with supplementary
3		services to assist the children with disabilities to benefit
4		from the regular classroom instruction and are included on the
5		teacher's regular education class register. Subject to the
6		limitation of the preceding sentence, placement in special
7		classes, separate schools or other removal of the child with a
8		disability from the regular educational environment shall
9		occur only when the nature of the severity of the disability is
10		such that education in the regular classes with the use of
11		supplementary aids and services cannot be achieved
12		satisfactorily. The placement of English learners with
13		disabilities shall be in non-restrictive environments which
14		provide for integration with peers who do not have
15		disabilities in bilingual classrooms. Annually, each January,
16		school districts shall report data on students from
17		non-English speaking backgrounds receiving special education
18		and related services in public and private facilities as
19		prescribed in Section 2-3.30. If there is a disagreement
20		between parties involved regarding the special education
21		placement of any child, either in-state or out-of-state, the
22		placement is subject to impartial due process procedures
23		described in Article 10 of the Rules and Regulations to Govern
24		the Administration and Operation of Special Education.
25		(e) No child who comes from a home in which a language
26		other than English is the principal language used may be

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1		assigned to any class or program under this Article until he
2		has been given, in the principal language used by the child and
3		used in his home, tests reasonably related to his cultural
4		environment. All testing and evaluation materials and
5		procedures utilized for evaluation and placement shall not be
6		linguistically, racially or culturally discriminatory.
7		(f) Nothing in this Article shall be construed to require
8		any child to undergo any physical examination or medical
9		treatment whose parents object thereto on the grounds that
10		such examination or treatment conflicts with his religious
11		beliefs.
12		(g) School boards or their designee shall provide to the
13		parents of a child or, if applicable, the Department of
14		Children and Family Services' Office of Education and
15		Transition Services prior written notice of any decision (a)
16		proposing to initiate or change, or (b) refusing to initiate
17		or change, the identification, evaluation, or educational
18		placement of the child or the provision of a free appropriate
19		public education to their child, and the reasons therefor. For
20		a parent, such written notification shall also inform the
21		parent of the opportunity to present complaints with respect
22		to any matter relating to the educational placement of the
23		student, or the provision of a free appropriate public
24		education and to have an impartial due process hearing on the
25		complaint. The notice shall inform the parents in the parents'
26		native language, unless it is clearly not feasible to do so, of

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1		their rights and all procedures available pursuant to this Act
2		and the federal Individuals with Disabilities Education
3		Improvement Act of 2004 (Public Law 108-446); it shall be the
4		responsibility of the State Superintendent to develop uniform
5		notices setting forth the procedures available under this Act
6		and the federal Individuals with Disabilities Education
7		Improvement Act of 2004 (Public Law 108-446) to be used by all
8		school boards. The notice shall also inform the parents of the
9		availability upon request of a list of free or low-cost legal
10		and other relevant services available locally to assist
11		parents in initiating an impartial due process hearing. The
12		State Superintendent shall revise the uniform notices required
13		by this subsection (g) to reflect current law and procedures
14		at least once every 2 years. Any parent who is deaf, or does
15		not normally communicate using spoken English, who
16		participates in a meeting with a representative of a local
17		educational agency for the purposes of developing an
18		individualized educational program shall be entitled to the
19		services of an interpreter. The State Board of Education must
20		adopt rules to establish the criteria, standards, and
21		competencies for a bilingual language interpreter who attends
22		an individualized education program meeting under this
23		subsection to assist a parent who has limited English
24		proficiency.
25		(g-5) For purposes of this subsection (g-5), "qualified
26		professional" means an individual who holds credentials to

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1		evaluate the child in the domain or domains for which an
2		evaluation is sought or an intern working under the direct
3		supervision of a qualified professional, including a master's
4		or doctoral degree candidate.
5		To ensure that a parent can participate fully and
6		effectively with school personnel in the development of
7		appropriate educational and related services for his or her
8		child, the parent, an independent educational evaluator, or a
9		qualified professional retained by or on behalf of a parent or
10		child must be afforded reasonable access to educational
11		facilities, personnel, classrooms, and buildings and to the
12		child as provided in this subsection (g-5). The requirements
13		of this subsection (g-5) apply to any public school facility,
14		building, or program and to any facility, building, or program
15		supported in whole or in part by public funds. Prior to
16		visiting a school, school building, or school facility, the
17		parent, independent educational evaluator, or qualified
18		professional may be required by the school district to inform
19		the building principal or supervisor in writing of the
20		proposed visit, the purpose of the visit, and the approximate
21		duration of the visit. The visitor and the school district
22		shall arrange the visit or visits at times that are mutually
23		agreeable. Visitors shall comply with school safety, security,
24		and visitation policies at all times. School district
25		visitation policies must not conflict with this subsection
26		(g-5). Visitors shall be required to comply with the

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1		requirements of applicable privacy laws, including those laws
2		protecting the confidentiality of education records such as
3		the federal Family Educational Rights and Privacy Act and the
4		Illinois School Student Records Act. The visitor shall not
5		disrupt the educational process.
6		(1) A parent must be afforded reasonable access of
7		sufficient duration and scope for the purpose of observing
8		his or her child in the child's current educational
9		placement, services, or program or for the purpose of
10		visiting an educational placement or program proposed for
11		the child.
12		(2) An independent educational evaluator or a
13		qualified professional retained by or on behalf of a
14		parent or child must be afforded reasonable access of
15		sufficient duration and scope for the purpose of
16		conducting an evaluation of the child, the child's
17		performance, the child's current educational program,
18		placement, services, or environment, or any educational
19		program, placement, services, or environment proposed for
20		the child, including interviews of educational personnel,
21		child observations, assessments, tests or assessments of
22		the child's educational program, services, or placement or
23		of any proposed educational program, services, or
24		placement. If one or more interviews of school personnel
25		are part of the evaluation, the interviews must be
26		conducted at a mutually agreed upon time, date, and place

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1		that do not interfere with the school employee's school
2		duties. The school district may limit interviews to
3		personnel having information relevant to the child's
4		current educational services, program, or placement or to
5		a proposed educational service, program, or placement.
6		(Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22;
7		102-264, eff. 8-6-21; 102-558, eff. 8-20-21; revised
8		10-14-21.)
9		(105 ILCS 5/14-17)
10		(Section scheduled to be repealed on December 31, 2022)
11		Sec. 14-17. High-Cost Special Education Funding
12		Commission.
13		(a) The High-Cost Special Education Funding Commission is
14		created for the purpose of making recommendations to the
15		Governor and the General Assembly for an alternative funding
16		structure in this State for high-cost special education
17		students that is aligned to the principles of the
18		evidence-based funding formula in Section 18-8.15 in which
19		school districts furthest away from adequacy receive the
20		greatest amount of funding.
21		(b) The Commission shall consist of all of the following
22		members:
23		(1) One representative appointed by the Speaker of the
24		House of Representatives, who shall serve as
25		co-chairperson.

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1		(2) One representative appointed by the Minority
2		Leader of the House of Representatives.
3		(3) One senator appointed by the President of the
4		Senate, who shall serve as co-chairperson.
5		(4) One senator appointed by the Minority Leader of
6		the Senate.
7		(5) The State Superintendent of Education or a
8		designee.
9		(6) The Director of the Governor's Office of
10		Management and Budget or a designee.
11		(7) The Chairperson of the Advisory Council on the
12		Education of Children with Disabilities or a designee.
13		Additionally, within 60 days after July 23, 2021 (the
14		effective date of Public Act 102-150) this amendatory Act of
15		the 102nd General Assembly, the State Superintendent of
16		Education shall appoint all of the following individuals to
17		the Commission:
18		(A) One representative of a statewide association that
19		represents private special education schools.
20		(B) One representative of a statewide association that
21		represents special education cooperatives.
22		(C) One educator from a special education cooperative,
23		recommended by a statewide association that represents
24		teachers.
25		(D) One educator from a special education cooperative
26		that is not a member district of a special education

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1		cooperative, recommended by a different statewide
2		association that represents teachers.
3		(E) One educator or administrator from a nonpublic
4		special education school.
5		(F) One representative of a statewide association that
6		represents school administrators.
7		(G) One representative of a statewide association that
8		represents school business officials.
9		(H) One representative of a statewide association that
10		represents private special education schools in rural
11		school districts.
12		(I) One representative from a residential program.
13		Members appointed to the Commission must reflect the
14		racial, ethnic, and geographic diversity of this State.
15		(c) Members of the Commission shall serve without
16		compensation, but may be reimbursed for their reasonable and
17		necessary expenses from funds appropriated to the State Board
18		of Education for that purpose.
19		(d) The State Board of Education shall provide
20		administrative support to the Commission.
21		(e) To ensure that high-quality services are provided to
22		ensure equitable outcomes for high-cost special education
23		students, the Commission shall do all the following:
24		(1) Review the current system of funding high-cost
25		special education students in this State.
26		(2) Review the needs of high-cost special education

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1		students in this State and the associated costs to ensure
2		high-quality services are provided to these students.
3		(3) Review how other states fund high-cost special
4		education students.
5		(4) If available, review other proposals and best
6		practices for funding high-cost special education
7		students.
8		(f) On or before November 30, 2021, the Commission shall
9		report its recommendations to the Governor and the General
10		Assembly.
11		(g) This Section is repealed on December 31, 2022.
12		(Source: P.A. 102-150, eff. 7-23-21; revised 11-9-21.)
13		(105 ILCS 5/14-18)
14		Sec. 14-18 14-17. COVID-19 recovery post-secondary
15		transition recovery eligibility.
16		(a) If a student with an individualized education program
17		(IEP) reaches the age of 22 during the time in which the
18		student's in-person instruction, services, or activities are
19		suspended for a period of 3 months or more during the school
20		year as a result of the COVID-19 pandemic, the student is
21		eligible for such services up to the end of the regular
22		2021-2022 school year.
23		(b) This Section does not apply to any student who is no
24		longer a resident of the school district that was responsible
25		for the student's IEP at the time the student reached the

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1		student's 22nd birthday.
2		(c) The IEP goals in effect when the student reached the
3		student's 22nd birthday shall be resumed unless there is an
4		agreement that the goals should be revised to appropriately
5		meet the student's current transition needs.
6		(d) If a student was in a private therapeutic day or
7		residential program when the student reached the student's
8		22nd birthday, the school district is not required to resume
9		that program for the student if the student has aged out of the
10		program or the funding for supporting the student's placement
11		in the facility is no longer available.
12		(e) Within 30 days after July 28, 2021 (the effective date
13		of Public Act 102-173) this amendatory Act of the 102nd
14		General Assembly, each school district shall provide
15		notification of the availability of services under this
16		Section to each student covered by this Section by regular
17		mail sent to the last known address of the student or the
18		student's parent or guardian.
19		(Source: P.A. 102-173, eff. 7-28-21; revised 11-9-21.)
20		(105 ILCS 5/18-8.15)
21		Sec. 18-8.15. Evidence-Based Funding for student success
22		for the 2017-2018 and subsequent school years.
23		(a) General provisions.
24		(1) The purpose of this Section is to ensure that, by
25		June 30, 2027 and beyond, this State has a kindergarten

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1		through grade 12 public education system with the capacity
2		to ensure the educational development of all persons to
3		the limits of their capacities in accordance with Section
4		1 of Article X of the Constitution of the State of
5		Illinois. To accomplish that objective, this Section
6		creates a method of funding public education that is
7		evidence-based; is sufficient to ensure every student
8		receives a meaningful opportunity to learn irrespective of
9		race, ethnicity, sexual orientation, gender, or
10		community-income level; and is sustainable and
11		predictable. When fully funded under this Section, every
12		school shall have the resources, based on what the
13		evidence indicates is needed, to:
14		(A) provide all students with a high quality
15		education that offers the academic, enrichment, social
16		and emotional support, technical, and career-focused
17		programs that will allow them to become competitive
18		workers, responsible parents, productive citizens of
19		this State, and active members of our national
20		democracy;
21		(B) ensure all students receive the education they
22		need to graduate from high school with the skills
23		required to pursue post-secondary education and
24		training for a rewarding career;
25		(C) reduce, with a goal of eliminating, the
26		achievement gap between at-risk and non-at-risk

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1		students by raising the performance of at-risk
2		students and not by reducing standards; and
3		(D) ensure this State satisfies its obligation to
4		assume the primary responsibility to fund public
5		education and simultaneously relieve the
6		disproportionate burden placed on local property taxes
7		to fund schools.
8		(2) The Evidence-Based Funding formula under this
9		Section shall be applied to all Organizational Units in
10		this State. The Evidence-Based Funding formula outlined in
11		this Act is based on the formula outlined in Senate Bill 1
12		of the 100th General Assembly, as passed by both
13		legislative chambers. As further defined and described in
14		this Section, there are 4 major components of the
15		Evidence-Based Funding model:
16		(A) First, the model calculates a unique Adequacy
17		Target for each Organizational Unit in this State that
18		considers the costs to implement research-based
19		activities, the unit's student demographics, and
20		regional wage differences.
21		(B) Second, the model calculates each
22		Organizational Unit's Local Capacity, or the amount
23		each Organizational Unit is assumed to contribute
24		toward its Adequacy Target from local resources.
25		(C) Third, the model calculates how much funding
26		the State currently contributes to the Organizational

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1		Unit and adds that to the unit's Local Capacity to
2		determine the unit's overall current adequacy of
3		funding.
4		(D) Finally, the model's distribution method
5		allocates new State funding to those Organizational
6		Units that are least well-funded, considering both
7		Local Capacity and State funding, in relation to their
8		Adequacy Target.
9		(3) An Organizational Unit receiving any funding under
10		this Section may apply those funds to any fund so received
11		for which that Organizational Unit is authorized to make
12		expenditures by law.
13		(4) As used in this Section, the following terms shall
14		have the meanings ascribed in this paragraph (4):
15		"Adequacy Target" is defined in paragraph (1) of
16		subsection (b) of this Section.
17		"Adjusted EAV" is defined in paragraph (4) of
18		subsection (d) of this Section.
19		"Adjusted Local Capacity Target" is defined in
20		paragraph (3) of subsection (c) of this Section.
21		"Adjusted Operating Tax Rate" means a tax rate for all
22		Organizational Units, for which the State Superintendent
23		shall calculate and subtract for the Operating Tax Rate a
24		transportation rate based on total expenses for
25		transportation services under this Code, as reported on
26		the most recent Annual Financial Report in Pupil

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1		Transportation Services, function 2550 in both the
2		Education and Transportation funds and functions 4110 and
3		4120 in the Transportation fund, less any corresponding
4		fiscal year State of Illinois scheduled payments excluding
5		net adjustments for prior years for regular, vocational,
6		or special education transportation reimbursement pursuant
7		to Section 29-5 or subsection (b) of Section 14-13.01 of
8		this Code divided by the Adjusted EAV. If an
9		Organizational Unit's corresponding fiscal year State of
10		Illinois scheduled payments excluding net adjustments for
11		prior years for regular, vocational, or special education
12		transportation reimbursement pursuant to Section 29-5 or
13		subsection (b) of Section 14-13.01 of this Code exceed the
14		total transportation expenses, as defined in this
15		paragraph, no transportation rate shall be subtracted from
16		the Operating Tax Rate.
17		"Allocation Rate" is defined in paragraph (3) of
18		subsection (g) of this Section.
19		"Alternative School" means a public school that is
20		created and operated by a regional superintendent of
21		schools and approved by the State Board.
22		"Applicable Tax Rate" is defined in paragraph (1) of
23		subsection (d) of this Section.
24		"Assessment" means any of those benchmark, progress
25		monitoring, formative, diagnostic, and other assessments,
26		in addition to the State accountability assessment, that

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1		assist teachers' needs in understanding the skills and
2		meeting the needs of the students they serve.
3		"Assistant principal" means a school administrator
4		duly endorsed to be employed as an assistant principal in
5		this State.
6		"At-risk student" means a student who is at risk of
7		not meeting the Illinois Learning Standards or not
8		graduating from elementary or high school and who
9		demonstrates a need for vocational support or social
10		services beyond that provided by the regular school
11		program. All students included in an Organizational Unit's
12		Low-Income Count, as well as all English learner and
13		disabled students attending the Organizational Unit, shall
14		be considered at-risk students under this Section.
15		"Average Student Enrollment" or "ASE" for fiscal year
16		2018 means, for an Organizational Unit, the greater of the
17		average number of students (grades K through 12) reported
18		to the State Board as enrolled in the Organizational Unit
19		on October 1 in the immediately preceding school year,
20		plus the pre-kindergarten students who receive special
21		education services of 2 or more hours a day as reported to
22		the State Board on December 1 in the immediately preceding
23		school year, or the average number of students (grades K
24		through 12) reported to the State Board as enrolled in the
25		Organizational Unit on October 1, plus the
26		pre-kindergarten students who receive special education

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1		services of 2 or more hours a day as reported to the State
2		Board on December 1, for each of the immediately preceding
3		3 school years. For fiscal year 2019 and each subsequent
4		fiscal year, "Average Student Enrollment" or "ASE" means,
5		for an Organizational Unit, the greater of the average
6		number of students (grades K through 12) reported to the
7		State Board as enrolled in the Organizational Unit on
8		October 1 and March 1 in the immediately preceding school
9		year, plus the pre-kindergarten students who receive
10		special education services as reported to the State Board
11		on October 1 and March 1 in the immediately preceding
12		school year, or the average number of students (grades K
13		through 12) reported to the State Board as enrolled in the
14		Organizational Unit on October 1 and March 1, plus the
15		pre-kindergarten students who receive special education
16		services as reported to the State Board on October 1 and
17		March 1, for each of the immediately preceding 3 school
18		years. For the purposes of this definition, "enrolled in
19		the Organizational Unit" means the number of students
20		reported to the State Board who are enrolled in schools
21		within the Organizational Unit that the student attends or
22		would attend if not placed or transferred to another
23		school or program to receive needed services. For the
24		purposes of calculating "ASE", all students, grades K
25		through 12, excluding those attending kindergarten for a
26		half day and students attending an alternative education

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1		program operated by a regional office of education or
2		intermediate service center, shall be counted as 1.0. All
3		students attending kindergarten for a half day shall be
4		counted as 0.5, unless in 2017 by June 15 or by March 1 in
5		subsequent years, the school district reports to the State
6		Board of Education the intent to implement full-day
7		kindergarten district-wide for all students, then all
8		students attending kindergarten shall be counted as 1.0.
9		Special education pre-kindergarten students shall be
10		counted as 0.5 each. If the State Board does not collect or
11		has not collected both an October 1 and March 1 enrollment
12		count by grade or a December 1 collection of special
13		education pre-kindergarten students as of August 31, 2017
14		(the effective date of Public Act 100-465), it shall
15		establish such collection for all future years. For any
16		year in which a count by grade level was collected only
17		once, that count shall be used as the single count
18		available for computing a 3-year average ASE. Funding for
19		programs operated by a regional office of education or an
20		intermediate service center must be calculated using the
21		Evidence-Based Funding formula under this Section for the
22		2019-2020 school year and each subsequent school year
23		until separate adequacy formulas are developed and adopted
24		for each type of program. ASE for a program operated by a
25		regional office of education or an intermediate service
26		center must be determined by the March 1 enrollment for

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1		the program. For the 2019-2020 school year, the ASE used
2		in the calculation must be the first-year ASE and, in that
3		year only, the assignment of students served by a regional
4		office of education or intermediate service center shall
5		not result in a reduction of the March enrollment for any
6		school district. For the 2020-2021 school year, the ASE
7		must be the greater of the current-year ASE or the 2-year
8		average ASE. Beginning with the 2021-2022 school year, the
9		ASE must be the greater of the current-year ASE or the
10		3-year average ASE. School districts shall submit the data
11		for the ASE calculation to the State Board within 45 days
12		of the dates required in this Section for submission of
13		enrollment data in order for it to be included in the ASE
14		calculation. For fiscal year 2018 only, the ASE
15		calculation shall include only enrollment taken on October
16		1. In recognition of the impact of COVID-19, the
17		definition of "Average Student Enrollment" or "ASE" shall
18		be adjusted for calculations under this Section for fiscal
19		years 2022 through 2024. For fiscal years 2022 through
20		2024, the enrollment used in the calculation of ASE
21		representing the 2020-2021 school year shall be the
22		greater of the enrollment for the 2020-2021 school year or
23		the 2019-2020 school year.
24		"Base Funding Guarantee" is defined in paragraph (10)
25		of subsection (g) of this Section.
26		"Base Funding Minimum" is defined in subsection (e) of

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1		this Section.
2		"Base Tax Year" means the property tax levy year used
3		to calculate the Budget Year allocation of primary State
4		aid.
5		"Base Tax Year's Extension" means the product of the
6		equalized assessed valuation utilized by the county clerk
7		in the Base Tax Year multiplied by the limiting rate as
8		calculated by the county clerk and defined in PTELL.
9		"Bilingual Education Allocation" means the amount of
10		an Organizational Unit's final Adequacy Target
11		attributable to bilingual education divided by the
12		Organizational Unit's final Adequacy Target, the product
13		of which shall be multiplied by the amount of new funding
14		received pursuant to this Section. An Organizational
15		Unit's final Adequacy Target attributable to bilingual
16		education shall include all additional investments in
17		English learner students' adequacy elements.
18		"Budget Year" means the school year for which primary
19		State aid is calculated and awarded under this Section.
20		"Central office" means individual administrators and
21		support service personnel charged with managing the
22		instructional programs, business and operations, and
23		security of the Organizational Unit.
24		"Comparable Wage Index" or "CWI" means a regional cost
25		differentiation metric that measures systemic, regional
26		variations in the salaries of college graduates who are

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1		not educators. The CWI utilized for this Section shall,
2		for the first 3 years of Evidence-Based Funding
3		implementation, be the CWI initially developed by the
4		National Center for Education Statistics, as most recently
5		updated by Texas A & M University. In the fourth and
6		subsequent years of Evidence-Based Funding implementation,
7		the State Superintendent shall re-determine the CWI using
8		a similar methodology to that identified in the Texas A & M
9		University study, with adjustments made no less frequently
10		than once every 5 years.
11		"Computer technology and equipment" means computers
12		servers, notebooks, network equipment, copiers, printers,
13		instructional software, security software, curriculum
14		management courseware, and other similar materials and
15		equipment.
16		"Computer technology and equipment investment
17		allocation" means the final Adequacy Target amount of an
18		Organizational Unit assigned to Tier 1 or Tier 2 in the
19		prior school year attributable to the additional $285.50
20		per student computer technology and equipment investment
21		grant divided by the Organizational Unit's final Adequacy
22		Target, the result of which shall be multiplied by the
23		amount of new funding received pursuant to this Section.
24		An Organizational Unit assigned to a Tier 1 or Tier 2 final
25		Adequacy Target attributable to the received computer
26		technology and equipment investment grant shall include

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1		all additional investments in computer technology and
2		equipment adequacy elements.
3		"Core subject" means mathematics; science; reading,
4		English, writing, and language arts; history and social
5		studies; world languages; and subjects taught as Advanced
6		Placement in high schools.
7		"Core teacher" means a regular classroom teacher in
8		elementary schools and teachers of a core subject in
9		middle and high schools.
10		"Core Intervention teacher (tutor)" means a licensed
11		teacher providing one-on-one or small group tutoring to
12		students struggling to meet proficiency in core subjects.
13		"CPPRT" means corporate personal property replacement
14		tax funds paid to an Organizational Unit during the
15		calendar year one year before the calendar year in which a
16		school year begins, pursuant to "An Act in relation to the
17		abolition of ad valorem personal property tax and the
18		replacement of revenues lost thereby, and amending and
19		repealing certain Acts and parts of Acts in connection
20		therewith", certified August 14, 1979, as amended (Public
21		Act 81-1st S.S.-1).
22		"EAV" means equalized assessed valuation as defined in
23		paragraph (2) of subsection (d) of this Section and
24		calculated in accordance with paragraph (3) of subsection
25		(d) of this Section.
26		"ECI" means the Bureau of Labor Statistics' national

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1		employment cost index for civilian workers in educational
2		services in elementary and secondary schools on a
3		cumulative basis for the 12-month calendar year preceding
4		the fiscal year of the Evidence-Based Funding calculation.
5		"EIS Data" means the employment information system
6		data maintained by the State Board on educators within
7		Organizational Units.
8		"Employee benefits" means health, dental, and vision
9		insurance offered to employees of an Organizational Unit,
10		the costs associated with the statutorily required payment
11		of the normal cost of the Organizational Unit's teacher
12		pensions, Social Security employer contributions, and
13		Illinois Municipal Retirement Fund employer contributions.
14		"English learner" or "EL" means a child included in
15		the definition of "English learners" under Section 14C-2
16		of this Code participating in a program of transitional
17		bilingual education or a transitional program of
18		instruction meeting the requirements and program
19		application procedures of Article 14C of this Code. For
20		the purposes of collecting the number of EL students
21		enrolled, the same collection and calculation methodology
22		as defined above for "ASE" shall apply to English
23		learners, with the exception that EL student enrollment
24		shall include students in grades pre-kindergarten through
25		12.
26		"Essential Elements" means those elements, resources,

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1		and educational programs that have been identified through
2		academic research as necessary to improve student success,
3		improve academic performance, close achievement gaps, and
4		provide for other per student costs related to the
5		delivery and leadership of the Organizational Unit, as
6		well as the maintenance and operations of the unit, and
7		which are specified in paragraph (2) of subsection (b) of
8		this Section.
9		"Evidence-Based Funding" means State funding provided
10		to an Organizational Unit pursuant to this Section.
11		"Extended day" means academic and enrichment programs
12		provided to students outside the regular school day before
13		and after school or during non-instructional times during
14		the school day.
15		"Extension Limitation Ratio" means a numerical ratio
16		in which the numerator is the Base Tax Year's Extension
17		and the denominator is the Preceding Tax Year's Extension.
18		"Final Percent of Adequacy" is defined in paragraph
19		(4) of subsection (f) of this Section.
20		"Final Resources" is defined in paragraph (3) of
21		subsection (f) of this Section.
22		"Full-time equivalent" or "FTE" means the full-time
23		equivalency compensation for staffing the relevant
24		position at an Organizational Unit.
25		"Funding Gap" is defined in paragraph (1) of
26		subsection (g).

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1		"Hybrid District" means a partial elementary unit
2		district created pursuant to Article 11E of this Code.
3		"Instructional assistant" means a core or special
4		education, non-licensed employee who assists a teacher in
5		the classroom and provides academic support to students.
6		"Instructional facilitator" means a qualified teacher
7		or licensed teacher leader who facilitates and coaches
8		continuous improvement in classroom instruction; provides
9		instructional support to teachers in the elements of
10		research-based instruction or demonstrates the alignment
11		of instruction with curriculum standards and assessment
12		tools; develops or coordinates instructional programs or
13		strategies; develops and implements training; chooses
14		standards-based instructional materials; provides
15		teachers with an understanding of current research; serves
16		as a mentor, site coach, curriculum specialist, or lead
17		teacher; or otherwise works with fellow teachers, in
18		collaboration, to use data to improve instructional
19		practice or develop model lessons.
20		"Instructional materials" means relevant
21		instructional materials for student instruction,
22		including, but not limited to, textbooks, consumable
23		workbooks, laboratory equipment, library books, and other
24		similar materials.
25		"Laboratory School" means a public school that is
26		created and operated by a public university and approved

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1		by the State Board.
2		"Librarian" means a teacher with an endorsement as a
3		library information specialist or another individual whose
4		primary responsibility is overseeing library resources
5		within an Organizational Unit.
6		"Limiting rate for Hybrid Districts" means the
7		combined elementary school and high school limiting rates.
8		"Local Capacity" is defined in paragraph (1) of
9		subsection (c) of this Section.
10		"Local Capacity Percentage" is defined in subparagraph
11		(A) of paragraph (2) of subsection (c) of this Section.
12		"Local Capacity Ratio" is defined in subparagraph (B)
13		of paragraph (2) of subsection (c) of this Section.
14		"Local Capacity Target" is defined in paragraph (2) of
15		subsection (c) of this Section.
16		"Low-Income Count" means, for an Organizational Unit
17		in a fiscal year, the higher of the average number of
18		students for the prior school year or the immediately
19		preceding 3 school years who, as of July 1 of the
20		immediately preceding fiscal year (as determined by the
21		Department of Human Services), are eligible for at least
22		one of the following low-income programs: Medicaid, the
23		Children's Health Insurance Program, Temporary Assistance
24		for Needy Families (TANF), or the Supplemental Nutrition
25		Assistance Program, excluding pupils who are eligible for
26		services provided by the Department of Children and Family

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1		Services. Until such time that grade level low-income
2		populations become available, grade level low-income
3		populations shall be determined by applying the low-income
4		percentage to total student enrollments by grade level.
5		The low-income percentage is determined by dividing the
6		Low-Income Count by the Average Student Enrollment. The
7		low-income percentage for programs operated by a regional
8		office of education or an intermediate service center must
9		be set to the weighted average of the low-income
10		percentages of all of the school districts in the service
11		region. The weighted low-income percentage is the result
12		of multiplying the low-income percentage of each school
13		district served by the regional office of education or
14		intermediate service center by each school district's
15		Average Student Enrollment, summarizing those products and
16		dividing the total by the total Average Student Enrollment
17		for the service region.
18		"Maintenance and operations" means custodial services,
19		facility and ground maintenance, facility operations,
20		facility security, routine facility repairs, and other
21		similar services and functions.
22		"Minimum Funding Level" is defined in paragraph (9) of
23		subsection (g) of this Section.
24		"New Property Tax Relief Pool Funds" means, for any
25		given fiscal year, all State funds appropriated under
26		Section 2-3.170 of this Code.

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1		"New State Funds" means, for a given school year, all
2		State funds appropriated for Evidence-Based Funding in
3		excess of the amount needed to fund the Base Funding
4		Minimum for all Organizational Units in that school year.
5		"Net State Contribution Target" means, for a given
6		school year, the amount of State funds that would be
7		necessary to fully meet the Adequacy Target of an
8		Operational Unit minus the Preliminary Resources available
9		to each unit.
10		"Nurse" means an individual licensed as a certified
11		school nurse, in accordance with the rules established for
12		nursing services by the State Board, who is an employee of
13		and is available to provide health care-related services
14		for students of an Organizational Unit.
15		"Operating Tax Rate" means the rate utilized in the
16		previous year to extend property taxes for all purposes,
17		except Bond and Interest, Summer School, Rent, Capital
18		Improvement, and Vocational Education Building purposes.
19		For Hybrid Districts, the Operating Tax Rate shall be the
20		combined elementary and high school rates utilized in the
21		previous year to extend property taxes for all purposes,
22		except Bond and Interest, Summer School, Rent, Capital
23		Improvement, and Vocational Education Building purposes.
24		"Organizational Unit" means a Laboratory School or any
25		public school district that is recognized as such by the
26		State Board and that contains elementary schools typically

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1		serving kindergarten through 5th grades, middle schools
2		typically serving 6th through 8th grades, high schools
3		typically serving 9th through 12th grades, a program
4		established under Section 2-3.66 or 2-3.41, or a program
5		operated by a regional office of education or an
6		intermediate service center under Article 13A or 13B. The
7		General Assembly acknowledges that the actual grade levels
8		served by a particular Organizational Unit may vary
9		slightly from what is typical.
10		"Organizational Unit CWI" is determined by calculating
11		the CWI in the region and original county in which an
12		Organizational Unit's primary administrative office is
13		located as set forth in this paragraph, provided that if
14		the Organizational Unit CWI as calculated in accordance
15		with this paragraph is less than 0.9, the Organizational
16		Unit CWI shall be increased to 0.9. Each county's current
17		CWI value shall be adjusted based on the CWI value of that
18		county's neighboring Illinois counties, to create a
19		"weighted adjusted index value". This shall be calculated
20		by summing the CWI values of all of a county's adjacent
21		Illinois counties and dividing by the number of adjacent
22		Illinois counties, then taking the weighted value of the
23		original county's CWI value and the adjacent Illinois
24		county average. To calculate this weighted value, if the
25		number of adjacent Illinois counties is greater than 2,
26		the original county's CWI value will be weighted at 0.25

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1		and the adjacent Illinois county average will be weighted
2		at 0.75. If the number of adjacent Illinois counties is 2,
3		the original county's CWI value will be weighted at 0.33
4		and the adjacent Illinois county average will be weighted
5		at 0.66. The greater of the county's current CWI value and
6		its weighted adjusted index value shall be used as the
7		Organizational Unit CWI.
8		"Preceding Tax Year" means the property tax levy year
9		immediately preceding the Base Tax Year.
10		"Preceding Tax Year's Extension" means the product of
11		the equalized assessed valuation utilized by the county
12		clerk in the Preceding Tax Year multiplied by the
13		Operating Tax Rate.
14		"Preliminary Percent of Adequacy" is defined in
15		paragraph (2) of subsection (f) of this Section.
16		"Preliminary Resources" is defined in paragraph (2) of
17		subsection (f) of this Section.
18		"Principal" means a school administrator duly endorsed
19		to be employed as a principal in this State.
20		"Professional development" means training programs for
21		licensed staff in schools, including, but not limited to,
22		programs that assist in implementing new curriculum
23		programs, provide data focused or academic assessment data
24		training to help staff identify a student's weaknesses and
25		strengths, target interventions, improve instruction,
26		encompass instructional strategies for English learner,

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1		gifted, or at-risk students, address inclusivity, cultural
2		sensitivity, or implicit bias, or otherwise provide
3		professional support for licensed staff.
4		"Prototypical" means 450 special education
5		pre-kindergarten and kindergarten through grade 5 students
6		for an elementary school, 450 grade 6 through 8 students
7		for a middle school, and 600 grade 9 through 12 students
8		for a high school.
9		"PTELL" means the Property Tax Extension Limitation
10		Law.
11		"PTELL EAV" is defined in paragraph (4) of subsection
12		(d) of this Section.
13		"Pupil support staff" means a nurse, psychologist,
14		social worker, family liaison personnel, or other staff
15		member who provides support to at-risk or struggling
16		students.
17		"Real Receipts" is defined in paragraph (1) of
18		subsection (d) of this Section.
19		"Regionalization Factor" means, for a particular
20		Organizational Unit, the figure derived by dividing the
21		Organizational Unit CWI by the Statewide Weighted CWI.
22		"School counselor" means a licensed school counselor
23		who provides guidance and counseling support for students
24		within an Organizational Unit.
25		"School site staff" means the primary school secretary
26		and any additional clerical personnel assigned to a

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1		school.
2		"Special education" means special educational
3		facilities and services, as defined in Section 14-1.08 of
4		this Code.
5		"Special Education Allocation" means the amount of an
6		Organizational Unit's final Adequacy Target attributable
7		to special education divided by the Organizational Unit's
8		final Adequacy Target, the product of which shall be
9		multiplied by the amount of new funding received pursuant
10		to this Section. An Organizational Unit's final Adequacy
11		Target attributable to special education shall include all
12		special education investment adequacy elements.
13		"Specialist teacher" means a teacher who provides
14		instruction in subject areas not included in core
15		subjects, including, but not limited to, art, music,
16		physical education, health, driver education,
17		career-technical education, and such other subject areas
18		as may be mandated by State law or provided by an
19		Organizational Unit.
20		"Specially Funded Unit" means an Alternative School,
21		safe school, Department of Juvenile Justice school,
22		special education cooperative or entity recognized by the
23		State Board as a special education cooperative,
24		State-approved charter school, or alternative learning
25		opportunities program that received direct funding from
26		the State Board during the 2016-2017 school year through

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1		any of the funding sources included within the calculation
2		of the Base Funding Minimum or Glenwood Academy.
3		"Supplemental Grant Funding" means supplemental
4		general State aid funding received by an Organizational
5		Unit during the 2016-2017 school year pursuant to
6		subsection (H) of Section 18-8.05 of this Code (now
7		repealed).
8		"State Adequacy Level" is the sum of the Adequacy
9		Targets of all Organizational Units.
10		"State Board" means the State Board of Education.
11		"State Superintendent" means the State Superintendent
12		of Education.
13		"Statewide Weighted CWI" means a figure determined by
14		multiplying each Organizational Unit CWI times the ASE for
15		that Organizational Unit creating a weighted value,
16		summing all Organizational Units' weighted values, and
17		dividing by the total ASE of all Organizational Units,
18		thereby creating an average weighted index.
19		"Student activities" means non-credit producing
20		after-school programs, including, but not limited to,
21		clubs, bands, sports, and other activities authorized by
22		the school board of the Organizational Unit.
23		"Substitute teacher" means an individual teacher or
24		teaching assistant who is employed by an Organizational
25		Unit and is temporarily serving the Organizational Unit on
26		a per diem or per period-assignment basis to replace

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1		another staff member.
2		"Summer school" means academic and enrichment programs
3		provided to students during the summer months outside of
4		the regular school year.
5		"Supervisory aide" means a non-licensed staff member
6		who helps in supervising students of an Organizational
7		Unit, but does so outside of the classroom, in situations
8		such as, but not limited to, monitoring hallways and
9		playgrounds, supervising lunchrooms, or supervising
10		students when being transported in buses serving the
11		Organizational Unit.
12		"Target Ratio" is defined in paragraph (4) of
13		subsection (g).
14		"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
15		in paragraph (3) of subsection (g).
16		"Tier 1 Aggregate Funding", "Tier 2 Aggregate
17		Funding", "Tier 3 Aggregate Funding", and "Tier 4
18		Aggregate Funding" are defined in paragraph (1) of
19		subsection (g).
20		(b) Adequacy Target calculation.
21		(1) Each Organizational Unit's Adequacy Target is the
22		sum of the Organizational Unit's cost of providing
23		Essential Elements, as calculated in accordance with this
24		subsection (b), with the salary amounts in the Essential
25		Elements multiplied by a Regionalization Factor calculated
26		pursuant to paragraph (3) of this subsection (b).

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1		(2) The Essential Elements are attributable on a pro
2		rata basis related to defined subgroups of the ASE of each
3		Organizational Unit as specified in this paragraph (2),
4		with investments and FTE positions pro rata funded based
5		on ASE counts in excess of or less than the thresholds set
6		forth in this paragraph (2). The method for calculating
7		attributable pro rata costs and the defined subgroups
8		thereto are as follows:
9		(A) Core class size investments. Each
10		Organizational Unit shall receive the funding required
11		to support that number of FTE core teacher positions
12		as is needed to keep the respective class sizes of the
13		Organizational Unit to the following maximum numbers:
14		(i) For grades kindergarten through 3, the
15		Organizational Unit shall receive funding required
16		to support one FTE core teacher position for every
17		15 Low-Income Count students in those grades and
18		one FTE core teacher position for every 20
19		non-Low-Income Count students in those grades.
20		(ii) For grades 4 through 12, the
21		Organizational Unit shall receive funding required
22		to support one FTE core teacher position for every
23		20 Low-Income Count students in those grades and
24		one FTE core teacher position for every 25
25		non-Low-Income Count students in those grades.
26		The number of non-Low-Income Count students in a

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1		grade shall be determined by subtracting the
2		Low-Income students in that grade from the ASE of the
3		Organizational Unit for that grade.
4		(B) Specialist teacher investments. Each
5		Organizational Unit shall receive the funding needed
6		to cover that number of FTE specialist teacher
7		positions that correspond to the following
8		percentages:
9		(i) if the Organizational Unit operates an
10		elementary or middle school, then 20.00% of the
11		number of the Organizational Unit's core teachers,
12		as determined under subparagraph (A) of this
13		paragraph (2); and
14		(ii) if such Organizational Unit operates a
15		high school, then 33.33% of the number of the
16		Organizational Unit's core teachers.
17		(C) Instructional facilitator investments. Each
18		Organizational Unit shall receive the funding needed
19		to cover one FTE instructional facilitator position
20		for every 200 combined ASE of pre-kindergarten
21		children with disabilities and all kindergarten
22		through grade 12 students of the Organizational Unit.
23		(D) Core intervention teacher (tutor) investments.
24		Each Organizational Unit shall receive the funding
25		needed to cover one FTE teacher position for each
26		prototypical elementary, middle, and high school.

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1		(E) Substitute teacher investments. Each
2		Organizational Unit shall receive the funding needed
3		to cover substitute teacher costs that is equal to
4		5.70% of the minimum pupil attendance days required
5		under Section 10-19 of this Code for all full-time
6		equivalent core, specialist, and intervention
7		teachers, school nurses, special education teachers
8		and instructional assistants, instructional
9		facilitators, and summer school and extended day
10		teacher positions, as determined under this paragraph
11		(2), at a salary rate of 33.33% of the average salary
12		for grade K through 12 teachers and 33.33% of the
13		average salary of each instructional assistant
14		position.
15		(F) Core school counselor investments. Each
16		Organizational Unit shall receive the funding needed
17		to cover one FTE school counselor for each 450
18		combined ASE of pre-kindergarten children with
19		disabilities and all kindergarten through grade 5
20		students, plus one FTE school counselor for each 250
21		grades 6 through 8 ASE middle school students, plus
22		one FTE school counselor for each 250 grades 9 through
23		12 ASE high school students.
24		(G) Nurse investments. Each Organizational Unit
25		shall receive the funding needed to cover one FTE
26		nurse for each 750 combined ASE of pre-kindergarten

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1		children with disabilities and all kindergarten
2		through grade 12 students across all grade levels it
3		serves.
4		(H) Supervisory aide investments. Each
5		Organizational Unit shall receive the funding needed
6		to cover one FTE for each 225 combined ASE of
7		pre-kindergarten children with disabilities and all
8		kindergarten through grade 5 students, plus one FTE
9		for each 225 ASE middle school students, plus one FTE
10		for each 200 ASE high school students.
11		(I) Librarian investments. Each Organizational
12		Unit shall receive the funding needed to cover one FTE
13		librarian for each prototypical elementary school,
14		middle school, and high school and one FTE aide or
15		media technician for every 300 combined ASE of
16		pre-kindergarten children with disabilities and all
17		kindergarten through grade 12 students.
18		(J) Principal investments. Each Organizational
19		Unit shall receive the funding needed to cover one FTE
20		principal position for each prototypical elementary
21		school, plus one FTE principal position for each
22		prototypical middle school, plus one FTE principal
23		position for each prototypical high school.
24		(K) Assistant principal investments. Each
25		Organizational Unit shall receive the funding needed
26		to cover one FTE assistant principal position for each

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1		prototypical elementary school, plus one FTE assistant
2		principal position for each prototypical middle
3		school, plus one FTE assistant principal position for
4		each prototypical high school.
5		(L) School site staff investments. Each
6		Organizational Unit shall receive the funding needed
7		for one FTE position for each 225 ASE of
8		pre-kindergarten children with disabilities and all
9		kindergarten through grade 5 students, plus one FTE
10		position for each 225 ASE middle school students, plus
11		one FTE position for each 200 ASE high school
12		students.
13		(M) Gifted investments. Each Organizational Unit
14		shall receive $40 per kindergarten through grade 12
15		ASE.
16		(N) Professional development investments. Each
17		Organizational Unit shall receive $125 per student of
18		the combined ASE of pre-kindergarten children with
19		disabilities and all kindergarten through grade 12
20		students for trainers and other professional
21		development-related expenses for supplies and
22		materials.
23		(O) Instructional material investments. Each
24		Organizational Unit shall receive $190 per student of
25		the combined ASE of pre-kindergarten children with
26		disabilities and all kindergarten through grade 12

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1		students to cover instructional material costs.
2		(P) Assessment investments. Each Organizational
3		Unit shall receive $25 per student of the combined ASE
4		of pre-kindergarten children with disabilities and all
5		kindergarten through grade 12 students to cover
6		assessment costs.
7		(Q) Computer technology and equipment investments.
8		Each Organizational Unit shall receive $285.50 per
9		student of the combined ASE of pre-kindergarten
10		children with disabilities and all kindergarten
11		through grade 12 students to cover computer technology
12		and equipment costs. For the 2018-2019 school year and
13		subsequent school years, Organizational Units assigned
14		to Tier 1 and Tier 2 in the prior school year shall
15		receive an additional $285.50 per student of the
16		combined ASE of pre-kindergarten children with
17		disabilities and all kindergarten through grade 12
18		students to cover computer technology and equipment
19		costs in the Organizational Unit's Adequacy Target.
20		The State Board may establish additional requirements
21		for Organizational Unit expenditures of funds received
22		pursuant to this subparagraph (Q), including a
23		requirement that funds received pursuant to this
24		subparagraph (Q) may be used only for serving the
25		technology needs of the district. It is the intent of
26		Public Act 100-465 that all Tier 1 and Tier 2 districts

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1		receive the addition to their Adequacy Target in the
2		following year, subject to compliance with the
3		requirements of the State Board.
4		(R) Student activities investments. Each
5		Organizational Unit shall receive the following
6		funding amounts to cover student activities: $100 per
7		kindergarten through grade 5 ASE student in elementary
8		school, plus $200 per ASE student in middle school,
9		plus $675 per ASE student in high school.
10		(S) Maintenance and operations investments. Each
11		Organizational Unit shall receive $1,038 per student
12		of the combined ASE of pre-kindergarten children with
13		disabilities and all kindergarten through grade 12
14		students for day-to-day maintenance and operations
15		expenditures, including salary, supplies, and
16		materials, as well as purchased services, but
17		excluding employee benefits. The proportion of salary
18		for the application of a Regionalization Factor and
19		the calculation of benefits is equal to $352.92.
20		(T) Central office investments. Each
21		Organizational Unit shall receive $742 per student of
22		the combined ASE of pre-kindergarten children with
23		disabilities and all kindergarten through grade 12
24		students to cover central office operations, including
25		administrators and classified personnel charged with
26		managing the instructional programs, business and

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1		operations of the school district, and security
2		personnel. The proportion of salary for the
3		application of a Regionalization Factor and the
4		calculation of benefits is equal to $368.48.
5		(U) Employee benefit investments. Each
6		Organizational Unit shall receive 30% of the total of
7		all salary-calculated elements of the Adequacy Target,
8		excluding substitute teachers and student activities
9		investments, to cover benefit costs. For central
10		office and maintenance and operations investments, the
11		benefit calculation shall be based upon the salary
12		proportion of each investment. If at any time the
13		responsibility for funding the employer normal cost of
14		teacher pensions is assigned to school districts, then
15		that amount certified by the Teachers' Retirement
16		System of the State of Illinois to be paid by the
17		Organizational Unit for the preceding school year
18		shall be added to the benefit investment. For any
19		fiscal year in which a school district organized under
20		Article 34 of this Code is responsible for paying the
21		employer normal cost of teacher pensions, then that
22		amount of its employer normal cost plus the amount for
23		retiree health insurance as certified by the Public
24		School Teachers' Pension and Retirement Fund of
25		Chicago to be paid by the school district for the
26		preceding school year that is statutorily required to

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1		cover employer normal costs and the amount for retiree
2		health insurance shall be added to the 30% specified
3		in this subparagraph (U). The Teachers' Retirement
4		System of the State of Illinois and the Public School
5		Teachers' Pension and Retirement Fund of Chicago shall
6		submit such information as the State Superintendent
7		may require for the calculations set forth in this
8		subparagraph (U).
9		(V) Additional investments in low-income students.
10		In addition to and not in lieu of all other funding
11		under this paragraph (2), each Organizational Unit
12		shall receive funding based on the average teacher
13		salary for grades K through 12 to cover the costs of:
14		(i) one FTE intervention teacher (tutor)
15		position for every 125 Low-Income Count students;
16		(ii) one FTE pupil support staff position for
17		every 125 Low-Income Count students;
18		(iii) one FTE extended day teacher position
19		for every 120 Low-Income Count students; and
20		(iv) one FTE summer school teacher position
21		for every 120 Low-Income Count students.
22		(W) Additional investments in English learner
23		students. In addition to and not in lieu of all other
24		funding under this paragraph (2), each Organizational
25		Unit shall receive funding based on the average
26		teacher salary for grades K through 12 to cover the

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1		costs of:
2		(i) one FTE intervention teacher (tutor)
3		position for every 125 English learner students;
4		(ii) one FTE pupil support staff position for
5		every 125 English learner students;
6		(iii) one FTE extended day teacher position
7		for every 120 English learner students;
8		(iv) one FTE summer school teacher position
9		for every 120 English learner students; and
10		(v) one FTE core teacher position for every
11		100 English learner students.
12		(X) Special education investments. Each
13		Organizational Unit shall receive funding based on the
14		average teacher salary for grades K through 12 to
15		cover special education as follows:
16		(i) one FTE teacher position for every 141
17		combined ASE of pre-kindergarten children with
18		disabilities and all kindergarten through grade 12
19		students;
20		(ii) one FTE instructional assistant for every
21		141 combined ASE of pre-kindergarten children with
22		disabilities and all kindergarten through grade 12
23		students; and
24		(iii) one FTE psychologist position for every
25		1,000 combined ASE of pre-kindergarten children
26		with disabilities and all kindergarten through

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1		grade 12 students.
2		(3) For calculating the salaries included within the
3		Essential Elements, the State Superintendent shall
4		annually calculate average salaries to the nearest dollar
5		using the employment information system data maintained by
6		the State Board, limited to public schools only and
7		excluding special education and vocational cooperatives,
8		schools operated by the Department of Juvenile Justice,
9		and charter schools, for the following positions:
10		(A) Teacher for grades K through 8.
11		(B) Teacher for grades 9 through 12.
12		(C) Teacher for grades K through 12.
13		(D) School counselor for grades K through 8.
14		(E) School counselor for grades 9 through 12.
15		(F) School counselor for grades K through 12.
16		(G) Social worker.
17		(H) Psychologist.
18		(I) Librarian.
19		(J) Nurse.
20		(K) Principal.
21		(L) Assistant principal.
22		For the purposes of this paragraph (3), "teacher"
23		includes core teachers, specialist and elective teachers,
24		instructional facilitators, tutors, special education
25		teachers, pupil support staff teachers, English learner
26		teachers, extended day teachers, and summer school

HB5501 Engrossed - 1000 - LRB102 24698 AMC 33937 b
1		teachers. Where specific grade data is not required for
2		the Essential Elements, the average salary for
3		corresponding positions shall apply. For substitute
4		teachers, the average teacher salary for grades K through
5		12 shall apply.
6		For calculating the salaries included within the
7		Essential Elements for positions not included within EIS
8		Data, the following salaries shall be used in the first
9		year of implementation of Evidence-Based Funding:
10		(i) school site staff, $30,000; and
11		(ii) non-instructional assistant, instructional
12		assistant, library aide, library media tech, or
13		supervisory aide: $25,000.
14		In the second and subsequent years of implementation
15		of Evidence-Based Funding, the amounts in items (i) and
16		(ii) of this paragraph (3) shall annually increase by the
17		ECI.
18		The salary amounts for the Essential Elements
19		determined pursuant to subparagraphs (A) through (L), (S)
20		and (T), and (V) through (X) of paragraph (2) of
21		subsection (b) of this Section shall be multiplied by a
22		Regionalization Factor.
23		(c) Local Capacity calculation.
24		(1) Each Organizational Unit's Local Capacity
25		represents an amount of funding it is assumed to
26		contribute toward its Adequacy Target for purposes of the

HB5501 Engrossed - 1001 - LRB102 24698 AMC 33937 b
1		Evidence-Based Funding formula calculation. "Local
2		Capacity" means either (i) the Organizational Unit's Local
3		Capacity Target as calculated in accordance with paragraph
4		(2) of this subsection (c) if its Real Receipts are equal
5		to or less than its Local Capacity Target or (ii) the
6		Organizational Unit's Adjusted Local Capacity, as
7		calculated in accordance with paragraph (3) of this
8		subsection (c) if Real Receipts are more than its Local
9		Capacity Target.
10		(2) "Local Capacity Target" means, for an
11		Organizational Unit, that dollar amount that is obtained
12		by multiplying its Adequacy Target by its Local Capacity
13		Ratio.
14		(A) An Organizational Unit's Local Capacity
15		Percentage is the conversion of the Organizational
16		Unit's Local Capacity Ratio, as such ratio is
17		determined in accordance with subparagraph (B) of this
18		paragraph (2), into a cumulative distribution
19		resulting in a percentile ranking to determine each
20		Organizational Unit's relative position to all other
21		Organizational Units in this State. The calculation of
22		Local Capacity Percentage is described in subparagraph
23		(C) of this paragraph (2).
24		(B) An Organizational Unit's Local Capacity Ratio
25		in a given year is the percentage obtained by dividing
26		its Adjusted EAV or PTELL EAV, whichever is less, by

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1		its Adequacy Target, with the resulting ratio further
2		adjusted as follows:
3		(i) for Organizational Units serving grades
4		kindergarten through 12 and Hybrid Districts, no
5		further adjustments shall be made;
6		(ii) for Organizational Units serving grades
7		kindergarten through 8, the ratio shall be
8		multiplied by 9/13;
9		(iii) for Organizational Units serving grades
10		9 through 12, the Local Capacity Ratio shall be
11		multiplied by 4/13; and
12		(iv) for an Organizational Unit with a
13		different grade configuration than those specified
14		in items (i) through (iii) of this subparagraph
15		(B), the State Superintendent shall determine a
16		comparable adjustment based on the grades served.
17		(C) The Local Capacity Percentage is equal to the
18		percentile ranking of the district. Local Capacity
19		Percentage converts each Organizational Unit's Local
20		Capacity Ratio to a cumulative distribution resulting
21		in a percentile ranking to determine each
22		Organizational Unit's relative position to all other
23		Organizational Units in this State. The Local Capacity
24		Percentage cumulative distribution resulting in a
25		percentile ranking for each Organizational Unit shall
26		be calculated using the standard normal distribution

HB5501 Engrossed - 1003 - LRB102 24698 AMC 33937 b
1		of the score in relation to the weighted mean and
2		weighted standard deviation and Local Capacity Ratios
3		of all Organizational Units. If the value assigned to
4		any Organizational Unit is in excess of 90%, the value
5		shall be adjusted to 90%. For Laboratory Schools, the
6		Local Capacity Percentage shall be set at 10% in
7		recognition of the absence of EAV and resources from
8		the public university that are allocated to the
9		Laboratory School. For programs operated by a regional
10		office of education or an intermediate service center,
11		the Local Capacity Percentage must be set at 10% in
12		recognition of the absence of EAV and resources from
13		school districts that are allocated to the regional
14		office of education or intermediate service center.
15		The weighted mean for the Local Capacity Percentage
16		shall be determined by multiplying each Organizational
17		Unit's Local Capacity Ratio times the ASE for the unit
18		creating a weighted value, summing the weighted values
19		of all Organizational Units, and dividing by the total
20		ASE of all Organizational Units. The weighted standard
21		deviation shall be determined by taking the square
22		root of the weighted variance of all Organizational
23		Units' Local Capacity Ratio, where the variance is
24		calculated by squaring the difference between each
25		unit's Local Capacity Ratio and the weighted mean,
26		then multiplying the variance for each unit times the

HB5501 Engrossed - 1004 - LRB102 24698 AMC 33937 b
1		ASE for the unit to create a weighted variance for each
2		unit, then summing all units' weighted variance and
3		dividing by the total ASE of all units.
4		(D) For any Organizational Unit, the
5		Organizational Unit's Adjusted Local Capacity Target
6		shall be reduced by either (i) the school board's
7		remaining contribution pursuant to paragraph (ii) of
8		subsection (b-4) of Section 16-158 of the Illinois
9		Pension Code in a given year or (ii) the board of
10		education's remaining contribution pursuant to
11		paragraph (iv) of subsection (b) of Section 17-129 of
12		the Illinois Pension Code absent the employer normal
13		cost portion of the required contribution and amount
14		allowed pursuant to subdivision (3) of Section
15		17-142.1 of the Illinois Pension Code in a given year.
16		In the preceding sentence, item (i) shall be certified
17		to the State Board of Education by the Teachers'
18		Retirement System of the State of Illinois and item
19		(ii) shall be certified to the State Board of
20		Education by the Public School Teachers' Pension and
21		Retirement Fund of the City of Chicago.
22		(3) If an Organizational Unit's Real Receipts are more
23		than its Local Capacity Target, then its Local Capacity
24		shall equal an Adjusted Local Capacity Target as
25		calculated in accordance with this paragraph (3). The
26		Adjusted Local Capacity Target is calculated as the sum of

HB5501 Engrossed - 1005 - LRB102 24698 AMC 33937 b
1		the Organizational Unit's Local Capacity Target and its
2		Real Receipts Adjustment. The Real Receipts Adjustment
3		equals the Organizational Unit's Real Receipts less its
4		Local Capacity Target, with the resulting figure
5		multiplied by the Local Capacity Percentage.
6		As used in this paragraph (3), "Real Percent of
7		Adequacy" means the sum of an Organizational Unit's Real
8		Receipts, CPPRT, and Base Funding Minimum, with the
9		resulting figure divided by the Organizational Unit's
10		Adequacy Target.
11		(d) Calculation of Real Receipts, EAV, and Adjusted EAV
12		for purposes of the Local Capacity calculation.
13		(1) An Organizational Unit's Real Receipts are the
14		product of its Applicable Tax Rate and its Adjusted EAV.
15		An Organizational Unit's Applicable Tax Rate is its
16		Adjusted Operating Tax Rate for property within the
17		Organizational Unit.
18		(2) The State Superintendent shall calculate the
19		equalized assessed valuation, or EAV, of all taxable
20		property of each Organizational Unit as of September 30 of
21		the previous year in accordance with paragraph (3) of this
22		subsection (d). The State Superintendent shall then
23		determine the Adjusted EAV of each Organizational Unit in
24		accordance with paragraph (4) of this subsection (d),
25		which Adjusted EAV figure shall be used for the purposes
26		of calculating Local Capacity.

HB5501 Engrossed - 1006 - LRB102 24698 AMC 33937 b
1		(3) To calculate Real Receipts and EAV, the Department
2		of Revenue shall supply to the State Superintendent the
3		value as equalized or assessed by the Department of
4		Revenue of all taxable property of every Organizational
5		Unit, together with (i) the applicable tax rate used in
6		extending taxes for the funds of the Organizational Unit
7		as of September 30 of the previous year and (ii) the
8		limiting rate for all Organizational Units subject to
9		property tax extension limitations as imposed under PTELL.
10		(A) The Department of Revenue shall add to the
11		equalized assessed value of all taxable property of
12		each Organizational Unit situated entirely or
13		partially within a county that is or was subject to the
14		provisions of Section 15-176 or 15-177 of the Property
15		Tax Code (i) an amount equal to the total amount by
16		which the homestead exemption allowed under Section
17		15-176 or 15-177 of the Property Tax Code for real
18		property situated in that Organizational Unit exceeds
19		the total amount that would have been allowed in that
20		Organizational Unit if the maximum reduction under
21		Section 15-176 was (I) $4,500 in Cook County or $3,500
22		in all other counties in tax year 2003 or (II) $5,000
23		in all counties in tax year 2004 and thereafter and
24		(ii) an amount equal to the aggregate amount for the
25		taxable year of all additional exemptions under
26		Section 15-175 of the Property Tax Code for owners

HB5501 Engrossed - 1007 - LRB102 24698 AMC 33937 b
1		with a household income of $30,000 or less. The county
2		clerk of any county that is or was subject to the
3		provisions of Section 15-176 or 15-177 of the Property
4		Tax Code shall annually calculate and certify to the
5		Department of Revenue for each Organizational Unit all
6		homestead exemption amounts under Section 15-176 or
7		15-177 of the Property Tax Code and all amounts of
8		additional exemptions under Section 15-175 of the
9		Property Tax Code for owners with a household income
10		of $30,000 or less. It is the intent of this
11		subparagraph (A) that if the general homestead
12		exemption for a parcel of property is determined under
13		Section 15-176 or 15-177 of the Property Tax Code
14		rather than Section 15-175, then the calculation of
15		EAV shall not be affected by the difference, if any,
16		between the amount of the general homestead exemption
17		allowed for that parcel of property under Section
18		15-176 or 15-177 of the Property Tax Code and the
19		amount that would have been allowed had the general
20		homestead exemption for that parcel of property been
21		determined under Section 15-175 of the Property Tax
22		Code. It is further the intent of this subparagraph
23		(A) that if additional exemptions are allowed under
24		Section 15-175 of the Property Tax Code for owners
25		with a household income of less than $30,000, then the
26		calculation of EAV shall not be affected by the

HB5501 Engrossed - 1008 - LRB102 24698 AMC 33937 b
1		difference, if any, because of those additional
2		exemptions.
3		(B) With respect to any part of an Organizational
4		Unit within a redevelopment project area in respect to
5		which a municipality has adopted tax increment
6		allocation financing pursuant to the Tax Increment
7		Allocation Redevelopment Act, Division 74.4 of Article
8		11 of the Illinois Municipal Code, or the Industrial
9		Jobs Recovery Law, Division 74.6 of Article 11 of the
10		Illinois Municipal Code, no part of the current EAV of
11		real property located in any such project area that is
12		attributable to an increase above the total initial
13		EAV of such property shall be used as part of the EAV
14		of the Organizational Unit, until such time as all
15		redevelopment project costs have been paid, as
16		provided in Section 11-74.4-8 of the Tax Increment
17		Allocation Redevelopment Act or in Section 11-74.6-35
18		of the Industrial Jobs Recovery Law. For the purpose
19		of the EAV of the Organizational Unit, the total
20		initial EAV or the current EAV, whichever is lower,
21		shall be used until such time as all redevelopment
22		project costs have been paid.
23		(B-5) The real property equalized assessed
24		valuation for a school district shall be adjusted by
25		subtracting from the real property value, as equalized
26		or assessed by the Department of Revenue, for the

HB5501 Engrossed - 1009 - LRB102 24698 AMC 33937 b
1		district an amount computed by dividing the amount of
2		any abatement of taxes under Section 18-170 of the
3		Property Tax Code by 3.00% for a district maintaining
4		grades kindergarten through 12, by 2.30% for a
5		district maintaining grades kindergarten through 8, or
6		by 1.05% for a district maintaining grades 9 through
7		12 and adjusted by an amount computed by dividing the
8		amount of any abatement of taxes under subsection (a)
9		of Section 18-165 of the Property Tax Code by the same
10		percentage rates for district type as specified in
11		this subparagraph (B-5).
12		(C) For Organizational Units that are Hybrid
13		Districts, the State Superintendent shall use the
14		lesser of the adjusted equalized assessed valuation
15		for property within the partial elementary unit
16		district for elementary purposes, as defined in
17		Article 11E of this Code, or the adjusted equalized
18		assessed valuation for property within the partial
19		elementary unit district for high school purposes, as
20		defined in Article 11E of this Code.
21		(4) An Organizational Unit's Adjusted EAV shall be the
22		average of its EAV over the immediately preceding 3 years
23		or its EAV in the immediately preceding year if the EAV in
24		the immediately preceding year has declined by 10% or more
25		compared to the 3-year average. In the event of
26		Organizational Unit reorganization, consolidation, or

HB5501 Engrossed - 1010 - LRB102 24698 AMC 33937 b
1		annexation, the Organizational Unit's Adjusted EAV for the
2		first 3 years after such change shall be as follows: the
3		most current EAV shall be used in the first year, the
4		average of a 2-year EAV or its EAV in the immediately
5		preceding year if the EAV declines by 10% or more compared
6		to the 2-year average for the second year, and a 3-year
7		average EAV or its EAV in the immediately preceding year
8		if the Adjusted EAV declines by 10% or more compared to the
9		3-year average for the third year. For any school district
10		whose EAV in the immediately preceding year is used in
11		calculations, in the following year, the Adjusted EAV
12		shall be the average of its EAV over the immediately
13		preceding 2 years or the immediately preceding year if
14		that year represents a decline of 10% or more compared to
15		the 2-year average.
16		"PTELL EAV" means a figure calculated by the State
17		Board for Organizational Units subject to PTELL as
18		described in this paragraph (4) for the purposes of
19		calculating an Organizational Unit's Local Capacity Ratio.
20		Except as otherwise provided in this paragraph (4), the
21		PTELL EAV of an Organizational Unit shall be equal to the
22		product of the equalized assessed valuation last used in
23		the calculation of general State aid under Section 18-8.05
24		of this Code (now repealed) or Evidence-Based Funding
25		under this Section and the Organizational Unit's Extension
26		Limitation Ratio. If an Organizational Unit has approved

HB5501 Engrossed - 1011 - LRB102 24698 AMC 33937 b
1		or does approve an increase in its limiting rate, pursuant
2		to Section 18-190 of the Property Tax Code, affecting the
3		Base Tax Year, the PTELL EAV shall be equal to the product
4		of the equalized assessed valuation last used in the
5		calculation of general State aid under Section 18-8.05 of
6		this Code (now repealed) or Evidence-Based Funding under
7		this Section multiplied by an amount equal to one plus the
8		percentage increase, if any, in the Consumer Price Index
9		for All Urban Consumers for all items published by the
10		United States Department of Labor for the 12-month
11		calendar year preceding the Base Tax Year, plus the
12		equalized assessed valuation of new property, annexed
13		property, and recovered tax increment value and minus the
14		equalized assessed valuation of disconnected property.
15		As used in this paragraph (4), "new property" and
16		"recovered tax increment value" shall have the meanings
17		set forth in the Property Tax Extension Limitation Law.
18		(e) Base Funding Minimum calculation.
19		(1) For the 2017-2018 school year, the Base Funding
20		Minimum of an Organizational Unit or a Specially Funded
21		Unit shall be the amount of State funds distributed to the
22		Organizational Unit or Specially Funded Unit during the
23		2016-2017 school year prior to any adjustments and
24		specified appropriation amounts described in this
25		paragraph (1) from the following Sections, as calculated
26		by the State Superintendent: Section 18-8.05 of this Code

HB5501 Engrossed - 1012 - LRB102 24698 AMC 33937 b
1		(now repealed); Section 5 of Article 224 of Public Act
2		99-524 (equity grants); Section 14-7.02b of this Code
3		(funding for children requiring special education
4		services); Section 14-13.01 of this Code (special
5		education facilities and staffing), except for
6		reimbursement of the cost of transportation pursuant to
7		Section 14-13.01; Section 14C-12 of this Code (English
8		learners); and Section 18-4.3 of this Code (summer
9		school), based on an appropriation level of $13,121,600.
10		For a school district organized under Article 34 of this
11		Code, the Base Funding Minimum also includes (i) the funds
12		allocated to the school district pursuant to Section 1D-1
13		of this Code attributable to funding programs authorized
14		by the Sections of this Code listed in the preceding
15		sentence and (ii) the difference between (I) the funds
16		allocated to the school district pursuant to Section 1D-1
17		of this Code attributable to the funding programs
18		authorized by Section 14-7.02 (non-public special
19		education reimbursement), subsection (b) of Section
20		14-13.01 (special education transportation), Section 29-5
21		(transportation), Section 2-3.80 (agricultural
22		education), Section 2-3.66 (truants' alternative
23		education), Section 2-3.62 (educational service centers),
24		and Section 14-7.03 (special education - orphanage) of
25		this Code and Section 15 of the Childhood Hunger Relief
26		Act (free breakfast program) and (II) the school

HB5501 Engrossed - 1013 - LRB102 24698 AMC 33937 b
1		district's actual expenditures for its non-public special
2		education, special education transportation,
3		transportation programs, agricultural education, truants'
4		alternative education, services that would otherwise be
5		performed by a regional office of education, special
6		education orphanage expenditures, and free breakfast, as
7		most recently calculated and reported pursuant to
8		subsection (f) of Section 1D-1 of this Code. The Base
9		Funding Minimum for Glenwood Academy shall be $625,500.
10		For programs operated by a regional office of education or
11		an intermediate service center, the Base Funding Minimum
12		must be the total amount of State funds allocated to those
13		programs in the 2018-2019 school year and amounts provided
14		pursuant to Article 34 of Public Act 100-586 and Section
15		3-16 of this Code. All programs established after June 5,
16		2019 (the effective date of Public Act 101-10) and
17		administered by a regional office of education or an
18		intermediate service center must have an initial Base
19		Funding Minimum set to an amount equal to the first-year
20		ASE multiplied by the amount of per pupil funding received
21		in the previous school year by the lowest funded similar
22		existing program type. If the enrollment for a program
23		operated by a regional office of education or an
24		intermediate service center is zero, then it may not
25		receive Base Funding Minimum funds for that program in the
26		next fiscal year, and those funds must be distributed to

HB5501 Engrossed - 1014 - LRB102 24698 AMC 33937 b
1		Organizational Units under subsection (g).
2		(2) For the 2018-2019 and subsequent school years, the
3		Base Funding Minimum of Organizational Units and Specially
4		Funded Units shall be the sum of (i) the amount of
5		Evidence-Based Funding for the prior school year, (ii) the
6		Base Funding Minimum for the prior school year, and (iii)
7		any amount received by a school district pursuant to
8		Section 7 of Article 97 of Public Act 100-21.
9		(3) Subject to approval by the General Assembly as
10		provided in this paragraph (3), an Organizational Unit
11		that meets all of the following criteria, as determined by
12		the State Board, shall have District Intervention Money
13		added to its Base Funding Minimum at the time the Base
14		Funding Minimum is calculated by the State Board:
15		(A) The Organizational Unit is operating under an
16		Independent Authority under Section 2-3.25f-5 of this
17		Code for a minimum of 4 school years or is subject to
18		the control of the State Board pursuant to a court
19		order for a minimum of 4 school years.
20		(B) The Organizational Unit was designated as a
21		Tier 1 or Tier 2 Organizational Unit in the previous
22		school year under paragraph (3) of subsection (g) of
23		this Section.
24		(C) The Organizational Unit demonstrates
25		sustainability through a 5-year financial and
26		strategic plan.

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1		(D) The Organizational Unit has made sufficient
2		progress and achieved sufficient stability in the
3		areas of governance, academic growth, and finances.
4		As part of its determination under this paragraph (3),
5		the State Board may consider the Organizational Unit's
6		summative designation, any accreditations of the
7		Organizational Unit, or the Organizational Unit's
8		financial profile, as calculated by the State Board.
9		If the State Board determines that an Organizational
10		Unit has met the criteria set forth in this paragraph (3),
11		it must submit a report to the General Assembly, no later
12		than January 2 of the fiscal year in which the State Board
13		makes it determination, on the amount of District
14		Intervention Money to add to the Organizational Unit's
15		Base Funding Minimum. The General Assembly must review the
16		State Board's report and may approve or disapprove, by
17		joint resolution, the addition of District Intervention
18		Money. If the General Assembly fails to act on the report
19		within 40 calendar days from the receipt of the report,
20		the addition of District Intervention Money is deemed
21		approved. If the General Assembly approves the amount of
22		District Intervention Money to be added to the
23		Organizational Unit's Base Funding Minimum, the District
24		Intervention Money must be added to the Base Funding
25		Minimum annually thereafter.
26		For the first 4 years following the initial year that

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1		the State Board determines that an Organizational Unit has
2		met the criteria set forth in this paragraph (3) and has
3		received funding under this Section, the Organizational
4		Unit must annually submit to the State Board, on or before
5		November 30, a progress report regarding its financial and
6		strategic plan under subparagraph (C) of this paragraph
7		(3). The plan shall include the financial data from the
8		past 4 annual financial reports or financial audits that
9		must be presented to the State Board by November 15 of each
10		year and the approved budget financial data for the
11		current year. The plan shall be developed according to the
12		guidelines presented to the Organizational Unit by the
13		State Board. The plan shall further include financial
14		projections for the next 3 fiscal years and include a
15		discussion and financial summary of the Organizational
16		Unit's facility needs. If the Organizational Unit does not
17		demonstrate sufficient progress toward its 5-year plan or
18		if it has failed to file an annual financial report, an
19		annual budget, a financial plan, a deficit reduction plan,
20		or other financial information as required by law, the
21		State Board may establish a Financial Oversight Panel
22		under Article 1H of this Code. However, if the
23		Organizational Unit already has a Financial Oversight
24		Panel, the State Board may extend the duration of the
25		Panel.
26		(f) Percent of Adequacy and Final Resources calculation.

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1		(1) The Evidence-Based Funding formula establishes a
2		Percent of Adequacy for each Organizational Unit in order
3		to place such units into tiers for the purposes of the
4		funding distribution system described in subsection (g) of
5		this Section. Initially, an Organizational Unit's
6		Preliminary Resources and Preliminary Percent of Adequacy
7		are calculated pursuant to paragraph (2) of this
8		subsection (f). Then, an Organizational Unit's Final
9		Resources and Final Percent of Adequacy are calculated to
10		account for the Organizational Unit's poverty
11		concentration levels pursuant to paragraphs (3) and (4) of
12		this subsection (f).
13		(2) An Organizational Unit's Preliminary Resources are
14		equal to the sum of its Local Capacity Target, CPPRT, and
15		Base Funding Minimum. An Organizational Unit's Preliminary
16		Percent of Adequacy is the lesser of (i) its Preliminary
17		Resources divided by its Adequacy Target or (ii) 100%.
18		(3) Except for Specially Funded Units, an
19		Organizational Unit's Final Resources are equal to the sum
20		of its Local Capacity, CPPRT, and Adjusted Base Funding
21		Minimum. The Base Funding Minimum of each Specially Funded
22		Unit shall serve as its Final Resources, except that the
23		Base Funding Minimum for State-approved charter schools
24		shall not include any portion of general State aid
25		allocated in the prior year based on the per capita
26		tuition charge times the charter school enrollment.

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1		(4) An Organizational Unit's Final Percent of Adequacy
2		is its Final Resources divided by its Adequacy Target. An
3		Organizational Unit's Adjusted Base Funding Minimum is
4		equal to its Base Funding Minimum less its Supplemental
5		Grant Funding, with the resulting figure added to the
6		product of its Supplemental Grant Funding and Preliminary
7		Percent of Adequacy.
8		(g) Evidence-Based Funding formula distribution system.
9		(1) In each school year under the Evidence-Based
10		Funding formula, each Organizational Unit receives funding
11		equal to the sum of its Base Funding Minimum and the unit's
12		allocation of New State Funds determined pursuant to this
13		subsection (g). To allocate New State Funds, the
14		Evidence-Based Funding formula distribution system first
15		places all Organizational Units into one of 4 tiers in
16		accordance with paragraph (3) of this subsection (g),
17		based on the Organizational Unit's Final Percent of
18		Adequacy. New State Funds are allocated to each of the 4
19		tiers as follows: Tier 1 Aggregate Funding equals 50% of
20		all New State Funds, Tier 2 Aggregate Funding equals 49%
21		of all New State Funds, Tier 3 Aggregate Funding equals
22		0.9% of all New State Funds, and Tier 4 Aggregate Funding
23		equals 0.1% of all New State Funds. Each Organizational
24		Unit within Tier 1 or Tier 2 receives an allocation of New
25		State Funds equal to its tier Funding Gap, as defined in
26		the following sentence, multiplied by the tier's

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1		Allocation Rate determined pursuant to paragraph (4) of
2		this subsection (g). For Tier 1, an Organizational Unit's
3		Funding Gap equals the tier's Target Ratio, as specified
4		in paragraph (5) of this subsection (g), multiplied by the
5		Organizational Unit's Adequacy Target, with the resulting
6		amount reduced by the Organizational Unit's Final
7		Resources. For Tier 2, an Organizational Unit's Funding
8		Gap equals the tier's Target Ratio, as described in
9		paragraph (5) of this subsection (g), multiplied by the
10		Organizational Unit's Adequacy Target, with the resulting
11		amount reduced by the Organizational Unit's Final
12		Resources and its Tier 1 funding allocation. To determine
13		the Organizational Unit's Funding Gap, the resulting
14		amount is then multiplied by a factor equal to one minus
15		the Organizational Unit's Local Capacity Target
16		percentage. Each Organizational Unit within Tier 3 or Tier
17		4 receives an allocation of New State Funds equal to the
18		product of its Adequacy Target and the tier's Allocation
19		Rate, as specified in paragraph (4) of this subsection
20		(g).
21		(2) To ensure equitable distribution of dollars for
22		all Tier 2 Organizational Units, no Tier 2 Organizational
23		Unit shall receive fewer dollars per ASE than any Tier 3
24		Organizational Unit. Each Tier 2 and Tier 3 Organizational
25		Unit shall have its funding allocation divided by its ASE.
26		Any Tier 2 Organizational Unit with a funding allocation

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1		per ASE below the greatest Tier 3 allocation per ASE shall
2		get a funding allocation equal to the greatest Tier 3
3		funding allocation per ASE multiplied by the
4		Organizational Unit's ASE. Each Tier 2 Organizational
5		Unit's Tier 2 funding allocation shall be multiplied by
6		the percentage calculated by dividing the original Tier 2
7		Aggregate Funding by the sum of all Tier 2 Organizational
8		Units' Tier 2 funding allocation after adjusting
9		districts' funding below Tier 3 levels.
10		(3) Organizational Units are placed into one of 4
11		tiers as follows:
12		(A) Tier 1 consists of all Organizational Units,
13		except for Specially Funded Units, with a Percent of
14		Adequacy less than the Tier 1 Target Ratio. The Tier 1
15		Target Ratio is the ratio level that allows for Tier 1
16		Aggregate Funding to be distributed, with the Tier 1
17		Allocation Rate determined pursuant to paragraph (4)
18		of this subsection (g).
19		(B) Tier 2 consists of all Tier 1 Units and all
20		other Organizational Units, except for Specially
21		Funded Units, with a Percent of Adequacy of less than
22		0.90.
23		(C) Tier 3 consists of all Organizational Units,
24		except for Specially Funded Units, with a Percent of
25		Adequacy of at least 0.90 and less than 1.0.
26		(D) Tier 4 consists of all Organizational Units

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1		with a Percent of Adequacy of at least 1.0.
2		(4) The Allocation Rates for Tiers 1 through 4 are
3		determined as follows:
4		(A) The Tier 1 Allocation Rate is 30%.
5		(B) The Tier 2 Allocation Rate is the result of the
6		following equation: Tier 2 Aggregate Funding, divided
7		by the sum of the Funding Gaps for all Tier 2
8		Organizational Units, unless the result of such
9		equation is higher than 1.0. If the result of such
10		equation is higher than 1.0, then the Tier 2
11		Allocation Rate is 1.0.
12		(C) The Tier 3 Allocation Rate is the result of the
13		following equation: Tier 3 Aggregate Funding, divided
14		by the sum of the Adequacy Targets of all Tier 3
15		Organizational Units.
16		(D) The Tier 4 Allocation Rate is the result of the
17		following equation: Tier 4 Aggregate Funding, divided
18		by the sum of the Adequacy Targets of all Tier 4
19		Organizational Units.
20		(5) A tier's Target Ratio is determined as follows:
21		(A) The Tier 1 Target Ratio is the ratio level that
22		allows for Tier 1 Aggregate Funding to be distributed
23		with the Tier 1 Allocation Rate.
24		(B) The Tier 2 Target Ratio is 0.90.
25		(C) The Tier 3 Target Ratio is 1.0.
26		(6) If, at any point, the Tier 1 Target Ratio is

HB5501 Engrossed - 1022 - LRB102 24698 AMC 33937 b
1		greater than 90%, then all Tier 1 funding shall be
2		allocated to Tier 2 and no Tier 1 Organizational Unit's
3		funding may be identified.
4		(7) In the event that all Tier 2 Organizational Units
5		receive funding at the Tier 2 Target Ratio level, any
6		remaining New State Funds shall be allocated to Tier 3 and
7		Tier 4 Organizational Units.
8		(8) If any Specially Funded Units, excluding Glenwood
9		Academy, recognized by the State Board do not qualify for
10		direct funding following the implementation of Public Act
11		100-465 from any of the funding sources included within
12		the definition of Base Funding Minimum, the unqualified
13		portion of the Base Funding Minimum shall be transferred
14		to one or more appropriate Organizational Units as
15		determined by the State Superintendent based on the prior
16		year ASE of the Organizational Units.
17		(8.5) If a school district withdraws from a special
18		education cooperative, the portion of the Base Funding
19		Minimum that is attributable to the school district may be
20		redistributed to the school district upon withdrawal. The
21		school district and the cooperative must include the
22		amount of the Base Funding Minimum that is to be
23		reapportioned in their withdrawal agreement and notify the
24		State Board of the change with a copy of the agreement upon
25		withdrawal.
26		(9) The Minimum Funding Level is intended to establish

HB5501 Engrossed - 1023 - LRB102 24698 AMC 33937 b
1		a target for State funding that will keep pace with
2		inflation and continue to advance equity through the
3		Evidence-Based Funding formula. The target for State
4		funding of New Property Tax Relief Pool Funds is
5		$50,000,000 for State fiscal year 2019 and subsequent
6		State fiscal years. The Minimum Funding Level is equal to
7		$350,000,000. In addition to any New State Funds, no more
8		than $50,000,000 New Property Tax Relief Pool Funds may be
9		counted toward the Minimum Funding Level. If the sum of
10		New State Funds and applicable New Property Tax Relief
11		Pool Funds are less than the Minimum Funding Level, than
12		funding for tiers shall be reduced in the following
13		manner:
14		(A) First, Tier 4 funding shall be reduced by an
15		amount equal to the difference between the Minimum
16		Funding Level and New State Funds until such time as
17		Tier 4 funding is exhausted.
18		(B) Next, Tier 3 funding shall be reduced by an
19		amount equal to the difference between the Minimum
20		Funding Level and New State Funds and the reduction in
21		Tier 4 funding until such time as Tier 3 funding is
22		exhausted.
23		(C) Next, Tier 2 funding shall be reduced by an
24		amount equal to the difference between the Minimum
25		Funding Level and New State Funds and the reduction in
26		Tier 4 and Tier 3.

HB5501 Engrossed - 1024 - LRB102 24698 AMC 33937 b
1		(D) Finally, Tier 1 funding shall be reduced by an
2		amount equal to the difference between the Minimum
3		Funding level and New State Funds and the reduction in
4		Tier 2, 3, and 4 funding. In addition, the Allocation
5		Rate for Tier 1 shall be reduced to a percentage equal
6		to the Tier 1 Allocation Rate set by paragraph (4) of
7		this subsection (g), multiplied by the result of New
8		State Funds divided by the Minimum Funding Level.
9		(9.5) For State fiscal year 2019 and subsequent State
10		fiscal years, if New State Funds exceed $300,000,000, then
11		any amount in excess of $300,000,000 shall be dedicated
12		for purposes of Section 2-3.170 of this Code up to a
13		maximum of $50,000,000.
14		(10) In the event of a decrease in the amount of the
15		appropriation for this Section in any fiscal year after
16		implementation of this Section, the Organizational Units
17		receiving Tier 1 and Tier 2 funding, as determined under
18		paragraph (3) of this subsection (g), shall be held
19		harmless by establishing a Base Funding Guarantee equal to
20		the per pupil kindergarten through grade 12 funding
21		received in accordance with this Section in the prior
22		fiscal year. Reductions shall be made to the Base Funding
23		Minimum of Organizational Units in Tier 3 and Tier 4 on a
24		per pupil basis equivalent to the total number of the ASE
25		in Tier 3-funded and Tier 4-funded Organizational Units
26		divided by the total reduction in State funding. The Base

HB5501 Engrossed - 1025 - LRB102 24698 AMC 33937 b
1		Funding Minimum as reduced shall continue to be applied to
2		Tier 3 and Tier 4 Organizational Units and adjusted by the
3		relative formula when increases in appropriations for this
4		Section resume. In no event may State funding reductions
5		to Organizational Units in Tier 3 or Tier 4 exceed an
6		amount that would be less than the Base Funding Minimum
7		established in the first year of implementation of this
8		Section. If additional reductions are required, all school
9		districts shall receive a reduction by a per pupil amount
10		equal to the aggregate additional appropriation reduction
11		divided by the total ASE of all Organizational Units.
12		(11) The State Superintendent shall make minor
13		adjustments to the distribution formula set forth in this
14		subsection (g) to account for the rounding of percentages
15		to the nearest tenth of a percentage and dollar amounts to
16		the nearest whole dollar.
17		(h) State Superintendent administration of funding and
18		district submission requirements.
19		(1) The State Superintendent shall, in accordance with
20		appropriations made by the General Assembly, meet the
21		funding obligations created under this Section.
22		(2) The State Superintendent shall calculate the
23		Adequacy Target for each Organizational Unit and Net State
24		Contribution Target for each Organizational Unit under
25		this Section. No Evidence-Based Funding shall be
26		distributed within an Organizational Unit without the

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1		approval of the unit's school board.
2		(3) Annually, the State Superintendent shall calculate
3		and report to each Organizational Unit the unit's
4		aggregate financial adequacy amount, which shall be the
5		sum of the Adequacy Target for each Organizational Unit.
6		The State Superintendent shall calculate and report
7		separately for each Organizational Unit the unit's total
8		State funds allocated for its students with disabilities.
9		The State Superintendent shall calculate and report
10		separately for each Organizational Unit the amount of
11		funding and applicable FTE calculated for each Essential
12		Element of the unit's Adequacy Target.
13		(4) Annually, the State Superintendent shall calculate
14		and report to each Organizational Unit the amount the unit
15		must expend on special education and bilingual education
16		and computer technology and equipment for Organizational
17		Units assigned to Tier 1 or Tier 2 that received an
18		additional $285.50 per student computer technology and
19		equipment investment grant to their Adequacy Target
20		pursuant to the unit's Base Funding Minimum, Special
21		Education Allocation, Bilingual Education Allocation, and
22		computer technology and equipment investment allocation.
23		(5) Moneys distributed under this Section shall be
24		calculated on a school year basis, but paid on a fiscal
25		year basis, with payments beginning in August and
26		extending through June. Unless otherwise provided, the

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1		moneys appropriated for each fiscal year shall be
2		distributed in 22 equal payments at least 2 times monthly
3		to each Organizational Unit. If moneys appropriated for
4		any fiscal year are distributed other than monthly, the
5		distribution shall be on the same basis for each
6		Organizational Unit.
7		(6) Any school district that fails, for any given
8		school year, to maintain school as required by law or to
9		maintain a recognized school is not eligible to receive
10		Evidence-Based Funding. In case of non-recognition of one
11		or more attendance centers in a school district otherwise
12		operating recognized schools, the claim of the district
13		shall be reduced in the proportion that the enrollment in
14		the attendance center or centers bears to the enrollment
15		of the school district. "Recognized school" means any
16		public school that meets the standards for recognition by
17		the State Board. A school district or attendance center
18		not having recognition status at the end of a school term
19		is entitled to receive State aid payments due upon a legal
20		claim that was filed while it was recognized.
21		(7) School district claims filed under this Section
22		are subject to Sections 18-9 and 18-12 of this Code,
23		except as otherwise provided in this Section.
24		(8) Each fiscal year, the State Superintendent shall
25		calculate for each Organizational Unit an amount of its
26		Base Funding Minimum and Evidence-Based Funding that shall

HB5501 Engrossed - 1028 - LRB102 24698 AMC 33937 b
1		be deemed attributable to the provision of special
2		educational facilities and services, as defined in Section
3		14-1.08 of this Code, in a manner that ensures compliance
4		with maintenance of State financial support requirements
5		under the federal Individuals with Disabilities Education
6		Act. An Organizational Unit must use such funds only for
7		the provision of special educational facilities and
8		services, as defined in Section 14-1.08 of this Code, and
9		must comply with any expenditure verification procedures
10		adopted by the State Board.
11		(9) All Organizational Units in this State must submit
12		annual spending plans by the end of September of each year
13		to the State Board as part of the annual budget process,
14		which shall describe how each Organizational Unit will
15		utilize the Base Funding Minimum and Evidence-Based
16		Funding it receives from this State under this Section
17		with specific identification of the intended utilization
18		of Low-Income, English learner, and special education
19		resources. Additionally, the annual spending plans of each
20		Organizational Unit shall describe how the Organizational
21		Unit expects to achieve student growth and how the
22		Organizational Unit will achieve State education goals, as
23		defined by the State Board. The State Superintendent may,
24		from time to time, identify additional requisites for
25		Organizational Units to satisfy when compiling the annual
26		spending plans required under this subsection (h). The

HB5501 Engrossed - 1029 - LRB102 24698 AMC 33937 b
1		format and scope of annual spending plans shall be
2		developed by the State Superintendent and the State Board
3		of Education. School districts that serve students under
4		Article 14C of this Code shall continue to submit
5		information as required under Section 14C-12 of this Code.
6		(10) No later than January 1, 2018, the State
7		Superintendent shall develop a 5-year strategic plan for
8		all Organizational Units to help in planning for adequacy
9		funding under this Section. The State Superintendent shall
10		submit the plan to the Governor and the General Assembly,
11		as provided in Section 3.1 of the General Assembly
12		Organization Act. The plan shall include recommendations
13		for:
14		(A) a framework for collaborative, professional,
15		innovative, and 21st century learning environments
16		using the Evidence-Based Funding model;
17		(B) ways to prepare and support this State's
18		educators for successful instructional careers;
19		(C) application and enhancement of the current
20		financial accountability measures, the approved State
21		plan to comply with the federal Every Student Succeeds
22		Act, and the Illinois Balanced Accountability Measures
23		in relation to student growth and elements of the
24		Evidence-Based Funding model; and
25		(D) implementation of an effective school adequacy
26		funding system based on projected and recommended

HB5501 Engrossed - 1030 - LRB102 24698 AMC 33937 b
1		funding levels from the General Assembly.
2		(11) On an annual basis, the State Superintendent must
3		recalibrate all of the following per pupil elements of the
4		Adequacy Target and applied to the formulas, based on the
5		study of average expenses and as reported in the most
6		recent annual financial report:
7		(A) Gifted under subparagraph (M) of paragraph (2)
8		of subsection (b).
9		(B) Instructional materials under subparagraph (O)
10		of paragraph (2) of subsection (b).
11		(C) Assessment under subparagraph (P) of paragraph
12		(2) of subsection (b).
13		(D) Student activities under subparagraph (R) of
14		paragraph (2) of subsection (b).
15		(E) Maintenance and operations under subparagraph
16		(S) of paragraph (2) of subsection (b).
17		(F) Central office under subparagraph (T) of
18		paragraph (2) of subsection (b).
19		(i) Professional Review Panel.
20		(1) A Professional Review Panel is created to study
21		and review topics related to the implementation and effect
22		of Evidence-Based Funding, as assigned by a joint
23		resolution or Public Act of the General Assembly or a
24		motion passed by the State Board of Education. The Panel
25		must provide recommendations to and serve the Governor,
26		the General Assembly, and the State Board. The State

HB5501 Engrossed - 1031 - LRB102 24698 AMC 33937 b
1		Superintendent or his or her designee must serve as a
2		voting member and chairperson of the Panel. The State
3		Superintendent must appoint a vice chairperson from the
4		membership of the Panel. The Panel must advance
5		recommendations based on a three-fifths majority vote of
6		Panel members present and voting. A minority opinion may
7		also accompany any recommendation of the Panel. The Panel
8		shall be appointed by the State Superintendent, except as
9		otherwise provided in paragraph (2) of this subsection (i)
10		and include the following members:
11		(A) Two appointees that represent district
12		superintendents, recommended by a statewide
13		organization that represents district superintendents.
14		(B) Two appointees that represent school boards,
15		recommended by a statewide organization that
16		represents school boards.
17		(C) Two appointees from districts that represent
18		school business officials, recommended by a statewide
19		organization that represents school business
20		officials.
21		(D) Two appointees that represent school
22		principals, recommended by a statewide organization
23		that represents school principals.
24		(E) Two appointees that represent teachers,
25		recommended by a statewide organization that
26		represents teachers.

HB5501 Engrossed - 1032 - LRB102 24698 AMC 33937 b
1		(F) Two appointees that represent teachers,
2		recommended by another statewide organization that
3		represents teachers.
4		(G) Two appointees that represent regional
5		superintendents of schools, recommended by
6		organizations that represent regional superintendents.
7		(H) Two independent experts selected solely by the
8		State Superintendent.
9		(I) Two independent experts recommended by public
10		universities in this State.
11		(J) One member recommended by a statewide
12		organization that represents parents.
13		(K) Two representatives recommended by collective
14		impact organizations that represent major metropolitan
15		areas or geographic areas in Illinois.
16		(L) One member from a statewide organization
17		focused on research-based education policy to support
18		a school system that prepares all students for
19		college, a career, and democratic citizenship.
20		(M) One representative from a school district
21		organized under Article 34 of this Code.
22		The State Superintendent shall ensure that the
23		membership of the Panel includes representatives from
24		school districts and communities reflecting the
25		geographic, socio-economic, racial, and ethnic diversity
26		of this State. The State Superintendent shall additionally

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1		ensure that the membership of the Panel includes
2		representatives with expertise in bilingual education and
3		special education. Staff from the State Board shall staff
4		the Panel.
5		(2) In addition to those Panel members appointed by
6		the State Superintendent, 4 members of the General
7		Assembly shall be appointed as follows: one member of the
8		House of Representatives appointed by the Speaker of the
9		House of Representatives, one member of the Senate
10		appointed by the President of the Senate, one member of
11		the House of Representatives appointed by the Minority
12		Leader of the House of Representatives, and one member of
13		the Senate appointed by the Minority Leader of the Senate.
14		There shall be one additional member appointed by the
15		Governor. All members appointed by legislative leaders or
16		the Governor shall be non-voting, ex officio members.
17		(3) The Panel must study topics at the direction of
18		the General Assembly or State Board of Education, as
19		provided under paragraph (1). The Panel may also study the
20		following topics at the direction of the chairperson:
21		(A) The format and scope of annual spending plans
22		referenced in paragraph (9) of subsection (h) of this
23		Section.
24		(B) The Comparable Wage Index under this Section.
25		(C) Maintenance and operations, including capital
26		maintenance and construction costs.

HB5501 Engrossed - 1034 - LRB102 24698 AMC 33937 b
1		(D) "At-risk student" definition.
2		(E) Benefits.
3		(F) Technology.
4		(G) Local Capacity Target.
5		(H) Funding for Alternative Schools, Laboratory
6		Schools, safe schools, and alternative learning
7		opportunities programs.
8		(I) Funding for college and career acceleration
9		strategies.
10		(J) Special education investments.
11		(K) Early childhood investments, in collaboration
12		with the Illinois Early Learning Council.
13		(4) (Blank).
14		(5) Within 5 years after the implementation of this
15		Section, and every 5 years thereafter, the Panel shall
16		complete an evaluative study of the entire Evidence-Based
17		Funding model, including an assessment of whether or not
18		the formula is achieving State goals. The Panel shall
19		report to the State Board, the General Assembly, and the
20		Governor on the findings of the study.
21		(6) (Blank).
22		(7) To ensure that (i) the Adequacy Target calculation
23		under subsection (b) accurately reflects the needs of
24		students living in poverty or attending schools located in
25		areas of high poverty, (ii) racial equity within the
26		Evidence-Based Funding formula is explicitly explored and

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1		advanced, and (iii) the funding goals of the formula
2		distribution system established under this Section are
3		sufficient to provide adequate funding for every student
4		and to fully fund every school in this State, the Panel
5		shall review the Essential Elements under paragraph (2) of
6		subsection (b). The Panel shall consider all of the
7		following in its review:
8		(A) The financial ability of school districts to
9		provide instruction in a foreign language to every
10		student and whether an additional Essential Element
11		should be added to the formula to ensure that every
12		student has access to instruction in a foreign
13		language.
14		(B) The adult-to-student ratio for each Essential
15		Element in which a ratio is identified. The Panel
16		shall consider whether the ratio accurately reflects
17		the staffing needed to support students living in
18		poverty or who have traumatic backgrounds.
19		(C) Changes to the Essential Elements that may be
20		required to better promote racial equity and eliminate
21		structural racism within schools.
22		(D) The impact of investing $350,000,000 in
23		additional funds each year under this Section and an
24		estimate of when the school system will become fully
25		funded under this level of appropriation.
26		(E) Provide an overview of alternative funding

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1		structures that would enable the State to become fully
2		funded at an earlier date.
3		(F) The potential to increase efficiency and to
4		find cost savings within the school system to expedite
5		the journey to a fully funded system.
6		(G) The appropriate levels for reenrolling and
7		graduating high-risk high school students who have
8		been previously out of school. These outcomes shall
9		include enrollment, attendance, skill gains, credit
10		gains, graduation or promotion to the next grade
11		level, and the transition to college, training, or
12		employment, with an emphasis on progressively
13		increasing the overall attendance.
14		(H) The evidence-based or research-based practices
15		that are shown to reduce the gaps and disparities
16		experienced by African American students in academic
17		achievement and educational performance, including
18		practices that have been shown to reduce disparities
19		parities in disciplinary rates, drop-out rates,
20		graduation rates, college matriculation rates, and
21		college completion rates.
22		On or before December 31, 2021, the Panel shall report
23		to the State Board, the General Assembly, and the Governor
24		on the findings of its review. This paragraph (7) is
25		inoperative on and after July 1, 2022.
26		(j) References. Beginning July 1, 2017, references in

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1		other laws to general State aid funds or calculations under
2		Section 18-8.05 of this Code (now repealed) shall be deemed to
3		be references to evidence-based model formula funds or
4		calculations under this Section.
5		(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;
6		101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff.
7		6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; revised
8		10-12-21.)
9		(105 ILCS 5/21A-25.5)
10		Sec. 21A-25.5. Teaching Induction and Mentoring Advisory
11		Group.
12		(a) The State Board of Education shall create a Teaching
13		Induction and Mentoring Advisory Group. Members of the
14		Advisory Group must represent the diversity of this State and
15		possess the expertise needed to perform the work required to
16		meet the goals of the programs set forth under Section 21A-20.
17		(b) The members of the Advisory Group shall be by
18		appointed by the State Superintendent of Education and shall
19		include all of the following members:
20		(1) Four members representing teachers recommended by
21		a statewide professional teachers' organization.
22		(2) Four members representing teachers recommended by
23		a different statewide professional teachers' organization.
24		(3) Two members representing principals recommended by
25		a statewide organization that represents principals.

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1		(4) One member representing district superintendents
2		recommended by a statewide organization that represents
3		district superintendents.
4		(5) One member representing regional superintendents
5		of schools recommended by a statewide association that
6		represents regional superintendents of schools.
7		(6) One member representing a State-approved educator
8		preparation program at an Illinois institution of higher
9		education recommended by the institution of higher
10		education.
11		The majority of the membership of the Advisory Group shall
12		consist of practicing teachers.
13		(c) The Advisory Group is responsible for approving any
14		changes made to the standards established under Section
15		21A-20.5.
16		(Source: P.A. 102-521, eff. 8-20-21; revised 11-29-21.)
17		(105 ILCS 5/22-30)
18		Sec. 22-30. Self-administration and self-carry of asthma
19		medication and epinephrine injectors; administration of
20		undesignated epinephrine injectors; administration of an
21		opioid antagonist; administration of undesignated asthma
22		medication; asthma episode emergency response protocol.
23		(a) For the purpose of this Section only, the following
24		terms shall have the meanings set forth below:
25		"Asthma action plan" means a written plan developed with a

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1		pupil's medical provider to help control the pupil's asthma.
2		The goal of an asthma action plan is to reduce or prevent
3		flare-ups and emergency department visits through day-to-day
4		management and to serve as a student-specific document to be
5		referenced in the event of an asthma episode.
6		"Asthma episode emergency response protocol" means a
7		procedure to provide assistance to a pupil experiencing
8		symptoms of wheezing, coughing, shortness of breath, chest
9		tightness, or breathing difficulty.
10		"Epinephrine injector" includes an auto-injector approved
11		by the United States Food and Drug Administration for the
12		administration of epinephrine and a pre-filled syringe
13		approved by the United States Food and Drug Administration and
14		used for the administration of epinephrine that contains a
15		pre-measured dose of epinephrine that is equivalent to the
16		dosages used in an auto-injector.
17		"Asthma medication" means quick-relief asthma medication,
18		including albuterol or other short-acting bronchodilators,
19		that is approved by the United States Food and Drug
20		Administration for the treatment of respiratory distress.
21		"Asthma medication" includes medication delivered through a
22		device, including a metered dose inhaler with a reusable or
23		disposable spacer or a nebulizer with a mouthpiece or mask.
24		"Opioid antagonist" means a drug that binds to opioid
25		receptors and blocks or inhibits the effect of opioids acting
26		on those receptors, including, but not limited to, naloxone

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1		hydrochloride or any other similarly acting drug approved by
2		the U.S. Food and Drug Administration.
3		"Respiratory distress" means the perceived or actual
4		presence of wheezing, coughing, shortness of breath, chest
5		tightness, breathing difficulty, or any other symptoms
6		consistent with asthma. Respiratory distress may be
7		categorized as "mild-to-moderate" or "severe".
8		"School nurse" means a registered nurse working in a
9		school with or without licensure endorsed in school nursing.
10		"Self-administration" means a pupil's discretionary use of
11		his or her prescribed asthma medication or epinephrine
12		injector.
13		"Self-carry" means a pupil's ability to carry his or her
14		prescribed asthma medication or epinephrine injector.
15		"Standing protocol" may be issued by (i) a physician
16		licensed to practice medicine in all its branches, (ii) a
17		licensed physician assistant with prescriptive authority, or
18		(iii) a licensed advanced practice registered nurse with
19		prescriptive authority.
20		"Trained personnel" means any school employee or volunteer
21		personnel authorized in Sections 10-22.34, 10-22.34a, and
22		10-22.34b of this Code who has completed training under
23		subsection (g) of this Section to recognize and respond to
24		anaphylaxis, an opioid overdose, or respiratory distress.
25		"Undesignated asthma medication" means asthma medication
26		prescribed in the name of a school district, public school,

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1		charter school, or nonpublic school.
2		"Undesignated epinephrine injector" means an epinephrine
3		injector prescribed in the name of a school district, public
4		school, charter school, or nonpublic school.
5		(b) A school, whether public, charter, or nonpublic, must
6		permit the self-administration and self-carry of asthma
7		medication by a pupil with asthma or the self-administration
8		and self-carry of an epinephrine injector by a pupil, provided
9		that:
10		(1) the parents or guardians of the pupil provide to
11		the school (i) written authorization from the parents or
12		guardians for (A) the self-administration and self-carry
13		of asthma medication or (B) the self-carry of asthma
14		medication or (ii) for (A) the self-administration and
15		self-carry of an epinephrine injector or (B) the
16		self-carry of an epinephrine injector, written
17		authorization from the pupil's physician, physician
18		assistant, or advanced practice registered nurse; and
19		(2) the parents or guardians of the pupil provide to
20		the school (i) the prescription label, which must contain
21		the name of the asthma medication, the prescribed dosage,
22		and the time at which or circumstances under which the
23		asthma medication is to be administered, or (ii) for the
24		self-administration or self-carry of an epinephrine
25		injector, a written statement from the pupil's physician,
26		physician assistant, or advanced practice registered nurse

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1		containing the following information:
2		(A) the name and purpose of the epinephrine
3		injector;
4		(B) the prescribed dosage; and
5		(C) the time or times at which or the special
6		circumstances under which the epinephrine injector is
7		to be administered.
8		The information provided shall be kept on file in the office of
9		the school nurse or, in the absence of a school nurse, the
10		school's administrator.
11		(b-5) A school district, public school, charter school, or
12		nonpublic school may authorize the provision of a
13		student-specific or undesignated epinephrine injector to a
14		student or any personnel authorized under a student's
15		Individual Health Care Action Plan, Illinois Food Allergy
16		Emergency Action Plan and Treatment Authorization Form, or
17		plan pursuant to Section 504 of the federal Rehabilitation Act
18		of 1973 to administer an epinephrine injector to the student,
19		that meets the student's prescription on file.
20		(b-10) The school district, public school, charter school,
21		or nonpublic school may authorize a school nurse or trained
22		personnel to do the following: (i) provide an undesignated
23		epinephrine injector to a student for self-administration only
24		or any personnel authorized under a student's Individual
25		Health Care Action Plan, Illinois Food Allergy Emergency
26		Action Plan and Treatment Authorization Form, plan pursuant to

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1		Section 504 of the federal Rehabilitation Act of 1973, or
2		individualized education program plan to administer to the
3		student that meets the student's prescription on file; (ii)
4		administer an undesignated epinephrine injector that meets the
5		prescription on file to any student who has an Individual
6		Health Care Action Plan, Illinois Food Allergy Emergency
7		Action Plan and Treatment Authorization Form, plan pursuant to
8		Section 504 of the federal Rehabilitation Act of 1973, or
9		individualized education program plan that authorizes the use
10		of an epinephrine injector; (iii) administer an undesignated
11		epinephrine injector to any person that the school nurse or
12		trained personnel in good faith believes is having an
13		anaphylactic reaction; (iv) administer an opioid antagonist to
14		any person that the school nurse or trained personnel in good
15		faith believes is having an opioid overdose; (v) provide
16		undesignated asthma medication to a student for
17		self-administration only or to any personnel authorized under
18		a student's Individual Health Care Action Plan or asthma
19		action plan, plan pursuant to Section 504 of the federal
20		Rehabilitation Act of 1973, or individualized education
21		program plan to administer to the student that meets the
22		student's prescription on file; (vi) administer undesignated
23		asthma medication that meets the prescription on file to any
24		student who has an Individual Health Care Action Plan or
25		asthma action plan, plan pursuant to Section 504 of the
26		federal Rehabilitation Act of 1973, or individualized

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1		education program plan that authorizes the use of asthma
2		medication; and (vii) administer undesignated asthma
3		medication to any person that the school nurse or trained
4		personnel believes in good faith is having respiratory
5		distress.
6		(c) The school district, public school, charter school, or
7		nonpublic school must inform the parents or guardians of the
8		pupil, in writing, that the school district, public school,
9		charter school, or nonpublic school and its employees and
10		agents, including a physician, physician assistant, or
11		advanced practice registered nurse providing standing protocol
12		and a prescription for school epinephrine injectors, an opioid
13		antagonist, or undesignated asthma medication, are to incur no
14		liability or professional discipline, except for willful and
15		wanton conduct, as a result of any injury arising from the
16		administration of asthma medication, an epinephrine injector,
17		or an opioid antagonist regardless of whether authorization
18		was given by the pupil's parents or guardians or by the pupil's
19		physician, physician assistant, or advanced practice
20		registered nurse. The parents or guardians of the pupil must
21		sign a statement acknowledging that the school district,
22		public school, charter school, or nonpublic school and its
23		employees and agents are to incur no liability, except for
24		willful and wanton conduct, as a result of any injury arising
25		from the administration of asthma medication, an epinephrine
26		injector, or an opioid antagonist regardless of whether

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1		authorization was given by the pupil's parents or guardians or
2		by the pupil's physician, physician assistant, or advanced
3		practice registered nurse and that the parents or guardians
4		must indemnify and hold harmless the school district, public
5		school, charter school, or nonpublic school and its employees
6		and agents against any claims, except a claim based on willful
7		and wanton conduct, arising out of the administration of
8		asthma medication, an epinephrine injector, or an opioid
9		antagonist regardless of whether authorization was given by
10		the pupil's parents or guardians or by the pupil's physician,
11		physician assistant, or advanced practice registered nurse.
12		(c-5) When a school nurse or trained personnel administers
13		an undesignated epinephrine injector to a person whom the
14		school nurse or trained personnel in good faith believes is
15		having an anaphylactic reaction, administers an opioid
16		antagonist to a person whom the school nurse or trained
17		personnel in good faith believes is having an opioid overdose,
18		or administers undesignated asthma medication to a person whom
19		the school nurse or trained personnel in good faith believes
20		is having respiratory distress, notwithstanding the lack of
21		notice to the parents or guardians of the pupil or the absence
22		of the parents or guardians signed statement acknowledging no
23		liability, except for willful and wanton conduct, the school
24		district, public school, charter school, or nonpublic school
25		and its employees and agents, and a physician, a physician
26		assistant, or an advanced practice registered nurse providing

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1		standing protocol and a prescription for undesignated
2		epinephrine injectors, an opioid antagonist, or undesignated
3		asthma medication, are to incur no liability or professional
4		discipline, except for willful and wanton conduct, as a result
5		of any injury arising from the use of an undesignated
6		epinephrine injector, the use of an opioid antagonist, or the
7		use of undesignated asthma medication, regardless of whether
8		authorization was given by the pupil's parents or guardians or
9		by the pupil's physician, physician assistant, or advanced
10		practice registered nurse.
11		(d) The permission for self-administration and self-carry
12		of asthma medication or the self-administration and self-carry
13		of an epinephrine injector is effective for the school year
14		for which it is granted and shall be renewed each subsequent
15		school year upon fulfillment of the requirements of this
16		Section.
17		(e) Provided that the requirements of this Section are
18		fulfilled, a pupil with asthma may self-administer and
19		self-carry his or her asthma medication or a pupil may
20		self-administer and self-carry an epinephrine injector (i)
21		while in school, (ii) while at a school-sponsored activity,
22		(iii) while under the supervision of school personnel, or (iv)
23		before or after normal school activities, such as while in
24		before-school or after-school care on school-operated property
25		or while being transported on a school bus.
26		(e-5) Provided that the requirements of this Section are

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1		fulfilled, a school nurse or trained personnel may administer
2		an undesignated epinephrine injector to any person whom the
3		school nurse or trained personnel in good faith believes to be
4		having an anaphylactic reaction (i) while in school, (ii)
5		while at a school-sponsored activity, (iii) while under the
6		supervision of school personnel, or (iv) before or after
7		normal school activities, such as while in before-school or
8		after-school care on school-operated property or while being
9		transported on a school bus. A school nurse or trained
10		personnel may carry undesignated epinephrine injectors on his
11		or her person while in school or at a school-sponsored
12		activity.
13		(e-10) Provided that the requirements of this Section are
14		fulfilled, a school nurse or trained personnel may administer
15		an opioid antagonist to any person whom the school nurse or
16		trained personnel in good faith believes to be having an
17		opioid overdose (i) while in school, (ii) while at a
18		school-sponsored activity, (iii) while under the supervision
19		of school personnel, or (iv) before or after normal school
20		activities, such as while in before-school or after-school
21		care on school-operated property. A school nurse or trained
22		personnel may carry an opioid antagonist on his or her person
23		while in school or at a school-sponsored activity.
24		(e-15) If the requirements of this Section are met, a
25		school nurse or trained personnel may administer undesignated
26		asthma medication to any person whom the school nurse or

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1		trained personnel in good faith believes to be experiencing
2		respiratory distress (i) while in school, (ii) while at a
3		school-sponsored activity, (iii) while under the supervision
4		of school personnel, or (iv) before or after normal school
5		activities, including before-school or after-school care on
6		school-operated property. A school nurse or trained personnel
7		may carry undesignated asthma medication on his or her person
8		while in school or at a school-sponsored activity.
9		(f) The school district, public school, charter school, or
10		nonpublic school may maintain a supply of undesignated
11		epinephrine injectors in any secure location that is
12		accessible before, during, and after school where an allergic
13		person is most at risk, including, but not limited to,
14		classrooms and lunchrooms. A physician, a physician assistant
15		who has prescriptive authority in accordance with Section 7.5
16		of the Physician Assistant Practice Act of 1987, or an
17		advanced practice registered nurse who has prescriptive
18		authority in accordance with Section 65-40 of the Nurse
19		Practice Act may prescribe undesignated epinephrine injectors
20		in the name of the school district, public school, charter
21		school, or nonpublic school to be maintained for use when
22		necessary. Any supply of epinephrine injectors shall be
23		maintained in accordance with the manufacturer's instructions.
24		The school district, public school, charter school, or
25		nonpublic school may maintain a supply of an opioid antagonist
26		in any secure location where an individual may have an opioid

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1		overdose. A health care professional who has been delegated
2		prescriptive authority for opioid antagonists in accordance
3		with Section 5-23 of the Substance Use Disorder Act may
4		prescribe opioid antagonists in the name of the school
5		district, public school, charter school, or nonpublic school,
6		to be maintained for use when necessary. Any supply of opioid
7		antagonists shall be maintained in accordance with the
8		manufacturer's instructions.
9		The school district, public school, charter school, or
10		nonpublic school may maintain a supply of asthma medication in
11		any secure location that is accessible before, during, or
12		after school where a person is most at risk, including, but not
13		limited to, a classroom or the nurse's office. A physician, a
14		physician assistant who has prescriptive authority under
15		Section 7.5 of the Physician Assistant Practice Act of 1987,
16		or an advanced practice registered nurse who has prescriptive
17		authority under Section 65-40 of the Nurse Practice Act may
18		prescribe undesignated asthma medication in the name of the
19		school district, public school, charter school, or nonpublic
20		school to be maintained for use when necessary. Any supply of
21		undesignated asthma medication must be maintained in
22		accordance with the manufacturer's instructions.
23		(f-3) Whichever entity initiates the process of obtaining
24		undesignated epinephrine injectors and providing training to
25		personnel for carrying and administering undesignated
26		epinephrine injectors shall pay for the costs of the

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1		undesignated epinephrine injectors.
2		(f-5) Upon any administration of an epinephrine injector,
3		a school district, public school, charter school, or nonpublic
4		school must immediately activate the EMS system and notify the
5		student's parent, guardian, or emergency contact, if known.
6		Upon any administration of an opioid antagonist, a school
7		district, public school, charter school, or nonpublic school
8		must immediately activate the EMS system and notify the
9		student's parent, guardian, or emergency contact, if known.
10		(f-10) Within 24 hours of the administration of an
11		undesignated epinephrine injector, a school district, public
12		school, charter school, or nonpublic school must notify the
13		physician, physician assistant, or advanced practice
14		registered nurse who provided the standing protocol and a
15		prescription for the undesignated epinephrine injector of its
16		use.
17		Within 24 hours after the administration of an opioid
18		antagonist, a school district, public school, charter school,
19		or nonpublic school must notify the health care professional
20		who provided the prescription for the opioid antagonist of its
21		use.
22		Within 24 hours after the administration of undesignated
23		asthma medication, a school district, public school, charter
24		school, or nonpublic school must notify the student's parent
25		or guardian or emergency contact, if known, and the physician,
26		physician assistant, or advanced practice registered nurse who

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1		provided the standing protocol and a prescription for the
2		undesignated asthma medication of its use. The district or
3		school must follow up with the school nurse, if available, and
4		may, with the consent of the child's parent or guardian,
5		notify the child's health care provider of record, as
6		determined under this Section, of its use.
7		(g) Prior to the administration of an undesignated
8		epinephrine injector, trained personnel must submit to the
9		school's administration proof of completion of a training
10		curriculum to recognize and respond to anaphylaxis that meets
11		the requirements of subsection (h) of this Section. Training
12		must be completed annually. The school district, public
13		school, charter school, or nonpublic school must maintain
14		records related to the training curriculum and trained
15		personnel.
16		Prior to the administration of an opioid antagonist,
17		trained personnel must submit to the school's administration
18		proof of completion of a training curriculum to recognize and
19		respond to an opioid overdose, which curriculum must meet the
20		requirements of subsection (h-5) of this Section. Training
21		must be completed annually. Trained personnel must also submit
22		to the school's administration proof of cardiopulmonary
23		resuscitation and automated external defibrillator
24		certification. The school district, public school, charter
25		school, or nonpublic school must maintain records relating to
26		the training curriculum and the trained personnel.

HB5501 Engrossed - 1052 - LRB102 24698 AMC 33937 b
1		Prior to the administration of undesignated asthma
2		medication, trained personnel must submit to the school's
3		administration proof of completion of a training curriculum to
4		recognize and respond to respiratory distress, which must meet
5		the requirements of subsection (h-10) of this Section.
6		Training must be completed annually, and the school district,
7		public school, charter school, or nonpublic school must
8		maintain records relating to the training curriculum and the
9		trained personnel.
10		(h) A training curriculum to recognize and respond to
11		anaphylaxis, including the administration of an undesignated
12		epinephrine injector, may be conducted online or in person.
13		Training shall include, but is not limited to:
14		(1) how to recognize signs and symptoms of an allergic
15		reaction, including anaphylaxis;
16		(2) how to administer an epinephrine injector; and
17		(3) a test demonstrating competency of the knowledge
18		required to recognize anaphylaxis and administer an
19		epinephrine injector.
20		Training may also include, but is not limited to:
21		(A) a review of high-risk areas within a school and
22		its related facilities;
23		(B) steps to take to prevent exposure to allergens;
24		(C) emergency follow-up procedures, including the
25		importance of calling 9-1-1 or, if 9-1-1 is not available,
26		other local emergency medical services;

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1		(D) how to respond to a student with a known allergy,
2		as well as a student with a previously unknown allergy;
3		(E) other criteria as determined in rules adopted
4		pursuant to this Section; and
5		(F) any policy developed by the State Board of
6		Education under Section 2-3.190 2-3.182.
7		In consultation with statewide professional organizations
8		representing physicians licensed to practice medicine in all
9		of its branches, registered nurses, and school nurses, the
10		State Board of Education shall make available resource
11		materials consistent with criteria in this subsection (h) for
12		educating trained personnel to recognize and respond to
13		anaphylaxis. The State Board may take into consideration the
14		curriculum on this subject developed by other states, as well
15		as any other curricular materials suggested by medical experts
16		and other groups that work on life-threatening allergy issues.
17		The State Board is not required to create new resource
18		materials. The State Board shall make these resource materials
19		available on its Internet website.
20		(h-5) A training curriculum to recognize and respond to an
21		opioid overdose, including the administration of an opioid
22		antagonist, may be conducted online or in person. The training
23		must comply with any training requirements under Section 5-23
24		of the Substance Use Disorder Act and the corresponding rules.
25		It must include, but is not limited to:
26		(1) how to recognize symptoms of an opioid overdose;

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1		(2) information on drug overdose prevention and
2		recognition;
3		(3) how to perform rescue breathing and resuscitation;
4		(4) how to respond to an emergency involving an opioid
5		overdose;
6		(5) opioid antagonist dosage and administration;
7		(6) the importance of calling 9-1-1 or, if 9-1-1 is
8		not available, other local emergency medical services;
9		(7) care for the overdose victim after administration
10		of the overdose antagonist;
11		(8) a test demonstrating competency of the knowledge
12		required to recognize an opioid overdose and administer a
13		dose of an opioid antagonist; and
14		(9) other criteria as determined in rules adopted
15		pursuant to this Section.
16		(h-10) A training curriculum to recognize and respond to
17		respiratory distress, including the administration of
18		undesignated asthma medication, may be conducted online or in
19		person. The training must include, but is not limited to:
20		(1) how to recognize symptoms of respiratory distress
21		and how to distinguish respiratory distress from
22		anaphylaxis;
23		(2) how to respond to an emergency involving
24		respiratory distress;
25		(3) asthma medication dosage and administration;
26		(4) the importance of calling 9-1-1 or, if 9-1-1 is

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1		not available, other local emergency medical services;
2		(5) a test demonstrating competency of the knowledge
3		required to recognize respiratory distress and administer
4		asthma medication; and
5		(6) other criteria as determined in rules adopted
6		under this Section.
7		(i) Within 3 days after the administration of an
8		undesignated epinephrine injector by a school nurse, trained
9		personnel, or a student at a school or school-sponsored
10		activity, the school must report to the State Board of
11		Education in a form and manner prescribed by the State Board
12		the following information:
13		(1) age and type of person receiving epinephrine
14		(student, staff, visitor);
15		(2) any previously known diagnosis of a severe
16		allergy;
17		(3) trigger that precipitated allergic episode;
18		(4) location where symptoms developed;
19		(5) number of doses administered;
20		(6) type of person administering epinephrine (school
21		nurse, trained personnel, student); and
22		(7) any other information required by the State Board.
23		If a school district, public school, charter school, or
24		nonpublic school maintains or has an independent contractor
25		providing transportation to students who maintains a supply of
26		undesignated epinephrine injectors, then the school district,

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1		public school, charter school, or nonpublic school must report
2		that information to the State Board of Education upon adoption
3		or change of the policy of the school district, public school,
4		charter school, nonpublic school, or independent contractor,
5		in a manner as prescribed by the State Board. The report must
6		include the number of undesignated epinephrine injectors in
7		supply.
8		(i-5) Within 3 days after the administration of an opioid
9		antagonist by a school nurse or trained personnel, the school
10		must report to the State Board of Education, in a form and
11		manner prescribed by the State Board, the following
12		information:
13		(1) the age and type of person receiving the opioid
14		antagonist (student, staff, or visitor);
15		(2) the location where symptoms developed;
16		(3) the type of person administering the opioid
17		antagonist (school nurse or trained personnel); and
18		(4) any other information required by the State Board.
19		(i-10) Within 3 days after the administration of
20		undesignated asthma medication by a school nurse, trained
21		personnel, or a student at a school or school-sponsored
22		activity, the school must report to the State Board of
23		Education, on a form and in a manner prescribed by the State
24		Board of Education, the following information:
25		(1) the age and type of person receiving the asthma
26		medication (student, staff, or visitor);

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1		(2) any previously known diagnosis of asthma for the
2		person;
3		(3) the trigger that precipitated respiratory
4		distress, if identifiable;
5		(4) the location of where the symptoms developed;
6		(5) the number of doses administered;
7		(6) the type of person administering the asthma
8		medication (school nurse, trained personnel, or student);
9		(7) the outcome of the asthma medication
10		administration; and
11		(8) any other information required by the State Board.
12		(j) By October 1, 2015 and every year thereafter, the
13		State Board of Education shall submit a report to the General
14		Assembly identifying the frequency and circumstances of
15		undesignated epinephrine and undesignated asthma medication
16		administration during the preceding academic year. Beginning
17		with the 2017 report, the report shall also contain
18		information on which school districts, public schools, charter
19		schools, and nonpublic schools maintain or have independent
20		contractors providing transportation to students who maintain
21		a supply of undesignated epinephrine injectors. This report
22		shall be published on the State Board's Internet website on
23		the date the report is delivered to the General Assembly.
24		(j-5) Annually, each school district, public school,
25		charter school, or nonpublic school shall request an asthma
26		action plan from the parents or guardians of a pupil with

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1		asthma. If provided, the asthma action plan must be kept on
2		file in the office of the school nurse or, in the absence of a
3		school nurse, the school administrator. Copies of the asthma
4		action plan may be distributed to appropriate school staff who
5		interact with the pupil on a regular basis, and, if
6		applicable, may be attached to the pupil's federal Section 504
7		plan or individualized education program plan.
8		(j-10) To assist schools with emergency response
9		procedures for asthma, the State Board of Education, in
10		consultation with statewide professional organizations with
11		expertise in asthma management and a statewide organization
12		representing school administrators, shall develop a model
13		asthma episode emergency response protocol before September 1,
14		2016. Each school district, charter school, and nonpublic
15		school shall adopt an asthma episode emergency response
16		protocol before January 1, 2017 that includes all of the
17		components of the State Board's model protocol.
18		(j-15) Every 2 years, school personnel who work with
19		pupils shall complete an in-person or online training program
20		on the management of asthma, the prevention of asthma
21		symptoms, and emergency response in the school setting. In
22		consultation with statewide professional organizations with
23		expertise in asthma management, the State Board of Education
24		shall make available resource materials for educating school
25		personnel about asthma and emergency response in the school
26		setting.

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1		(j-20) On or before October 1, 2016 and every year
2		thereafter, the State Board of Education shall submit a report
3		to the General Assembly and the Department of Public Health
4		identifying the frequency and circumstances of opioid
5		antagonist administration during the preceding academic year.
6		This report shall be published on the State Board's Internet
7		website on the date the report is delivered to the General
8		Assembly.
9		(k) The State Board of Education may adopt rules necessary
10		to implement this Section.
11		(l) Nothing in this Section shall limit the amount of
12		epinephrine injectors that any type of school or student may
13		carry or maintain a supply of.
14		(Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21;
15		revised 11-9-21.)
16		(105 ILCS 5/22-90)
17		(Section scheduled to be repealed on February 1, 2023)
18		Sec. 22-90. Whole Child Task Force.
19		(a) The General Assembly makes all of the following
20		findings:
21		(1) The COVID-19 pandemic has exposed systemic
22		inequities in American society. Students, educators, and
23		families throughout this State have been deeply affected
24		by the pandemic, and the impact of the pandemic will be
25		felt for years to come. The negative consequences of the

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1		pandemic have impacted students and communities
2		differently along the lines of race, income, language, and
3		special needs. However, students in this State faced
4		significant unmet physical health, mental health, and
5		social and emotional needs even prior to the pandemic.
6		(2) The path to recovery requires a commitment from
7		adults in this State to address our students cultural,
8		physical, emotional, and mental health needs and to
9		provide them with stronger and increased systemic support
10		and intervention.
11		(3) It is well documented that trauma and toxic stress
12		diminish a child's ability to thrive. Forms of childhood
13		trauma and toxic stress include adverse childhood
14		experiences, systemic racism, poverty, food and housing
15		insecurity, and gender-based violence. The COVID-19
16		pandemic has exacerbated these issues and brought them
17		into focus.
18		(4) It is estimated that, overall, approximately 40%
19		of children in this State have experienced at least one
20		adverse childhood experience and approximately 10% have
21		experienced 3 or more adverse childhood experiences.
22		However, the number of adverse childhood experiences is
23		higher for Black and Hispanic children who are growing up
24		in poverty. The COVID-19 pandemic has amplified the number
25		of students who have experienced childhood trauma. Also,
26		the COVID-19 pandemic has highlighted preexisting

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1		inequities in school disciplinary practices that
2		disproportionately impact Black and Brown students.
3		Research shows, for example, that girls of color are
4		disproportionately impacted by trauma, adversity, and
5		abuse, and instead of receiving the care and
6		trauma-informed support they may need, many Black girls in
7		particular face disproportionately harsh disciplinary
8		measures.
9		(5) The cumulative effects of trauma and toxic stress
10		adversely impact the physical health of students, as well
11		as their ability to learn, form relationships, and
12		self-regulate. If left unaddressed, these effects increase
13		a student's risk for depression, alcoholism, anxiety,
14		asthma, smoking, and suicide, all of which are risks that
15		disproportionately affect Black youth and may lead to a
16		host of medical diseases as an adult. Access to infant and
17		early childhood mental health services is critical to
18		ensure the social and emotional well-being of this State's
19		youngest children, particularly those children who have
20		experienced trauma.
21		(6) Although this State enacted measures through
22		Public Act 100-105 to address the high rate of early care
23		and preschool expulsions of infants, toddlers, and
24		preschoolers and the disproportionately higher rate of
25		expulsion for Black and Hispanic children, a recent study
26		found a wide variation in the awareness, understanding,

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1		and compliance with the law by providers of early
2		childhood care. Further work is needed to implement the
3		law, which includes providing training to early childhood
4		care providers to increase their understanding of the law,
5		increasing the availability and access to infant and early
6		childhood mental health services, and building aligned
7		data collection systems to better understand expulsion
8		rates and to allow for accurate reporting as required by
9		the law.
10		(7) Many educators and schools in this State have
11		embraced and implemented evidenced-based restorative
12		justice and trauma-responsive and culturally relevant
13		practices and interventions. However, the use of these
14		interventions on students is often isolated or is
15		implemented occasionally and only if the school has the
16		appropriate leadership, resources, and partners available
17		to engage seriously in this work. It would be malpractice
18		to deny our students access to these practices and
19		interventions, especially in the aftermath of a
20		once-in-a-century pandemic.
21		(b) The Whole Child Task Force is created for the purpose
22		of establishing an equitable, inclusive, safe, and supportive
23		environment in all schools for every student in this State.
24		The task force shall have all of the following goals, which
25		means key steps have to be taken to ensure that every child in
26		every school in this State has access to teachers, social

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1		workers, school leaders, support personnel, and others who
2		have been trained in evidenced-based interventions and
3		restorative practices:
4		(1) To create a common definition of a
5		trauma-responsive school, a trauma-responsive district,
6		and a trauma-responsive community.
7		(2) To outline the training and resources required to
8		create and sustain a system of support for
9		trauma-responsive schools, districts, and communities and
10		to identify this State's role in that work, including
11		recommendations concerning options for redirecting
12		resources from school resource officers to classroom-based
13		support.
14		(3) To identify or develop a process to conduct an
15		analysis of the organizations that provide training in
16		restorative practices, implicit bias, anti-racism, and
17		trauma-responsive systems, mental health services, and
18		social and emotional services to schools.
19		(4) To provide recommendations concerning the key data
20		to be collected and reported to ensure that this State has
21		a full and accurate understanding of the progress toward
22		ensuring that all schools, including programs and
23		providers of care to pre-kindergarten children, employ
24		restorative, anti-racist, and trauma-responsive
25		strategies and practices. The data collected must include
26		information relating to the availability of trauma

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1		responsive support structures in schools as well as
2		disciplinary practices employed on students in person or
3		through other means, including during remote or blended
4		learning. It should also include information on the use
5		of, and funding for, school resource officers and other
6		similar police personnel in school programs.
7		(5) To recommend an implementation timeline, including
8		the key roles, responsibilities, and resources to advance
9		this State toward a system in which every school,
10		district, and community is progressing toward becoming
11		trauma-responsive.
12		(6) To seek input and feedback from stakeholders,
13		including parents, students, and educators, who reflect
14		the diversity of this State.
15		(7) To recommend legislation, policies, and practices
16		to prevent learning loss in students during periods of
17		suspension and expulsion, including, but not limited to,
18		remote instruction.
19		(c) Members of the Whole Child Task Force shall be
20		appointed by the State Superintendent of Education. Members of
21		this task force must represent the diversity of this State and
22		possess the expertise needed to perform the work required to
23		meet the goals of the task force set forth under subsection
24		(a). Members of the task force shall include all of the
25		following:
26		(1) One member of a statewide professional teachers'

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1		organization.
2		(2) One member of another statewide professional
3		teachers' organization.
4		(3) One member who represents a school district
5		serving a community with a population of 500,000 or more.
6		(4) One member of a statewide organization
7		representing social workers.
8		(5) One member of an organization that has specific
9		expertise in trauma-responsive school practices and
10		experience in supporting schools in developing
11		trauma-responsive and restorative practices.
12		(6) One member of another organization that has
13		specific expertise in trauma-responsive school practices
14		and experience in supporting schools in developing
15		trauma-responsive and restorative practices.
16		(7) One member of a statewide organization that
17		represents school administrators.
18		(8) One member of a statewide policy organization that
19		works to build a healthy public education system that
20		prepares all students for a successful college, career,
21		and civic life.
22		(9) One member of a statewide organization that brings
23		teachers together to identify and address issues critical
24		to student success.
25		(10) One member of the General Assembly recommended by
26		the President of the Senate.

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1		(11) One member of the General Assembly recommended by
2		the Speaker of the House of Representatives.
3		(12) One member of the General Assembly recommended by
4		the Minority Leader of the Senate.
5		(13) One member of the General Assembly recommended by
6		the Minority Leader of the House of Representatives.
7		(14) One member of a civil rights organization that
8		works actively on issues regarding student support.
9		(15) One administrator from a school district that has
10		actively worked to develop a system of student support
11		that uses a trauma-informed lens.
12		(16) One educator from a school district that has
13		actively worked to develop a system of student support
14		that uses a trauma-informed lens.
15		(17) One member of a youth-led organization.
16		(18) One member of an organization that has
17		demonstrated expertise in restorative practices.
18		(19) One member of a coalition of mental health and
19		school practitioners who assist schools in developing and
20		implementing trauma-informed and restorative strategies
21		and systems.
22		(20) One member of an organization whose mission is to
23		promote the safety, health, and economic success of
24		children, youth, and families in this State.
25		(21) One member who works or has worked as a
26		restorative justice coach or disciplinarian.

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1		(22) One member who works or has worked as a social
2		worker.
3		(23) One member of the State Board of Education.
4		(24) One member who represents a statewide principals'
5		organization.
6		(25) One member who represents a statewide
7		organization of school boards.
8		(26) One member who has expertise in pre-kindergarten
9		education.
10		(27) One member who represents a school social worker
11		association.
12		(28) One member who represents an organization that
13		represents school districts in the south suburbs.
14		(29) One member who is a licensed clinical
15		psychologist who (A) has a doctor of philosophy in the
16		field of clinical psychology and has an appointment at an
17		independent free-standing children's hospital located in
18		Chicago, (B) serves as associate professor at a medical
19		school located in Chicago, and (C) serves as the clinical
20		director of a coalition of voluntary collaboration of
21		organizations that are committed to applying a trauma lens
22		to their efforts on behalf of families and children in the
23		State.
24		(30) One member who represents a west suburban school
25		district.
26		(31) One member from a governmental agency who has

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1		expertise in child development and who is responsible for
2		coordinating early childhood mental health programs and
3		services.
4		(32) One member who has significant expertise in early
5		childhood mental health and childhood trauma.
6		(33) One member who represents an organization that
7		represents school districts in the collar counties.
8		(34) (31) One member who represents an organization
9		representing regional offices of education.
10		(d) The Whole Child Task Force shall meet at the call of
11		the State Superintendent of Education or his or her designee,
12		who shall serve as the chairperson. The State Board of
13		Education shall provide administrative and other support to
14		the task force. Members of the task force shall serve without
15		compensation.
16		(e) The Whole Child Task Force shall submit a report of its
17		findings and recommendations to the General Assembly, the
18		Illinois Legislative Black Caucus, the State Board of
19		Education, and the Governor on or before March 15, 2022. Upon
20		submitting its report, the task force is dissolved.
21		(f) This Section is repealed on February 1, 2023.
22		(Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21
23		(See Section 5 of P.A. 102-671 for effective date of P.A.
24		102-209); 102-635, eff. 11-30-21 (See Section 10 of P.A.
25		102-671 for effective date of P.A. 102-635); 102-671, eff.
26		11-30-21; revised 1-5-22.)

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1		(105 ILCS 5/22-91)
2		Sec. 22-91 22-90. Modification of athletic or team
3		uniform; nonpublic schools.
4		(a) A nonpublic school recognized by the State Board of
5		Education must allow a student athlete to modify his or her
6		athletic or team uniform for the purpose of modesty in
7		clothing or attire that is in accordance with the requirements
8		of his or her religion or his or her cultural values or modesty
9		preferences. The modification of the athletic or team uniform
10		may include, but is not limited to, the wearing of a hijab, an
11		undershirt, or leggings. If a student chooses to modify his or
12		her athletic or team uniform the student is responsible for
13		all costs associated with the modification of the uniform and
14		the student shall not be required to receive prior approval
15		from the school for such modification. However, nothing in
16		this Section prohibits a school from providing the
17		modification to the student.
18		(b) At a minimum, any modification of the athletic or team
19		uniform must not interfere with the movement of the student or
20		pose a safety hazard to the student or to other athletes or
21		players. The modification of headgear is permitted if the
22		headgear:
23		(1) is black, white, the predominant predominate color
24		of the uniform, or the same color for all players on the
25		team;

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1		(2) does not cover any part of the face;
2		(3) is not dangerous to the player or to the other
3		players;
4		(4) has no opening or closing elements around the face
5		and neck; and
6		(5) has no parts extruding from its surface.
7		(Source: P.A. 102-51, eff. 7-9-21; revised 11-9-21.)
8		(105 ILCS 5/22-92)
9		(This Section may contain text from a Public Act with a
10		delayed effective date)
11		Sec. 22-92 22-90. Absenteeism and truancy policy.
12		(a) Each school district, charter school, or alternative
13		school or any school receiving public funds shall develop and
14		communicate to its students and their parent or guardian, on
15		an annual basis, an absenteeism and truancy policy, including
16		at least the following elements:
17		(1) A definition of a valid cause for absence in
18		accordance with Section 26-2a of this Code.
19		(2) A description of diagnostic procedures to be used
20		for identifying the causes of unexcused student
21		absenteeism, which shall, at a minimum, include interviews
22		with the student, his or her parent or guardian, and any
23		school officials who may have information about the
24		reasons for the student's attendance problem.
25		(3) The identification of supportive services to be

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1		made available to truant or chronically truant students.
2		These services shall include, but need not be limited to,
3		parent conferences, student counseling, family counseling,
4		and information about existing community services that are
5		available to truant and chronically truant students and
6		relevant to their needs.
7		(4) Incorporation of the provisions relating to
8		chronic absenteeism in accordance with Section 26-18 of
9		this Code.
10		(b) The absenteeism and truancy policy must be updated
11		every 2 years and filed with the State Board of Education and
12		the regional superintendent of schools.
13		(Source: P.A. 102-157, eff. 7-1-22; revised 11-9-21.)
14		(105 ILCS 5/22-93)
15		Sec. 22-93 22-90. School guidance counselor; gift ban.
16		(a) In this Section:
17		"Guidance counselor" means a person employed by a school
18		district and working in a high school to offer students advice
19		and assistance in making career or college plans.
20		"Prohibited source" means any person who is employed by an
21		institution of higher education or is an agent or spouse of or
22		an immediate family member living with a person employed by an
23		institution of higher education.
24		"Relative" means an individual related to another as
25		father, mother, son, daughter, brother, sister, uncle, aunt,

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1		great-aunt, great-uncle, first cousin, nephew, niece, husband,
2		wife, grandfather, grandmother, grandson, granddaughter,
3		father-in-law, mother-in-law, son-in-law, daughter-in-law,
4		brother-in-law, sister-in-law, stepfather, stepmother,
5		stepson, stepdaughter, stepbrother, stepsister, half brother,
6		or half sister or the father, mother, grandfather, or
7		grandmother of the individual's spouse or the individual's
8		fiance or fiancee.
9		(b) A guidance counselor may not intentionally solicit or
10		accept any gift from a prohibited source or solicit or accept a
11		gift that would be in violation of any federal or State statute
12		or rule. A prohibited source may not intentionally offer or
13		make a gift that violates this Section.
14		(c) The prohibition in subsection (b) does not apply to
15		any of the following:
16		(1) Opportunities, benefits, and services that are
17		available on the same conditions as for the general
18		public.
19		(2) Anything for which the guidance counselor pays the
20		market value.
21		(3) A gift from a relative.
22		(4) Anything provided by an individual on the basis of
23		a personal friendship, unless the guidance counselor has
24		reason to believe that, under the circumstances, the gift
25		was provided because of the official position or
26		employment of the guidance counselor and not because of

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1		the personal friendship. In determining whether a gift is
2		provided on the basis of personal friendship, the guidance
3		counselor must consider the circumstances in which the
4		gift was offered, including any of the following:
5		(A) The history of the relationship between the
6		individual giving the gift and the guidance counselor,
7		including any previous exchange of gifts between those
8		individuals.
9		(B) Whether, to the actual knowledge of the
10		guidance counselor, the individual who gave the gift
11		personally paid for the gift or sought a tax deduction
12		or business reimbursement for the gift.
13		(C) Whether, to the actual knowledge of the
14		guidance counselor, the individual who gave the gift
15		also, at the same time, gave the same or a similar gift
16		to other school district employees.
17		(5) Bequests, inheritances, or other transfers at
18		death.
19		(6) Any item or items from any one prohibited source
20		during any calendar year having a cumulative total value
21		of less than $100.
22		(7) Promotional materials, including, but not limited
23		to, pens, pencils, banners, posters, and pennants.
24		Each exception listed under this subsection is mutually
25		exclusive and independent of one another.
26		(d) A guidance counselor is not in violation of this

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1		Section if he or she promptly takes reasonable action to
2		return the gift to the prohibited source or donates the gift or
3		an amount equal to its value to an appropriate charity that is
4		exempt from income taxation under Section 501(c)(3) of the
5		Internal Revenue Code of 1986.
6		A guidance counselor or prohibited source who
7		intentionally violates this Section is guilty of a business
8		offense and is subject to a fine of at least $1,001 and up to
9		$5,000.
10		(Source: P.A. 102-327, eff. 1-1-22; revised 11-9-21.)
11		(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
12		Sec. 24-2. Holidays.
13		(a) Teachers shall not be required to teach on Saturdays,
14		nor, except as provided in subsection (b) of this Section,
15		shall teachers or other school employees, other than
16		noncertificated school employees whose presence is necessary
17		because of an emergency or for the continued operation and
18		maintenance of school facilities or property, be required to
19		work on legal school holidays, which are January 1, New Year's
20		Day; the third Monday in January, the Birthday of Dr. Martin
21		Luther King, Jr.; February 12, the Birthday of President
22		Abraham Lincoln; the first Monday in March (to be known as
23		Casimir Pulaski's birthday); Good Friday; the day designated
24		as Memorial Day by federal law; June 19, Juneteenth National
25		Freedom Day; July 4, Independence Day; the first Monday in

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1		September, Labor Day; the second Monday in October, Columbus
2		Day; November 11, Veterans' Day; the Thursday in November
3		commonly called Thanksgiving Day; and December 25, Christmas
4		Day. School boards may grant special holidays whenever in
5		their judgment such action is advisable. No deduction shall be
6		made from the time or compensation of a school employee on
7		account of any legal or special holiday.
8		(b) A school board or other entity eligible to apply for
9		waivers and modifications under Section 2-3.25g of this Code
10		is authorized to hold school or schedule teachers' institutes,
11		parent-teacher conferences, or staff development on the third
12		Monday in January (the Birthday of Dr. Martin Luther King,
13		Jr.); February 12 (the Birthday of President Abraham Lincoln);
14		the first Monday in March (known as Casimir Pulaski's
15		birthday); the second Monday in October (Columbus Day); and
16		November 11 (Veterans' Day), provided that:
17		(1) the person or persons honored by the holiday are
18		recognized through instructional activities conducted on
19		that day or, if the day is not used for student attendance,
20		on the first school day preceding or following that day;
21		and
22		(2) the entity that chooses to exercise this authority
23		first holds a public hearing about the proposal. The
24		entity shall provide notice preceding the public hearing
25		to both educators and parents. The notice shall set forth
26		the time, date, and place of the hearing, describe the

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1		proposal, and indicate that the entity will take testimony
2		from educators and parents about the proposal.
3		(c) Commemorative holidays, which recognize specified
4		patriotic, civic, cultural or historical persons, activities,
5		or events, are regular school days. Commemorative holidays
6		are: January 17 (the birthday of Muhammad Ali), January 28 (to
7		be known as Christa McAuliffe Day and observed as a
8		commemoration of space exploration), February 15 (the birthday
9		of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
10		September 11 (September 11th Day of Remembrance), the school
11		day immediately preceding Veterans' Day (Korean War Veterans'
12		Day), October 1 (Recycling Day), October 7 (Iraq and
13		Afghanistan Veterans Remembrance Day), December 7 (Pearl
14		Harbor Veterans' Day), and any day so appointed by the
15		President or Governor. School boards may establish
16		commemorative holidays whenever in their judgment such action
17		is advisable. School boards shall include instruction relative
18		to commemorated persons, activities, or events on the
19		commemorative holiday or at any other time during the school
20		year and at any point in the curriculum when such instruction
21		may be deemed appropriate. The State Board of Education shall
22		prepare and make available to school boards instructional
23		materials relative to commemorated persons, activities, or
24		events which may be used by school boards in conjunction with
25		any instruction provided pursuant to this paragraph.
26		(d) City of Chicago School District 299 shall observe

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1		March 4 of each year as a commemorative holiday. This holiday
2		shall be known as Mayors' Day which shall be a day to
3		commemorate and be reminded of the past Chief Executive
4		Officers of the City of Chicago, and in particular the late
5		Mayor Richard J. Daley and the late Mayor Harold Washington.
6		If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
7		observed on the following Monday.
8		(e) Notwithstanding any other provision of State law to
9		the contrary, November 3, 2020 shall be a State holiday known
10		as 2020 General Election Day and shall be observed throughout
11		the State pursuant to this amendatory Act of the 101st General
12		Assembly. All government offices, with the exception of
13		election authorities, shall be closed unless authorized to be
14		used as a location for election day services or as a polling
15		place.
16		Notwithstanding any other provision of State law to the
17		contrary, November 8, 2022 shall be a State holiday known as
18		2022 General Election Day and shall be observed throughout the
19		State under Public Act 102-15 this amendatory Act of the 102nd
20		General Assembly.
21		(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;
22		102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff.
23		1-1-22; revised 10-4-21.)
24		(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
25		Sec. 26-1. Compulsory school age; exemptions. Whoever has

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1		custody or control of any child (i) between the ages of 7 and
2		17 years (unless the child has already graduated from high
3		school) for school years before the 2014-2015 school year or
4		(ii) between the ages of 6 (on or before September 1) and 17
5		years (unless the child has already graduated from high
6		school) beginning with the 2014-2015 school year shall cause
7		such child to attend some public school in the district
8		wherein the child resides the entire time it is in session
9		during the regular school term, except as provided in Section
10		10-19.1, and during a required summer school program
11		established under Section 10-22.33B; provided, that the
12		following children shall not be required to attend the public
13		schools:
14		1. Any child attending a private or a parochial school
15		where children are taught the branches of education taught
16		to children of corresponding age and grade in the public
17		schools, and where the instruction of the child in the
18		branches of education is in the English language;
19		2. Any child who is physically or mentally unable to
20		attend school, such disability being certified to the
21		county or district truant officer by a competent physician
22		licensed in Illinois to practice medicine and surgery in
23		all its branches, a chiropractic physician licensed under
24		the Medical Practice Act of 1987, a licensed advanced
25		practice registered nurse, a licensed physician assistant,
26		or a Christian Science practitioner residing in this State

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1		and listed in the Christian Science Journal; or who is
2		excused for temporary absence for cause by the principal
3		or teacher of the school which the child attends, with
4		absence for cause by illness being required to include the
5		mental or behavioral health of the child for up to 5 days
6		for which the child need not provide a medical note, in
7		which case the child shall be given the opportunity to
8		make up any school work missed during the mental or
9		behavioral health absence and, after the second mental
10		health day used, may be referred to the appropriate school
11		support personnel; the exemptions in this paragraph (2) do
12		not apply to any female who is pregnant or the mother of
13		one or more children, except where a female is unable to
14		attend school due to a complication arising from her
15		pregnancy and the existence of such complication is
16		certified to the county or district truant officer by a
17		competent physician;
18		3. Any child necessarily and lawfully employed
19		according to the provisions of the law regulating child
20		labor may be excused from attendance at school by the
21		county superintendent of schools or the superintendent of
22		the public school which the child should be attending, on
23		certification of the facts by and the recommendation of
24		the school board of the public school district in which
25		the child resides. In districts having part-time
26		continuation schools, children so excused shall attend

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1		such schools at least 8 hours each week;
2		4. Any child over 12 and under 14 years of age while in
3		attendance at confirmation classes;
4		5. Any child absent from a public school on a
5		particular day or days or at a particular time of day for
6		the reason that he is unable to attend classes or to
7		participate in any examination, study, or work
8		requirements on a particular day or days or at a
9		particular time of day because of religious reasons,
10		including the observance of a religious holiday or
11		participation in religious instruction, or because the
12		tenets of his religion forbid secular activity on a
13		particular day or days or at a particular time of day. A
14		school board may require the parent or guardian of a child
15		who is to be excused from attending school because of
16		religious reasons to give notice, not exceeding 5 days, of
17		the child's absence to the school principal or other
18		school personnel. Any child excused from attending school
19		under this paragraph 5 shall not be required to submit a
20		written excuse for such absence after returning to school.
21		A district superintendent shall develop and distribute to
22		schools appropriate procedures regarding a student's
23		absence for religious reasons, how schools are notified of
24		a student's impending absence for religious reasons, and
25		the requirements of Section 26-2b of this Code;
26		6. Any child 16 years of age or older who (i) submits

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1		to a school district evidence of necessary and lawful
2		employment pursuant to paragraph 3 of this Section and
3		(ii) is enrolled in a graduation incentives program
4		pursuant to Section 26-16 of this Code or an alternative
5		learning opportunities program established pursuant to
6		Article 13B of this Code;
7		7. A child in any of grades 6 through 12 absent from a
8		public school on a particular day or days or at a
9		particular time of day for the purpose of sounding "Taps"
10		at a military honors funeral held in this State for a
11		deceased veteran. In order to be excused under this
12		paragraph 7, the student shall notify the school's
13		administration at least 2 days prior to the date of the
14		absence and shall provide the school's administration with
15		the date, time, and location of the military honors
16		funeral. The school's administration may waive this 2-day
17		notification requirement if the student did not receive at
18		least 2 days advance notice, but the student shall notify
19		the school's administration as soon as possible of the
20		absence. A student whose absence is excused under this
21		paragraph 7 shall be counted as if the student attended
22		school for purposes of calculating the average daily
23		attendance of students in the school district. A student
24		whose absence is excused under this paragraph 7 must be
25		allowed a reasonable time to make up school work missed
26		during the absence. If the student satisfactorily

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1		completes the school work, the day of absence shall be
2		counted as a day of compulsory attendance and he or she may
3		not be penalized for that absence; and
4		8. Any child absent from a public school on a
5		particular day or days or at a particular time of day for
6		the reason that his or her parent or legal guardian is an
7		active duty member of the uniformed services and has been
8		called to duty for, is on leave from, or has immediately
9		returned from deployment to a combat zone or
10		combat-support postings. Such a student shall be granted 5
11		days of excused absences in any school year and, at the
12		discretion of the school board, additional excused
13		absences to visit the student's parent or legal guardian
14		relative to such leave or deployment of the parent or
15		legal guardian. In the case of excused absences pursuant
16		to this paragraph 8, the student and parent or legal
17		guardian shall be responsible for obtaining assignments
18		from the student's teacher prior to any period of excused
19		absence and for ensuring that such assignments are
20		completed by the student prior to his or her return to
21		school from such period of excused absence.
22		(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22;
23		102-406, eff. 8-19-21; revised 9-28-21.)
24		(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
25		(Text of Section before amendment by P.A. 102-466)

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1		Sec. 26-2a. A "truant" is defined as a child who is subject
2		to compulsory school attendance and who is absent without
3		valid cause, as defined under this Section, from such
4		attendance for more than 1% but less than 5% of the past 180
5		school days.
6		"Valid cause" for absence shall be illness, including the
7		mental or behavioral health of the student, observance of a
8		religious holiday, death in the immediate family, or family
9		emergency and shall include such other situations beyond the
10		control of the student, as determined by the board of
11		education in each district, or such other circumstances which
12		cause reasonable concern to the parent for the mental,
13		emotional, or physical health or safety of the student.
14		"Chronic or habitual truant" shall be defined as a child
15		who is subject to compulsory school attendance and who is
16		absent without valid cause from such attendance for 5% or more
17		of the previous 180 regular attendance days.
18		"Truant minor" is defined as a chronic truant to whom
19		supportive services, including prevention, diagnostic,
20		intervention and remedial services, alternative programs and
21		other school and community resources have been provided and
22		have failed to result in the cessation of chronic truancy, or
23		have been offered and refused.
24		A "dropout" is defined as any child enrolled in grades 9
25		through 12 whose name has been removed from the district
26		enrollment roster for any reason other than the student's

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1		death, extended illness, removal for medical non-compliance,
2		expulsion, aging out, graduation, or completion of a program
3		of studies and who has not transferred to another public or
4		private school and is not known to be home-schooled by his or
5		her parents or guardians or continuing school in another
6		country.
7		"Religion" for the purposes of this Article, includes all
8		aspects of religious observance and practice, as well as
9		belief.
10		(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22;
11		102-321, eff. 1-1-22.)
12		(Text of Section after amendment by P.A. 102-466)
13		Sec. 26-2a. A "truant" is defined as a child who is subject
14		to compulsory school attendance and who is absent without
15		valid cause, as defined under this Section, from such
16		attendance for more than 1% but less than 5% of the past 180
17		school days.
18		"Valid cause" for absence shall be illness, including the
19		mental or behavioral health of the student, attendance at a
20		verified medical or therapeutic appointment, appointment with
21		a victim services provider, observance of a religious holiday,
22		death in the immediate family, or family emergency and shall
23		include such other situations beyond the control of the
24		student, as determined by the board of education in each
25		district, or such other circumstances which cause reasonable

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1		concern to the parent for the mental, emotional, or physical
2		health or safety of the student. For purposes of a student who
3		is an expectant parent, or parent, or victim of domestic or
4		sexual violence, "valid cause" for absence includes (i) the
5		fulfillment of a parenting responsibility, including, but not
6		limited to, arranging and providing child care, caring for a
7		sick child, attending prenatal or other medical appointments
8		for the expectant student, and attending medical appointments
9		for a child, and (ii) addressing circumstances resulting from
10		domestic or sexual violence, including, but not limited to,
11		experiencing domestic or sexual violence, recovering from
12		physical or psychological injuries, seeking medical attention,
13		seeking services from a domestic or sexual violence
14		organization, as defined in Article 26A, seeking psychological
15		or other counseling, participating in safety planning,
16		temporarily or permanently relocating, seeking legal
17		assistance or remedies, or taking any other action to increase
18		the safety or health of the student or to protect the student
19		from future domestic or sexual violence. A school district may
20		require a student to verify his or her claim of domestic or
21		sexual violence under Section 26A-45 prior to the district
22		approving a valid cause for an absence of 3 or more consecutive
23		days that is related to domestic or sexual violence.
24		"Chronic or habitual truant" shall be defined as a child
25		who is subject to compulsory school attendance and who is
26		absent without valid cause from such attendance for 5% or more

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1		of the previous 180 regular attendance days.
2		"Truant minor" is defined as a chronic truant to whom
3		supportive services, including prevention, diagnostic,
4		intervention and remedial services, alternative programs and
5		other school and community resources have been provided and
6		have failed to result in the cessation of chronic truancy, or
7		have been offered and refused.
8		A "dropout" is defined as any child enrolled in grades 9
9		through 12 whose name has been removed from the district
10		enrollment roster for any reason other than the student's
11		death, extended illness, removal for medical non-compliance,
12		expulsion, aging out, graduation, or completion of a program
13		of studies and who has not transferred to another public or
14		private school and is not known to be home-schooled by his or
15		her parents or guardians or continuing school in another
16		country.
17		"Religion" for the purposes of this Article, includes all
18		aspects of religious observance and practice, as well as
19		belief.
20		(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22;
21		102-321, eff. 1-1-22; 102-466, eff. 7-1-25; revised 9-23-21.)
22		(105 ILCS 5/26-13) (from Ch. 122, par. 26-13)
23		(Text of Section before amendment by P.A. 102-157)
24		Sec. 26-13. Absenteeism and truancy policies. School
25		districts shall adopt policies, consistent with rules adopted

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1		by the State Board of Education, which identify the
2		appropriate supportive services and available resources which
3		are provided for truants and chronic truants.
4		(Source: P.A. 84-1420.)
5		(Text of Section after amendment by P.A. 102-157)
6		Sec. 26-13. Absenteeism and truancy policies. School
7		districts shall adopt policies, consistent with rules adopted
8		by the State Board of Education and Section 22-92 22-90, which
9		identify the appropriate supportive services and available
10		resources which are provided for truants and chronic truants.
11		(Source: P.A. 102-157, eff. 7-1-22; revised 11-9-21.)
12		(105 ILCS 5/27-23.7)
13		Sec. 27-23.7. Bullying prevention.
14		(a) The General Assembly finds that a safe and civil
15		school environment is necessary for students to learn and
16		achieve and that bullying causes physical, psychological, and
17		emotional harm to students and interferes with students'
18		ability to learn and participate in school activities. The
19		General Assembly further finds that bullying has been linked
20		to other forms of antisocial behavior, such as vandalism,
21		shoplifting, skipping and dropping out of school, fighting,
22		using drugs and alcohol, sexual harassment, and sexual
23		violence. Because of the negative outcomes associated with
24		bullying in schools, the General Assembly finds that school

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1		districts, charter schools, and non-public, non-sectarian
2		elementary and secondary schools should educate students,
3		parents, and school district, charter school, or non-public,
4		non-sectarian elementary or secondary school personnel about
5		what behaviors constitute prohibited bullying.
6		Bullying on the basis of actual or perceived race, color,
7		religion, sex, national origin, ancestry, age, marital status,
8		physical or mental disability, military status, sexual
9		orientation, gender-related identity or expression,
10		unfavorable discharge from military service, association with
11		a person or group with one or more of the aforementioned actual
12		or perceived characteristics, or any other distinguishing
13		characteristic is prohibited in all school districts, charter
14		schools, and non-public, non-sectarian elementary and
15		secondary schools. No student shall be subjected to bullying:
16		(1) during any school-sponsored education program or
17		activity;
18		(2) while in school, on school property, on school
19		buses or other school vehicles, at designated school bus
20		stops waiting for the school bus, or at school-sponsored
21		or school-sanctioned events or activities;
22		(3) through the transmission of information from a
23		school computer, a school computer network, or other
24		similar electronic school equipment; or
25		(4) through the transmission of information from a
26		computer that is accessed at a nonschool-related location,

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1		activity, function, or program or from the use of
2		technology or an electronic device that is not owned,
3		leased, or used by a school district or school if the
4		bullying causes a substantial disruption to the
5		educational process or orderly operation of a school. This
6		item (4) applies only in cases in which a school
7		administrator or teacher receives a report that bullying
8		through this means has occurred and does not require a
9		district or school to staff or monitor any
10		nonschool-related activity, function, or program.
11		(a-5) Nothing in this Section is intended to infringe upon
12		any right to exercise free expression or the free exercise of
13		religion or religiously based views protected under the First
14		Amendment to the United States Constitution or under Section 3
15		of Article I of the Illinois Constitution.
16		(b) In this Section:
17		"Bullying" includes "cyber-bullying" and means any severe
18		or pervasive physical or verbal act or conduct, including
19		communications made in writing or electronically, directed
20		toward a student or students that has or can be reasonably
21		predicted to have the effect of one or more of the following:
22		(1) placing the student or students in reasonable fear
23		of harm to the student's or students' person or property;
24		(2) causing a substantially detrimental effect on the
25		student's or students' physical or mental health;
26		(3) substantially interfering with the student's or

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1		students' academic performance; or
2		(4) substantially interfering with the student's or
3		students' ability to participate in or benefit from the
4		services, activities, or privileges provided by a school.
5		Bullying, as defined in this subsection (b), may take
6		various forms, including without limitation one or more of the
7		following: harassment, threats, intimidation, stalking,
8		physical violence, sexual harassment, sexual violence, theft,
9		public humiliation, destruction of property, or retaliation
10		for asserting or alleging an act of bullying. This list is
11		meant to be illustrative and non-exhaustive.
12		"Cyber-bullying" means bullying through the use of
13		technology or any electronic communication, including without
14		limitation any transfer of signs, signals, writing, images,
15		sounds, data, or intelligence of any nature transmitted in
16		whole or in part by a wire, radio, electromagnetic system,
17		photoelectronic system, or photooptical system, including
18		without limitation electronic mail, Internet communications,
19		instant messages, or facsimile communications.
20		"Cyber-bullying" includes the creation of a webpage or weblog
21		in which the creator assumes the identity of another person or
22		the knowing impersonation of another person as the author of
23		posted content or messages if the creation or impersonation
24		creates any of the effects enumerated in the definition of
25		bullying in this Section. "Cyber-bullying" also includes the
26		distribution by electronic means of a communication to more

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1		than one person or the posting of material on an electronic
2		medium that may be accessed by one or more persons if the
3		distribution or posting creates any of the effects enumerated
4		in the definition of bullying in this Section.
5		"Policy on bullying" means a bullying prevention policy
6		that meets the following criteria:
7		(1) Includes the bullying definition provided in this
8		Section.
9		(2) Includes a statement that bullying is contrary to
10		State law and the policy of the school district, charter
11		school, or non-public, non-sectarian elementary or
12		secondary school and is consistent with subsection (a-5)
13		of this Section.
14		(3) Includes procedures for promptly reporting
15		bullying, including, but not limited to, identifying and
16		providing the school e-mail address (if applicable) and
17		school telephone number for the staff person or persons
18		responsible for receiving such reports and a procedure for
19		anonymous reporting; however, this shall not be construed
20		to permit formal disciplinary action solely on the basis
21		of an anonymous report.
22		(4) Consistent with federal and State laws and rules
23		governing student privacy rights, includes procedures for
24		promptly informing parents or guardians of all students
25		involved in the alleged incident of bullying and
26		discussing, as appropriate, the availability of social

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1		work services, counseling, school psychological services,
2		other interventions, and restorative measures.
3		(5) Contains procedures for promptly investigating and
4		addressing reports of bullying, including the following:
5		(A) Making all reasonable efforts to complete the
6		investigation within 10 school days after the date the
7		report of the incident of bullying was received and
8		taking into consideration additional relevant
9		information received during the course of the
10		investigation about the reported incident of bullying.
11		(B) Involving appropriate school support personnel
12		and other staff persons with knowledge, experience,
13		and training on bullying prevention, as deemed
14		appropriate, in the investigation process.
15		(C) Notifying the principal or school
16		administrator or his or her designee of the report of
17		the incident of bullying as soon as possible after the
18		report is received.
19		(D) Consistent with federal and State laws and
20		rules governing student privacy rights, providing
21		parents and guardians of the students who are parties
22		to the investigation information about the
23		investigation and an opportunity to meet with the
24		principal or school administrator or his or her
25		designee to discuss the investigation, the findings of
26		the investigation, and the actions taken to address

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1		the reported incident of bullying.
2		(6) Includes the interventions that can be taken to
3		address bullying, which may include, but are not limited
4		to, school social work services, restorative measures,
5		social-emotional skill building, counseling, school
6		psychological services, and community-based services.
7		(7) Includes a statement prohibiting reprisal or
8		retaliation against any person who reports an act of
9		bullying and the consequences and appropriate remedial
10		actions for a person who engages in reprisal or
11		retaliation.
12		(8) Includes consequences and appropriate remedial
13		actions for a person found to have falsely accused another
14		of bullying as a means of retaliation or as a means of
15		bullying.
16		(9) Is based on the engagement of a range of school
17		stakeholders, including students and parents or guardians.
18		(10) Is posted on the school district's, charter
19		school's, or non-public, non-sectarian elementary or
20		secondary school's existing Internet website, is included
21		in the student handbook, and, where applicable, posted
22		where other policies, rules, and standards of conduct are
23		currently posted in the school and provided periodically
24		throughout the school year to students and faculty, and is
25		distributed annually to parents, guardians, students, and
26		school personnel, including new employees when hired.

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1		(11) As part of the process of reviewing and
2		re-evaluating the policy under subsection (d) of this
3		Section, contains a policy evaluation process to assess
4		the outcomes and effectiveness of the policy that
5		includes, but is not limited to, factors such as the
6		frequency of victimization; student, staff, and family
7		observations of safety at a school; identification of
8		areas of a school where bullying occurs; the types of
9		bullying utilized; and bystander intervention or
10		participation. The school district, charter school, or
11		non-public, non-sectarian elementary or secondary school
12		may use relevant data and information it already collects
13		for other purposes in the policy evaluation. The
14		information developed as a result of the policy evaluation
15		must be made available on the Internet website of the
16		school district, charter school, or non-public,
17		non-sectarian elementary or secondary school. If an
18		Internet website is not available, the information must be
19		provided to school administrators, school board members,
20		school personnel, parents, guardians, and students.
21		(12) Is consistent with the policies of the school
22		board, charter school, or non-public, non-sectarian
23		elementary or secondary school.
24		"Restorative measures" means a continuum of school-based
25		alternatives to exclusionary discipline, such as suspensions
26		and expulsions, that: (i) are adapted to the particular needs

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1		of the school and community, (ii) contribute to maintaining
2		school safety, (iii) protect the integrity of a positive and
3		productive learning climate, (iv) teach students the personal
4		and interpersonal skills they will need to be successful in
5		school and society, (v) serve to build and restore
6		relationships among students, families, schools, and
7		communities, (vi) reduce the likelihood of future disruption
8		by balancing accountability with an understanding of students'
9		behavioral health needs in order to keep students in school,
10		and (vii) increase student accountability if the incident of
11		bullying is based on religion, race, ethnicity, or any other
12		category that is identified in the Illinois Human Rights Act.
13		"School personnel" means persons employed by, on contract
14		with, or who volunteer in a school district, charter school,
15		or non-public, non-sectarian elementary or secondary school,
16		including without limitation school and school district
17		administrators, teachers, school social workers, school
18		counselors, school psychologists, school nurses, cafeteria
19		workers, custodians, bus drivers, school resource officers,
20		and security guards.
21		(c) (Blank).
22		(d) Each school district, charter school, and non-public,
23		non-sectarian elementary or secondary school shall create,
24		maintain, and implement a policy on bullying, which policy
25		must be filed with the State Board of Education. The policy or
26		implementing procedure shall include a process to investigate

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1		whether a reported act of bullying is within the permissible
2		scope of the district's or school's jurisdiction and shall
3		require that the district or school provide the victim with
4		information regarding services that are available within the
5		district and community, such as counseling, support services,
6		and other programs. School personnel available for help with a
7		bully or to make a report about bullying shall be made known to
8		parents or legal guardians, students, and school personnel.
9		Every 2 years, each school district, charter school, and
10		non-public, non-sectarian elementary or secondary school shall
11		conduct a review and re-evaluation of its policy and make any
12		necessary and appropriate revisions. The policy must be filed
13		with the State Board of Education after being updated. The
14		State Board of Education shall monitor and provide technical
15		support for the implementation of policies created under this
16		subsection (d).
17		(e) This Section shall not be interpreted to prevent a
18		victim from seeking redress under any other available civil or
19		criminal law.
20		(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
21		revised 10-18-21.)
22		(105 ILCS 5/27-23.15)
23		Sec. 27-23.15. Computer science.
24		(a) In this Section, "computer science" means the study of
25		computers and algorithms, including their principles, their

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1		hardware and software designs, their implementation, and their
2		impact on society. "Computer science" does not include the
3		study of everyday uses of computers and computer applications,
4		such as keyboarding or accessing the Internet.
5		(b) Beginning with the 2023-2024 school year, the school
6		board of a school district that maintains any of grades 9
7		through 12 shall provide an opportunity for every high school
8		student to take at least one computer science course aligned
9		to rigorous learning standards of the State Board of
10		Education.
11		(Source: P.A. 101-654, eff. 3-8-21.)
12		(105 ILCS 5/27-23.16)
13		Sec. 27-23.16 27-23.15. Study of the process of
14		naturalization. Every public high school may include in its
15		curriculum a unit of instruction about the process of
16		naturalization by which a foreign citizen or foreign national
17		becomes a U.S. citizen. The course of instruction shall
18		include content from the components of the naturalization test
19		administered by the U.S. Citizenship and Immigration Services.
20		Each school board shall determine the minimum amount of
21		instructional time under this Section.
22		(Source: P.A. 102-472, eff. 8-20-21; revised 11-9-21.)
23		(105 ILCS 5/27A-5)
24		(Text of Section before amendment by P.A. 102-157 and P.A.

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1		102-466)
2		Sec. 27A-5. Charter school; legal entity; requirements.
3		(a) A charter school shall be a public, nonsectarian,
4		nonreligious, non-home based, and non-profit school. A charter
5		school shall be organized and operated as a nonprofit
6		corporation or other discrete, legal, nonprofit entity
7		authorized under the laws of the State of Illinois.
8		(b) A charter school may be established under this Article
9		by creating a new school or by converting an existing public
10		school or attendance center to charter school status.
11		Beginning on April 16, 2003 (the effective date of Public Act
12		93-3), in all new applications to establish a charter school
13		in a city having a population exceeding 500,000, operation of
14		the charter school shall be limited to one campus. The changes
15		made to this Section by Public Act 93-3 do not apply to charter
16		schools existing or approved on or before April 16, 2003 (the
17		effective date of Public Act 93-3).
18		(b-5) In this subsection (b-5), "virtual-schooling" means
19		a cyber school where students engage in online curriculum and
20		instruction via the Internet and electronic communication with
21		their teachers at remote locations and with students
22		participating at different times.
23		From April 1, 2013 through December 31, 2016, there is a
24		moratorium on the establishment of charter schools with
25		virtual-schooling components in school districts other than a
26		school district organized under Article 34 of this Code. This

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1		moratorium does not apply to a charter school with
2		virtual-schooling components existing or approved prior to
3		April 1, 2013 or to the renewal of the charter of a charter
4		school with virtual-schooling components already approved
5		prior to April 1, 2013.
6		(c) A charter school shall be administered and governed by
7		its board of directors or other governing body in the manner
8		provided in its charter. The governing body of a charter
9		school shall be subject to the Freedom of Information Act and
10		the Open Meetings Act. No later than January 1, 2021 (one year
11		after the effective date of Public Act 101-291), a charter
12		school's board of directors or other governing body must
13		include at least one parent or guardian of a pupil currently
14		enrolled in the charter school who may be selected through the
15		charter school or a charter network election, appointment by
16		the charter school's board of directors or other governing
17		body, or by the charter school's Parent Teacher Organization
18		or its equivalent.
19		(c-5) No later than January 1, 2021 (one year after the
20		effective date of Public Act 101-291) or within the first year
21		of his or her first term, every voting member of a charter
22		school's board of directors or other governing body shall
23		complete a minimum of 4 hours of professional development
24		leadership training to ensure that each member has sufficient
25		familiarity with the board's or governing body's role and
26		responsibilities, including financial oversight and

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1		accountability of the school, evaluating the principal's and
2		school's performance, adherence to the Freedom of Information
3		Act and the Open Meetings Act, and compliance with education
4		and labor law. In each subsequent year of his or her term, a
5		voting member of a charter school's board of directors or
6		other governing body shall complete a minimum of 2 hours of
7		professional development training in these same areas. The
8		training under this subsection may be provided or certified by
9		a statewide charter school membership association or may be
10		provided or certified by other qualified providers approved by
11		the State Board of Education.
12		(d) For purposes of this subsection (d), "non-curricular
13		health and safety requirement" means any health and safety
14		requirement created by statute or rule to provide, maintain,
15		preserve, or safeguard safe or healthful conditions for
16		students and school personnel or to eliminate, reduce, or
17		prevent threats to the health and safety of students and
18		school personnel. "Non-curricular health and safety
19		requirement" does not include any course of study or
20		specialized instructional requirement for which the State
21		Board has established goals and learning standards or which is
22		designed primarily to impart knowledge and skills for students
23		to master and apply as an outcome of their education.
24		A charter school shall comply with all non-curricular
25		health and safety requirements applicable to public schools
26		under the laws of the State of Illinois. On or before September

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1		1, 2015, the State Board shall promulgate and post on its
2		Internet website a list of non-curricular health and safety
3		requirements that a charter school must meet. The list shall
4		be updated annually no later than September 1. Any charter
5		contract between a charter school and its authorizer must
6		contain a provision that requires the charter school to follow
7		the list of all non-curricular health and safety requirements
8		promulgated by the State Board and any non-curricular health
9		and safety requirements added by the State Board to such list
10		during the term of the charter. Nothing in this subsection (d)
11		precludes an authorizer from including non-curricular health
12		and safety requirements in a charter school contract that are
13		not contained in the list promulgated by the State Board,
14		including non-curricular health and safety requirements of the
15		authorizing local school board.
16		(e) Except as otherwise provided in the School Code, a
17		charter school shall not charge tuition; provided that a
18		charter school may charge reasonable fees for textbooks,
19		instructional materials, and student activities.
20		(f) A charter school shall be responsible for the
21		management and operation of its fiscal affairs, including, but
22		not limited to, the preparation of its budget. An audit of each
23		charter school's finances shall be conducted annually by an
24		outside, independent contractor retained by the charter
25		school. The contractor shall not be an employee of the charter
26		school or affiliated with the charter school or its authorizer

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1		in any way, other than to audit the charter school's finances.
2		To ensure financial accountability for the use of public
3		funds, on or before December 1 of every year of operation, each
4		charter school shall submit to its authorizer and the State
5		Board a copy of its audit and a copy of the Form 990 the
6		charter school filed that year with the federal Internal
7		Revenue Service. In addition, if deemed necessary for proper
8		financial oversight of the charter school, an authorizer may
9		require quarterly financial statements from each charter
10		school.
11		(g) A charter school shall comply with all provisions of
12		this Article, the Illinois Educational Labor Relations Act,
13		all federal and State laws and rules applicable to public
14		schools that pertain to special education and the instruction
15		of English learners, and its charter. A charter school is
16		exempt from all other State laws and regulations in this Code
17		governing public schools and local school board policies;
18		however, a charter school is not exempt from the following:
19		(1) Sections 10-21.9 and 34-18.5 of this Code
20		regarding criminal history records checks and checks of
21		the Statewide Sex Offender Database and Statewide Murderer
22		and Violent Offender Against Youth Database of applicants
23		for employment;
24		(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
25		34-84a of this Code regarding discipline of students;
26		(3) the Local Governmental and Governmental Employees

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1		Tort Immunity Act;
2		(4) Section 108.75 of the General Not For Profit
3		Corporation Act of 1986 regarding indemnification of
4		officers, directors, employees, and agents;
5		(5) the Abused and Neglected Child Reporting Act;
6		(5.5) subsection (b) of Section 10-23.12 and
7		subsection (b) of Section 34-18.6 of this Code;
8		(6) the Illinois School Student Records Act;
9		(7) Section 10-17a of this Code regarding school
10		report cards;
11		(8) the P-20 Longitudinal Education Data System Act;
12		(9) Section 27-23.7 of this Code regarding bullying
13		prevention;
14		(10) Section 2-3.162 of this Code regarding student
15		discipline reporting;
16		(11) Sections 22-80 and 27-8.1 of this Code;
17		(12) Sections 10-20.60 and 34-18.53 of this Code;
18		(13) Sections 10-20.63 and 34-18.56 of this Code;
19		(14) Section 26-18 of this Code;
20		(15) Section 22-30 of this Code;
21		(16) Sections 24-12 and 34-85 of this Code; and
22		(17) the Seizure Smart School Act;
23		(18) Section 2-3.64a-10 of this Code; and
24		(19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
25		(20) (19) Section 10-22.25b of this Code; .
26		(21) (19) Section 27-9.1a of this Code;

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1		(22) (20) Section 27-9.1b of this Code; and
2		(23) (21) Section 34-18.8 of this Code; .
3		(25) (19) Section 2-3.188 of this Code; and
4		(26) (20) Section 22-85.5 of this Code.
5		The change made by Public Act 96-104 to this subsection
6		(g) is declaratory of existing law.
7		(h) A charter school may negotiate and contract with a
8		school district, the governing body of a State college or
9		university or public community college, or any other public or
10		for-profit or nonprofit private entity for: (i) the use of a
11		school building and grounds or any other real property or
12		facilities that the charter school desires to use or convert
13		for use as a charter school site, (ii) the operation and
14		maintenance thereof, and (iii) the provision of any service,
15		activity, or undertaking that the charter school is required
16		to perform in order to carry out the terms of its charter.
17		However, a charter school that is established on or after
18		April 16, 2003 (the effective date of Public Act 93-3) and that
19		operates in a city having a population exceeding 500,000 may
20		not contract with a for-profit entity to manage or operate the
21		school during the period that commences on April 16, 2003 (the
22		effective date of Public Act 93-3) and concludes at the end of
23		the 2004-2005 school year. Except as provided in subsection
24		(i) of this Section, a school district may charge a charter
25		school reasonable rent for the use of the district's
26		buildings, grounds, and facilities. Any services for which a

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1		charter school contracts with a school district shall be
2		provided by the district at cost. Any services for which a
3		charter school contracts with a local school board or with the
4		governing body of a State college or university or public
5		community college shall be provided by the public entity at
6		cost.
7		(i) In no event shall a charter school that is established
8		by converting an existing school or attendance center to
9		charter school status be required to pay rent for space that is
10		deemed available, as negotiated and provided in the charter
11		agreement, in school district facilities. However, all other
12		costs for the operation and maintenance of school district
13		facilities that are used by the charter school shall be
14		subject to negotiation between the charter school and the
15		local school board and shall be set forth in the charter.
16		(j) A charter school may limit student enrollment by age
17		or grade level.
18		(k) If the charter school is approved by the State Board or
19		Commission, then the charter school is its own local education
20		agency.
21		(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
22		101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
23		8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360,
24		eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21;
25		102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised
26		12-21-21.)

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1		(Text of Section after amendment by P.A. 102-157 but
2		before amendment by P.A. 102-466)
3		Sec. 27A-5. Charter school; legal entity; requirements.
4		(a) A charter school shall be a public, nonsectarian,
5		nonreligious, non-home based, and non-profit school. A charter
6		school shall be organized and operated as a nonprofit
7		corporation or other discrete, legal, nonprofit entity
8		authorized under the laws of the State of Illinois.
9		(b) A charter school may be established under this Article
10		by creating a new school or by converting an existing public
11		school or attendance center to charter school status.
12		Beginning on April 16, 2003 (the effective date of Public Act
13		93-3), in all new applications to establish a charter school
14		in a city having a population exceeding 500,000, operation of
15		the charter school shall be limited to one campus. The changes
16		made to this Section by Public Act 93-3 do not apply to charter
17		schools existing or approved on or before April 16, 2003 (the
18		effective date of Public Act 93-3).
19		(b-5) In this subsection (b-5), "virtual-schooling" means
20		a cyber school where students engage in online curriculum and
21		instruction via the Internet and electronic communication with
22		their teachers at remote locations and with students
23		participating at different times.
24		From April 1, 2013 through December 31, 2016, there is a
25		moratorium on the establishment of charter schools with

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1		virtual-schooling components in school districts other than a
2		school district organized under Article 34 of this Code. This
3		moratorium does not apply to a charter school with
4		virtual-schooling components existing or approved prior to
5		April 1, 2013 or to the renewal of the charter of a charter
6		school with virtual-schooling components already approved
7		prior to April 1, 2013.
8		(c) A charter school shall be administered and governed by
9		its board of directors or other governing body in the manner
10		provided in its charter. The governing body of a charter
11		school shall be subject to the Freedom of Information Act and
12		the Open Meetings Act. No later than January 1, 2021 (one year
13		after the effective date of Public Act 101-291), a charter
14		school's board of directors or other governing body must
15		include at least one parent or guardian of a pupil currently
16		enrolled in the charter school who may be selected through the
17		charter school or a charter network election, appointment by
18		the charter school's board of directors or other governing
19		body, or by the charter school's Parent Teacher Organization
20		or its equivalent.
21		(c-5) No later than January 1, 2021 (one year after the
22		effective date of Public Act 101-291) or within the first year
23		of his or her first term, every voting member of a charter
24		school's board of directors or other governing body shall
25		complete a minimum of 4 hours of professional development
26		leadership training to ensure that each member has sufficient

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1		familiarity with the board's or governing body's role and
2		responsibilities, including financial oversight and
3		accountability of the school, evaluating the principal's and
4		school's performance, adherence to the Freedom of Information
5		Act and the Open Meetings Act, and compliance with education
6		and labor law. In each subsequent year of his or her term, a
7		voting member of a charter school's board of directors or
8		other governing body shall complete a minimum of 2 hours of
9		professional development training in these same areas. The
10		training under this subsection may be provided or certified by
11		a statewide charter school membership association or may be
12		provided or certified by other qualified providers approved by
13		the State Board of Education.
14		(d) For purposes of this subsection (d), "non-curricular
15		health and safety requirement" means any health and safety
16		requirement created by statute or rule to provide, maintain,
17		preserve, or safeguard safe or healthful conditions for
18		students and school personnel or to eliminate, reduce, or
19		prevent threats to the health and safety of students and
20		school personnel. "Non-curricular health and safety
21		requirement" does not include any course of study or
22		specialized instructional requirement for which the State
23		Board has established goals and learning standards or which is
24		designed primarily to impart knowledge and skills for students
25		to master and apply as an outcome of their education.
26		A charter school shall comply with all non-curricular

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1		health and safety requirements applicable to public schools
2		under the laws of the State of Illinois. On or before September
3		1, 2015, the State Board shall promulgate and post on its
4		Internet website a list of non-curricular health and safety
5		requirements that a charter school must meet. The list shall
6		be updated annually no later than September 1. Any charter
7		contract between a charter school and its authorizer must
8		contain a provision that requires the charter school to follow
9		the list of all non-curricular health and safety requirements
10		promulgated by the State Board and any non-curricular health
11		and safety requirements added by the State Board to such list
12		during the term of the charter. Nothing in this subsection (d)
13		precludes an authorizer from including non-curricular health
14		and safety requirements in a charter school contract that are
15		not contained in the list promulgated by the State Board,
16		including non-curricular health and safety requirements of the
17		authorizing local school board.
18		(e) Except as otherwise provided in the School Code, a
19		charter school shall not charge tuition; provided that a
20		charter school may charge reasonable fees for textbooks,
21		instructional materials, and student activities.
22		(f) A charter school shall be responsible for the
23		management and operation of its fiscal affairs, including, but
24		not limited to, the preparation of its budget. An audit of each
25		charter school's finances shall be conducted annually by an
26		outside, independent contractor retained by the charter

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1		school. The contractor shall not be an employee of the charter
2		school or affiliated with the charter school or its authorizer
3		in any way, other than to audit the charter school's finances.
4		To ensure financial accountability for the use of public
5		funds, on or before December 1 of every year of operation, each
6		charter school shall submit to its authorizer and the State
7		Board a copy of its audit and a copy of the Form 990 the
8		charter school filed that year with the federal Internal
9		Revenue Service. In addition, if deemed necessary for proper
10		financial oversight of the charter school, an authorizer may
11		require quarterly financial statements from each charter
12		school.
13		(g) A charter school shall comply with all provisions of
14		this Article, the Illinois Educational Labor Relations Act,
15		all federal and State laws and rules applicable to public
16		schools that pertain to special education and the instruction
17		of English learners, and its charter. A charter school is
18		exempt from all other State laws and regulations in this Code
19		governing public schools and local school board policies;
20		however, a charter school is not exempt from the following:
21		(1) Sections 10-21.9 and 34-18.5 of this Code
22		regarding criminal history records checks and checks of
23		the Statewide Sex Offender Database and Statewide Murderer
24		and Violent Offender Against Youth Database of applicants
25		for employment;
26		(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

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1		34-84a of this Code regarding discipline of students;
2		(3) the Local Governmental and Governmental Employees
3		Tort Immunity Act;
4		(4) Section 108.75 of the General Not For Profit
5		Corporation Act of 1986 regarding indemnification of
6		officers, directors, employees, and agents;
7		(5) the Abused and Neglected Child Reporting Act;
8		(5.5) subsection (b) of Section 10-23.12 and
9		subsection (b) of Section 34-18.6 of this Code;
10		(6) the Illinois School Student Records Act;
11		(7) Section 10-17a of this Code regarding school
12		report cards;
13		(8) the P-20 Longitudinal Education Data System Act;
14		(9) Section 27-23.7 of this Code regarding bullying
15		prevention;
16		(10) Section 2-3.162 of this Code regarding student
17		discipline reporting;
18		(11) Sections 22-80 and 27-8.1 of this Code;
19		(12) Sections 10-20.60 and 34-18.53 of this Code;
20		(13) Sections 10-20.63 and 34-18.56 of this Code;
21		(14) Sections 22-90 and 26-18 of this Code;
22		(15) Section 22-30 of this Code;
23		(16) Sections 24-12 and 34-85 of this Code; and
24		(17) the Seizure Smart School Act;
25		(18) Section 2-3.64a-10 of this Code; and
26		(19) (18) Sections 10-20.73 and 34-21.9 of this Code; .

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1		(20) (19) Section 10-22.25b of this Code; .
2		(21) (19) Section 27-9.1a of this Code;
3		(22) (20) Section 27-9.1b of this Code; and
4		(23) (21) Section 34-18.8 of this Code; .
5		(25) (19) Section 2-3.188 of this Code; and
6		(26) (20) Section 22-85.5 of this Code.
7		The change made by Public Act 96-104 to this subsection
8		(g) is declaratory of existing law.
9		(h) A charter school may negotiate and contract with a
10		school district, the governing body of a State college or
11		university or public community college, or any other public or
12		for-profit or nonprofit private entity for: (i) the use of a
13		school building and grounds or any other real property or
14		facilities that the charter school desires to use or convert
15		for use as a charter school site, (ii) the operation and
16		maintenance thereof, and (iii) the provision of any service,
17		activity, or undertaking that the charter school is required
18		to perform in order to carry out the terms of its charter.
19		However, a charter school that is established on or after
20		April 16, 2003 (the effective date of Public Act 93-3) and that
21		operates in a city having a population exceeding 500,000 may
22		not contract with a for-profit entity to manage or operate the
23		school during the period that commences on April 16, 2003 (the
24		effective date of Public Act 93-3) and concludes at the end of
25		the 2004-2005 school year. Except as provided in subsection
26		(i) of this Section, a school district may charge a charter

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1		school reasonable rent for the use of the district's
2		buildings, grounds, and facilities. Any services for which a
3		charter school contracts with a school district shall be
4		provided by the district at cost. Any services for which a
5		charter school contracts with a local school board or with the
6		governing body of a State college or university or public
7		community college shall be provided by the public entity at
8		cost.
9		(i) In no event shall a charter school that is established
10		by converting an existing school or attendance center to
11		charter school status be required to pay rent for space that is
12		deemed available, as negotiated and provided in the charter
13		agreement, in school district facilities. However, all other
14		costs for the operation and maintenance of school district
15		facilities that are used by the charter school shall be
16		subject to negotiation between the charter school and the
17		local school board and shall be set forth in the charter.
18		(j) A charter school may limit student enrollment by age
19		or grade level.
20		(k) If the charter school is approved by the State Board or
21		Commission, then the charter school is its own local education
22		agency.
23		(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
24		101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
25		8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
26		eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

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1		102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
2		12-3-21; revised 12-21-21.)
3		(Text of Section after amendment by P.A. 102-466)
4		Sec. 27A-5. Charter school; legal entity; requirements.
5		(a) A charter school shall be a public, nonsectarian,
6		nonreligious, non-home based, and non-profit school. A charter
7		school shall be organized and operated as a nonprofit
8		corporation or other discrete, legal, nonprofit entity
9		authorized under the laws of the State of Illinois.
10		(b) A charter school may be established under this Article
11		by creating a new school or by converting an existing public
12		school or attendance center to charter school status.
13		Beginning on April 16, 2003 (the effective date of Public Act
14		93-3), in all new applications to establish a charter school
15		in a city having a population exceeding 500,000, operation of
16		the charter school shall be limited to one campus. The changes
17		made to this Section by Public Act 93-3 do not apply to charter
18		schools existing or approved on or before April 16, 2003 (the
19		effective date of Public Act 93-3).
20		(b-5) In this subsection (b-5), "virtual-schooling" means
21		a cyber school where students engage in online curriculum and
22		instruction via the Internet and electronic communication with
23		their teachers at remote locations and with students
24		participating at different times.
25		From April 1, 2013 through December 31, 2016, there is a

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1		moratorium on the establishment of charter schools with
2		virtual-schooling components in school districts other than a
3		school district organized under Article 34 of this Code. This
4		moratorium does not apply to a charter school with
5		virtual-schooling components existing or approved prior to
6		April 1, 2013 or to the renewal of the charter of a charter
7		school with virtual-schooling components already approved
8		prior to April 1, 2013.
9		(c) A charter school shall be administered and governed by
10		its board of directors or other governing body in the manner
11		provided in its charter. The governing body of a charter
12		school shall be subject to the Freedom of Information Act and
13		the Open Meetings Act. No later than January 1, 2021 (one year
14		after the effective date of Public Act 101-291), a charter
15		school's board of directors or other governing body must
16		include at least one parent or guardian of a pupil currently
17		enrolled in the charter school who may be selected through the
18		charter school or a charter network election, appointment by
19		the charter school's board of directors or other governing
20		body, or by the charter school's Parent Teacher Organization
21		or its equivalent.
22		(c-5) No later than January 1, 2021 (one year after the
23		effective date of Public Act 101-291) or within the first year
24		of his or her first term, every voting member of a charter
25		school's board of directors or other governing body shall
26		complete a minimum of 4 hours of professional development

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1		leadership training to ensure that each member has sufficient
2		familiarity with the board's or governing body's role and
3		responsibilities, including financial oversight and
4		accountability of the school, evaluating the principal's and
5		school's performance, adherence to the Freedom of Information
6		Act and the Open Meetings Act, and compliance with education
7		and labor law. In each subsequent year of his or her term, a
8		voting member of a charter school's board of directors or
9		other governing body shall complete a minimum of 2 hours of
10		professional development training in these same areas. The
11		training under this subsection may be provided or certified by
12		a statewide charter school membership association or may be
13		provided or certified by other qualified providers approved by
14		the State Board of Education.
15		(d) For purposes of this subsection (d), "non-curricular
16		health and safety requirement" means any health and safety
17		requirement created by statute or rule to provide, maintain,
18		preserve, or safeguard safe or healthful conditions for
19		students and school personnel or to eliminate, reduce, or
20		prevent threats to the health and safety of students and
21		school personnel. "Non-curricular health and safety
22		requirement" does not include any course of study or
23		specialized instructional requirement for which the State
24		Board has established goals and learning standards or which is
25		designed primarily to impart knowledge and skills for students
26		to master and apply as an outcome of their education.

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1		A charter school shall comply with all non-curricular
2		health and safety requirements applicable to public schools
3		under the laws of the State of Illinois. On or before September
4		1, 2015, the State Board shall promulgate and post on its
5		Internet website a list of non-curricular health and safety
6		requirements that a charter school must meet. The list shall
7		be updated annually no later than September 1. Any charter
8		contract between a charter school and its authorizer must
9		contain a provision that requires the charter school to follow
10		the list of all non-curricular health and safety requirements
11		promulgated by the State Board and any non-curricular health
12		and safety requirements added by the State Board to such list
13		during the term of the charter. Nothing in this subsection (d)
14		precludes an authorizer from including non-curricular health
15		and safety requirements in a charter school contract that are
16		not contained in the list promulgated by the State Board,
17		including non-curricular health and safety requirements of the
18		authorizing local school board.
19		(e) Except as otherwise provided in the School Code, a
20		charter school shall not charge tuition; provided that a
21		charter school may charge reasonable fees for textbooks,
22		instructional materials, and student activities.
23		(f) A charter school shall be responsible for the
24		management and operation of its fiscal affairs, including, but
25		not limited to, the preparation of its budget. An audit of each
26		charter school's finances shall be conducted annually by an

HB5501 Engrossed - 1118 - LRB102 24698 AMC 33937 b
1		outside, independent contractor retained by the charter
2		school. The contractor shall not be an employee of the charter
3		school or affiliated with the charter school or its authorizer
4		in any way, other than to audit the charter school's finances.
5		To ensure financial accountability for the use of public
6		funds, on or before December 1 of every year of operation, each
7		charter school shall submit to its authorizer and the State
8		Board a copy of its audit and a copy of the Form 990 the
9		charter school filed that year with the federal Internal
10		Revenue Service. In addition, if deemed necessary for proper
11		financial oversight of the charter school, an authorizer may
12		require quarterly financial statements from each charter
13		school.
14		(g) A charter school shall comply with all provisions of
15		this Article, the Illinois Educational Labor Relations Act,
16		all federal and State laws and rules applicable to public
17		schools that pertain to special education and the instruction
18		of English learners, and its charter. A charter school is
19		exempt from all other State laws and regulations in this Code
20		governing public schools and local school board policies;
21		however, a charter school is not exempt from the following:
22		(1) Sections 10-21.9 and 34-18.5 of this Code
23		regarding criminal history records checks and checks of
24		the Statewide Sex Offender Database and Statewide Murderer
25		and Violent Offender Against Youth Database of applicants
26		for employment;

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1		(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
2		34-84a of this Code regarding discipline of students;
3		(3) the Local Governmental and Governmental Employees
4		Tort Immunity Act;
5		(4) Section 108.75 of the General Not For Profit
6		Corporation Act of 1986 regarding indemnification of
7		officers, directors, employees, and agents;
8		(5) the Abused and Neglected Child Reporting Act;
9		(5.5) subsection (b) of Section 10-23.12 and
10		subsection (b) of Section 34-18.6 of this Code;
11		(6) the Illinois School Student Records Act;
12		(7) Section 10-17a of this Code regarding school
13		report cards;
14		(8) the P-20 Longitudinal Education Data System Act;
15		(9) Section 27-23.7 of this Code regarding bullying
16		prevention;
17		(10) Section 2-3.162 of this Code regarding student
18		discipline reporting;
19		(11) Sections 22-80 and 27-8.1 of this Code;
20		(12) Sections 10-20.60 and 34-18.53 of this Code;
21		(13) Sections 10-20.63 and 34-18.56 of this Code;
22		(14) Sections 22-90 and 26-18 of this Code;
23		(15) Section 22-30 of this Code;
24		(16) Sections 24-12 and 34-85 of this Code; and
25		(17) the Seizure Smart School Act;
26		(18) Section 2-3.64a-10 of this Code; and

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1		(19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
2		(20) (19) Section 10-22.25b of this Code; .
3		(21) (19) Section 27-9.1a of this Code;
4		(22) (20) Section 27-9.1b of this Code; and
5		(23) (21) Section 34-18.8 of this Code; .
6		(24) (19) Article 26A of this Code; .
7		(25) (19) Section 2-3.188 of this Code; and
8		(26) (20) Section 22-85.5 of this Code.
9		The change made by Public Act 96-104 to this subsection
10		(g) is declaratory of existing law.
11		(h) A charter school may negotiate and contract with a
12		school district, the governing body of a State college or
13		university or public community college, or any other public or
14		for-profit or nonprofit private entity for: (i) the use of a
15		school building and grounds or any other real property or
16		facilities that the charter school desires to use or convert
17		for use as a charter school site, (ii) the operation and
18		maintenance thereof, and (iii) the provision of any service,
19		activity, or undertaking that the charter school is required
20		to perform in order to carry out the terms of its charter.
21		However, a charter school that is established on or after
22		April 16, 2003 (the effective date of Public Act 93-3) and that
23		operates in a city having a population exceeding 500,000 may
24		not contract with a for-profit entity to manage or operate the
25		school during the period that commences on April 16, 2003 (the
26		effective date of Public Act 93-3) and concludes at the end of

HB5501 Engrossed - 1121 - LRB102 24698 AMC 33937 b
1		the 2004-2005 school year. Except as provided in subsection
2		(i) of this Section, a school district may charge a charter
3		school reasonable rent for the use of the district's
4		buildings, grounds, and facilities. Any services for which a
5		charter school contracts with a school district shall be
6		provided by the district at cost. Any services for which a
7		charter school contracts with a local school board or with the
8		governing body of a State college or university or public
9		community college shall be provided by the public entity at
10		cost.
11		(i) In no event shall a charter school that is established
12		by converting an existing school or attendance center to
13		charter school status be required to pay rent for space that is
14		deemed available, as negotiated and provided in the charter
15		agreement, in school district facilities. However, all other
16		costs for the operation and maintenance of school district
17		facilities that are used by the charter school shall be
18		subject to negotiation between the charter school and the
19		local school board and shall be set forth in the charter.
20		(j) A charter school may limit student enrollment by age
21		or grade level.
22		(k) If the charter school is approved by the State Board or
23		Commission, then the charter school is its own local education
24		agency.
25		(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
26		101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.

HB5501 Engrossed - 1122 - LRB102 24698 AMC 33937 b
1		8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
2		eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
3		102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
4		8-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)
5		(105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
6		Sec. 29-5. Reimbursement by State for transportation. Any
7		school district, maintaining a school, transporting resident
8		pupils to another school district's vocational program,
9		offered through a joint agreement approved by the State Board
10		of Education, as provided in Section 10-22.22 or transporting
11		its resident pupils to a school which meets the standards for
12		recognition as established by the State Board of Education
13		which provides transportation meeting the standards of safety,
14		comfort, convenience, efficiency and operation prescribed by
15		the State Board of Education for resident pupils in
16		kindergarten or any of grades 1 through 12 who: (a) reside at
17		least 1 1/2 miles as measured by the customary route of travel,
18		from the school attended; or (b) reside in areas where
19		conditions are such that walking constitutes a hazard to the
20		safety of the child when determined under Section 29-3; and
21		(c) are transported to the school attended from pick-up points
22		at the beginning of the school day and back again at the close
23		of the school day or transported to and from their assigned
24		attendance centers during the school day, shall be reimbursed
25		by the State as hereinafter provided in this Section.

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1		The State will pay the prorated allowable cost of
2		transporting eligible pupils less the real equalized assessed
3		valuation as computed under paragraph (3) of subsection (d) of
4		Section 18-8.15 in a dual school district maintaining
5		secondary grades 9 to 12 inclusive times a qualifying rate of
6		.05%; in elementary school districts maintaining grades K to 8
7		times a qualifying rate of .06%; and in unit districts
8		maintaining grades K to 12, including partial elementary unit
9		districts formed pursuant to Article 11E, times a qualifying
10		rate of .07%. To be eligible to receive reimbursement in
11		excess of 4/5 of the cost to transport eligible pupils, a
12		school district or partial elementary unit district formed
13		pursuant to Article 11E shall have a Transportation Fund tax
14		rate of at least .12%. The Transportation Fund tax rate for a
15		partial elementary unit district formed pursuant Article 11E
16		shall be the combined elementary and high school rates
17		pursuant to paragraph (4) of subsection (a) of Section
18		18-8.15. If a school district or partial elementary unit
19		district formed pursuant to Article 11E does not have a .12%
20		Transportation Fund tax rate, the amount of its claim in
21		excess of 4/5 of the cost of transporting pupils shall be
22		reduced by the sum arrived at by subtracting the
23		Transportation Fund tax rate from .12% and multiplying that
24		amount by the district's real equalized assessed valuation as
25		computed under paragraph (3) of subsection (d) of Section
26		18-8.15, provided that in no case shall said reduction result

HB5501 Engrossed - 1124 - LRB102 24698 AMC 33937 b
1		in reimbursement of less than 4/5 of the cost to transport
2		eligible pupils.
3		The minimum amount to be received by a district is $16
4		times the number of eligible pupils transported.
5		When calculating the reimbursement for transportation
6		costs, the State Board of Education may not deduct the number
7		of pupils enrolled in early education programs from the number
8		of pupils eligible for reimbursement if the pupils enrolled in
9		the early education programs are transported at the same time
10		as other eligible pupils.
11		Any such district transporting resident pupils during the
12		school day to an area vocational school or another school
13		district's vocational program more than 1 1/2 miles from the
14		school attended, as provided in Sections 10-22.20a and
15		10-22.22, shall be reimbursed by the State for 4/5 of the cost
16		of transporting eligible pupils.
17		School day means that period of time during which the
18		pupil is required to be in attendance for instructional
19		purposes.
20		If a pupil is at a location within the school district
21		other than his residence for child care purposes at the time
22		for transportation to school, that location may be considered
23		for purposes of determining the 1 1/2 miles from the school
24		attended.
25		Claims for reimbursement that include children who attend
26		any school other than a public school shall show the number of

HB5501 Engrossed - 1125 - LRB102 24698 AMC 33937 b
1		such children transported.
2		Claims for reimbursement under this Section shall not be
3		paid for the transportation of pupils for whom transportation
4		costs are claimed for payment under other Sections of this
5		Act.
6		The allowable direct cost of transporting pupils for
7		regular, vocational, and special education pupil
8		transportation shall be limited to the sum of the cost of
9		physical examinations required for employment as a school bus
10		driver; the salaries of full-time or part-time drivers and
11		school bus maintenance personnel; employee benefits excluding
12		Illinois municipal retirement payments, social security
13		payments, unemployment insurance payments and workers'
14		compensation insurance premiums; expenditures to independent
15		carriers who operate school buses; payments to other school
16		districts for pupil transportation services; pre-approved
17		contractual expenditures for computerized bus scheduling;
18		expenditures for housing assistance and homeless prevention
19		under Sections 1-17 and 1-18 of the Education for Homeless
20		Children Act that are not in excess of the school district's
21		actual costs for providing transportation services and are not
22		otherwise claimed in another State or federal grant that
23		permits those costs to a parent, a legal guardian, any other
24		person who enrolled a pupil, or a homeless assistance agency
25		that is part of the federal McKinney-Vento Homeless Assistance
26		Act's continuum of care for the area in which the district is

HB5501 Engrossed - 1126 - LRB102 24698 AMC 33937 b
1		located; the cost of gasoline, oil, tires, and other supplies
2		necessary for the operation of school buses; the cost of
3		converting buses' gasoline engines to more fuel efficient
4		engines or to engines which use alternative energy sources;
5		the cost of travel to meetings and workshops conducted by the
6		regional superintendent or the State Superintendent of
7		Education pursuant to the standards established by the
8		Secretary of State under Section 6-106 of the Illinois Vehicle
9		Code to improve the driving skills of school bus drivers; the
10		cost of maintenance of school buses including parts and
11		materials used; expenditures for leasing transportation
12		vehicles, except interest and service charges; the cost of
13		insurance and licenses for transportation vehicles;
14		expenditures for the rental of transportation equipment; plus
15		a depreciation allowance of 20% for 5 years for school buses
16		and vehicles approved for transporting pupils to and from
17		school and a depreciation allowance of 10% for 10 years for
18		other transportation equipment so used. Each school year, if a
19		school district has made expenditures to the Regional
20		Transportation Authority or any of its service boards, a mass
21		transit district, or an urban transportation district under an
22		intergovernmental agreement with the district to provide for
23		the transportation of pupils and if the public transit carrier
24		received direct payment for services or passes from a school
25		district within its service area during the 2000-2001 school
26		year, then the allowable direct cost of transporting pupils

HB5501 Engrossed - 1127 - LRB102 24698 AMC 33937 b
1		for regular, vocational, and special education pupil
2		transportation shall also include the expenditures that the
3		district has made to the public transit carrier. In addition
4		to the above allowable costs, school districts shall also
5		claim all transportation supervisory salary costs, including
6		Illinois municipal retirement payments, and all transportation
7		related building and building maintenance costs without
8		limitation.
9		Special education allowable costs shall also include
10		expenditures for the salaries of attendants or aides for that
11		portion of the time they assist special education pupils while
12		in transit and expenditures for parents and public carriers
13		for transporting special education pupils when pre-approved by
14		the State Superintendent of Education.
15		Indirect costs shall be included in the reimbursement
16		claim for districts which own and operate their own school
17		buses. Such indirect costs shall include administrative costs,
18		or any costs attributable to transporting pupils from their
19		attendance centers to another school building for
20		instructional purposes. No school district which owns and
21		operates its own school buses may claim reimbursement for
22		indirect costs which exceed 5% of the total allowable direct
23		costs for pupil transportation.
24		The State Board of Education shall prescribe uniform
25		regulations for determining the above standards and shall
26		prescribe forms of cost accounting and standards of

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1		determining reasonable depreciation. Such depreciation shall
2		include the cost of equipping school buses with the safety
3		features required by law or by the rules, regulations and
4		standards promulgated by the State Board of Education, and the
5		Department of Transportation for the safety and construction
6		of school buses provided, however, any equipment cost
7		reimbursed by the Department of Transportation for equipping
8		school buses with such safety equipment shall be deducted from
9		the allowable cost in the computation of reimbursement under
10		this Section in the same percentage as the cost of the
11		equipment is depreciated.
12		On or before August 15, annually, the chief school
13		administrator for the district shall certify to the State
14		Superintendent of Education the district's claim for
15		reimbursement for the school year ending on June 30 next
16		preceding. The State Superintendent of Education shall check
17		and approve the claims and prepare the vouchers showing the
18		amounts due for district reimbursement claims. Each fiscal
19		year, the State Superintendent of Education shall prepare and
20		transmit the first 3 vouchers to the Comptroller on the 30th
21		day of September, December and March, respectively, and the
22		final voucher, no later than June 20.
23		If the amount appropriated for transportation
24		reimbursement is insufficient to fund total claims for any
25		fiscal year, the State Board of Education shall reduce each
26		school district's allowable costs and flat grant amount

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1		proportionately to make total adjusted claims equal the total
2		amount appropriated.
3		For purposes of calculating claims for reimbursement under
4		this Section for any school year beginning July 1, 2016, the
5		equalized assessed valuation for a school district or partial
6		elementary unit district formed pursuant to Article 11E used
7		to compute reimbursement shall be the real equalized assessed
8		valuation as computed under paragraph (3) of subsection (d) of
9		Section 18-8.15.
10		All reimbursements received from the State shall be
11		deposited into the district's transportation fund or into the
12		fund from which the allowable expenditures were made.
13		Notwithstanding any other provision of law, any school
14		district receiving a payment under this Section or under
15		Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
16		classify all or a portion of the funds that it receives in a
17		particular fiscal year or from State aid pursuant to Section
18		18-8.15 of this Code as funds received in connection with any
19		funding program for which it is entitled to receive funds from
20		the State in that fiscal year (including, without limitation,
21		any funding program referenced in this Section), regardless of
22		the source or timing of the receipt. The district may not
23		classify more funds as funds received in connection with the
24		funding program than the district is entitled to receive in
25		that fiscal year for that program. Any classification by a
26		district must be made by a resolution of its board of

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1		education. The resolution must identify the amount of any
2		payments or general State aid to be classified under this
3		paragraph and must specify the funding program to which the
4		funds are to be treated as received in connection therewith.
5		This resolution is controlling as to the classification of
6		funds referenced therein. A certified copy of the resolution
7		must be sent to the State Superintendent of Education. The
8		resolution shall still take effect even though a copy of the
9		resolution has not been sent to the State Superintendent of
10		Education in a timely manner. No classification under this
11		paragraph by a district shall affect the total amount or
12		timing of money the district is entitled to receive under this
13		Code. No classification under this paragraph by a district
14		shall in any way relieve the district from or affect any
15		requirements that otherwise would apply with respect to that
16		funding program, including any accounting of funds by source,
17		reporting expenditures by original source and purpose,
18		reporting requirements, or requirements of providing services.
19		Any school district with a population of not more than
20		500,000 must deposit all funds received under this Article
21		into the transportation fund and use those funds for the
22		provision of transportation services.
23		(Source: P.A. 102-539, eff. 8-20-21; revised 11-29-21.)
24		(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
25		Sec. 34-2.1. Local school councils; composition; voter

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1		eligibility; elections; terms.
2		(a) Beginning with the first local school council election
3		that occurs after December 3, 2021 (the effective date of
4		Public Act 102-677) this amendatory Act of the 102nd General
5		Assembly, a local school council shall be established for each
6		attendance center within the school district, including public
7		small schools within the district. Each local school council
8		shall consist of the following 12 voting members: the
9		principal of the attendance center, 2 teachers employed and
10		assigned to perform the majority of their employment duties at
11		the attendance center, 6 parents of students currently
12		enrolled at the attendance center, one employee of the school
13		district employed and assigned to perform the majority of his
14		or her employment duties at the attendance center who is not a
15		teacher, and 2 community residents. Neither the parents nor
16		the community residents who serve as members of the local
17		school council shall be employees of the Board of Education.
18		In each secondary attendance center, the local school council
19		shall consist of 13 voting members through the 2020-2021
20		school year, the 12 voting members described above and one
21		full-time student member, and 15 voting members beginning with
22		the 2021-2022 school year, the 12 voting members described
23		above and 3 full-time student members, appointed as provided
24		in subsection (m) below. In each attendance center enrolling
25		students in 7th and 8th grade, one full-time student member
26		shall be appointed as provided in subsection (m) of this

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1		Section. In the event that the chief executive officer of the
2		Chicago School Reform Board of Trustees determines that a
3		local school council is not carrying out its financial duties
4		effectively, the chief executive officer is authorized to
5		appoint a representative of the business community with
6		experience in finance and management to serve as an advisor to
7		the local school council for the purpose of providing advice
8		and assistance to the local school council on fiscal matters.
9		The advisor shall have access to relevant financial records of
10		the local school council. The advisor may attend executive
11		sessions. The chief executive officer shall issue a written
12		policy defining the circumstances under which a local school
13		council is not carrying out its financial duties effectively.
14		(b) Within 7 days of January 11, 1991, the Mayor shall
15		appoint the members and officers (a Chairperson who shall be a
16		parent member and a Secretary) of each local school council
17		who shall hold their offices until their successors shall be
18		elected and qualified. Members so appointed shall have all the
19		powers and duties of local school councils as set forth in
20		Public Act 86-1477. The Mayor's appointments shall not require
21		approval by the City Council.
22		The membership of each local school council shall be
23		encouraged to be reflective of the racial and ethnic
24		composition of the student population of the attendance center
25		served by the local school council.
26		(c) Beginning with the 1995-1996 school year and in every

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1		even-numbered year thereafter, the Board shall set second
2		semester Parent Report Card Pick-up Day for Local School
3		Council elections and may schedule elections at year-round
4		schools for the same dates as the remainder of the school
5		system. Elections shall be conducted as provided herein by the
6		Board of Education in consultation with the local school
7		council at each attendance center.
8		(c-5) Notwithstanding subsection (c), for the local school
9		council election set for the 2019-2020 school year, the Board
10		may hold the election on the first semester Parent Report Card
11		Pick-up Day of the 2020-2021 school year, making any necessary
12		modifications to the election process or date to comply with
13		guidance from the Department of Public Health and the federal
14		Centers for Disease Control and Prevention. The terms of
15		office of all local school council members eligible to serve
16		and seated on or after March 23, 2020 through January 10, 2021
17		are extended through January 10, 2021, provided that the
18		members continue to meet eligibility requirements for local
19		school council membership.
20		(d) Beginning with the 1995-96 school year, the following
21		procedures shall apply to the election of local school council
22		members at each attendance center:
23		(i) The elected members of each local school council
24		shall consist of the 6 parent members and the 2 community
25		resident members.
26		(ii) Each elected member shall be elected by the

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1		eligible voters of that attendance center to serve for a
2		two-year term commencing on July 1 immediately following
3		the election described in subsection (c), except that the
4		terms of members elected to a local school council under
5		subsection (c-5) shall commence on January 11, 2021 and
6		end on July 1, 2022. Eligible voters for each attendance
7		center shall consist of the parents and community
8		residents for that attendance center.
9		(iii) Each eligible voter shall be entitled to cast
10		one vote for up to a total of 5 candidates, irrespective of
11		whether such candidates are parent or community resident
12		candidates.
13		(iv) Each parent voter shall be entitled to vote in
14		the local school council election at each attendance
15		center in which he or she has a child currently enrolled.
16		Each community resident voter shall be entitled to vote in
17		the local school council election at each attendance
18		center for which he or she resides in the applicable
19		attendance area or voting district, as the case may be.
20		(v) Each eligible voter shall be entitled to vote
21		once, but not more than once, in the local school council
22		election at each attendance center at which the voter is
23		eligible to vote.
24		(vi) The 2 teacher members and the non-teacher
25		employee member of each local school council shall be
26		appointed as provided in subsection (l) below each to

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1		serve for a two-year term coinciding with that of the
2		elected parent and community resident members. From March
3		23, 2020 through January 10, 2021, the chief executive
4		officer or his or her designee may make accommodations to
5		fill the vacancy of a teacher or non-teacher employee
6		member of a local school council.
7		(vii) At secondary attendance centers and attendance
8		centers enrolling students in 7th and 8th grade, the
9		voting student members shall be appointed as provided in
10		subsection (m) below to serve for a one-year term
11		coinciding with the beginning of the terms of the elected
12		parent and community members of the local school council.
13		For the 2020-2021 school year, the chief executive officer
14		or his or her designee may make accommodations to fill the
15		vacancy of a student member of a local school council.
16		(e) The Council shall publicize the date and place of the
17		election by posting notices at the attendance center, in
18		public places within the attendance boundaries of the
19		attendance center and by distributing notices to the pupils at
20		the attendance center, and shall utilize such other means as
21		it deems necessary to maximize the involvement of all eligible
22		voters.
23		(f) Nomination. The Council shall publicize the opening of
24		nominations by posting notices at the attendance center, in
25		public places within the attendance boundaries of the
26		attendance center and by distributing notices to the pupils at

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1		the attendance center, and shall utilize such other means as
2		it deems necessary to maximize the involvement of all eligible
3		voters. Not less than 2 weeks before the election date,
4		persons eligible to run for the Council shall submit their
5		name, date of birth, social security number, if available, and
6		some evidence of eligibility to the Council. The Council shall
7		encourage nomination of candidates reflecting the
8		racial/ethnic population of the students at the attendance
9		center. Each person nominated who runs as a candidate shall
10		disclose, in a manner determined by the Board, any economic
11		interest held by such person, by such person's spouse or
12		children, or by each business entity in which such person has
13		an ownership interest, in any contract with the Board, any
14		local school council or any public school in the school
15		district. Each person nominated who runs as a candidate shall
16		also disclose, in a manner determined by the Board, if he or
17		she ever has been convicted of any of the offenses specified in
18		subsection (c) of Section 34-18.5; provided that neither this
19		provision nor any other provision of this Section shall be
20		deemed to require the disclosure of any information that is
21		contained in any law enforcement record or juvenile court
22		record that is confidential or whose accessibility or
23		disclosure is restricted or prohibited under Section 5-901 or
24		5-905 of the Juvenile Court Act of 1987. Failure to make such
25		disclosure shall render a person ineligible for election or to
26		serve on the local school council. The same disclosure shall

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1		be required of persons under consideration for appointment to
2		the Council pursuant to subsections (l) and (m) of this
3		Section.
4		(f-5) Notwithstanding disclosure, a person who has been
5		convicted of any of the following offenses at any time shall be
6		ineligible for election or appointment to a local school
7		council and ineligible for appointment to a local school
8		council pursuant to subsections (l) and (m) of this Section:
9		(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
10		11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
11		11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12		12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
13		Section 11-14.3, of the Criminal Code of 1961 or the Criminal
14		Code of 2012, or (ii) any offense committed or attempted in any
15		other state or against the laws of the United States, which, if
16		committed or attempted in this State, would have been
17		punishable as one or more of the foregoing offenses.
18		Notwithstanding disclosure, a person who has been convicted of
19		any of the following offenses within the 10 years previous to
20		the date of nomination or appointment shall be ineligible for
21		election or appointment to a local school council: (i) those
22		defined in Section 401.1, 405.1, or 405.2 of the Illinois
23		Controlled Substances Act or (ii) any offense committed or
24		attempted in any other state or against the laws of the United
25		States, which, if committed or attempted in this State, would
26		have been punishable as one or more of the foregoing offenses.

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1		Immediately upon election or appointment, incoming local
2		school council members shall be required to undergo a criminal
3		background investigation, to be completed prior to the member
4		taking office, in order to identify any criminal convictions
5		under the offenses enumerated in Section 34-18.5. The
6		investigation shall be conducted by the Illinois State Police
7		in the same manner as provided for in Section 34-18.5.
8		However, notwithstanding Section 34-18.5, the social security
9		number shall be provided only if available. If it is
10		determined at any time that a local school council member or
11		member-elect has been convicted of any of the offenses
12		enumerated in this Section or failed to disclose a conviction
13		of any of the offenses enumerated in Section 34-18.5, the
14		general superintendent shall notify the local school council
15		member or member-elect of such determination and the local
16		school council member or member-elect shall be removed from
17		the local school council by the Board, subject to a hearing,
18		convened pursuant to Board rule, prior to removal.
19		(g) At least one week before the election date, the
20		Council shall publicize, in the manner provided in subsection
21		(e), the names of persons nominated for election.
22		(h) Voting shall be in person by secret ballot at the
23		attendance center between the hours of 6:00 a.m. and 7:00 p.m.
24		(i) Candidates receiving the highest number of votes shall
25		be declared elected by the Council. In cases of a tie, the
26		Council shall determine the winner by lottery.

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1		(j) The Council shall certify the results of the election
2		and shall publish the results in the minutes of the Council.
3		(k) The general superintendent shall resolve any disputes
4		concerning election procedure or results and shall ensure
5		that, except as provided in subsections (e) and (g), no
6		resources of any attendance center shall be used to endorse or
7		promote any candidate.
8		(l) Beginning with the first local school council election
9		that occurs after December 3, 2021 (the effective date of
10		Public Act 102-677) this amendatory Act of the 102nd General
11		Assembly, in every even numbered year, the Board shall appoint
12		2 teacher members to each local school council. These
13		appointments shall be made in the following manner:
14		(i) The Board shall appoint 2 teachers who are
15		employed and assigned to perform the majority of their
16		employment duties at the attendance center to serve on the
17		local school council of the attendance center for a
18		two-year term coinciding with the terms of the elected
19		parent and community members of that local school council.
20		These appointments shall be made from among those teachers
21		who are nominated in accordance with subsection (f).
22		(ii) A non-binding, advisory poll to ascertain the
23		preferences of the school staff regarding appointments of
24		teachers to the local school council for that attendance
25		center shall be conducted in accordance with the
26		procedures used to elect parent and community Council

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1		representatives. At such poll, each member of the school
2		staff shall be entitled to indicate his or her preference
3		for up to 2 candidates from among those who submitted
4		statements of candidacy as described above. These
5		preferences shall be advisory only and the Board shall
6		maintain absolute discretion to appoint teacher members to
7		local school councils, irrespective of the preferences
8		expressed in any such poll. Prior to the appointment of
9		staff members to local school councils, the Board shall
10		make public the vetting process of staff member
11		candidates. Any staff member seeking candidacy shall be
12		allowed to make an inquiry to the Board to determine if the
13		Board may deny the appointment of the staff member. An
14		inquiry made to the Board shall be made in writing in
15		accordance with Board procedure.
16		(iii) In the event that a teacher representative is
17		unable to perform his or her employment duties at the
18		school due to illness, disability, leave of absence,
19		disciplinary action, or any other reason, the Board shall
20		declare a temporary vacancy and appoint a replacement
21		teacher representative to serve on the local school
22		council until such time as the teacher member originally
23		appointed pursuant to this subsection (l) resumes service
24		at the attendance center or for the remainder of the term.
25		The replacement teacher representative shall be appointed
26		in the same manner and by the same procedures as teacher

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1		representatives are appointed in subdivisions (i) and (ii)
2		of this subsection (l).
3		(m) Beginning with the 1995-1996 school year through the
4		2020-2021 school year, the Board shall appoint one student
5		member to each secondary attendance center. Beginning with the
6		2021-2022 school year and for every school year thereafter,
7		the Board shall appoint 3 student members to the local school
8		council of each secondary attendance center and one student
9		member to the local school council of each attendance center
10		enrolling students in 7th and 8th grade. Students enrolled in
11		grade 6 or above are eligible to be candidates for a local
12		school council. No attendance center enrolling students in 7th
13		and 8th grade may have more than one student member, unless the
14		attendance center enrolls students in grades 7 through 12, in
15		which case the attendance center may have a total of 3 student
16		members on the local school council. The Board may establish
17		criteria for students to be considered eligible to serve as a
18		student member. These appointments shall be made in the
19		following manner:
20		(i) Appointments shall be made from among those
21		students who submit statements of candidacy to the
22		principal of the attendance center, such statements to be
23		submitted commencing on the first day of the twentieth
24		week of school and continuing for 2 weeks thereafter. The
25		form and manner of such candidacy statements shall be
26		determined by the Board.

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1		(ii) During the twenty-second week of school in every
2		year, the principal of each attendance center shall
3		conduct a binding election to ascertain the preferences of
4		the school students regarding the appointment of students
5		to the local school council for that attendance center. At
6		such election, each student shall be entitled to indicate
7		his or her preference for up to one candidate from among
8		those who submitted statements of candidacy as described
9		above. The Board shall promulgate rules to ensure that
10		these elections are conducted in a fair and equitable
11		manner and maximize the involvement of all school
12		students. In the case of a tie vote, the local school
13		council shall determine the winner by lottery. The
14		preferences expressed in these elections s shall be
15		transmitted by the principal to the Board. These
16		preferences shall be binding on the Board.
17		(iii) (Blank).
18		(n) The Board may promulgate such other rules and
19		regulations for election procedures as may be deemed necessary
20		to ensure fair elections.
21		(o) In the event that a vacancy occurs during a member's
22		term, the Council shall appoint a person eligible to serve on
23		the Council to fill the unexpired term created by the vacancy,
24		except that any teacher or non-teacher staff vacancy shall be
25		filled by the Board after considering the preferences of the
26		school staff as ascertained through a non-binding advisory

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1		poll of school staff. In the case of a student vacancy, the
2		vacancy shall be filled by the preferences of an election poll
3		of students.
4		(p) If less than the specified number of persons is
5		elected within each candidate category, the newly elected
6		local school council shall appoint eligible persons to serve
7		as members of the Council for 2-year terms, as provided in
8		subsection (c-5) of Section 34-2.2 of this Code.
9		(q) The Board shall promulgate rules regarding conflicts
10		of interest and disclosure of economic interests which shall
11		apply to local school council members and which shall require
12		reports or statements to be filed by Council members at
13		regular intervals with the Secretary of the Board. Failure to
14		comply with such rules or intentionally falsifying such
15		reports shall be grounds for disqualification from local
16		school council membership. A vacancy on the Council for
17		disqualification may be so declared by the Secretary of the
18		Board. Rules regarding conflicts of interest and disclosure of
19		economic interests promulgated by the Board shall apply to
20		local school council members. No less than 45 days prior to the
21		deadline, the general superintendent shall provide notice, by
22		mail, to each local school council member of all requirements
23		and forms for compliance with economic interest statements.
24		(r) (1) If a parent member of a local school council ceases
25		to have any child enrolled in the attendance center governed
26		by the Local School Council due to the graduation or voluntary

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1		transfer of a child or children from the attendance center,
2		the parent's membership on the Local School Council and all
3		voting rights are terminated immediately as of the date of the
4		child's graduation or voluntary transfer. If the child of a
5		parent member of a local school council dies during the
6		member's term in office, the member may continue to serve on
7		the local school council for the balance of his or her term.
8		Further, a local school council member may be removed from the
9		Council by a majority vote of the Council as provided in
10		subsection (c) of Section 34-2.2 if the Council member has
11		missed 3 consecutive regular meetings, not including committee
12		meetings, or 5 regular meetings in a 12-month period, not
13		including committee meetings. If a parent member of a local
14		school council ceases to be eligible to serve on the Council
15		for any other reason, he or she shall be removed by the Board
16		subject to a hearing, convened pursuant to Board rule, prior
17		to removal. A vote to remove a Council member by the local
18		school council shall only be valid if the Council member has
19		been notified personally or by certified mail, mailed to the
20		person's last known address, of the Council's intent to vote
21		on the Council member's removal at least 7 days prior to the
22		vote. The Council member in question shall have the right to
23		explain his or her actions and shall be eligible to vote on the
24		question of his or her removal from the Council. The
25		provisions of this subsection shall be contained within the
26		petitions used to nominate Council candidates.

HB5501 Engrossed - 1145 - LRB102 24698 AMC 33937 b
1		(2) A person may continue to serve as a community resident
2		member of a local school council as long as he or she resides
3		in the attendance area served by the school and is not employed
4		by the Board nor is a parent of a student enrolled at the
5		school. If a community resident member ceases to be eligible
6		to serve on the Council, he or she shall be removed by the
7		Board subject to a hearing, convened pursuant to Board rule,
8		prior to removal.
9		(3) A person may continue to serve as a staff member of a
10		local school council as long as he or she is employed and
11		assigned to perform a majority of his or her duties at the
12		school, provided that if the staff representative resigns from
13		employment with the Board or voluntarily transfers to another
14		school, the staff member's membership on the local school
15		council and all voting rights are terminated immediately as of
16		the date of the staff member's resignation or upon the date of
17		the staff member's voluntary transfer to another school. If a
18		staff member of a local school council ceases to be eligible to
19		serve on a local school council for any other reason, that
20		member shall be removed by the Board subject to a hearing,
21		convened pursuant to Board rule, prior to removal.
22		(s) As used in this Section only, "community resident"
23		means a person, 17 years of age or older, residing within an
24		attendance area served by a school, excluding any person who
25		is a parent of a student enrolled in that school; provided that
26		with respect to any multi-area school, community resident

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1		means any person, 17 years of age or older, residing within the
2		voting district established for that school pursuant to
3		Section 34-2.1c, excluding any person who is a parent of a
4		student enrolled in that school. This definition does not
5		apply to any provisions concerning school boards.
6		(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
7		102-538, eff. 8-20-21; 102-677, eff. 12-3-21; revised 1-9-22.)
8		(105 ILCS 5/34-4.5)
9		Sec. 34-4.5. Chronic truants.
10		(a) Socio-emotional focused attendance intervention. The
11		chief executive officer or the chief executive officer's
12		designee shall implement a socio-emotional focused attendance
13		approach that targets the underlying causes of chronic
14		truancy. For each pupil identified as a chronic truant, as
15		defined in Section 26-2a of this Code, the board may establish
16		an individualized student attendance plan to identify and
17		resolve the underlying cause of the pupil's chronic truancy.
18		(b) Notices. Prior to the implementation of any truancy
19		intervention services pursuant to subsection (d) of this
20		Section, the principal of the school attended by the pupil or
21		the principal's designee shall notify the pupil's parent or
22		guardian by personal visit, letter, or telephone of each
23		unexcused absence of the pupil. After giving the parent or
24		guardian notice of the tenth unexcused absence of the pupil,
25		the principal or the principal's designee shall send the

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1		pupil's parent or guardian a letter, by certified mail, return
2		receipt requested, notifying the parent or guardian that he or
3		she is subjecting himself or herself to truancy intervention
4		services as provided under subsection (d) of this Section.
5		(c) (Blank).
6		(d) Truancy intervention services. The chief executive
7		officer or the chief executive officer's designee may require
8		the pupil or the pupil's parent or guardian or both the pupil
9		and the pupil's parent or guardian to do any or all of the
10		following: complete a parenting education program; obtain
11		counseling or other supportive services; and comply with an
12		individualized educational plan or service plan as provided by
13		appropriate school officials. If the parent or guardian of the
14		chronic truant shows that he or she took reasonable steps to
15		ensure attendance of the pupil at school, he or she shall not
16		be required to perform services.
17		(e) Non-compliance with services. Notwithstanding any
18		other provision of law to the contrary, if a pupil determined
19		by the chief executive officer or the chief executive
20		officer's designee to be a chronic truant or the parent or
21		guardian of the pupil fails to fully participate in the
22		services offered under subsection (d) of this Section, the
23		chief executive officer or the chief executive officer's
24		designee may refer the matter to the Department of Human
25		Services, the Department of Healthcare and Family Services, or
26		any other applicable organization or State agency for

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1		socio-emotional based intervention and prevention services.
2		Additionally, if the circumstances regarding a pupil
3		identified as a chronic truant reasonably indicate that the
4		pupil may be subject to abuse or neglect, apart from truancy,
5		the chief executive officer or the chief executive officer's
6		designee must report any findings that support suspected abuse
7		or neglect to the Department of Children and Family Services
8		pursuant to the Abused and Neglected Child Reporting Act. A
9		State agency that receives a referral may enter into a data
10		sharing agreement with the school district to share applicable
11		student referral and case data. A State agency that receives a
12		referral from the school district shall implement an intake
13		process that may include a consent form that allows the agency
14		to share information with the school district..
15		(f) Limitation on applicability. Nothing in this Section
16		shall be construed to apply to a parent or guardian of a pupil
17		not required to attend a public school pursuant to Section
18		26-1.
19		(Source: P.A. 102-456, eff. 1-1-22; revised 10-6-21.)
20		(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
21		Sec. 34-18.5. Criminal history records checks and checks
22		of the Statewide Sex Offender Database and Statewide Murderer
23		and Violent Offender Against Youth Database.
24		(a) Licensed and nonlicensed applicants for employment
25		with the school district are required as a condition of

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1		employment to authorize a fingerprint-based criminal history
2		records check to determine if such applicants have been
3		convicted of any disqualifying, enumerated criminal or drug
4		offense in subsection (c) of this Section or have been
5		convicted, within 7 years of the application for employment
6		with the school district, of any other felony under the laws of
7		this State or of any offense committed or attempted in any
8		other state or against the laws of the United States that, if
9		committed or attempted in this State, would have been
10		punishable as a felony under the laws of this State.
11		Authorization for the check shall be furnished by the
12		applicant to the school district, except that if the applicant
13		is a substitute teacher seeking employment in more than one
14		school district, or a teacher seeking concurrent part-time
15		employment positions with more than one school district (as a
16		reading specialist, special education teacher or otherwise),
17		or an educational support personnel employee seeking
18		employment positions with more than one district, any such
19		district may require the applicant to furnish authorization
20		for the check to the regional superintendent of the
21		educational service region in which are located the school
22		districts in which the applicant is seeking employment as a
23		substitute or concurrent part-time teacher or concurrent
24		educational support personnel employee. Upon receipt of this
25		authorization, the school district or the appropriate regional
26		superintendent, as the case may be, shall submit the

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1		applicant's name, sex, race, date of birth, social security
2		number, fingerprint images, and other identifiers, as
3		prescribed by the Illinois State Police, to the Illinois State
4		Police. The regional superintendent submitting the requisite
5		information to the Illinois State Police shall promptly notify
6		the school districts in which the applicant is seeking
7		employment as a substitute or concurrent part-time teacher or
8		concurrent educational support personnel employee that the
9		check of the applicant has been requested. The Illinois State
10		Police and the Federal Bureau of Investigation shall furnish,
11		pursuant to a fingerprint-based criminal history records
12		check, records of convictions, forever and hereinafter, until
13		expunged, to the president of the school board for the school
14		district that requested the check, or to the regional
15		superintendent who requested the check. The Illinois State
16		Police shall charge the school district or the appropriate
17		regional superintendent a fee for conducting such check, which
18		fee shall be deposited in the State Police Services Fund and
19		shall not exceed the cost of the inquiry; and the applicant
20		shall not be charged a fee for such check by the school
21		district or by the regional superintendent. Subject to
22		appropriations for these purposes, the State Superintendent of
23		Education shall reimburse the school district and regional
24		superintendent for fees paid to obtain criminal history
25		records checks under this Section.
26		(a-5) The school district or regional superintendent shall

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1		further perform a check of the Statewide Sex Offender
2		Database, as authorized by the Sex Offender Community
3		Notification Law, for each applicant. The check of the
4		Statewide Sex Offender Database must be conducted by the
5		school district or regional superintendent once for every 5
6		years that an applicant remains employed by the school
7		district.
8		(a-6) The school district or regional superintendent shall
9		further perform a check of the Statewide Murderer and Violent
10		Offender Against Youth Database, as authorized by the Murderer
11		and Violent Offender Against Youth Community Notification Law,
12		for each applicant. The check of the Murderer and Violent
13		Offender Against Youth Database must be conducted by the
14		school district or regional superintendent once for every 5
15		years that an applicant remains employed by the school
16		district.
17		(b) Any information concerning the record of convictions
18		obtained by the president of the board of education or the
19		regional superintendent shall be confidential and may only be
20		transmitted to the general superintendent of the school
21		district or his designee, the appropriate regional
22		superintendent if the check was requested by the board of
23		education for the school district, the presidents of the
24		appropriate board of education or school boards if the check
25		was requested from the Illinois State Police by the regional
26		superintendent, the State Board of Education and the school

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1		district as authorized under subsection (b-5), the State
2		Superintendent of Education, the State Educator Preparation
3		and Licensure Board or any other person necessary to the
4		decision of hiring the applicant for employment. A copy of the
5		record of convictions obtained from the Illinois State Police
6		shall be provided to the applicant for employment. Upon the
7		check of the Statewide Sex Offender Database or Statewide
8		Murderer and Violent Offender Against Youth Database, the
9		school district or regional superintendent shall notify an
10		applicant as to whether or not the applicant has been
11		identified in the Database. If a check of an applicant for
12		employment as a substitute or concurrent part-time teacher or
13		concurrent educational support personnel employee in more than
14		one school district was requested by the regional
15		superintendent, and the Illinois State Police upon a check
16		ascertains that the applicant has not been convicted of any of
17		the enumerated criminal or drug offenses in subsection (c) of
18		this Section or has not been convicted, within 7 years of the
19		application for employment with the school district, of any
20		other felony under the laws of this State or of any offense
21		committed or attempted in any other state or against the laws
22		of the United States that, if committed or attempted in this
23		State, would have been punishable as a felony under the laws of
24		this State and so notifies the regional superintendent and if
25		the regional superintendent upon a check ascertains that the
26		applicant has not been identified in the Sex Offender Database

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1		or Statewide Murderer and Violent Offender Against Youth
2		Database, then the regional superintendent shall issue to the
3		applicant a certificate evidencing that as of the date
4		specified by the Illinois State Police the applicant has not
5		been convicted of any of the enumerated criminal or drug
6		offenses in subsection (c) of this Section or has not been
7		convicted, within 7 years of the application for employment
8		with the school district, of any other felony under the laws of
9		this State or of any offense committed or attempted in any
10		other state or against the laws of the United States that, if
11		committed or attempted in this State, would have been
12		punishable as a felony under the laws of this State and
13		evidencing that as of the date that the regional
14		superintendent conducted a check of the Statewide Sex Offender
15		Database or Statewide Murderer and Violent Offender Against
16		Youth Database, the applicant has not been identified in the
17		Database. The school board of any school district may rely on
18		the certificate issued by any regional superintendent to that
19		substitute teacher, concurrent part-time teacher, or
20		concurrent educational support personnel employee or may
21		initiate its own criminal history records check of the
22		applicant through the Illinois State Police and its own check
23		of the Statewide Sex Offender Database or Statewide Murderer
24		and Violent Offender Against Youth Database as provided in
25		this Section. Any unauthorized release of confidential
26		information may be a violation of Section 7 of the Criminal

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1		Identification Act.
2		(b-5) If a criminal history records check or check of the
3		Statewide Sex Offender Database or Statewide Murderer and
4		Violent Offender Against Youth Database is performed by a
5		regional superintendent for an applicant seeking employment as
6		a substitute teacher with the school district, the regional
7		superintendent may disclose to the State Board of Education
8		whether the applicant has been issued a certificate under
9		subsection (b) based on those checks. If the State Board
10		receives information on an applicant under this subsection,
11		then it must indicate in the Educator Licensure Information
12		System for a 90-day period that the applicant has been issued
13		or has not been issued a certificate.
14		(c) The board of education shall not knowingly employ a
15		person who has been convicted of any offense that would
16		subject him or her to license suspension or revocation
17		pursuant to Section 21B-80 of this Code, except as provided
18		under subsection (b) of 21B-80. Further, the board of
19		education shall not knowingly employ a person who has been
20		found to be the perpetrator of sexual or physical abuse of any
21		minor under 18 years of age pursuant to proceedings under
22		Article II of the Juvenile Court Act of 1987. As a condition of
23		employment, the board of education must consider the status of
24		a person who has been issued an indicated finding of abuse or
25		neglect of a child by the Department of Children and Family
26		Services under the Abused and Neglected Child Reporting Act or

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1		by a child welfare agency of another jurisdiction.
2		(d) The board of education shall not knowingly employ a
3		person for whom a criminal history records check and a
4		Statewide Sex Offender Database check have not been initiated.
5		(e) Within 10 days after the general superintendent of
6		schools, a regional office of education, or an entity that
7		provides background checks of license holders to public
8		schools receives information of a pending criminal charge
9		against a license holder for an offense set forth in Section
10		21B-80 of this Code, the superintendent, regional office of
11		education, or entity must notify the State Superintendent of
12		Education of the pending criminal charge.
13		No later than 15 business days after receipt of a record of
14		conviction or of checking the Statewide Murderer and Violent
15		Offender Against Youth Database or the Statewide Sex Offender
16		Database and finding a registration, the general
17		superintendent of schools or the applicable regional
18		superintendent shall, in writing, notify the State
19		Superintendent of Education of any license holder who has been
20		convicted of a crime set forth in Section 21B-80 of this Code.
21		Upon receipt of the record of a conviction of or a finding of
22		child abuse by a holder of any license issued pursuant to
23		Article 21B or Section 34-8.1 or 34-83 of this Code, the State
24		Superintendent of Education may initiate licensure suspension
25		and revocation proceedings as authorized by law. If the
26		receipt of the record of conviction or finding of child abuse

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1		is received within 6 months after the initial grant of or
2		renewal of a license, the State Superintendent of Education
3		may rescind the license holder's license.
4		(e-5) The general superintendent of schools shall, in
5		writing, notify the State Superintendent of Education of any
6		license holder whom he or she has reasonable cause to believe
7		has committed an intentional act of abuse or neglect with the
8		result of making a child an abused child or a neglected child,
9		as defined in Section 3 of the Abused and Neglected Child
10		Reporting Act, and that act resulted in the license holder's
11		dismissal or resignation from the school district and must
12		include the Illinois Educator Identification Number (IEIN) of
13		the license holder and a brief description of the misconduct
14		alleged. This notification must be submitted within 30 days
15		after the dismissal or resignation. The license holder must
16		also be contemporaneously sent a copy of the notice by the
17		superintendent. All correspondence, documentation, and other
18		information so received by the State Superintendent of
19		Education, the State Board of Education, or the State Educator
20		Preparation and Licensure Board under this subsection (e-5) is
21		confidential and must not be disclosed to third parties,
22		except (i) as necessary for the State Superintendent of
23		Education or his or her designee to investigate and prosecute
24		pursuant to Article 21B of this Code, (ii) pursuant to a court
25		order, (iii) for disclosure to the license holder or his or her
26		representative, or (iv) as otherwise provided in this Article

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1		and provided that any such information admitted into evidence
2		in a hearing is exempt from this confidentiality and
3		non-disclosure requirement. Except for an act of willful or
4		wanton misconduct, any superintendent who provides
5		notification as required in this subsection (e-5) shall have
6		immunity from any liability, whether civil or criminal or that
7		otherwise might result by reason of such action.
8		(f) After March 19, 1990, the provisions of this Section
9		shall apply to all employees of persons or firms holding
10		contracts with any school district including, but not limited
11		to, food service workers, school bus drivers and other
12		transportation employees, who have direct, daily contact with
13		the pupils of any school in such district. For purposes of
14		criminal history records checks and checks of the Statewide
15		Sex Offender Database on employees of persons or firms holding
16		contracts with more than one school district and assigned to
17		more than one school district, the regional superintendent of
18		the educational service region in which the contracting school
19		districts are located may, at the request of any such school
20		district, be responsible for receiving the authorization for a
21		criminal history records check prepared by each such employee
22		and submitting the same to the Illinois State Police and for
23		conducting a check of the Statewide Sex Offender Database for
24		each employee. Any information concerning the record of
25		conviction and identification as a sex offender of any such
26		employee obtained by the regional superintendent shall be

HB5501 Engrossed - 1158 - LRB102 24698 AMC 33937 b
1		promptly reported to the president of the appropriate school
2		board or school boards.
3		(f-5) Upon request of a school or school district, any
4		information obtained by the school district pursuant to
5		subsection (f) of this Section within the last year must be
6		made available to the requesting school or school district.
7		(g) Prior to the commencement of any student teaching
8		experience or required internship (which is referred to as
9		student teaching in this Section) in the public schools, a
10		student teacher is required to authorize a fingerprint-based
11		criminal history records check. Authorization for and payment
12		of the costs of the check must be furnished by the student
13		teacher to the school district. Upon receipt of this
14		authorization and payment, the school district shall submit
15		the student teacher's name, sex, race, date of birth, social
16		security number, fingerprint images, and other identifiers, as
17		prescribed by the Illinois State Police, to the Illinois State
18		Police. The Illinois State Police and the Federal Bureau of
19		Investigation shall furnish, pursuant to a fingerprint-based
20		criminal history records check, records of convictions,
21		forever and hereinafter, until expunged, to the president of
22		the board. The Illinois State Police shall charge the school
23		district a fee for conducting the check, which fee must not
24		exceed the cost of the inquiry and must be deposited into the
25		State Police Services Fund. The school district shall further
26		perform a check of the Statewide Sex Offender Database, as

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1		authorized by the Sex Offender Community Notification Law, and
2		of the Statewide Murderer and Violent Offender Against Youth
3		Database, as authorized by the Murderer and Violent Offender
4		Against Youth Registration Act, for each student teacher. The
5		board may not knowingly allow a person to student teach for
6		whom a criminal history records check, a Statewide Sex
7		Offender Database check, and a Statewide Murderer and Violent
8		Offender Against Youth Database check have not been completed
9		and reviewed by the district.
10		A copy of the record of convictions obtained from the
11		Illinois State Police must be provided to the student teacher.
12		Any information concerning the record of convictions obtained
13		by the president of the board is confidential and may only be
14		transmitted to the general superintendent of schools or his or
15		her designee, the State Superintendent of Education, the State
16		Educator Preparation and Licensure Board, or, for
17		clarification purposes, the Illinois State Police or the
18		Statewide Sex Offender Database or Statewide Murderer and
19		Violent Offender Against Youth Database. Any unauthorized
20		release of confidential information may be a violation of
21		Section 7 of the Criminal Identification Act.
22		The board may not knowingly allow a person to student
23		teach who has been convicted of any offense that would subject
24		him or her to license suspension or revocation pursuant to
25		subsection (c) of Section 21B-80 of this Code, except as
26		provided under subsection (b) of Section 21B-80. Further, the

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1		board may not allow a person to student teach if he or she has
2		been found to be the perpetrator of sexual or physical abuse of
3		a minor under 18 years of age pursuant to proceedings under
4		Article II of the Juvenile Court Act of 1987. The board must
5		consider the status of a person to student teach who has been
6		issued an indicated finding of abuse or neglect of a child by
7		the Department of Children and Family Services under the
8		Abused and Neglected Child Reporting Act or by a child welfare
9		agency of another jurisdiction.
10		(h) (Blank).
11		(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
12		101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
13		1-1-22; revised 10-18-21.)
14		(105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
15		Sec. 34-18.8. HIV training. School counselors, nurses,
16		teachers, school social workers, and other school personnel
17		who work with students shall be trained to have a basic
18		knowledge of matters relating to human immunodeficiency virus
19		(HIV), including the nature of the infection, its causes and
20		effects, the means of detecting it and preventing its
21		transmission, the availability of appropriate sources of
22		counseling and referral, and any other medically accurate
23		information that is age and developmentally appropriate for
24		such students. The Board of Education shall supervise such
25		training. The State Board of Education and the Department of

HB5501 Engrossed - 1161 - LRB102 24698 AMC 33937 b
1		Public Health shall jointly develop standards for such
2		training.
3		(Source: P.A. 102-197, eff. 7-30-21; 102-522, eff. 8-20-21;
4		revised 10-18-21.)
5		(105 ILCS 5/34-18.67)
6		Sec. 34-18.67. Student identification; suicide prevention
7		information. The school district shall provide contact
8		information for the National Suicide Prevention Lifeline and
9		for the Crisis Text Line on the back of each student
10		identification card issued by the school district. If the
11		school district does not issue student identification cards to
12		its students or to all of its students, the school district
13		must publish this information on its website.
14		(Source: P.A. 102-134, eff. 7-23-21.)
15		(105 ILCS 5/34-18.71)
16		(This Section may contain text from a Public Act with a
17		delayed effective date)
18		Sec. 34-18.71 34-18.67. Parent-teacher conference and
19		other meetings; caseworker. For any student who is in the
20		legal custody of the Department of Children and Family
21		Services, the liaison appointed under Section 34-18.52 must
22		inform the Department's Office of Education and Transition
23		Services of a parent-teacher conference or any other meeting
24		concerning the student that would otherwise involve a parent

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1		and must, at the option of the caseworker, allow the student's
2		caseworker to attend the conference or meeting.
3		(Source: P.A. 102-199, eff. 7-1-22; revised 10-19-21.)
4		(105 ILCS 5/34-18.72)
5		(This Section may contain text from a Public Act with a
6		delayed effective date)
7		Sec. 34-18.72 34-18.67. Website accessibility guidelines.
8		(a) As used in this Section, "Internet website or web
9		service" means any third party online curriculum that is made
10		available to enrolled students or the public by the school
11		district through the Internet.
12		(b) To ensure that the content available on an Internet
13		website or web service of the school district is readily
14		accessible to persons with disabilities, the school district
15		must require that the Internet website or web service comply
16		with Level AA of the World Wide Web Consortium's Web Content
17		Accessibility Guidelines 2.1 or any revised version of those
18		guidelines.
19		(Source: P.A. 102-238, eff. 8-1-22; revised 10-19-21.)
20		(105 ILCS 5/34-18.73)
21		Sec. 34-18.73 34-18.67. Parental notification of student
22		discipline.
23		(a) In this Section, "misconduct" means an incident that
24		involves offensive touching, a physical altercation, or the

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1		use of violence.
2		(b) If a student commits an act or acts of misconduct
3		involving offensive touching, a physical altercation, or the
4		use of violence, the student's school shall provide written
5		notification of that misconduct to the parent or guardian of
6		the student.
7		(c) If a student makes a written statement to a school
8		employee relating to an act or acts of misconduct, whether the
9		student is engaging in the act or acts or is targeted by the
10		act or acts, the school shall provide the written statement to
11		the student's parent or guardian, upon request and in
12		accordance with federal and State laws and rules governing
13		school student records.
14		(d) If the parent or guardian of a student involved in an
15		act or acts of misconduct, whether the student is engaging in
16		the act or acts or is targeted by the act or acts, requests a
17		synopsis of any statement made by the parent's or guardian's
18		child, the school shall provide any existing records
19		responsive to that request, in accordance with federal and
20		State laws and rules governing school student records.
21		(e) A school shall make reasonable attempts to provide a
22		copy of any disciplinary report resulting from an
23		investigation into a student's act or acts of misconduct to
24		the parent or guardian of the student receiving disciplinary
25		action, including any and all restorative justice measures,
26		within 2 school days after the completion of the report. The

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1		disciplinary report shall include all of the following:
2		(1) A description of the student's act or acts of
3		misconduct that resulted in disciplinary action. The names
4		and any identifying information of any other student or
5		students involved must be redacted from or not included in
6		the report, in accordance with federal and State student
7		privacy laws and rules.
8		(2) A description of the disciplinary action, if any,
9		imposed on the parent's or guardian's child, including the
10		duration of the disciplinary action.
11		(3) The school's justification and rationale for the
12		disciplinary action imposed on the parent's or guardian's
13		child, including reference to the applicable student
14		discipline policies, procedures, or guidelines.
15		(4) A description of the restorative justice measures,
16		if any, used on the parent's or guardian's child.
17		(Source: P.A. 102-251, eff. 8-6-21; revised 10-19-21.)
18		(105 ILCS 5/34-18.74)
19		Sec. 34-18.74 34-18.67. School support personnel
20		reporting. No later than December 1, 2022 and each December
21		1st annually thereafter, the school district must report to
22		the State Board of Education the information with regard to
23		the school district as of October 1st of each year beginning in
24		2022 as described in subsection (b) of Section 2-3.182 of this
25		Code and must make that information available on its website.

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1		(Source: P.A. 102-302, eff. 1-1-22; revised 10-19-21.)
2		(105 ILCS 5/34-18.75)
3		(This Section may contain text from a Public Act with a
4		delayed effective date)
5		Sec. 34-18.75 34-18.67. Identification cards; suicide
6		prevention information. If the school district issues an
7		identification card to pupils in any of grades 6 through 12,
8		the district shall provide contact information for the
9		National Suicide Prevention Lifeline (988), the Crisis Text
10		Line, and either the Safe2Help Illinois helpline or a local
11		suicide prevention hotline or both on the identification card.
12		The contact information shall identify each helpline that may
13		be contacted through text messaging. The contact information
14		shall be included in the school's student handbook and also
15		the student planner if a student planner is custom printed by
16		the school for distribution to pupils in any of grades 6
17		through 12.
18		(Source: P.A. 102-416, eff. 7-1-22; revised 10-19-21.)
19		(105 ILCS 5/34-18.76)
20		Sec. 34-18.76 34-18.67. Student absence; pregnancy. The
21		board shall adopt written policies related to absences and
22		missed homework or classwork assignments as a result of or
23		related to a student's pregnancy.
24		(Source: P.A. 102-471, eff. 8-20-21; revised 10-19-21.)

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1		(105 ILCS 5/34-21.9)
2		Sec. 34-21.9. Modification of athletic or team uniform
3		permitted.
4		(a) The board must allow a student athlete to modify his or
5		her athletic or team uniform due to the observance of modesty
6		in clothing or attire in accordance with the requirements of
7		his or her religion or his or her cultural values or modesty
8		preferences. The modification of the athletic or team uniform
9		may include, but is not limited to, the wearing of a hijab, an
10		undershirt, or leggings. If a student chooses to modify his or
11		her athletic or team uniform, the student is responsible for
12		all costs associated with the modification of the uniform and
13		the student shall not be required to receive prior approval
14		from the board for such modification. However, nothing in this
15		Section prohibits a school from providing the modification to
16		the student.
17		(b) At a minimum, any modification of the athletic or team
18		uniform must not interfere with the movement of the student or
19		pose a safety hazard to the student or to other athletes or
20		players. The modification of headgear is permitted if the
21		headgear:
22		(1) is black, white, the predominant predominate color
23		of the uniform, or the same color for all players on the
24		team;
25		(2) does not cover any part of the face;

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1		(3) is not dangerous to the player or to the other
2		players;
3		(4) has no opening or closing elements around the face
4		and neck; and
5		(5) has no parts extruding from its surface.
6		(Source: P.A. 102-51, eff. 7-9-21; revised 10-20-21.)
7		Section 315. The Illinois School Student Records Act is
8		amended by changing Sections 2 and 6 as follows:
9		(105 ILCS 10/2) (from Ch. 122, par. 50-2)
10		(Text of Section before amendment by P.A. 102-199 and
11		102-466)
12		Sec. 2. As used in this Act:
13		(a) "Student" means any person enrolled or previously
14		enrolled in a school.
15		(b) "School" means any public preschool, day care center,
16		kindergarten, nursery, elementary or secondary educational
17		institution, vocational school, special educational facility
18		or any other elementary or secondary educational agency or
19		institution and any person, agency or institution which
20		maintains school student records from more than one school,
21		but does not include a private or non-public school.
22		(c) "State Board" means the State Board of Education.
23		(d) "School Student Record" means any writing or other
24		recorded information concerning a student and by which a

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1		student may be individually identified, maintained by a school
2		or at its direction or by an employee of a school, regardless
3		of how or where the information is stored. The following shall
4		not be deemed school student records under this Act: writings
5		or other recorded information maintained by an employee of a
6		school or other person at the direction of a school for his or
7		her exclusive use; provided that all such writings and other
8		recorded information are destroyed not later than the
9		student's graduation or permanent withdrawal from the school;
10		and provided further that no such records or recorded
11		information may be released or disclosed to any person except
12		a person designated by the school as a substitute unless they
13		are first incorporated in a school student record and made
14		subject to all of the provisions of this Act. School student
15		records shall not include information maintained by law
16		enforcement professionals working in the school.
17		(e) "Student Permanent Record" means the minimum personal
18		information necessary to a school in the education of the
19		student and contained in a school student record. Such
20		information may include the student's name, birth date,
21		address, grades and grade level, parents' names and addresses,
22		attendance records, and such other entries as the State Board
23		may require or authorize.
24		(f) "Student Temporary Record" means all information
25		contained in a school student record but not contained in the
26		student permanent record. Such information may include family

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1		background information, intelligence test scores, aptitude
2		test scores, psychological and personality test results,
3		teacher evaluations, and other information of clear relevance
4		to the education of the student, all subject to regulations of
5		the State Board. The information shall include information
6		provided under Section 8.6 of the Abused and Neglected Child
7		Reporting Act and information contained in service logs
8		maintained by a local education agency under subsection (d) of
9		Section 14-8.02f of the School Code. In addition, the student
10		temporary record shall include information regarding serious
11		disciplinary infractions that resulted in expulsion,
12		suspension, or the imposition of punishment or sanction. For
13		purposes of this provision, serious disciplinary infractions
14		means: infractions involving drugs, weapons, or bodily harm to
15		another.
16		(g) "Parent" means a person who is the natural parent of
17		the student or other person who has the primary responsibility
18		for the care and upbringing of the student. All rights and
19		privileges accorded to a parent under this Act shall become
20		exclusively those of the student upon his 18th birthday,
21		graduation from secondary school, marriage or entry into
22		military service, whichever occurs first. Such rights and
23		privileges may also be exercised by the student at any time
24		with respect to the student's permanent school record.
25		(Source: P.A. 101-515, eff. 8-23-19; 102-558, eff. 8-20-21.)

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1		(Text of Section after amendment by P.A. 102-199 but
2		before amendment by P.A. 102-466)
3		Sec. 2. As used in this Act:
4		(a) "Student" means any person enrolled or previously
5		enrolled in a school.
6		(b) "School" means any public preschool, day care center,
7		kindergarten, nursery, elementary or secondary educational
8		institution, vocational school, special educational facility
9		or any other elementary or secondary educational agency or
10		institution and any person, agency or institution which
11		maintains school student records from more than one school,
12		but does not include a private or non-public school.
13		(c) "State Board" means the State Board of Education.
14		(d) "School Student Record" means any writing or other
15		recorded information concerning a student and by which a
16		student may be individually identified, maintained by a school
17		or at its direction or by an employee of a school, regardless
18		of how or where the information is stored. The following shall
19		not be deemed school student records under this Act: writings
20		or other recorded information maintained by an employee of a
21		school or other person at the direction of a school for his or
22		her exclusive use; provided that all such writings and other
23		recorded information are destroyed not later than the
24		student's graduation or permanent withdrawal from the school;
25		and provided further that no such records or recorded
26		information may be released or disclosed to any person except

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1		a person designated by the school as a substitute unless they
2		are first incorporated in a school student record and made
3		subject to all of the provisions of this Act. School student
4		records shall not include information maintained by law
5		enforcement professionals working in the school.
6		(e) "Student Permanent Record" means the minimum personal
7		information necessary to a school in the education of the
8		student and contained in a school student record. Such
9		information may include the student's name, birth date,
10		address, grades and grade level, parents' names and addresses,
11		attendance records, and such other entries as the State Board
12		may require or authorize.
13		(f) "Student Temporary Record" means all information
14		contained in a school student record but not contained in the
15		student permanent record. Such information may include family
16		background information, intelligence test scores, aptitude
17		test scores, psychological and personality test results,
18		teacher evaluations, and other information of clear relevance
19		to the education of the student, all subject to regulations of
20		the State Board. The information shall include information
21		provided under Section 8.6 of the Abused and Neglected Child
22		Reporting Act and information contained in service logs
23		maintained by a local education agency under subsection (d) of
24		Section 14-8.02f of the School Code. In addition, the student
25		temporary record shall include information regarding serious
26		disciplinary infractions that resulted in expulsion,

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1		suspension, or the imposition of punishment or sanction. For
2		purposes of this provision, serious disciplinary infractions
3		means: infractions involving drugs, weapons, or bodily harm to
4		another.
5		(g) "Parent" means a person who is the natural parent of
6		the student or other person who has the primary responsibility
7		for the care and upbringing of the student. All rights and
8		privileges accorded to a parent under this Act shall become
9		exclusively those of the student upon his 18th birthday,
10		graduation from secondary school, marriage or entry into
11		military service, whichever occurs first. Such rights and
12		privileges may also be exercised by the student at any time
13		with respect to the student's permanent school record.
14		(h) "Department" means the Department of Children and
15		Family Services.
16		(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
17		102-558, eff. 8-20-21.)
18		(Text of Section after amendment by P.A. 102-466)
19		Sec. 2. As used in this Act:
20		(a) "Student" means any person enrolled or previously
21		enrolled in a school.
22		(b) "School" means any public preschool, day care center,
23		kindergarten, nursery, elementary or secondary educational
24		institution, vocational school, special educational facility
25		or any other elementary or secondary educational agency or

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1		institution and any person, agency or institution which
2		maintains school student records from more than one school,
3		but does not include a private or non-public school.
4		(c) "State Board" means the State Board of Education.
5		(d) "School Student Record" means any writing or other
6		recorded information concerning a student and by which a
7		student may be individually identified, maintained by a school
8		or at its direction or by an employee of a school, regardless
9		of how or where the information is stored. The following shall
10		not be deemed school student records under this Act: writings
11		or other recorded information maintained by an employee of a
12		school or other person at the direction of a school for his or
13		her exclusive use; provided that all such writings and other
14		recorded information are destroyed not later than the
15		student's graduation or permanent withdrawal from the school;
16		and provided further that no such records or recorded
17		information may be released or disclosed to any person except
18		a person designated by the school as a substitute unless they
19		are first incorporated in a school student record and made
20		subject to all of the provisions of this Act. School student
21		records shall not include information maintained by law
22		enforcement professionals working in the school.
23		(e) "Student Permanent Record" means the minimum personal
24		information necessary to a school in the education of the
25		student and contained in a school student record. Such
26		information may include the student's name, birth date,

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1		address, grades and grade level, parents' names and addresses,
2		attendance records, and such other entries as the State Board
3		may require or authorize.
4		(f) "Student Temporary Record" means all information
5		contained in a school student record but not contained in the
6		student permanent record. Such information may include family
7		background information, intelligence test scores, aptitude
8		test scores, psychological and personality test results,
9		teacher evaluations, and other information of clear relevance
10		to the education of the student, all subject to regulations of
11		the State Board. The information shall include all of the
12		following:
13		(1) Information provided under Section 8.6 of the
14		Abused and Neglected Child Reporting Act and information
15		contained in service logs maintained by a local education
16		agency under subsection (d) of Section 14-8.02f of the
17		School Code.
18		(2) Information regarding serious disciplinary
19		infractions that resulted in expulsion, suspension, or the
20		imposition of punishment or sanction. For purposes of this
21		provision, serious disciplinary infractions means:
22		infractions involving drugs, weapons, or bodily harm to
23		another.
24		(3) Information concerning a student's status and
25		related experiences as a parent, expectant parent, or
26		victim of domestic or sexual violence, as defined in

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1		Article 26A of the School Code, including a statement of
2		the student or any other documentation, record, or
3		corroborating evidence and the fact that the student has
4		requested or obtained assistance, support, or services
5		related to that status. Enforcement of this paragraph (3)
6		shall follow the procedures provided in Section 26A-40 of
7		the School Code.
8		(g) "Parent" means a person who is the natural parent of
9		the student or other person who has the primary responsibility
10		for the care and upbringing of the student. All rights and
11		privileges accorded to a parent under this Act shall become
12		exclusively those of the student upon his 18th birthday,
13		graduation from secondary school, marriage or entry into
14		military service, whichever occurs first. Such rights and
15		privileges may also be exercised by the student at any time
16		with respect to the student's permanent school record.
17		(h) "Department" means the Department of Children and
18		Family Services.
19		(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
20		102-466, eff. 7-1-25; 102-558, eff. 8-20-21; revised 10-8-21.)
21		(105 ILCS 10/6) (from Ch. 122, par. 50-6)
22		(Text of Section before amendment by P.A. 102-199)
23		Sec. 6. (a) No school student records or information
24		contained therein may be released, transferred, disclosed or
25		otherwise disseminated, except as follows:

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1		(1) to a parent or student or person specifically
2		designated as a representative by a parent, as provided in
3		paragraph (a) of Section 5;
4		(2) to an employee or official of the school or school
5		district or State Board with current demonstrable
6		educational or administrative interest in the student, in
7		furtherance of such interest;
8		(3) to the official records custodian of another
9		school within Illinois or an official with similar
10		responsibilities of a school outside Illinois, in which
11		the student has enrolled, or intends to enroll, upon the
12		request of such official or student;
13		(4) to any person for the purpose of research,
14		statistical reporting, or planning, provided that such
15		research, statistical reporting, or planning is
16		permissible under and undertaken in accordance with the
17		federal Family Educational Rights and Privacy Act (20
18		U.S.C. 1232g);
19		(5) pursuant to a court order, provided that the
20		parent shall be given prompt written notice upon receipt
21		of such order of the terms of the order, the nature and
22		substance of the information proposed to be released in
23		compliance with such order and an opportunity to inspect
24		and copy the school student records and to challenge their
25		contents pursuant to Section 7;
26		(6) to any person as specifically required by State or

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1		federal law;
2		(6.5) to juvenile authorities when necessary for the
3		discharge of their official duties who request information
4		prior to adjudication of the student and who certify in
5		writing that the information will not be disclosed to any
6		other party except as provided under law or order of
7		court. For purposes of this Section "juvenile authorities"
8		means: (i) a judge of the circuit court and members of the
9		staff of the court designated by the judge; (ii) parties
10		to the proceedings under the Juvenile Court Act of 1987
11		and their attorneys; (iii) probation officers and court
12		appointed advocates for the juvenile authorized by the
13		judge hearing the case; (iv) any individual, public or
14		private agency having custody of the child pursuant to
15		court order; (v) any individual, public or private agency
16		providing education, medical or mental health service to
17		the child when the requested information is needed to
18		determine the appropriate service or treatment for the
19		minor; (vi) any potential placement provider when such
20		release is authorized by the court for the limited purpose
21		of determining the appropriateness of the potential
22		placement; (vii) law enforcement officers and prosecutors;
23		(viii) adult and juvenile prisoner review boards; (ix)
24		authorized military personnel; (x) individuals authorized
25		by court;
26		(7) subject to regulations of the State Board, in

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1		connection with an emergency, to appropriate persons if
2		the knowledge of such information is necessary to protect
3		the health or safety of the student or other persons;
4		(8) to any person, with the prior specific dated
5		written consent of the parent designating the person to
6		whom the records may be released, provided that at the
7		time any such consent is requested or obtained, the parent
8		shall be advised in writing that he has the right to
9		inspect and copy such records in accordance with Section
10		5, to challenge their contents in accordance with Section
11		7 and to limit any such consent to designated records or
12		designated portions of the information contained therein;
13		(9) to a governmental agency, or social service agency
14		contracted by a governmental agency, in furtherance of an
15		investigation of a student's school attendance pursuant to
16		the compulsory student attendance laws of this State,
17		provided that the records are released to the employee or
18		agent designated by the agency;
19		(10) to those SHOCAP committee members who fall within
20		the meaning of "state and local officials and
21		authorities", as those terms are used within the meaning
22		of the federal Family Educational Rights and Privacy Act,
23		for the purposes of identifying serious habitual juvenile
24		offenders and matching those offenders with community
25		resources pursuant to Section 5-145 of the Juvenile Court
26		Act of 1987, but only to the extent that the release,

HB5501 Engrossed - 1179 - LRB102 24698 AMC 33937 b
1		transfer, disclosure, or dissemination is consistent with
2		the Family Educational Rights and Privacy Act;
3		(11) to the Department of Healthcare and Family
4		Services in furtherance of the requirements of Section
5		2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
6		Section 10 of the School Breakfast and Lunch Program Act;
7		or
8		(12) to the State Board or another State government
9		agency or between or among State government agencies in
10		order to evaluate or audit federal and State programs or
11		perform research and planning, but only to the extent that
12		the release, transfer, disclosure, or dissemination is
13		consistent with the federal Family Educational Rights and
14		Privacy Act (20 U.S.C. 1232g); or .
15		(13) under Under an intergovernmental agreement if an
16		elementary school district and a high school district have
17		attendance boundaries that overlap and are parties to an
18		intergovernmental agreement that allows the sharing of
19		student records and information between the districts.
20		However, the sharing of student information is allowed
21		under an intergovernmental agreement only if the
22		intergovernmental agreement meets all of the following
23		requirements:
24		(A) The sharing of student information must be
25		voluntary and at the discretion of each school
26		district that is a party to the agreement.

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1		(B) The sharing of student information applies
2		only to students who have been enrolled in both
3		districts or would be enrolled in both districts based
4		on district attendance boundaries, and the student's
5		parent or guardian has expressed in writing that the
6		student intends to enroll or has enrolled in the high
7		school district.
8		(C) The sharing of student information does not
9		exceed the scope of information that is shared among
10		schools in a unit school district. However, the terms
11		of an intergovernmental agreement may place further
12		limitations on the information that is allowed to be
13		shared.
14		(b) No information may be released pursuant to
15		subparagraph (3) or (6) of paragraph (a) of this Section 6
16		unless the parent receives prior written notice of the nature
17		and substance of the information proposed to be released, and
18		an opportunity to inspect and copy such records in accordance
19		with Section 5 and to challenge their contents in accordance
20		with Section 7. Provided, however, that such notice shall be
21		sufficient if published in a local newspaper of general
22		circulation or other publication directed generally to the
23		parents involved where the proposed release of information is
24		pursuant to subparagraph (6) of paragraph (a) of this Section
25		6 and relates to more than 25 students.
26		(c) A record of any release of information pursuant to

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1		this Section must be made and kept as a part of the school
2		student record and subject to the access granted by Section 5.
3		Such record of release shall be maintained for the life of the
4		school student records and shall be available only to the
5		parent and the official records custodian. Each record of
6		release shall also include:
7		(1) the nature and substance of the information
8		released;
9		(2) the name and signature of the official records
10		custodian releasing such information;
11		(3) the name of the person requesting such
12		information, the capacity in which such a request has been
13		made, and the purpose of such request;
14		(4) the date of the release; and
15		(5) a copy of any consent to such release.
16		(d) Except for the student and his parents, no person to
17		whom information is released pursuant to this Section and no
18		person specifically designated as a representative by a parent
19		may permit any other person to have access to such information
20		without a prior consent of the parent obtained in accordance
21		with the requirements of subparagraph (8) of paragraph (a) of
22		this Section.
23		(e) Nothing contained in this Act shall prohibit the
24		publication of student directories which list student names,
25		addresses and other identifying information and similar
26		publications which comply with regulations issued by the State

HB5501 Engrossed - 1182 - LRB102 24698 AMC 33937 b
1		Board.
2		(Source: P.A. 102-557, eff. 8-20-21; revised 10-14-21.)
3		(Text of Section after amendment by P.A. 102-199)
4		Sec. 6. (a) No school student records or information
5		contained therein may be released, transferred, disclosed or
6		otherwise disseminated, except as follows:
7		(1) to a parent or student or person specifically
8		designated as a representative by a parent, as provided in
9		paragraph (a) of Section 5;
10		(2) to an employee or official of the school or school
11		district or State Board with current demonstrable
12		educational or administrative interest in the student, in
13		furtherance of such interest;
14		(3) to the official records custodian of another
15		school within Illinois or an official with similar
16		responsibilities of a school outside Illinois, in which
17		the student has enrolled, or intends to enroll, upon the
18		request of such official or student;
19		(4) to any person for the purpose of research,
20		statistical reporting, or planning, provided that such
21		research, statistical reporting, or planning is
22		permissible under and undertaken in accordance with the
23		federal Family Educational Rights and Privacy Act (20
24		U.S.C. 1232g);
25		(5) pursuant to a court order, provided that the

HB5501 Engrossed - 1183 - LRB102 24698 AMC 33937 b
1		parent shall be given prompt written notice upon receipt
2		of such order of the terms of the order, the nature and
3		substance of the information proposed to be released in
4		compliance with such order and an opportunity to inspect
5		and copy the school student records and to challenge their
6		contents pursuant to Section 7;
7		(6) to any person as specifically required by State or
8		federal law;
9		(6.5) to juvenile authorities when necessary for the
10		discharge of their official duties who request information
11		prior to adjudication of the student and who certify in
12		writing that the information will not be disclosed to any
13		other party except as provided under law or order of
14		court. For purposes of this Section "juvenile authorities"
15		means: (i) a judge of the circuit court and members of the
16		staff of the court designated by the judge; (ii) parties
17		to the proceedings under the Juvenile Court Act of 1987
18		and their attorneys; (iii) probation officers and court
19		appointed advocates for the juvenile authorized by the
20		judge hearing the case; (iv) any individual, public or
21		private agency having custody of the child pursuant to
22		court order; (v) any individual, public or private agency
23		providing education, medical or mental health service to
24		the child when the requested information is needed to
25		determine the appropriate service or treatment for the
26		minor; (vi) any potential placement provider when such

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1		release is authorized by the court for the limited purpose
2		of determining the appropriateness of the potential
3		placement; (vii) law enforcement officers and prosecutors;
4		(viii) adult and juvenile prisoner review boards; (ix)
5		authorized military personnel; (x) individuals authorized
6		by court;
7		(7) subject to regulations of the State Board, in
8		connection with an emergency, to appropriate persons if
9		the knowledge of such information is necessary to protect
10		the health or safety of the student or other persons;
11		(8) to any person, with the prior specific dated
12		written consent of the parent designating the person to
13		whom the records may be released, provided that at the
14		time any such consent is requested or obtained, the parent
15		shall be advised in writing that he has the right to
16		inspect and copy such records in accordance with Section
17		5, to challenge their contents in accordance with Section
18		7 and to limit any such consent to designated records or
19		designated portions of the information contained therein;
20		(9) to a governmental agency, or social service agency
21		contracted by a governmental agency, in furtherance of an
22		investigation of a student's school attendance pursuant to
23		the compulsory student attendance laws of this State,
24		provided that the records are released to the employee or
25		agent designated by the agency;
26		(10) to those SHOCAP committee members who fall within

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1		the meaning of "state and local officials and
2		authorities", as those terms are used within the meaning
3		of the federal Family Educational Rights and Privacy Act,
4		for the purposes of identifying serious habitual juvenile
5		offenders and matching those offenders with community
6		resources pursuant to Section 5-145 of the Juvenile Court
7		Act of 1987, but only to the extent that the release,
8		transfer, disclosure, or dissemination is consistent with
9		the Family Educational Rights and Privacy Act;
10		(11) to the Department of Healthcare and Family
11		Services in furtherance of the requirements of Section
12		2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
13		Section 10 of the School Breakfast and Lunch Program Act;
14		(12) to the State Board or another State government
15		agency or between or among State government agencies in
16		order to evaluate or audit federal and State programs or
17		perform research and planning, but only to the extent that
18		the release, transfer, disclosure, or dissemination is
19		consistent with the federal Family Educational Rights and
20		Privacy Act (20 U.S.C. 1232g); or
21		(12.5) (13) if the student is in the legal custody of
22		the Department of Children and Family Services, to the
23		Department's Office of Education and Transition Services;
24		or .
25		(13) under Under an intergovernmental agreement if an
26		elementary school district and a high school district have

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1		attendance boundaries that overlap and are parties to an
2		intergovernmental agreement that allows the sharing of
3		student records and information between the districts.
4		However, the sharing of student information is allowed
5		under an intergovernmental agreement only if the
6		intergovernmental agreement meets all of the following
7		requirements:
8		(A) The sharing of student information must be
9		voluntary and at the discretion of each school
10		district that is a party to the agreement.
11		(B) The sharing of student information applies
12		only to students who have been enrolled in both
13		districts or would be enrolled in both districts based
14		on district attendance boundaries, and the student's
15		parent or guardian has expressed in writing that the
16		student intends to enroll or has enrolled in the high
17		school district.
18		(C) The sharing of student information does not
19		exceed the scope of information that is shared among
20		schools in a unit school district. However, the terms
21		of an intergovernmental agreement may place further
22		limitations on the information that is allowed to be
23		shared.
24		(b) No information may be released pursuant to
25		subparagraph (3) or (6) of paragraph (a) of this Section 6
26		unless the parent receives prior written notice of the nature

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1		and substance of the information proposed to be released, and
2		an opportunity to inspect and copy such records in accordance
3		with Section 5 and to challenge their contents in accordance
4		with Section 7. Provided, however, that such notice shall be
5		sufficient if published in a local newspaper of general
6		circulation or other publication directed generally to the
7		parents involved where the proposed release of information is
8		pursuant to subparagraph (6) of paragraph (a) of this Section
9		6 and relates to more than 25 students.
10		(c) A record of any release of information pursuant to
11		this Section must be made and kept as a part of the school
12		student record and subject to the access granted by Section 5.
13		Such record of release shall be maintained for the life of the
14		school student records and shall be available only to the
15		parent and the official records custodian. Each record of
16		release shall also include:
17		(1) the nature and substance of the information
18		released;
19		(2) the name and signature of the official records
20		custodian releasing such information;
21		(3) the name of the person requesting such
22		information, the capacity in which such a request has been
23		made, and the purpose of such request;
24		(4) the date of the release; and
25		(5) a copy of any consent to such release.
26		(d) Except for the student and his or her parents or, if

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1		applicable, the Department's Office of Education and
2		Transition Services, no person to whom information is released
3		pursuant to this Section and no person specifically designated
4		as a representative by a parent may permit any other person to
5		have access to such information without a prior consent of the
6		parent obtained in accordance with the requirements of
7		subparagraph (8) of paragraph (a) of this Section.
8		(e) Nothing contained in this Act shall prohibit the
9		publication of student directories which list student names,
10		addresses and other identifying information and similar
11		publications which comply with regulations issued by the State
12		Board.
13		(Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21;
14		revised 10-14-21.)
15		Section 320. The Higher Education Veterans Service Act is
16		amended by changing Section 15 as follows:
17		(110 ILCS 49/15)
18		Sec. 15. Survey; coordinator; best practices report; best
19		efforts.
20		(a) All public colleges and universities shall, within 60
21		days after the effective date of this Act, conduct a survey of
22		the services and programs that are provided for veterans,
23		active duty military personnel, and their families, at each of
24		their respective campuses. This survey shall enumerate and

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1		fully describe the service or program that is available, the
2		number of veterans or active duty personnel using the service
3		or program, an estimated range for potential use within a
4		5-year and 10-year period, information on the location of the
5		service or program, and how its administrators may be
6		contacted. The survey shall indicate the manner or manners in
7		which a student veteran may avail himself or herself of the
8		program's services. This survey must be made available to all
9		veterans matriculating at the college or university in the
10		form of an orientation-related guidebook.
11		Each public college and university shall make the survey
12		available on the homepage of all campus Internet links as soon
13		as practical after the completion of the survey. As soon as
14		possible after the completion of the survey, each public
15		college and university shall provide a copy of its survey to
16		the following:
17		(1) the Board of Higher Education;
18		(2) the Department of Veterans' Affairs;
19		(3) the President and Minority Leader of the Senate
20		and the Speaker and Minority Leader of the House of
21		Representatives; and
22		(4) the Governor.
23		(b) Each public college and university shall, at its
24		discretion, (i) appoint, within 6 months after August 7, 2009
25		(the effective date of this Act), an existing employee or (ii)
26		hire a new employee to serve as a Coordinator of Veterans and

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1		Military Personnel Student Services on each campus of the
2		college or university that has an onsite, daily, full-time
3		student headcount above 1,000 students.
4		The Coordinator of Veterans and Military Personnel Student
5		Services shall be an ombudsperson serving the specific needs
6		of student veterans and military personnel and their families
7		and shall serve as an advocate before the administration of
8		the college or university for the needs of student veterans.
9		The college or university shall enable the Coordinator of
10		Veterans and Military Personnel Student Services to
11		communicate directly with the senior executive administration
12		of the college or university periodically. The college or
13		university shall retain unfettered discretion to determine the
14		organizational management structure of its institution.
15		In addition to any responsibilities the college or
16		university may assign, the Coordinator of Veterans and
17		Military Personnel Student Services shall make its best
18		efforts to create a centralized source for student veterans
19		and military personnel to learn how to receive all benefit
20		programs and services for which they are eligible.
21		Each college and university campus that is required to
22		have a Coordinator of Veterans and Military Personnel Student
23		Services shall regularly and conspicuously advertise the
24		office location and phone number of and Internet access to the
25		Coordinator of Veterans and Military Personnel Student
26		Services, along with a brief summary of the manner in which he

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1		or she can assist student veterans. The advertisement shall
2		include, but is not necessarily limited to, the following:
3		(1) advertisements on each campus' Internet home page;
4		(2) any promotional mailings for student application;
5		and
6		(3) the website and any social media accounts of the
7		public college or university.
8		The Coordinator of Veterans and Military Personnel Student
9		Services shall facilitate other campus offices with the
10		promotion of programs and services that are available.
11		(c) Upon receipt of all of the surveys under subsection
12		(a) of this Section, the Board of Higher Education and the
13		Department of Veterans' Affairs shall conduct a joint review
14		of the surveys. The Department of Veterans' Affairs shall
15		post, on any Internet home page it may operate, a link to each
16		survey as posted on the Internet website for the college or
17		university. The Board of Higher Education shall post, on any
18		Internet home page it may operate, a link to each survey as
19		posted on the Internet website for the college or university
20		or an annual report or document containing survey information
21		for each college or university. Upon receipt of all of the
22		surveys, the Office of the Governor, through its military
23		affairs advisors, shall similarly conduct a review of the
24		surveys. Following its review of the surveys, the Office of
25		the Governor shall submit an evaluation report to each college
26		and university offering suggestions and insight on the conduct

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1		of student veteran-related policies and programs.
2		(d) The Board of Higher Education and the Department of
3		Veterans' Affairs may issue a best practices report to
4		highlight those programs and services that are most beneficial
5		to veterans and active duty military personnel. The report
6		shall contain a fiscal needs assessment in conjunction with
7		any program recommendations.
8		(e) Each college and university campus that is required to
9		have a Coordinator of Veterans and Military Personnel Student
10		Services under subsection (b) of this Section shall make its
11		best efforts to create academic and social programs and
12		services for veterans and active duty military personnel that
13		will provide reasonable opportunities for academic performance
14		and success.
15		Each public college and university shall make its best
16		efforts to determine how its online educational curricula can
17		be expanded or altered to serve the needs of student veterans
18		and currently deployed currently-deployed military, including
19		a determination of whether and to what extent the public
20		colleges and universities can share existing technologies to
21		improve the online curricula of peer institutions, provided
22		such efforts are both practically and economically feasible.
23		(Source: P.A. 102-278, eff. 8-6-21; 102-295, eff. 8-6-21;
24		102-558, eff. 8-20-21; revised 10-18-21.)
25		Section 325. The Mental Health Early Action on Campus Act

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1		is amended by changing Section 25 as follows:
2		(110 ILCS 58/25)
3		(Text of Section before amendment by P.A. 102-373 and P.A.
4		102-416)
5		Sec. 25. Awareness. To raise mental health awareness on
6		college campuses, each public college or university must do
7		all of the following:
8		(1) Develop and implement an annual student
9		orientation session aimed at raising awareness about
10		mental health conditions.
11		(2) Assess courses and seminars available to students
12		through their regular academic experiences and implement
13		mental health awareness curricula if opportunities for
14		integration exist.
15		(3) Create and feature a page on its website or mobile
16		application with information dedicated solely to the
17		mental health resources available to students at the
18		public college or university and in the surrounding
19		community.
20		(4) Distribute messages related to mental health
21		resources that encourage help-seeking behavior through the
22		online learning platform of the public college or
23		university during high stress periods of the academic
24		year, including, but not limited to, midterm or final
25		examinations. These stigma-reducing strategies must be

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1		based on documented best practices.
2		(5) Three years after the effective date of this Act,
3		implement an online screening tool to raise awareness and
4		establish a mechanism to link or refer students of the
5		public college or university to services. Screenings and
6		resources must be available year round for students and,
7		at a minimum, must (i) include validated screening tools
8		for depression, an anxiety disorder, an eating disorder,
9		substance use, alcohol-use disorder, post-traumatic stress
10		disorder, and bipolar disorder, (ii) provide resources for
11		immediate connection to services, if indicated, including
12		emergency resources, (iii) provide general information
13		about all mental health-related resources available to
14		students of the public college or university, and (iv)
15		function anonymously.
16		(6) At least once per term and at times of high
17		academic stress, including midterm or final examinations,
18		provide students information regarding online screenings
19		and resources.
20		(Source: P.A. 101-251, eff. 7-1-20.)
21		(Text of Section after amendment by P.A. 102-373 and P.A.
22		102-416)
23		Sec. 25. Awareness. To raise mental health awareness on
24		college campuses, each public college or university must do
25		all of the following:

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1		(1) Develop and implement an annual student
2		orientation session aimed at raising awareness about
3		mental health conditions.
4		(2) Assess courses and seminars available to students
5		through their regular academic experiences and implement
6		mental health awareness curricula if opportunities for
7		integration exist.
8		(3) Create and feature a page on its website or mobile
9		application with information dedicated solely to the
10		mental health resources available to students at the
11		public college or university and in the surrounding
12		community.
13		(4) Distribute messages related to mental health
14		resources that encourage help-seeking behavior through the
15		online learning platform of the public college or
16		university during high stress periods of the academic
17		year, including, but not limited to, midterm or final
18		examinations. These stigma-reducing strategies must be
19		based on documented best practices.
20		(5) Three years after the effective date of this Act,
21		implement an online screening tool to raise awareness and
22		establish a mechanism to link or refer students of the
23		public college or university to services. Screenings and
24		resources must be available year round for students and,
25		at a minimum, must (i) include validated screening tools
26		for depression, an anxiety disorder, an eating disorder,

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1		substance use, alcohol-use disorder, post-traumatic stress
2		disorder, and bipolar disorder, (ii) provide resources for
3		immediate connection to services, if indicated, including
4		emergency resources, (iii) provide general information
5		about all mental health-related resources available to
6		students of the public college or university, and (iv)
7		function anonymously.
8		(6) At least once per term and at times of high
9		academic stress, including midterm or final examinations,
10		provide students information regarding online screenings
11		and resources.
12		(7) Provide contact information for the National
13		Suicide Prevention Lifeline (988), for the Crisis Text
14		Line, and a local suicide prevention hotline, and for the
15		mental health counseling center or program of the public
16		college or university on the back of each student
17		identification card issued by the public college or
18		university after July 1, 2022 (the effective date of
19		Public Act 102-373) this amendatory Act of the 102nd
20		General Assembly if the public college or university
21		issues student identification cards. If the public college
22		or university does not issue student identification cards
23		to its students, the public college or university must
24		publish the contact information on its website. The
25		contact information shall identify each helpline that may
26		be contacted through text messaging. The contact

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1		information shall be included in the public college's or
2		university's student handbook and also the student planner
3		if a student planner is custom printed by the public
4		college or university for distribution to students.
5		(Source: P.A. 101-251, eff. 7-1-20; 102-373, eff. 7-1-22;
6		102-416, eff. 7-1-22; revised 9-21-21.)
7		Section 330. The University of Illinois Act is amended by
8		setting forth, renumbering, and changing multiple versions of
9		Section 120 as follows:
10		(110 ILCS 305/120)
11		Sec. 120. Modification of athletic or team uniform
12		permitted.
13		(a) The Board of Trustees must allow a student athlete to
14		modify his or her athletic or team uniform due to the
15		observance of modesty in clothing or attire in accordance with
16		the requirements of his or her religion or his or her cultural
17		values or modesty preferences. The modification of the
18		athletic or team uniform may include, but is not limited to,
19		the wearing of a hijab, an undershirt, or leggings. If a
20		student chooses to modify his or her athletic or team uniform,
21		the student is responsible for all costs associated with the
22		modification of the uniform and the student shall not be
23		required to receive prior approval from the Board of Trustees
24		for such modification. However, nothing in this Section

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1		prohibits the University from providing the modification to
2		the student.
3		(b) At a minimum, any modification of the athletic or team
4		uniform must not interfere with the movement of the student or
5		pose a safety hazard to the student or to other athletes or
6		players. The modification of headgear is permitted if the
7		headgear:
8		(1) is black, white, the predominant predominate color
9		of the uniform, or the same color for all players on the
10		team;
11		(2) does not cover any part of the face;
12		(3) is not dangerous to the player or to the other
13		players;
14		(4) has no opening or closing elements around the face
15		and neck; and
16		(5) has no parts extruding from its surface.
17		(Source: P.A. 102-51, eff. 7-9-21; revised 10-18-21.)
18		(110 ILCS 305/122)
19		Sec. 122 120. Academic major report. The Board of Trustees
20		shall provide to each enrolled student, at the time the
21		student declares or changes his or her academic major or
22		program of study, a report that contains relevant,
23		independent, and accurate data related to the student's major
24		or program of study and to the current occupational outlook
25		associated with that major or program of study. The report

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1		shall provide the student with all of the following
2		information:
3		(1) The estimated cost of his or her education
4		associated with pursuing a degree in that major or program
5		of study.
6		(2) The average monthly student loan payment over a
7		period of 20 years based on the estimated cost of his or
8		her education under paragraph (1).
9		(3) The average job placement rate within 12 months
10		after graduation for a graduate who holds a degree in that
11		major or program of study.
12		(4) The average entry-level wage or salary for an
13		occupation related to that major or program of study.
14		(5) The average wage or salary 5 years after entry
15		into an occupation under paragraph (4).
16		(Source: P.A. 102-214, eff. 1-1-22; revised 10-18-21.)
17		(110 ILCS 305/130)
18		Sec. 130 120. Availability of menstrual hygiene products.
19		(a) In this Section, "menstrual hygiene products" means
20		tampons and sanitary napkins for use in connection with the
21		menstrual cycle.
22		(b) The Board of Trustees shall make menstrual hygiene
23		products available, at no cost to students, in the bathrooms
24		of facilities or portions of facilities that (i) are owned or
25		leased by the Board or over which the Board has care, custody,

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1		and control and (ii) are used for student instruction or
2		administrative purposes.
3		(Source: P.A. 102-250, eff. 8-5-21; revised 10-18-21.)
4		(110 ILCS 305/135)
5		Sec. 135 120. Adjunct professor; status of class.
6		(a) At least 30 days before the beginning of a term and
7		again at 14 days before the beginning of the term, the Board of
8		Trustees must notify an adjunct professor about the status of
9		enrollment of the class the adjunct professor was hired to
10		teach.
11		(b) This Section does not apply if the Governor has
12		declared a disaster due to a public health emergency or a
13		natural disaster pursuant to Section 7 of the Illinois
14		Emergency Management Agency Act.
15		(c) Collective bargaining agreements that are in effect on
16		January 1, 2022 (the effective date of Public Act 102-260)
17		this amendatory Act of the 102nd General Assembly are exempt
18		from the requirements of this Section.
19		(Source: P.A. 102-260, eff. 1-1-22; revised 10-18-21.)
20		(110 ILCS 305/140)
21		Sec. 140 120. Family and medical leave coverage. A
22		University employee who has been employed by the University
23		for at least 12 months and who has worked at least 1,000 hours
24		in the previous 12-month period shall be eligible for family

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1		and medical leave under the same terms and conditions as leave
2		provided to eligible employees under the federal Family and
3		Medical Leave Act of 1993.
4		(Source: P.A. 102-335, eff. 1-1-22; revised 10-21-21.)
5		(110 ILCS 305/145)
6		(Section scheduled to be repealed on January 1, 2023)
7		Sec. 145 120. Carbon capture, utilization, and storage
8		report.
9		(a) Subject to appropriation, the Prairie Research
10		Institute at the University of Illinois at Urbana-Champaign,
11		in consultation with an intergovernmental advisory committee,
12		must file a report on the potential for carbon capture,
13		utilization, and storage as a climate mitigation technology
14		throughout Illinois with the Governor and the General Assembly
15		no later than December 31, 2022. The report shall provide an
16		assessment of Illinois subsurface storage resources, a
17		description of existing and selected subsurface storage
18		projects, and best practices for carbon storage. Additionally,
19		the report shall provide recommendations for policy and
20		regulatory needs at the State level based on its findings, and
21		shall, at a minimum, address all the following areas:
22		(1) carbon capture, utilization, and storage current
23		status and future storage resource potential in the
24		State; . Enhanced Oil Recovery shall remain outside the
25		scope of this study;

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1		(2) procedures, standards, and safeguards for the
2		storage of carbon dioxide;
3		(3) permitting processes and the coordination with
4		applicable federal law or regulatory commissions,
5		including the Class VI injection well permitting process;
6		(4) economic impact, job creation, and job retention
7		from carbon capture, utilization, and storage that both
8		protects the environment and supports short-term and
9		long-term economic growth;
10		(5) development of knowledge capacity of appropriate
11		State agencies and stakeholders;
12		(6) environmental justice and stakeholder issues
13		related to carbon capture, utilization, and storage
14		throughout the State;
15		(7) leveraging federal policies and public-private
16		partnerships for research, design, and development to
17		benefit the State;
18		(8) liability for the storage and monitoring
19		maintenance of the carbon dioxide after the completion of
20		a carbon capture, utilization, and storage project;
21		(9) acquisition, ownership, and amalgamation of pore
22		space for carbon capture, utilization, and storage;
23		(10) methodologies to establish any necessary fees,
24		costs, or offsets; and
25		(11) any risks to health, safety, the environment, and
26		property uses or values.

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1		(b) In developing the report under this Section, the
2		Prairie Research Institute shall form an advisory committee,
3		which shall be composed of all the following members:
4		(1) the Director of the Environmental Protection
5		Agency, or his or her designee;
6		(2) the Director of Natural Resources, or his or her
7		designee;
8		(3) the Director of Commerce and Economic Opportunity,
9		or his or her designee;
10		(4) the Director of the Illinois Emergency Management
11		Agency, or his or her designee;
12		(5) the Director of Agriculture, or his or her
13		designee;
14		(6) the Attorney General, or his or her designee;
15		(7) one member of the Senate, appointed by the
16		President of the Senate;
17		(8) one member of the House of Representatives,
18		appointed by the Speaker of the House of Representatives;
19		(9) one member of the Senate, appointed by the
20		Minority Leader of the Senate; and
21		(10) one member of the House of Representatives,
22		appointed by the Minority Leader of the House of
23		Representatives.
24		(c) No later than 60 days after August 13, 2021 (the
25		effective date of Public Act 102-341) this amendatory Act of
26		the 102nd General Assembly, the advisory committee shall hold

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1		its first meeting at the call of the Executive Director of the
2		Prairie Research Institute, at which meeting the members shall
3		select a chairperson from among themselves. After its first
4		meeting, the committee shall meet at the call of the
5		chairperson. Members of the committee shall serve without
6		compensation. The Prairie Research Committee shall provide
7		administrative support to the committee.
8		(d) The Prairie Research Institute shall also engage with
9		interested stakeholders throughout the State to gain insights
10		into socio-economic perspectives from environmental justice
11		organizations, environmental non-governmental organizations,
12		industry, landowners, farm bureaus, manufacturing, labor
13		unions, and others.
14		(e) This Section is repealed on January 1, 2023.
15		(Source: P.A. 102-341, eff. 8-13-21; revised 10-18-21.)
16		(110 ILCS 305/150)
17		Sec. 150 120. Undocumented Student Liaison; Undocumented
18		Student Resource Center.
19		(a) Beginning with the 2022-2023 academic year, the Board
20		of Trustees shall designate an employee as an Undocumented
21		Student Resource Liaison to be available on campus to provide
22		assistance to undocumented students and mixed status students
23		within the United States in streamlining access to financial
24		aid and academic support to successfully matriculate to degree
25		completion. The Undocumented Student Liaison shall provide

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1		assistance to vocational students, undergraduate students,
2		graduate students, and professional-track students. An
3		employee who is designated as an Undocumented Student Liaison
4		must be knowledgeable about current legislation and policy
5		changes through professional development with the Illinois
6		Dream Fund Commission to provide the wrap-around services to
7		such students. The Illinois Dream Fund Commission shall
8		conduct professional development under this Section. The
9		Illinois Dream Fund Commission's task force on immigration
10		issues and the Undocumented Student Liaison shall ensure that
11		undocumented immigrants and students from mixed status
12		households receive equitable and inclusive access to the
13		University's retention and matriculation programs.
14		The Board shall ensure that an Undocumented Student
15		Liaison is available at each campus of the University. The
16		Undocumented Student Liaison must be placed in a location that
17		provides direct access for students in collaboration with the
18		retention and matriculation programs of the University. The
19		Undocumented Student Liaison shall report directly to senior
20		leadership and shall assist leadership with the review of
21		policies and procedures that directly affect undocumented and
22		mixed status students.
23		An Undocumented Student Liaison may work on outreach
24		efforts to provide access to resources and support within the
25		grade P-20 education pipeline by supporting summer enrichment
26		programs and pipeline options for students in any of grades 9

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1		through 12.
2		(b) The Board is encouraged to establish an Undocumented
3		Student Resource Center on each of its campuses. An A
4		Undocumented Student Resource Center may offer support
5		services, including, but not limited to, State and private
6		financial assistance, academic and career counseling, and
7		retention and matriculation support services, as well as
8		mental health counseling options because the changing
9		immigration climate impacts a student's overall well-being and
10		success.
11		An Undocumented Student Resource Center may be housed
12		within an existing student service center or academic center,
13		and the new construction of an Undocumented Student Resource
14		Center is not required under this Section.
15		The Board may seek and accept any financial support
16		through institutional advancement, private gifts, or donations
17		to aid in the creation and operation of and the services
18		provided by an Undocumented Student Resource Center.
19		(Source: P.A. 102-475, eff. 8-20-21; revised 10-18-21.)
20		(110 ILCS 305/155)
21		Sec. 155 120. Personal support worker's attendance in
22		class permitted. If a student of the University has a personal
23		support worker through the Home-Based Support Services Program
24		for Adults with Mental Disabilities under the Developmental
25		Disability and Mental Disability Services Act, the Board of

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1		Trustees must permit the personal support worker to attend
2		class with the student but is not responsible for providing or
3		paying for the personal support worker. If the personal
4		support worker's attendance in class is solely to provide
5		personal support services to the student, the Board may not
6		charge the personal support worker tuition and fees for such
7		attendance.
8		(Source: P.A. 102-568, eff. 8-23-21; revised 10-18-21.)
9		Section 335. The University of Illinois Hospital Act is
10		amended by setting forth, renumbering, and changing multiple
11		versions of Section 8d as follows:
12		(110 ILCS 330/8d)
13		(Text of Section from P.A. 102-4 and 102-671)
14		Sec. 8d. N95 masks. Pursuant to and in accordance with
15		applicable local, State, and federal policies, guidance and
16		recommendations of public health and infection control
17		authorities, and taking into consideration the limitations on
18		access to N95 masks caused by disruptions in local, State,
19		national, and international supply chains, the University of
20		Illinois Hospital shall provide N95 masks to physicians
21		licensed under the Medical Practice Act of 1987, registered
22		nurses and advanced practice registered nurses licensed under
23		the Nurse Licensing Act, and any other employees or
24		contractual workers who provide direct patient care and who,

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1		pursuant to such policies, guidance, and recommendations, are
2		recommended to have such a mask to safely provide such direct
3		patient care within a hospital setting. Nothing in this
4		Section shall be construed to impose any new duty or
5		obligation on the University of Illinois Hospital or employee
6		that is greater than that imposed under State and federal laws
7		in effect on the effective date of this amendatory Act of the
8		102nd General Assembly.
9		This Section is repealed on July 1, 2022.
10		(Source: P.A. 102-4, eff. 4-27-21; 102-671, eff. 11-30-21.)
11		(Text of Section from P.A. 102-4 and 102-674)
12		Sec. 8d. N95 masks. Pursuant to and in accordance with
13		applicable local, State, and federal policies, guidance and
14		recommendations of public health and infection control
15		authorities, and taking into consideration the limitations on
16		access to N95 masks caused by disruptions in local, State,
17		national, and international supply chains, the University of
18		Illinois Hospital shall provide N95 masks to physicians
19		licensed under the Medical Practice Act of 1987, registered
20		nurses and advanced practice registered nurses licensed under
21		the Nurse Licensing Act, and any other employees or
22		contractual workers who provide direct patient care and who,
23		pursuant to such policies, guidance, and recommendations, are
24		recommended to have such a mask to safely provide such direct
25		patient care within a hospital setting. Nothing in this

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1		Section shall be construed to impose any new duty or
2		obligation on the University of Illinois Hospital or employee
3		that is greater than that imposed under State and federal laws
4		in effect on the effective date of this amendatory Act of the
5		102nd General Assembly.
6		This Section is repealed on December 31, 2022.
7		(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21.)
8		(110 ILCS 330/8e)
9		Sec. 8e 8d. Facility-provided medication upon discharge.
10		(a) The General Assembly finds that this Section is
11		necessary for the immediate preservation of the public peace,
12		health, and safety.
13		(b) In this Section, "facility-provided medication" has
14		the same meaning as provided under Section 15.10 of the
15		Pharmacy Practice Act.
16		(c) When a facility-provided medication is ordered at
17		least 24 hours in advance for surgical procedures and is
18		administered to a patient at the University of Illinois
19		Hospital, any unused portion of the facility-provided
20		medication must be offered to the patient upon discharge when
21		it is required for continuing treatment.
22		(d) A facility-provided medication shall be labeled
23		consistent with labeling requirements under Section 22 of the
24		Pharmacy Practice Act.
25		(e) If the facility-provided medication is used in an

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1		operating room or emergency department setting, the prescriber
2		is responsible for counseling the patient on its proper use
3		and administration and the requirement of pharmacist
4		counseling is waived.
5		(Source: P.A. 102-155, eff. 7-23-21; revised 11-9-21.)
6		(110 ILCS 330/8f)
7		Sec. 8f 8d. Surgical smoke plume evacuation.
8		(a) In this Section:
9		"Department" means the Department of Public Health.
10		"Surgical smoke plume" means the by-product of the use of
11		energy-based devices on tissue during surgery and containing
12		hazardous materials, including, but not limited to,
13		bioaerosols bio-aeorsols, smoke, gases, tissue and cellular
14		fragments and particulates, and viruses.
15		"Surgical smoke plume evacuation system" means a dedicated
16		device that is designed to capture, transport, filter, and
17		neutralize surgical smoke plume at the site of origin and
18		before surgical smoke plume can make ocular contact, or
19		contact with the respiratory tract, of an employee.
20		(b) To protect patients and health care workers from the
21		hazards of surgical smoke plume, the University of Illinois
22		Hospital shall adopt policies to ensure the elimination of
23		surgical smoke plume by use of a surgical smoke plume
24		evacuation system for each procedure that generates surgical
25		smoke plume from the use of energy-based devices, including,

HB5501 Engrossed - 1211 - LRB102 24698 AMC 33937 b
1		but not limited to, electrosurgery and lasers.
2		(c) The University of Illinois Hospital shall report to
3		the Department within 90 days after January 1, 2022 (the
4		effective date of Public Act 102-533) this amendatory Act of
5		the 102nd General Assembly that policies under subsection (b)
6		of this Section have been adopted.
7		(Source: P.A. 102-533, eff. 1-1-22; revised 11-9-21.)
8		Section 340. The Southern Illinois University Management
9		Act is amended by changing Section 6.6 and by setting forth,
10		renumbering, and changing multiple versions of Section 100 as
11		follows:
12		(110 ILCS 520/6.6)
13		Sec. 6.6. The Illinois Ethanol Research Advisory Board.
14		(a) There is established the Illinois Ethanol Research
15		Advisory Board (the "Advisory Board").
16		(b) The Advisory Board shall be composed of 14 members
17		including: the President of Southern Illinois University who
18		shall be Chairman; the Director of Commerce and Economic
19		Opportunity; the Director of Agriculture; the President of the
20		Illinois Corn Growers Association; the President of the
21		National Corn Growers Association; the President of the
22		Renewable Fuels Association; the Dean of the College of
23		Agricultural, Consumer, and Environmental Science, University
24		of Illinois at Champaign-Urbana; the Dean of the College of

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1		Agricultural, Life, and Physical Sciences, Southern Illinois
2		University at Carbondale; , and 6 at-large members appointed by
3		the Governor representing the ethanol industry, growers,
4		suppliers, and universities.
5		(c) The 6 at-large members shall serve a term of 4 years.
6		The Advisory Board shall meet at least annually or at the call
7		of the Chairman. At any time a majority of the Advisory Board
8		may petition the Chairman for a meeting of the Board. Seven
9		members of the Advisory Board shall constitute a quorum.
10		(d) The Advisory Board shall:
11		(1) Review the annual operating plans and budget of
12		the National Corn-to-Ethanol Research Pilot Plant.
13		(2) Advise on research and development priorities and
14		projects to be carried out at the Corn-to-Ethanol Research
15		Pilot Plant.
16		(3) Advise on policies and procedures regarding the
17		management and operation of the ethanol research pilot
18		plant. This may include contracts, project selection, and
19		personnel issues.
20		(4) Develop bylaws.
21		(5) Submit a final report to the Governor and General
22		Assembly outlining the progress and accomplishments made
23		during the year along with a financial report for the
24		year.
25		(6) Establish and operate, subject to specific
26		appropriation for the purpose of providing facility

HB5501 Engrossed - 1213 - LRB102 24698 AMC 33937 b
1		operating funds, the National Corn-to-Ethanol Research
2		Center at Southern Illinois University at Edwardsville as
3		a State Biorefining Center of Excellence with the
4		following purposes and goals:
5		(A) To utilize interdisciplinary,
6		interinstitutional, and industrial collaborations to
7		conduct research.
8		(B) To provide training and services to the
9		ethanol fuel industry to make projects and training to
10		advance the biofuels industry in the State more
11		affordable for the institutional and industrial
12		bodies, including, but not limited to, Illinois
13		farmer-owned ethanol cooperatives.
14		(C) To coordinate near-term industry research
15		needs and laboratory services by identifying needs and
16		pursuing federal and other funding sources.
17		(D) To develop and provide hands-on training to
18		prepare students for the biofuels workforce and train
19		workforce reentrants.
20		(E) To serve as an independent, third-party source
21		for review, testing, validation standardization, and
22		definition in areas of industry need.
23		(F) To provide seminars, tours, and informational
24		sessions advocating renewable energy.
25		(G) To provide consultation services and
26		information for those interested in renewable energy.

HB5501 Engrossed - 1214 - LRB102 24698 AMC 33937 b
1		(H) To develop demonstration projects by pursuing
2		federal and other funding sources.
3		(e) The Advisory Board established by this Section is a
4		continuation, as changed by the Section, of the Board
5		established under Section 8a of the Energy Conservation and
6		Coal Development Act and repealed by Public Act 92-736 this
7		amendatory Act of the 92nd General Assembly.
8		(Source: P.A. 102-370, eff. 8-13-21; revised 10-6-21.)
9		(110 ILCS 520/100)
10		Sec. 100. Modification of athletic or team uniform
11		permitted.
12		(a) The Board must allow a student athlete to modify his or
13		her athletic or team uniform due to the observance of modesty
14		in clothing or attire in accordance with the requirements of
15		his or her religion or his or her cultural values or modesty
16		preferences. The modification of the athletic or team uniform
17		may include, but is not limited to, the wearing of a hijab, an
18		undershirt, or leggings. If a student chooses to modify his or
19		her athletic or team uniform, the student is responsible for
20		all costs associated with the modification of the uniform and
21		the student shall not be required to receive prior approval
22		from the Board for such modification. However, nothing in this
23		Section prohibits the University from providing the
24		modification to the student.
25		(b) At a minimum, any modification of the athletic or team

HB5501 Engrossed - 1215 - LRB102 24698 AMC 33937 b
1		uniform must not interfere with the movement of the student or
2		pose a safety hazard to the student or to other athletes or
3		players. The modification of headgear is permitted if the
4		headgear:
5		(1) is black, white, the predominant predominate color
6		of the uniform, or the same color for all players on the
7		team;
8		(2) does not cover any part of the face;
9		(3) is not dangerous to the player or to the other
10		players;
11		(4) has no opening or closing elements around the face
12		and neck; and
13		(5) has no parts extruding from its surface.
14		(Source: P.A. 102-51, eff. 7-9-21; revised 10-21-21.)
15		(110 ILCS 520/102)
16		Sec. 102 100. Academic major report. The Board shall
17		provide to each enrolled student, at the time the student
18		declares or changes his or her academic major or program of
19		study, a report that contains relevant, independent, and
20		accurate data related to the student's major or program of
21		study and to the current occupational outlook associated with
22		that major or program of study. The report shall provide the
23		student with all of the following information:
24		(1) The estimated cost of his or her education
25		associated with pursuing a degree in that major or program

HB5501 Engrossed - 1216 - LRB102 24698 AMC 33937 b
1		of study.
2		(2) The average monthly student loan payment over a
3		period of 20 years based on the estimated cost of his or
4		her education under paragraph (1).
5		(3) The average job placement rate within 12 months
6		after graduation for a graduate who holds a degree in that
7		major or program of study.
8		(4) The average entry-level wage or salary for an
9		occupation related to that major or program of study.
10		(5) The average wage or salary 5 years after entry
11		into an occupation under paragraph (4).
12		(Source: P.A. 102-214, eff. 1-1-22; revised 10-21-21.)
13		(110 ILCS 520/110)
14		Sec. 110 100. Availability of menstrual hygiene products.
15		(a) In this Section, "menstrual hygiene products" means
16		tampons and sanitary napkins for use in connection with the
17		menstrual cycle.
18		(b) The Board shall make menstrual hygiene products
19		available, at no cost to students, in the bathrooms of
20		facilities or portions of facilities that (i) are owned or
21		leased by the Board or over which the Board has care, custody,
22		and control and (ii) are used for student instruction or
23		administrative purposes.
24		(Source: P.A. 102-250, eff. 8-5-21; revised 10-21-21.)

HB5501 Engrossed - 1217 - LRB102 24698 AMC 33937 b
1		(110 ILCS 520/115)
2		Sec. 115 100. Adjunct professor; status of class.
3		(a) At least 30 days before the beginning of a term and
4		again at 14 days before the beginning of the term, the Board
5		must notify an adjunct professor about the status of
6		enrollment of the class the adjunct professor was hired to
7		teach.
8		(b) This Section does not apply if the Governor has
9		declared a disaster due to a public health emergency or a
10		natural disaster pursuant to Section 7 of the Illinois
11		Emergency Management Agency Act.
12		(c) Collective bargaining agreements that are in effect on
13		January 1, 2022 (the effective date of Public Act 102-260)
14		this amendatory Act of the 102nd General Assembly are exempt
15		from the requirements of this Section.
16		(Source: P.A. 102-260, eff. 1-1-22; revised 10-21-21.)
17		(110 ILCS 520/120)
18		Sec. 120 100. Family and medical leave coverage. A
19		University employee who has been employed by the University
20		for at least 12 months and who has worked at least 1,000 hours
21		in the previous 12-month period shall be eligible for family
22		and medical leave under the same terms and conditions as leave
23		provided to eligible employees under the federal Family and
24		Medical Leave Act of 1993.
25		(Source: P.A. 102-335, eff. 1-1-22; revised 10-21-21.)

HB5501 Engrossed - 1218 - LRB102 24698 AMC 33937 b
1		(110 ILCS 520/125)
2		Sec. 125 100. Undocumented Student Liaison; Undocumented
3		Student Resource Center.
4		(a) Beginning with the 2022-2023 academic year, the Board
5		shall designate an employee as an Undocumented Student
6		Resource Liaison to be available on campus to provide
7		assistance to undocumented students and mixed status students
8		within the United States in streamlining access to financial
9		aid and academic support to successfully matriculate to degree
10		completion. The Undocumented Student Liaison shall provide
11		assistance to vocational students, undergraduate students,
12		graduate students, and professional-track students. An
13		employee who is designated as an Undocumented Student Liaison
14		must be knowledgeable about current legislation and policy
15		changes through professional development with the Illinois
16		Dream Fund Commission to provide the wrap-around services to
17		such students. The Illinois Dream Fund Commission shall
18		conduct professional development under this Section. The
19		Illinois Dream Fund Commission's task force on immigration
20		issues and the Undocumented Student Liaison shall ensure that
21		undocumented immigrants and students from mixed status
22		households receive equitable and inclusive access to the
23		University's retention and matriculation programs.
24		The Board shall ensure that an Undocumented Student
25		Liaison is available at each campus of the University. The

HB5501 Engrossed - 1219 - LRB102 24698 AMC 33937 b
1		Undocumented Student Liaison must be placed in a location that
2		provides direct access for students in collaboration with the
3		retention and matriculation programs of the University. The
4		Undocumented Student Liaison shall report directly to senior
5		leadership and shall assist leadership with the review of
6		policies and procedures that directly affect undocumented and
7		mixed status students.
8		An Undocumented Student Liaison may work on outreach
9		efforts to provide access to resources and support within the
10		grade P-20 education pipeline by supporting summer enrichment
11		programs and pipeline options for students in any of grades 9
12		through 12.
13		(b) The Board is encouraged to establish an Undocumented
14		Student Resource Center on each of its campuses. An A
15		Undocumented Student Resource Center may offer support
16		services, including, but not limited to, State and private
17		financial assistance, academic and career counseling, and
18		retention and matriculation support services, as well as
19		mental health counseling options because the changing
20		immigration climate impacts a student's overall well-being and
21		success.
22		An Undocumented Student Resource Center may be housed
23		within an existing student service center or academic center,
24		and the new construction of an Undocumented Student Resource
25		Center is not required under this Section.
26		The Board may seek and accept any financial support

HB5501 Engrossed - 1220 - LRB102 24698 AMC 33937 b
1		through institutional advancement, private gifts, or donations
2		to aid in the creation and operation of and the services
3		provided by an Undocumented Student Resource Center.
4		(Source: P.A. 102-475, eff. 8-20-21; revised 10-21-21.)
5		(110 ILCS 520/130)
6		Sec. 130 100. Personal support worker's attendance in
7		class permitted. If a student of the University has a personal
8		support worker through the Home-Based Support Services Program
9		for Adults with Mental Disabilities under the Developmental
10		Disability and Mental Disability Services Act, the Board must
11		permit the personal support worker to attend class with the
12		student but is not responsible for providing or paying for the
13		personal support worker. If the personal support worker's
14		attendance in class is solely to provide personal support
15		services to the student, the Board may not charge the personal
16		support worker tuition and fees for such attendance.
17		(Source: P.A. 102-568, eff. 8-23-21; revised 10-21-21.)
18		Section 345. The Chicago State University Law is amended
19		by setting forth, renumbering, and changing multiple versions
20		of Section 5-210 as follows:
21		(110 ILCS 660/5-210)
22		Sec. 5-210. Modification of athletic or team uniform
23		permitted.

HB5501 Engrossed - 1221 - LRB102 24698 AMC 33937 b
1		(a) The Board must allow a student athlete to modify his or
2		her athletic or team uniform due to the observance of modesty
3		in clothing or attire in accordance with the requirements of
4		his or her religion or his or her cultural values or modesty
5		preferences. The modification of the athletic or team uniform
6		may include, but is not limited to, the wearing of a hijab, an
7		undershirt, or leggings. If a student chooses to modify his or
8		her athletic or team uniform, the student is responsible for
9		all costs associated with the modification of the uniform and
10		the student shall not be required to receive prior approval
11		from the Board for such modification. However, nothing in this
12		Section prohibits the University from providing the
13		modification to the student.
14		(b) At a minimum, any modification of the athletic or team
15		uniform must not interfere with the movement of the student or
16		pose a safety hazard to the student or to other athletes or
17		players. The modification of headgear is permitted if the
18		headgear:
19		(1) is black, white, the predominant predominate color
20		of the uniform, or the same color for all players on the
21		team;
22		(2) does not cover any part of the face;
23		(3) is not dangerous to the player or to the other
24		players;
25		(4) has no opening or closing elements around the face
26		and neck; and

HB5501 Engrossed - 1222 - LRB102 24698 AMC 33937 b
1		(5) has no parts extruding from its surface.
2		(Source: P.A. 102-51, eff. 7-9-21; revised 10-26-21.)
3		(110 ILCS 660/5-212)
4		Sec. 5-212 5-210. Academic major report. The Board shall
5		provide to each enrolled student, at the time the student
6		declares or changes his or her academic major or program of
7		study, a report that contains relevant, independent, and
8		accurate data related to the student's major or program of
9		study and to the current occupational outlook associated with
10		that major or program of study. The report shall provide the
11		student with all of the following information:
12		(1) The estimated cost of his or her education
13		associated with pursuing a degree in that major or program
14		of study.
15		(2) The average monthly student loan payment over a
16		period of 20 years based on the estimated cost of his or
17		her education under paragraph (1).
18		(3) The average job placement rate within 12 months
19		after graduation for a graduate who holds a degree in that
20		major or program of study.
21		(4) The average entry-level wage or salary for an
22		occupation related to that major or program of study.
23		(5) The average wage or salary 5 years after entry
24		into an occupation under paragraph (4).
25		(Source: P.A. 102-214, eff. 1-1-22; revised 10-26-21.)

HB5501 Engrossed - 1223 - LRB102 24698 AMC 33937 b
1		(110 ILCS 660/5-220)
2		Sec. 5-220 5-210. Availability of menstrual hygiene
3		products.
4		(a) In this Section, "menstrual hygiene products" means
5		tampons and sanitary napkins for use in connection with the
6		menstrual cycle.
7		(b) The Board shall make menstrual hygiene products
8		available, at no cost to students, in the bathrooms of
9		facilities or portions of facilities that (i) are owned or
10		leased by the Board or over which the Board has care, custody,
11		and control and (ii) are used for student instruction or
12		administrative purposes.
13		(Source: P.A. 102-250, eff. 8-5-21; revised 10-26-21.)
14		(110 ILCS 660/5-225)
15		Sec. 5-225 5-210. Adjunct professor; status of class.
16		(a) At least 30 days before the beginning of a term and
17		again at 14 days before the beginning of the term, the Board
18		must notify an adjunct professor about the status of
19		enrollment of the class the adjunct professor was hired to
20		teach.
21		(b) This Section does not apply if the Governor has
22		declared a disaster due to a public health emergency or a
23		natural disaster pursuant to Section 7 of the Illinois
24		Emergency Management Agency Act.

HB5501 Engrossed - 1224 - LRB102 24698 AMC 33937 b
1		(c) Collective bargaining agreements that are in effect on
2		January 1, 2022 (the effective date of Public Act 102-260)
3		this amendatory Act of the 102nd General Assembly are exempt
4		from the requirements of this Section.
5		(Source: P.A. 102-260, eff. 1-1-22; revised 10-26-21.)
6		(110 ILCS 660/5-230)
7		Sec. 5-230 5-210. Family and medical leave coverage. A
8		University employee who has been employed by the University
9		for at least 12 months and who has worked at least 1,000 hours
10		in the previous 12-month period shall be eligible for family
11		and medical leave under the same terms and conditions as leave
12		provided to eligible employees under the federal Family and
13		Medical Leave Act of 1993.
14		(Source: P.A. 102-335, eff. 1-1-22; revised 10-26-21.)
15		(110 ILCS 660/5-235)
16		Sec. 5-235 5-210. Undocumented Student Liaison;
17		Undocumented Student Resource Center.
18		(a) Beginning with the 2022-2023 academic year, the Board
19		shall designate an employee as an Undocumented Student
20		Resource Liaison to be available on campus to provide
21		assistance to undocumented students and mixed status students
22		within the United States in streamlining access to financial
23		aid and academic support to successfully matriculate to degree
24		completion. The Undocumented Student Liaison shall provide

HB5501 Engrossed - 1225 - LRB102 24698 AMC 33937 b
1		assistance to vocational students, undergraduate students,
2		graduate students, and professional-track students. An
3		employee who is designated as an Undocumented Student Liaison
4		must be knowledgeable about current legislation and policy
5		changes through professional development with the Illinois
6		Dream Fund Commission to provide the wrap-around services to
7		such students. The Illinois Dream Fund Commission shall
8		conduct professional development under this Section. The
9		Illinois Dream Fund Commission's task force on immigration
10		issues and the Undocumented Student Liaison shall ensure that
11		undocumented immigrants and students from mixed status
12		households receive equitable and inclusive access to the
13		University's retention and matriculation programs.
14		The Board shall ensure that an Undocumented Student
15		Liaison is available at each campus of the University. The
16		Undocumented Student Liaison must be placed in a location that
17		provides direct access for students in collaboration with the
18		retention and matriculation programs of the University. The
19		Undocumented Student Liaison shall report directly to senior
20		leadership and shall assist leadership with the review of
21		policies and procedures that directly affect undocumented and
22		mixed status students.
23		An Undocumented Student Liaison may work on outreach
24		efforts to provide access to resources and support within the
25		grade P-20 education pipeline by supporting summer enrichment
26		programs and pipeline options for students in any of grades 9

HB5501 Engrossed - 1226 - LRB102 24698 AMC 33937 b
1		through 12.
2		(b) The Board is encouraged to establish an Undocumented
3		Student Resource Center on each of its campuses. An A
4		Undocumented Student Resource Center may offer support
5		services, including, but not limited to, State and private
6		financial assistance, academic and career counseling, and
7		retention and matriculation support services, as well as
8		mental health counseling options because the changing
9		immigration climate impacts a student's overall well-being and
10		success.
11		An Undocumented Student Resource Center may be housed
12		within an existing student service center or academic center,
13		and the new construction of an Undocumented Student Resource
14		Center is not required under this Section.
15		The Board may seek and accept any financial support
16		through institutional advancement, private gifts, or donations
17		to aid in the creation and operation of and the services
18		provided by an Undocumented Student Resource Center.
19		(Source: P.A. 102-475, eff. 8-20-21; revised 10-26-21.)
20		(110 ILCS 660/5-240)
21		Sec. 5-240 5-210. Personal support worker's attendance in
22		class permitted. If a student of the University has a personal
23		support worker through the Home-Based Support Services Program
24		for Adults with Mental Disabilities under the Developmental
25		Disability and Mental Disability Services Act, the Board must

HB5501 Engrossed - 1227 - LRB102 24698 AMC 33937 b
1		permit the personal support worker to attend class with the
2		student but is not responsible for providing or paying for the
3		personal support worker. If the personal support worker's
4		attendance in class is solely to provide personal support
5		services to the student, the Board may not charge the personal
6		support worker tuition and fees for such attendance.
7		(Source: P.A. 102-568, eff. 8-23-21; revised 10-26-21.)
8		Section 350. The Eastern Illinois University Law is
9		amended by setting forth, renumbering, and changing multiple
10		versions of Section 10-210 as follows:
11		(110 ILCS 665/10-210)
12		Sec. 10-210. Modification of athletic or team uniform
13		permitted.
14		(a) The Board must allow a student athlete to modify his or
15		her athletic or team uniform due to the observance of modesty
16		in clothing or attire in accordance with the requirements of
17		his or her religion or his or her cultural values or modesty
18		preferences. The modification of the athletic or team uniform
19		may include, but is not limited to, the wearing of a hijab, an
20		undershirt, or leggings. If a student chooses to modify his or
21		her athletic or team uniform, the student is responsible for
22		all costs associated with the modification of the uniform and
23		the student shall not be required to receive prior approval
24		from the Board for such modification. However, nothing in this

HB5501 Engrossed - 1228 - LRB102 24698 AMC 33937 b
1		Section prohibits the University from providing the
2		modification to the student.
3		(b) At a minimum, any modification of the athletic or team
4		uniform must not interfere with the movement of the student or
5		pose a safety hazard to the student or to other athletes or
6		players. The modification of headgear is permitted if the
7		headgear:
8		(1) is black, white, the predominant predominate color
9		of the uniform, or the same color for all players on the
10		team;
11		(2) does not cover any part of the face;
12		(3) is not dangerous to the player or to the other
13		players;
14		(4) has no opening or closing elements around the face
15		and neck; and
16		(5) has no parts extruding from its surface.
17		(Source: P.A. 102-51, eff. 7-9-21; revised 10-27-21.)
18		(110 ILCS 665/10-212)
19		Sec. 10-212 10-210. Academic major report. The Board shall
20		provide to each enrolled student, at the time the student
21		declares or changes his or her academic major or program of
22		study, a report that contains relevant, independent, and
23		accurate data related to the student's major or program of
24		study and to the current occupational outlook associated with
25		that major or program of study. The report shall provide the

HB5501 Engrossed - 1229 - LRB102 24698 AMC 33937 b
1		student with all of the following information:
2		(1) The estimated cost of his or her education
3		associated with pursuing a degree in that major or program
4		of study.
5		(2) The average monthly student loan payment over a
6		period of 20 years based on the estimated cost of his or
7		her education under paragraph (1).
8		(3) The average job placement rate within 12 months
9		after graduation for a graduate who holds a degree in that
10		major or program of study.
11		(4) The average entry-level wage or salary for an
12		occupation related to that major or program of study.
13		(5) The average wage or salary 5 years after entry
14		into an occupation under paragraph (4).
15		(Source: P.A. 102-214, eff. 1-1-22; revised 11-16-21.)
16		(110 ILCS 665/10-220)
17		Sec. 10-220 10-210. Availability of menstrual hygiene
18		products.
19		(a) In this Section, "menstrual hygiene products" means
20		tampons and sanitary napkins for use in connection with the
21		menstrual cycle.
22		(b) The Board shall make menstrual hygiene products
23		available, at no cost to students, in the bathrooms of
24		facilities or portions of facilities that (i) are owned or
25		leased by the Board or over which the Board has care, custody,

HB5501 Engrossed - 1230 - LRB102 24698 AMC 33937 b
1		and control and (ii) are used for student instruction or
2		administrative purposes.
3		(Source: P.A. 102-250, eff. 8-5-21; revised 10-27-21.)
4		(110 ILCS 665/10-225)
5		Sec. 10-225 10-210. Adjunct professor; status of class.
6		(a) At least 30 days before the beginning of a term and
7		again at 14 days before the beginning of the term, the Board
8		must notify an adjunct professor about the status of
9		enrollment of the class the adjunct professor was hired to
10		teach.
11		(b) This Section does not apply if the Governor has
12		declared a disaster due to a public health emergency or a
13		natural disaster pursuant to Section 7 of the Illinois
14		Emergency Management Agency Act.
15		(c) Collective bargaining agreements that are in effect on
16		January 1, 2022 (the effective date of Public Act 102-260)
17		this amendatory Act of the 102nd General Assembly are exempt
18		from the requirements of this Section.
19		(Source: P.A. 102-260, eff. 1-1-22; revised 10-27-21.)
20		(110 ILCS 665/10-230)
21		Sec. 10-230 10-210. Family and medical leave coverage. A
22		University employee who has been employed by the University
23		for at least 12 months and who has worked at least 1,000 hours
24		in the previous 12-month period shall be eligible for family

HB5501 Engrossed - 1231 - LRB102 24698 AMC 33937 b
1		and medical leave under the same terms and conditions as leave
2		provided to eligible employees under the federal Family and
3		Medical Leave Act of 1993.
4		(Source: P.A. 102-335, eff. 1-1-22; revised 10-27-21.)
5		(110 ILCS 665/10-235)
6		Sec. 10-235 10-210. Undocumented Student Liaison;
7		Undocumented Student Resource Center.
8		(a) Beginning with the 2022-2023 academic year, the Board
9		shall designate an employee as an Undocumented Student
10		Resource Liaison to be available on campus to provide
11		assistance to undocumented students and mixed status students
12		within the United States in streamlining access to financial
13		aid and academic support to successfully matriculate to degree
14		completion. The Undocumented Student Liaison shall provide
15		assistance to vocational students, undergraduate students,
16		graduate students, and professional-track students. An
17		employee who is designated as an Undocumented Student Liaison
18		must be knowledgeable about current legislation and policy
19		changes through professional development with the Illinois
20		Dream Fund Commission to provide the wrap-around services to
21		such students. The Illinois Dream Fund Commission shall
22		conduct professional development under this Section. The
23		Illinois Dream Fund Commission's task force on immigration
24		issues and the Undocumented Student Liaison shall ensure that
25		undocumented immigrants and students from mixed status

HB5501 Engrossed - 1232 - LRB102 24698 AMC 33937 b
1		households receive equitable and inclusive access to the
2		University's retention and matriculation programs.
3		The Board shall ensure that an Undocumented Student
4		Liaison is available at each campus of the University. The
5		Undocumented Student Liaison must be placed in a location that
6		provides direct access for students in collaboration with the
7		retention and matriculation programs of the University. The
8		Undocumented Student Liaison shall report directly to senior
9		leadership and shall assist leadership with the review of
10		policies and procedures that directly affect undocumented and
11		mixed status students.
12		An Undocumented Student Liaison may work on outreach
13		efforts to provide access to resources and support within the
14		grade P-20 education pipeline by supporting summer enrichment
15		programs and pipeline options for students in any of grades 9
16		through 12.
17		(b) The Board is encouraged to establish an Undocumented
18		Student Resource Center on each of its campuses. An A
19		Undocumented Student Resource Center may offer support
20		services, including, but not limited to, State and private
21		financial assistance, academic and career counseling, and
22		retention and matriculation support services, as well as
23		mental health counseling options because the changing
24		immigration climate impacts a student's overall well-being and
25		success.
26		An Undocumented Student Resource Center may be housed

HB5501 Engrossed - 1233 - LRB102 24698 AMC 33937 b
1		within an existing student service center or academic center,
2		and the new construction of an Undocumented Student Resource
3		Center is not required under this Section.
4		The Board may seek and accept any financial support
5		through institutional advancement, private gifts, or donations
6		to aid in the creation and operation of and the services
7		provided by an Undocumented Student Resource Center.
8		(Source: P.A. 102-475, eff. 8-20-21; revised 10-27-21.)
9		(110 ILCS 665/10-240)
10		Sec. 10-240 10-210. Personal support worker's attendance
11		in class permitted. If a student of the University has a
12		personal support worker through the Home-Based Support
13		Services Program for Adults with Mental Disabilities under the
14		Developmental Disability and Mental Disability Services Act,
15		the Board must permit the personal support worker to attend
16		class with the student but is not responsible for providing or
17		paying for the personal support worker. If the personal
18		support worker's attendance in class is solely to provide
19		personal support services to the student, the Board may not
20		charge the personal support worker tuition and fees for such
21		attendance.
22		(Source: P.A. 102-568, eff. 8-23-21; revised 10-27-21.)
23		Section 355. The Governors State University Law is amended
24		by setting forth, renumbering, and changing multiple versions

HB5501 Engrossed - 1234 - LRB102 24698 AMC 33937 b
1		of Section 15-210 as follows:
2		(110 ILCS 670/15-210)
3		Sec. 15-210. Modification of athletic or team uniform
4		permitted.
5		(a) The Board must allow a student athlete to modify his or
6		her athletic or team uniform due to the observance of modesty
7		in clothing or attire in accordance with the requirements of
8		his or her religion or his or her cultural values or modesty
9		preferences. The modification of the athletic or team uniform
10		may include, but is not limited to, the wearing of a hijab, an
11		undershirt, or leggings. If a student chooses to modify his or
12		her athletic or team uniform, the student is responsible for
13		all costs associated with the modification of the uniform and
14		the student shall not be required to receive prior approval
15		from the Board for such modification. However, nothing in this
16		Section prohibits the University from providing the
17		modification to the student.
18		(b) At a minimum, any modification of the athletic or team
19		uniform must not interfere with the movement of the student or
20		pose a safety hazard to the student or to other athletes or
21		players. The modification of headgear is permitted if the
22		headgear:
23		(1) is black, white, the predominant predominate color
24		of the uniform, or the same color for all players on the
25		team;

HB5501 Engrossed - 1235 - LRB102 24698 AMC 33937 b
1		(2) does not cover any part of the face;
2		(3) is not dangerous to the player or to the other
3		players;
4		(4) has no opening or closing elements around the face
5		and neck; and
6		(5) has no parts extruding from its surface.
7		(Source: P.A. 102-51, eff. 7-9-21; revised 10-29-21.)
8		(110 ILCS 670/15-212)
9		Sec. 15-212 15-210. Academic major report. The Board shall
10		provide to each enrolled student, at the time the student
11		declares or changes his or her academic major or program of
12		study, a report that contains relevant, independent, and
13		accurate data related to the student's major or program of
14		study and to the current occupational outlook associated with
15		that major or program of study. The report shall provide the
16		student with all of the following information:
17		(1) The estimated cost of his or her education
18		associated with pursuing a degree in that major or program
19		of study.
20		(2) The average monthly student loan payment over a
21		period of 20 years based on the estimated cost of his or
22		her education under paragraph (1).
23		(3) The average job placement rate within 12 months
24		after graduation for a graduate who holds a degree in that
25		major or program of study.

HB5501 Engrossed - 1236 - LRB102 24698 AMC 33937 b
1		(4) The average entry-level wage or salary for an
2		occupation related to that major or program of study.
3		(5) The average wage or salary 5 years after entry
4		into an occupation under paragraph (4).
5		(Source: P.A. 102-214, eff. 1-1-22; revised 10-29-21.)
6		(110 ILCS 670/15-220)
7		Sec. 15-220 15-210. Availability of menstrual hygiene
8		products.
9		(a) In this Section, "menstrual hygiene products" means
10		tampons and sanitary napkins for use in connection with the
11		menstrual cycle.
12		(b) The Board shall make menstrual hygiene products
13		available, at no cost to students, in the bathrooms of
14		facilities or portions of facilities that (i) are owned or
15		leased by the Board or over which the Board has care, custody,
16		and control and (ii) are used for student instruction or
17		administrative purposes.
18		(Source: P.A. 102-250, eff. 8-5-21; revised 10-29-21.)
19		(110 ILCS 670/15-225)
20		Sec. 15-225 15-210. Adjunct professor; status of class.
21		(a) At least 30 days before the beginning of a term and
22		again at 14 days before the beginning of the term, the Board
23		must notify an adjunct professor about the status of
24		enrollment of the class the adjunct professor was hired to

HB5501 Engrossed - 1237 - LRB102 24698 AMC 33937 b
1		teach.
2		(b) This Section does not apply if the Governor has
3		declared a disaster due to a public health emergency or a
4		natural disaster pursuant to Section 7 of the Illinois
5		Emergency Management Agency Act.
6		(c) Collective bargaining agreements that are in effect on
7		January 1, 2022 (the effective date of Public Act 102-260)
8		this amendatory Act of the 102nd General Assembly are exempt
9		from the requirements of this Section.
10		(Source: P.A. 102-260, eff. 1-1-22; revised 10-29-21.)
11		(110 ILCS 670/15-230)
12		Sec. 15-230 15-210. Family and medical leave coverage. A
13		University employee who has been employed by the University
14		for at least 12 months and who has worked at least 1,000 hours
15		in the previous 12-month period shall be eligible for family
16		and medical leave under the same terms and conditions as leave
17		provided to eligible employees under the federal Family and
18		Medical Leave Act of 1993.
19		(Source: P.A. 102-335, eff. 1-1-22; revised 10-29-21.)
20		(110 ILCS 670/15-235)
21		Sec. 15-235 15-210. Undocumented Student Liaison;
22		Undocumented Student Resource Center.
23		(a) Beginning with the 2022-2023 academic year, the Board
24		shall designate an employee as an Undocumented Student

HB5501 Engrossed - 1238 - LRB102 24698 AMC 33937 b
1		Resource Liaison to be available on campus to provide
2		assistance to undocumented students and mixed status students
3		within the United States in streamlining access to financial
4		aid and academic support to successfully matriculate to degree
5		completion. The Undocumented Student Liaison shall provide
6		assistance to vocational students, undergraduate students,
7		graduate students, and professional-track students. An
8		employee who is designated as an Undocumented Student Liaison
9		must be knowledgeable about current legislation and policy
10		changes through professional development with the Illinois
11		Dream Fund Commission to provide the wrap-around services to
12		such students. The Illinois Dream Fund Commission shall
13		conduct professional development under this Section. The
14		Illinois Dream Fund Commission's task force on immigration
15		issues and the Undocumented Student Liaison shall ensure that
16		undocumented immigrants and students from mixed status
17		households receive equitable and inclusive access to the
18		University's retention and matriculation programs.
19		The Board shall ensure that an Undocumented Student
20		Liaison is available at each campus of the University. The
21		Undocumented Student Liaison must be placed in a location that
22		provides direct access for students in collaboration with the
23		retention and matriculation programs of the University. The
24		Undocumented Student Liaison shall report directly to senior
25		leadership and shall assist leadership with the review of
26		policies and procedures that directly affect undocumented and

HB5501 Engrossed - 1239 - LRB102 24698 AMC 33937 b
1		mixed status students.
2		An Undocumented Student Liaison may work on outreach
3		efforts to provide access to resources and support within the
4		grade P-20 education pipeline by supporting summer enrichment
5		programs and pipeline options for students in any of grades 9
6		through 12.
7		(b) The Board is encouraged to establish an Undocumented
8		Student Resource Center on each of its campuses. An A
9		Undocumented Student Resource Center may offer support
10		services, including, but not limited to, State and private
11		financial assistance, academic and career counseling, and
12		retention and matriculation support services, as well as
13		mental health counseling options because the changing
14		immigration climate impacts a student's overall well-being and
15		success.
16		An Undocumented Student Resource Center may be housed
17		within an existing student service center or academic center,
18		and the new construction of an Undocumented Student Resource
19		Center is not required under this Section.
20		The Board may seek and accept any financial support
21		through institutional advancement, private gifts, or donations
22		to aid in the creation and operation of and the services
23		provided by an Undocumented Student Resource Center.
24		(Source: P.A. 102-475, eff. 8-20-21; revised 10-29-21.)
25		(110 ILCS 670/15-240)

HB5501 Engrossed - 1240 - LRB102 24698 AMC 33937 b
1		Sec. 15-240 15-210. Personal support worker's attendance
2		in class permitted. If a student of the University has a
3		personal support worker through the Home-Based Support
4		Services Program for Adults with Mental Disabilities under the
5		Developmental Disability and Mental Disability Services Act,
6		the Board must permit the personal support worker to attend
7		class with the student but is not responsible for providing or
8		paying for the personal support worker. If the personal
9		support worker's attendance in class is solely to provide
10		personal support services to the student, the Board may not
11		charge the personal support worker tuition and fees for such
12		attendance.
13		(Source: P.A. 102-568, eff. 8-23-21; revised 10-29-21.)
14		Section 360. The Illinois State University Law is amended
15		by setting forth, renumbering, and changing multiple versions
16		of Section 20-215 as follows:
17		(110 ILCS 675/20-215)
18		Sec. 20-215. Modification of athletic or team uniform
19		permitted.
20		(a) The Board must allow a student athlete to modify his or
21		her athletic or team uniform due to the observance of modesty
22		in clothing or attire in accordance with the requirements of
23		his or her religion or his or her cultural values or modesty
24		preferences. The modification of the athletic or team uniform

HB5501 Engrossed - 1241 - LRB102 24698 AMC 33937 b
1		may include, but is not limited to, the wearing of a hijab, an
2		undershirt, or leggings. If a student chooses to modify his or
3		her athletic or team uniform, the student is responsible for
4		all costs associated with the modification of the uniform and
5		the student shall not be required to receive prior approval
6		from the Board for such modification. However, nothing in this
7		Section prohibits the University from providing the
8		modification to the student.
9		(b) At a minimum, any modification of the athletic or team
10		uniform must not interfere with the movement of the student or
11		pose a safety hazard to the student or to other athletes or
12		players. The modification of headgear is permitted if the
13		headgear:
14		(1) is black, white, the predominant predominate color
15		of the uniform, or the same color for all players on the
16		team;
17		(2) does not cover any part of the face;
18		(3) is not dangerous to the player or to the other
19		players;
20		(4) has no opening or closing elements around the face
21		and neck; and
22		(5) has no parts extruding from its surface.
23		(Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)
24		(110 ILCS 675/20-217)
25		Sec. 20-217 20-215. Academic major report. The Board shall

HB5501 Engrossed - 1242 - LRB102 24698 AMC 33937 b
1		provide to each enrolled student, at the time the student
2		declares or changes his or her academic major or program of
3		study, a report that contains relevant, independent, and
4		accurate data related to the student's major or program of
5		study and to the current occupational outlook associated with
6		that major or program of study. The report shall provide the
7		student with all of the following information:
8		(1) The estimated cost of his or her education
9		associated with pursuing a degree in that major or program
10		of study.
11		(2) The average monthly student loan payment over a
12		period of 20 years based on the estimated cost of his or
13		her education under paragraph (1).
14		(3) The average job placement rate within 12 months
15		after graduation for a graduate who holds a degree in that
16		major or program of study.
17		(4) The average entry-level wage or salary for an
18		occupation related to that major or program of study.
19		(5) The average wage or salary 5 years after entry
20		into an occupation under paragraph (4).
21		(Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)
22		(110 ILCS 675/20-225)
23		Sec. 20-225 20-215. Availability of menstrual hygiene
24		products.
25		(a) In this Section, "menstrual hygiene products" means

HB5501 Engrossed - 1243 - LRB102 24698 AMC 33937 b
1		tampons and sanitary napkins for use in connection with the
2		menstrual cycle.
3		(b) The Board shall make menstrual hygiene products
4		available, at no cost to students, in the bathrooms of
5		facilities or portions of facilities that (i) are owned or
6		leased by the Board or over which the Board has care, custody,
7		and control and (ii) are used for student instruction or
8		administrative purposes.
9		(Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)
10		(110 ILCS 675/20-230)
11		Sec. 20-230 20-215. Adjunct professor; status of class.
12		(a) At least 30 days before the beginning of a term and
13		again at 14 days before the beginning of the term, the Board
14		must notify an adjunct professor about the status of
15		enrollment of the class the adjunct professor was hired to
16		teach.
17		(b) This Section does not apply if the Governor has
18		declared a disaster due to a public health emergency or a
19		natural disaster pursuant to Section 7 of the Illinois
20		Emergency Management Agency Act.
21		(c) Collective bargaining agreements that are in effect on
22		January 1, 2022 (the effective date of Public Act 102-260)
23		this amendatory Act of the 102nd General Assembly are exempt
24		from the requirements of this Section.
25		(Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)

HB5501 Engrossed - 1244 - LRB102 24698 AMC 33937 b
1		(110 ILCS 675/20-235)
2		Sec. 20-235 20-215. Family and medical leave coverage. A
3		University employee who has been employed by the University
4		for at least 12 months and who has worked at least 1,000 hours
5		in the previous 12-month period shall be eligible for family
6		and medical leave under the same terms and conditions as leave
7		provided to eligible employees under the federal Family and
8		Medical Leave Act of 1993.
9		(Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)
10		(110 ILCS 675/20-240)
11		Sec. 20-240 20-215. Undocumented Student Liaison;
12		Undocumented Student Resource Center.
13		(a) Beginning with the 2022-2023 academic year, the Board
14		shall designate an employee as an Undocumented Student
15		Resource Liaison to be available on campus to provide
16		assistance to undocumented students and mixed status students
17		within the United States in streamlining access to financial
18		aid and academic support to successfully matriculate to degree
19		completion. The Undocumented Student Liaison shall provide
20		assistance to vocational students, undergraduate students,
21		graduate students, and professional-track students. An
22		employee who is designated as an Undocumented Student Liaison
23		must be knowledgeable about current legislation and policy
24		changes through professional development with the Illinois

HB5501 Engrossed - 1245 - LRB102 24698 AMC 33937 b
1		Dream Fund Commission to provide the wrap-around services to
2		such students. The Illinois Dream Fund Commission shall
3		conduct professional development under this Section. The
4		Illinois Dream Fund Commission's task force on immigration
5		issues and the Undocumented Student Liaison shall ensure that
6		undocumented immigrants and students from mixed status
7		households receive equitable and inclusive access to the
8		University's retention and matriculation programs.
9		The Board shall ensure that an Undocumented Student
10		Liaison is available at each campus of the University. The
11		Undocumented Student Liaison must be placed in a location that
12		provides direct access for students in collaboration with the
13		retention and matriculation programs of the University. The
14		Undocumented Student Liaison shall report directly to senior
15		leadership and shall assist leadership with the review of
16		policies and procedures that directly affect undocumented and
17		mixed status students.
18		An Undocumented Student Liaison may work on outreach
19		efforts to provide access to resources and support within the
20		grade P-20 education pipeline by supporting summer enrichment
21		programs and pipeline options for students in any of grades 9
22		through 12.
23		(b) The Board is encouraged to establish an Undocumented
24		Student Resource Center on each of its campuses. An A
25		Undocumented Student Resource Center may offer support
26		services, including, but not limited to, State and private

HB5501 Engrossed - 1246 - LRB102 24698 AMC 33937 b
1		financial assistance, academic and career counseling, and
2		retention and matriculation support services, as well as
3		mental health counseling options because the changing
4		immigration climate impacts a student's overall well-being and
5		success.
6		An Undocumented Student Resource Center may be housed
7		within an existing student service center or academic center,
8		and the new construction of an Undocumented Student Resource
9		Center is not required under this Section.
10		The Board may seek and accept any financial support
11		through institutional advancement, private gifts, or donations
12		to aid in the creation and operation of and the services
13		provided by an Undocumented Student Resource Center.
14		(Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
15		(110 ILCS 675/20-245)
16		Sec. 20-245 20-215. Personal support worker's attendance
17		in class permitted. If a student of the University has a
18		personal support worker through the Home-Based Support
19		Services Program for Adults with Mental Disabilities under the
20		Developmental Disability and Mental Disability Services Act,
21		the Board must permit the personal support worker to attend
22		class with the student but is not responsible for providing or
23		paying for the personal support worker. If the personal
24		support worker's attendance in class is solely to provide
25		personal support services to the student, the Board may not

HB5501 Engrossed - 1247 - LRB102 24698 AMC 33937 b
1		charge the personal support worker tuition and fees for such
2		attendance.
3		(Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
4		Section 365. The Northeastern Illinois University Law is
5		amended by setting forth, renumbering, and changing multiple
6		versions of Section 25-210 as follows:
7		(110 ILCS 680/25-210)
8		Sec. 25-210. Modification of athletic or team uniform
9		permitted.
10		(a) The Board must allow a student athlete to modify his or
11		her athletic or team uniform due to the observance of modesty
12		in clothing or attire in accordance with the requirements of
13		his or her religion or his or her cultural values or modesty
14		preferences. The modification of the athletic or team uniform
15		may include, but is not limited to, the wearing of a hijab, an
16		undershirt, or leggings. If a student chooses to modify his or
17		her athletic or team uniform, the student is responsible for
18		all costs associated with the modification of the uniform and
19		the student shall not be required to receive prior approval
20		from the Board for such modification. However, nothing in this
21		Section prohibits the University from providing the
22		modification to the student.
23		(b) At a minimum, any modification of the athletic or team
24		uniform must not interfere with the movement of the student or

HB5501 Engrossed - 1248 - LRB102 24698 AMC 33937 b
1		pose a safety hazard to the student or to other athletes or
2		players. The modification of headgear is permitted if the
3		headgear:
4		(1) is black, white, the predominant predominate color
5		of the uniform, or the same color for all players on the
6		team;
7		(2) does not cover any part of the face;
8		(3) is not dangerous to the player or to the other
9		players;
10		(4) has no opening or closing elements around the face
11		and neck; and
12		(5) has no parts extruding from its surface.
13		(Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)
14		(110 ILCS 680/25-212)
15		Sec. 25-212 25-210. Academic major report. The Board shall
16		provide to each enrolled student, at the time the student
17		declares or changes his or her academic major or program of
18		study, a report that contains relevant, independent, and
19		accurate data related to the student's major or program of
20		study and to the current occupational outlook associated with
21		that major or program of study. The report shall provide the
22		student with all of the following information:
23		(1) The estimated cost of his or her education
24		associated with pursuing a degree in that major or program
25		of study.

HB5501 Engrossed - 1249 - LRB102 24698 AMC 33937 b
1		(2) The average monthly student loan payment over a
2		period of 20 years based on the estimated cost of his or
3		her education under paragraph (1).
4		(3) The average job placement rate within 12 months
5		after graduation for a graduate who holds a degree in that
6		major or program of study.
7		(4) The average entry-level wage or salary for an
8		occupation related to that major or program of study.
9		(5) The average wage or salary 5 years after entry
10		into an occupation under paragraph (4).
11		(Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)
12		(110 ILCS 680/25-220)
13		Sec. 25-220 25-210. Availability of menstrual hygiene
14		products.
15		(a) In this Section, "menstrual hygiene products" means
16		tampons and sanitary napkins for use in connection with the
17		menstrual cycle.
18		(b) The Board shall make menstrual hygiene products
19		available, at no cost to students, in the bathrooms of
20		facilities or portions of facilities that (i) are owned or
21		leased by the Board or over which the Board has care, custody,
22		and control and (ii) are used for student instruction or
23		administrative purposes.
24		(Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)

HB5501 Engrossed - 1250 - LRB102 24698 AMC 33937 b
1		(110 ILCS 680/25-225)
2		Sec. 25-225 25-210. Adjunct professor; status of class.
3		(a) At least 30 days before the beginning of a term and
4		again at 14 days before the beginning of the term, the Board
5		must notify an adjunct professor about the status of
6		enrollment of the class the adjunct professor was hired to
7		teach.
8		(b) This Section does not apply if the Governor has
9		declared a disaster due to a public health emergency or a
10		natural disaster pursuant to Section 7 of the Illinois
11		Emergency Management Agency Act.
12		(c) Collective bargaining agreements that are in effect on
13		January 1, 2022 (the effective date of Public Act 102-260)
14		this amendatory Act of the 102nd General Assembly are exempt
15		from the requirements of this Section.
16		(Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)
17		(110 ILCS 680/25-230)
18		Sec. 25-230 25-210. Family and medical leave coverage. A
19		University employee who has been employed by the University
20		for at least 12 months and who has worked at least 1,000 hours
21		in the previous 12-month period shall be eligible for family
22		and medical leave under the same terms and conditions as leave
23		provided to eligible employees under the federal Family and
24		Medical Leave Act of 1993.
25		(Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)

HB5501 Engrossed - 1251 - LRB102 24698 AMC 33937 b
1		(110 ILCS 680/25-235)
2		Sec. 25-235 25-210. Undocumented Student Liaison;
3		Undocumented Student Resource Center.
4		(a) Beginning with the 2022-2023 academic year, the Board
5		shall designate an employee as an Undocumented Student
6		Resource Liaison to be available on campus to provide
7		assistance to undocumented students and mixed status students
8		within the United States in streamlining access to financial
9		aid and academic support to successfully matriculate to degree
10		completion. The Undocumented Student Liaison shall provide
11		assistance to vocational students, undergraduate students,
12		graduate students, and professional-track students. An
13		employee who is designated as an Undocumented Student Liaison
14		must be knowledgeable about current legislation and policy
15		changes through professional development with the Illinois
16		Dream Fund Commission to provide the wrap-around services to
17		such students. The Illinois Dream Fund Commission shall
18		conduct professional development under this Section. The
19		Illinois Dream Fund Commission's task force on immigration
20		issues and the Undocumented Student Liaison shall ensure that
21		undocumented immigrants and students from mixed status
22		households receive equitable and inclusive access to the
23		University's retention and matriculation programs.
24		The Board shall ensure that an Undocumented Student
25		Liaison is available at each campus of the University. The

HB5501 Engrossed - 1252 - LRB102 24698 AMC 33937 b
1		Undocumented Student Liaison must be placed in a location that
2		provides direct access for students in collaboration with the
3		retention and matriculation programs of the University. The
4		Undocumented Student Liaison shall report directly to senior
5		leadership and shall assist leadership with the review of
6		policies and procedures that directly affect undocumented and
7		mixed status students.
8		An Undocumented Student Liaison may work on outreach
9		efforts to provide access to resources and support within the
10		grade P-20 education pipeline by supporting summer enrichment
11		programs and pipeline options for students in any of grades 9
12		through 12.
13		(b) The Board is encouraged to establish an Undocumented
14		Student Resource Center on each of its campuses. An A
15		Undocumented Student Resource Center may offer support
16		services, including, but not limited to, State and private
17		financial assistance, academic and career counseling, and
18		retention and matriculation support services, as well as
19		mental health counseling options because the changing
20		immigration climate impacts a student's overall well-being and
21		success.
22		An Undocumented Student Resource Center may be housed
23		within an existing student service center or academic center,
24		and the new construction of an Undocumented Student Resource
25		Center is not required under this Section.
26		The Board may seek and accept any financial support

HB5501 Engrossed - 1253 - LRB102 24698 AMC 33937 b
1		through institutional advancement, private gifts, or donations
2		to aid in the creation and operation of and the services
3		provided by an Undocumented Student Resource Center.
4		(Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
5		(110 ILCS 680/25-240)
6		Sec. 25-240 25-210. Personal support worker's attendance
7		in class permitted. If a student of the University has a
8		personal support worker through the Home-Based Support
9		Services Program for Adults with Mental Disabilities under the
10		Developmental Disability and Mental Disability Services Act,
11		the Board must permit the personal support worker to attend
12		class with the student but is not responsible for providing or
13		paying for the personal support worker. If the personal
14		support worker's attendance in class is solely to provide
15		personal support services to the student, the Board may not
16		charge the personal support worker tuition and fees for such
17		attendance.
18		(Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
19		Section 370. The Northern Illinois University Law is
20		amended by setting forth, renumbering, and changing multiple
21		versions of Section 30-220 as follows:
22		(110 ILCS 685/30-220)
23		Sec. 30-220. Modification of athletic or team uniform

HB5501 Engrossed - 1254 - LRB102 24698 AMC 33937 b
1		permitted.
2		(a) The Board must allow a student athlete to modify his or
3		her athletic or team uniform due to the observance of modesty
4		in clothing or attire in accordance with the requirements of
5		his or her religion or his or her cultural values or modesty
6		preferences. The modification of the athletic or team uniform
7		may include, but is not limited to, the wearing of a hijab, an
8		undershirt, or leggings. If a student chooses to modify his or
9		her athletic or team uniform, the student is responsible for
10		all costs associated with the modification of the uniform and
11		the student shall not be required to receive prior approval
12		from the Board for such modification. However, nothing in this
13		Section prohibits the University from providing the
14		modification to the student.
15		(b) At a minimum, any modification of the athletic or team
16		uniform must not interfere with the movement of the student or
17		pose a safety hazard to the student or to other athletes or
18		players. The modification of headgear is permitted if the
19		headgear:
20		(1) is black, white, the predominant predominate color
21		of the uniform, or the same color for all players on the
22		team;
23		(2) does not cover any part of the face;
24		(3) is not dangerous to the player or to the other
25		players;
26		(4) has no opening or closing elements around the face

HB5501 Engrossed - 1255 - LRB102 24698 AMC 33937 b
1		and neck; and
2		(5) has no parts extruding from its surface.
3		(Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)
4		(110 ILCS 685/30-222)
5		Sec. 30-222 30-220. Academic major report. The Board shall
6		provide to each enrolled student, at the time the student
7		declares or changes his or her academic major or program of
8		study, a report that contains relevant, independent, and
9		accurate data related to the student's major or program of
10		study and to the current occupational outlook associated with
11		that major or program of study. The report shall provide the
12		student with all of the following information:
13		(1) The estimated cost of his or her education
14		associated with pursuing a degree in that major or program
15		of study.
16		(2) The average monthly student loan payment over a
17		period of 20 years based on the estimated cost of his or
18		her education under paragraph (1).
19		(3) The average job placement rate within 12 months
20		after graduation for a graduate who holds a degree in that
21		major or program of study.
22		(4) The average entry-level wage or salary for an
23		occupation related to that major or program of study.
24		(5) The average wage or salary 5 years after entry
25		into an occupation under paragraph (4).

HB5501 Engrossed - 1256 - LRB102 24698 AMC 33937 b
1		(Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)
2		(110 ILCS 685/30-230)
3		Sec. 30-230 30-220. Availability of menstrual hygiene
4		products.
5		(a) In this Section, "menstrual hygiene products" means
6		tampons and sanitary napkins for use in connection with the
7		menstrual cycle.
8		(b) The Board shall make menstrual hygiene products
9		available, at no cost to students, in the bathrooms of
10		facilities or portions of facilities that (i) are owned or
11		leased by the Board or over which the Board has care, custody,
12		and control and (ii) are used for student instruction or
13		administrative purposes.
14		(Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)
15		(110 ILCS 685/30-235)
16		Sec. 30-235 30-220. Adjunct professor; status of class.
17		(a) At least 30 days before the beginning of a term and
18		again at 14 days before the beginning of the term, the Board
19		must notify an adjunct professor about the status of
20		enrollment of the class the adjunct professor was hired to
21		teach.
22		(b) This Section does not apply if the Governor has
23		declared a disaster due to a public health emergency or a
24		natural disaster pursuant to Section 7 of the Illinois

HB5501 Engrossed - 1257 - LRB102 24698 AMC 33937 b
1		Emergency Management Agency Act.
2		(c) Collective bargaining agreements that are in effect on
3		January 1, 2022 (the effective date of Public Act 102-260)
4		this amendatory Act of the 102nd General Assembly are exempt
5		from the requirements of this Section.
6		(Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)
7		(110 ILCS 685/30-240)
8		Sec. 30-240 30-220. Family and medical leave coverage. A
9		University employee who has been employed by the University
10		for at least 12 months and who has worked at least 1,000 hours
11		in the previous 12-month period shall be eligible for family
12		and medical leave under the same terms and conditions as leave
13		provided to eligible employees under the federal Family and
14		Medical Leave Act of 1993.
15		(Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)
16		(110 ILCS 685/30-245)
17		Sec. 30-245 30-220. Undocumented Student Liaison;
18		Undocumented Student Resource Center.
19		(a) Beginning with the 2022-2023 academic year, the Board
20		shall designate an employee as an Undocumented Student
21		Resource Liaison to be available on campus to provide
22		assistance to undocumented students and mixed status students
23		within the United States in streamlining access to financial
24		aid and academic support to successfully matriculate to degree

HB5501 Engrossed - 1258 - LRB102 24698 AMC 33937 b
1		completion. The Undocumented Student Liaison shall provide
2		assistance to vocational students, undergraduate students,
3		graduate students, and professional-track students. An
4		employee who is designated as an Undocumented Student Liaison
5		must be knowledgeable about current legislation and policy
6		changes through professional development with the Illinois
7		Dream Fund Commission to provide the wrap-around services to
8		such students. The Illinois Dream Fund Commission shall
9		conduct professional development under this Section. The
10		Illinois Dream Fund Commission's task force on immigration
11		issues and the Undocumented Student Liaison shall ensure that
12		undocumented immigrants and students from mixed status
13		households receive equitable and inclusive access to the
14		University's retention and matriculation programs.
15		The Board shall ensure that an Undocumented Student
16		Liaison is available at each campus of the University. The
17		Undocumented Student Liaison must be placed in a location that
18		provides direct access for students in collaboration with the
19		retention and matriculation programs of the University. The
20		Undocumented Student Liaison shall report directly to senior
21		leadership and shall assist leadership with the review of
22		policies and procedures that directly affect undocumented and
23		mixed status students.
24		An Undocumented Student Liaison may work on outreach
25		efforts to provide access to resources and support within the
26		grade P-20 education pipeline by supporting summer enrichment

HB5501 Engrossed - 1259 - LRB102 24698 AMC 33937 b
1		programs and pipeline options for students in any of grades 9
2		through 12.
3		(b) The Board is encouraged to establish an Undocumented
4		Student Resource Center on each of its campuses. An A
5		Undocumented Student Resource Center may offer support
6		services, including, but not limited to, State and private
7		financial assistance, academic and career counseling, and
8		retention and matriculation support services, as well as
9		mental health counseling options because the changing
10		immigration climate impacts a student's overall well-being and
11		success.
12		An Undocumented Student Resource Center may be housed
13		within an existing student service center or academic center,
14		and the new construction of an Undocumented Student Resource
15		Center is not required under this Section.
16		The Board may seek and accept any financial support
17		through institutional advancement, private gifts, or donations
18		to aid in the creation and operation of and the services
19		provided by an Undocumented Student Resource Center.
20		(Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
21		(110 ILCS 685/30-250)
22		Sec. 30-250 30-220. Personal support worker's attendance
23		in class permitted. If a student of the University has a
24		personal support worker through the Home-Based Support
25		Services Program for Adults with Mental Disabilities under the

HB5501 Engrossed - 1260 - LRB102 24698 AMC 33937 b
1		Developmental Disability and Mental Disability Services Act,
2		the Board must permit the personal support worker to attend
3		class with the student but is not responsible for providing or
4		paying for the personal support worker. If the personal
5		support worker's attendance in class is solely to provide
6		personal support services to the student, the Board may not
7		charge the personal support worker tuition and fees for such
8		attendance.
9		(Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
10		Section 375. The Western Illinois University Law is
11		amended by setting forth, renumbering, and changing multiple
12		versions of Section 35-215 as follows:
13		(110 ILCS 690/35-215)
14		Sec. 35-215. Modification of athletic or team uniform
15		permitted.
16		(a) The Board must allow a student athlete to modify his or
17		her athletic or team uniform due to the observance of modesty
18		in clothing or attire in accordance with the requirements of
19		his or her religion or his or her cultural values or modesty
20		preferences. The modification of the athletic or team uniform
21		may include, but is not limited to, the wearing of a hijab, an
22		undershirt, or leggings. If a student chooses to modify his or
23		her athletic or team uniform, the student is responsible for
24		all costs associated with the modification of the uniform and

HB5501 Engrossed - 1261 - LRB102 24698 AMC 33937 b
1		the student shall not be required to receive prior approval
2		from the Board for such modification. However, nothing in this
3		Section prohibits the University from providing the
4		modification to the student.
5		(b) At a minimum, any modification of the athletic or team
6		uniform must not interfere with the movement of the student or
7		pose a safety hazard to the student or to other athletes or
8		players. The modification of headgear is permitted if the
9		headgear:
10		(1) is black, white, the predominant predominate color
11		of the uniform, or the same color for all players on the
12		team;
13		(2) does not cover any part of the face;
14		(3) is not dangerous to the player or to the other
15		players;
16		(4) has no opening or closing elements around the face
17		and neck; and
18		(5) has no parts extruding from its surface.
19		(Source: P.A. 102-51, eff. 7-9-21; revised 11-5-21.)
20		(110 ILCS 690/35-217)
21		Sec. 35-217 35-215. Academic major report. The Board shall
22		provide to each enrolled student, at the time the student
23		declares or changes his or her academic major or program of
24		study, a report that contains relevant, independent, and
25		accurate data related to the student's major or program of

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1		study and to the current occupational outlook associated with
2		that major or program of study. The report shall provide the
3		student with all of the following information:
4		(1) The estimated cost of his or her education
5		associated with pursuing a degree in that major or program
6		of study.
7		(2) The average monthly student loan payment over a
8		period of 20 years based on the estimated cost of his or
9		her education under paragraph (1).
10		(3) The average job placement rate within 12 months
11		after graduation for a graduate who holds a degree in that
12		major or program of study.
13		(4) The average entry-level wage or salary for an
14		occupation related to that major or program of study.
15		(5) The average wage or salary 5 years after entry
16		into an occupation under paragraph (4).
17		(Source: P.A. 102-214, eff. 1-1-22; revised 11-5-21.)
18		(110 ILCS 690/35-225)
19		Sec. 35-225 35-215. Availability of menstrual hygiene
20		products.
21		(a) In this Section, "menstrual hygiene products" means
22		tampons and sanitary napkins for use in connection with the
23		menstrual cycle.
24		(b) The Board shall make menstrual hygiene products
25		available, at no cost to students, in the bathrooms of

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1		facilities or portions of facilities that (i) are owned or
2		leased by the Board or over which the Board has care, custody,
3		and control and (ii) are used for student instruction or
4		administrative purposes.
5		(Source: P.A. 102-250, eff. 8-5-21; revised 11-5-21.)
6		(110 ILCS 690/35-230)
7		Sec. 35-230 35-215. Adjunct professor; status of class.
8		(a) At least 30 days before the beginning of a term and
9		again at 14 days before the beginning of the term, the Board
10		must notify an adjunct professor about the status of
11		enrollment of the class the adjunct professor was hired to
12		teach.
13		(b) This Section does not apply if the Governor has
14		declared a disaster due to a public health emergency or a
15		natural disaster pursuant to Section 7 of the Illinois
16		Emergency Management Agency Act.
17		(c) Collective bargaining agreements that are in effect on
18		January 1, 2022 (the effective date of Public Act 102-260)
19		this amendatory Act of the 102nd General Assembly are exempt
20		from the requirements of this Section.
21		(Source: P.A. 102-260, eff. 1-1-22; revised 11-5-21.)
22		(110 ILCS 690/35-235)
23		Sec. 35-235 35-215. Family and medical leave coverage. A
24		University employee who has been employed by the University

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1		for at least 12 months and who has worked at least 1,000 hours
2		in the previous 12-month period shall be eligible for family
3		and medical leave under the same terms and conditions as leave
4		provided to eligible employees under the federal Family and
5		Medical Leave Act of 1993.
6		(Source: P.A. 102-335, eff. 1-1-22; revised 11-5-21.)
7		(110 ILCS 690/35-240)
8		Sec. 35-240 35-215. Undocumented Student Liaison;
9		Undocumented Student Resource Center.
10		(a) Beginning with the 2022-2023 academic year, the Board
11		shall designate an employee as an Undocumented Student
12		Resource Liaison to be available on campus to provide
13		assistance to undocumented students and mixed status students
14		within the United States in streamlining access to financial
15		aid and academic support to successfully matriculate to degree
16		completion. The Undocumented Student Liaison shall provide
17		assistance to vocational students, undergraduate students,
18		graduate students, and professional-track students. An
19		employee who is designated as an Undocumented Student Liaison
20		must be knowledgeable about current legislation and policy
21		changes through professional development with the Illinois
22		Dream Fund Commission to provide the wrap-around services to
23		such students. The Illinois Dream Fund Commission shall
24		conduct professional development under this Section. The
25		Illinois Dream Fund Commission's task force on immigration

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1		issues and the Undocumented Student Liaison shall ensure that
2		undocumented immigrants and students from mixed status
3		households receive equitable and inclusive access to the
4		University's retention and matriculation programs.
5		The Board shall ensure that an Undocumented Student
6		Liaison is available at each campus of the University. The
7		Undocumented Student Liaison must be placed in a location that
8		provides direct access for students in collaboration with the
9		retention and matriculation programs of the University. The
10		Undocumented Student Liaison shall report directly to senior
11		leadership and shall assist leadership with the review of
12		policies and procedures that directly affect undocumented and
13		mixed status students.
14		An Undocumented Student Liaison may work on outreach
15		efforts to provide access to resources and support within the
16		grade P-20 education pipeline by supporting summer enrichment
17		programs and pipeline options for students in any of grades 9
18		through 12.
19		(b) The Board is encouraged to establish an Undocumented
20		Student Resource Center on each of its campuses. An A
21		Undocumented Student Resource Center may offer support
22		services, including, but not limited to, State and private
23		financial assistance, academic and career counseling, and
24		retention and matriculation support services, as well as
25		mental health counseling options because the changing
26		immigration climate impacts a student's overall well-being and

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1		success.
2		An Undocumented Student Resource Center may be housed
3		within an existing student service center or academic center,
4		and the new construction of an Undocumented Student Resource
5		Center is not required under this Section.
6		The Board may seek and accept any financial support
7		through institutional advancement, private gifts, or donations
8		to aid in the creation and operation of and the services
9		provided by an Undocumented Student Resource Center.
10		(Source: P.A. 102-475, eff. 8-20-21; revised 11-5-21.)
11		(110 ILCS 690/35-245)
12		Sec. 35-245 35-215. Personal support worker's attendance
13		in class permitted. If a student of the University has a
14		personal support worker through the Home-Based Support
15		Services Program for Adults with Mental Disabilities under the
16		Developmental Disability and Mental Disability Services Act,
17		the Board must permit the personal support worker to attend
18		class with the student but is not responsible for providing or
19		paying for the personal support worker. If the personal
20		support worker's attendance in class is solely to provide
21		personal support services to the student, the Board may not
22		charge the personal support worker tuition and fees for such
23		attendance.
24		(Source: P.A. 102-568, eff. 8-23-21; revised 11-5-21.)

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1		Section 380. The Public Community College Act is amended
2		by setting forth, renumbering, and changing multiple versions
3		of Section 3-29.14 as follows:
4		(110 ILCS 805/3-29.14)
5		Sec. 3-29.14. Modification of athletic or team uniform
6		permitted.
7		(a) A board must allow a student athlete to modify his or
8		her athletic or team uniform due to the observance of modesty
9		in clothing or attire in accordance with the requirements of
10		his or her religion or his or her cultural values or modesty
11		preferences. The modification of the athletic or team uniform
12		may include, but is not limited to, the wearing of a hijab, an
13		undershirt, or leggings. If a student chooses to modify his or
14		her athletic or team uniform, the student is responsible for
15		all costs associated with the modification of the uniform and
16		the student shall not be required to receive prior approval
17		from the board for such modification. However, nothing in this
18		Section prohibits the community college from providing the
19		modification to the student.
20		(b) At a minimum, any modification of the athletic or team
21		uniform must not interfere with the movement of the student or
22		pose a safety hazard to the student or to other athletes or
23		players. The modification of headgear is permitted if the
24		headgear:
25		(1) is black, white, the predominant predominate color

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1		of the uniform, or the same color for all players on the
2		team;
3		(2) does not cover any part of the face;
4		(3) is not dangerous to the player or to the other
5		players;
6		(4) has no opening or closing elements around the face
7		and neck; and
8		(5) has no parts extruding from its surface.
9		(Source: P.A. 102-51, eff. 7-9-21; revised 11-5-21.)
10		(110 ILCS 805/3-29.14a)
11		Sec. 3-29.14a 3-29.14. Availability of menstrual hygiene
12		products.
13		(a) In this Section, "menstrual hygiene products" means
14		tampons and sanitary napkins for use in connection with the
15		menstrual cycle.
16		(b) Each board shall make menstrual hygiene products
17		available, at no cost to students, in the bathrooms of
18		facilities or portions of facilities that (i) are owned or
19		leased by the board or over which the board has care, custody,
20		and control and (ii) are used for student instruction or
21		administrative purposes.
22		(Source: P.A. 102-250, eff. 8-5-21; revised 11-5-21.)
23		(110 ILCS 805/3-29.16)
24		Sec. 3-29.16 3-29.14. Adjunct professor; status of class.

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1		(a) At least 30 days before the beginning of a semester or
2		term and again at 14 days before the beginning of the semester
3		or term, a community college must notify an adjunct professor
4		about the status of class enrollment of the class the adjunct
5		professor was assigned to teach.
6		(b) This Section does not apply if the Governor has
7		declared a disaster due to a public health emergency or a
8		natural disaster pursuant to Section 7 of the Illinois
9		Emergency Management Agency Act.
10		(c) Collective bargaining agreements that are in effect on
11		January 1, 2022 (the effective date of Public Act 102-260)
12		this amendatory Act of the 102nd General Assembly are exempt
13		from the requirements of this Section.
14		(Source: P.A. 102-260, eff. 1-1-22; revised 11-5-21.)
15		(110 ILCS 805/3-29.17)
16		Sec. 3-29.17 3-29.14. Undocumented Student Liaison;
17		Undocumented Student Resource Center.
18		(a) Beginning with the 2022-2023 academic year, a board
19		shall designate an employee as an Undocumented Student
20		Resource Liaison to be available on campus to provide
21		assistance to undocumented students and mixed status students
22		within the United States in streamlining access to financial
23		aid and academic support to successfully matriculate to degree
24		completion. The Undocumented Student Liaison shall provide
25		assistance to vocational students, undergraduate students, and

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1		professional-track students. An employee who is designated as
2		an Undocumented Student Liaison must be knowledgeable about
3		current legislation and policy changes through professional
4		development with the Illinois Dream Fund Commission to provide
5		the wrap-around services to such students. The Illinois Dream
6		Fund Commission shall conduct professional development under
7		this Section. The Illinois Dream Fund Commission's task force
8		on immigration issues and the Undocumented Student Liaison
9		shall ensure that undocumented immigrants and students from
10		mixed status households receive equitable and inclusive access
11		to the community college district's retention and
12		matriculation programs.
13		The board shall ensure that an Undocumented Student
14		Liaison is available at each campus of the community college
15		district. The Undocumented Student Liaison must be placed in a
16		location that provides direct access for students in
17		collaboration with the retention and matriculation programs of
18		the community college district. The Undocumented Student
19		Liaison shall report directly to senior leadership and shall
20		assist leadership with the review of policies and procedures
21		that directly affect undocumented and mixed status students.
22		An Undocumented Student Liaison may work on outreach
23		efforts to provide access to resources and support within the
24		grade P-20 education pipeline by supporting summer enrichment
25		programs and pipeline options for students in any of grades 9
26		through 12.

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1		(b) A board is encouraged to establish an Undocumented
2		Student Resource Center on each campus of the community
3		college district. An A Undocumented Student Resource Center
4		may offer support services, including, but not limited to,
5		State and private financial assistance, academic and career
6		counseling, and retention and matriculation support services,
7		as well as mental health counseling options because the
8		changing immigration climate impacts a student's overall
9		well-being and success.
10		An Undocumented Student Resource Center may be housed
11		within an existing student service center or academic center,
12		and the new construction of an Undocumented Student Resource
13		Center is not required under this Section.
14		The board may seek and accept any financial support
15		through institutional advancement, private gifts, or donations
16		to aid in the creation and operation of and the services
17		provided by an Undocumented Student Resource Center.
18		(Source: P.A. 102-475, eff. 8-20-21; revised 11-5-21.)
19		(110 ILCS 805/3-29.18)
20		Sec. 3-29.18 3-29.14. Students with disabilities.
21		(a) Each community college district shall provide access
22		to higher education for students with disabilities, including,
23		but not limited to, students with intellectual or
24		developmental disabilities. Each community college is
25		encouraged to offer for-credit and non-credit courses as

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1		deemed appropriate for the individual student based on the
2		student's abilities, interests, and postsecondary transition
3		goals, with the appropriate individualized supplementary aids
4		and accommodations, including general education courses,
5		career and technical education, vocational training,
6		continuing education certificates, individualized learning
7		paths, and life skills courses for students with disabilities.
8		(b) Each community college is strongly encouraged to have
9		its disability services coordinator or the coordinator's
10		representative participate either in person or remotely in
11		meetings held by high schools within the community college
12		district to provide information to the student's
13		individualized education program team, including the student
14		and the student's parent or guardian, about the community
15		college and the availability of courses and programs at the
16		community college.
17		(Source: P.A. 102-516, eff. 8-20-21; revised 11-5-21.)
18		(110 ILCS 805/3-29.19)
19		Sec. 3-29.19 3-29.14. Personal support worker's attendance
20		in class permitted. If a student of a community college
21		district has a personal support worker through the Home-Based
22		Support Services Program for Adults with Mental Disabilities
23		under the Developmental Disability and Mental Disability
24		Services Act, the board must permit the personal support
25		worker to attend class with the student but is not responsible

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1		for providing or paying for the personal support worker. If
2		the personal support worker's attendance in class is solely to
3		provide personal support services to the student, the board
4		may not charge the personal support worker tuition and fees
5		for such attendance.
6		(Source: P.A. 102-568, eff. 8-23-21; revised 11-5-21.)
7		Section 385. The Higher Education Student Assistance Act
8		is amended by changing Section 50 and by setting forth and
9		renumbering multiple versions of Section 65.110 as follows:
10		(110 ILCS 947/50)
11		Sec. 50. Minority Teachers of Illinois scholarship
12		program.
13		(a) As used in this Section:
14		"Eligible applicant" means a minority student who has
15		graduated from high school or has received a high school
16		equivalency certificate and has maintained a cumulative
17		grade point average of no less than 2.5 on a 4.0 scale, and
18		who by reason thereof is entitled to apply for
19		scholarships to be awarded under this Section.
20		"Minority student" means a student who is any of the
21		following:
22		(1) American Indian or Alaska Native (a person
23		having origins in any of the original peoples of North
24		and South America, including Central America, and who

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1		maintains tribal affiliation or community attachment).
2		(2) Asian (a person having origins in any of the
3		original peoples of the Far East, Southeast Asia, or
4		the Indian subcontinent, including, but not limited
5		to, Cambodia, China, India, Japan, Korea, Malaysia,
6		Pakistan, the Philippine Islands, Thailand, and
7		Vietnam).
8		(3) Black or African American (a person having
9		origins in any of the black racial groups of Africa).
10		(4) Hispanic or Latino (a person of Cuban,
11		Mexican, Puerto Rican, South or Central American, or
12		other Spanish culture or origin, regardless of race).
13		(5) Native Hawaiian or Other Pacific Islander (a
14		person having origins in any of the original peoples
15		of Hawaii, Guam, Samoa, or other Pacific Islands).
16		"Qualified bilingual minority applicant" means a
17		qualified student who demonstrates proficiency in a
18		language other than English by (i) receiving a State Seal
19		of Biliteracy from the State Board of Education or (ii)
20		receiving a passing score on an educator licensure target
21		language proficiency test.
22		"Qualified student" means a person (i) who is a
23		resident of this State and a citizen or permanent resident
24		of the United States; (ii) who is a minority student, as
25		defined in this Section; (iii) who, as an eligible
26		applicant, has made a timely application for a minority

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1		teaching scholarship under this Section; (iv) who is
2		enrolled on at least a half-time basis at a qualified
3		Illinois institution of higher learning; (v) who is
4		enrolled in a course of study leading to teacher
5		licensure, including alternative teacher licensure, or, if
6		the student is already licensed to teach, in a course of
7		study leading to an additional teaching endorsement or a
8		master's degree in an academic field in which he or she is
9		teaching or plans to teach or who has received one or more
10		College and Career Pathway Endorsements pursuant to
11		Section 80 of the Postsecondary and Workforce Readiness
12		Act and commits to enrolling in a course of study leading
13		to teacher licensure, including alternative teacher
14		licensure; (vi) who maintains a grade point average of no
15		less than 2.5 on a 4.0 scale; and (vii) who continues to
16		advance satisfactorily toward the attainment of a degree.
17		(b) In order to encourage academically talented Illinois
18		minority students to pursue teaching careers at the preschool
19		or elementary or secondary school level and to address and
20		alleviate the teacher shortage crisis in this State described
21		under the provisions of the Transitions in Education Act, each
22		qualified student shall be awarded a minority teacher
23		scholarship to any qualified Illinois institution of higher
24		learning. However, preference may be given to qualified
25		applicants enrolled at or above the junior level.
26		(c) Each minority teacher scholarship awarded under this

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1		Section shall be in an amount sufficient to pay the tuition and
2		fees and room and board costs of the qualified Illinois
3		institution of higher learning at which the recipient is
4		enrolled, up to an annual maximum of $5,000; except that in the
5		case of a recipient who does not reside on-campus at the
6		institution at which he or she is enrolled, the amount of the
7		scholarship shall be sufficient to pay tuition and fee
8		expenses and a commuter allowance, up to an annual maximum of
9		$5,000. However, if at least $2,850,000 is appropriated in a
10		given fiscal year for the Minority Teachers of Illinois
11		scholarship program, then, in each fiscal year thereafter,
12		each scholarship awarded under this Section shall be in an
13		amount sufficient to pay the tuition and fees and room and
14		board costs of the qualified Illinois institution of higher
15		learning at which the recipient is enrolled, up to an annual
16		maximum of $7,500; except that in the case of a recipient who
17		does not reside on-campus at the institution at which he or she
18		is enrolled, the amount of the scholarship shall be sufficient
19		to pay tuition and fee expenses and a commuter allowance, up to
20		an annual maximum of $7,500.
21		(d) The total amount of minority teacher scholarship
22		assistance awarded by the Commission under this Section to an
23		individual in any given fiscal year, when added to other
24		financial assistance awarded to that individual for that year,
25		shall not exceed the cost of attendance at the institution at
26		which the student is enrolled. If the amount of minority

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1		teacher scholarship to be awarded to a qualified student as
2		provided in subsection (c) of this Section exceeds the cost of
3		attendance at the institution at which the student is
4		enrolled, the minority teacher scholarship shall be reduced by
5		an amount equal to the amount by which the combined financial
6		assistance available to the student exceeds the cost of
7		attendance.
8		(e) The maximum number of academic terms for which a
9		qualified student can receive minority teacher scholarship
10		assistance shall be 8 semesters or 12 quarters.
11		(f) In any academic year for which an eligible applicant
12		under this Section accepts financial assistance through the
13		Paul Douglas Teacher Scholarship Program, as authorized by
14		Section 551 et seq. of the Higher Education Act of 1965, the
15		applicant shall not be eligible for scholarship assistance
16		awarded under this Section.
17		(g) All applications for minority teacher scholarships to
18		be awarded under this Section shall be made to the Commission
19		on forms which the Commission shall provide for eligible
20		applicants. The form of applications and the information
21		required to be set forth therein shall be determined by the
22		Commission, and the Commission shall require eligible
23		applicants to submit with their applications such supporting
24		documents or recommendations as the Commission deems
25		necessary.
26		(h) Subject to a separate appropriation for such purposes,

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1		payment of any minority teacher scholarship awarded under this
2		Section shall be determined by the Commission. All scholarship
3		funds distributed in accordance with this subsection shall be
4		paid to the institution and used only for payment of the
5		tuition and fee and room and board expenses incurred by the
6		student in connection with his or her attendance at a
7		qualified Illinois institution of higher learning. Any
8		minority teacher scholarship awarded under this Section shall
9		be applicable to 2 semesters or 3 quarters of enrollment. If a
10		qualified student withdraws from enrollment prior to
11		completion of the first semester or quarter for which the
12		minority teacher scholarship is applicable, the school shall
13		refund to the Commission the full amount of the minority
14		teacher scholarship.
15		(i) The Commission shall administer the minority teacher
16		scholarship aid program established by this Section and shall
17		make all necessary and proper rules not inconsistent with this
18		Section for its effective implementation.
19		(j) When an appropriation to the Commission for a given
20		fiscal year is insufficient to provide scholarships to all
21		qualified students, the Commission shall allocate the
22		appropriation in accordance with this subsection. If funds are
23		insufficient to provide all qualified students with a
24		scholarship as authorized by this Section, the Commission
25		shall allocate the available scholarship funds for that fiscal
26		year to qualified students who submit a complete application

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1		form on or before a date specified by the Commission based on
2		the following order of priority:
3		(1) To students who received a scholarship under this
4		Section in the prior academic year and who remain eligible
5		for a minority teacher scholarship under this Section.
6		(2) Except as otherwise provided in subsection (k), to
7		students who demonstrate financial need, as determined by
8		the Commission.
9		(k) Notwithstanding paragraph (2) of subsection (j), at
10		least 35% of the funds appropriated for scholarships awarded
11		under this Section in each fiscal year shall be reserved for
12		qualified male minority applicants, with priority being given
13		to qualified Black male applicants beginning with fiscal year
14		2023. If the Commission does not receive enough applications
15		from qualified male minorities on or before January 1 of each
16		fiscal year to award 35% of the funds appropriated for these
17		scholarships to qualified male minority applicants, then the
18		Commission may award a portion of the reserved funds to
19		qualified female minority applicants in accordance with
20		subsection (j).
21		Beginning with fiscal year 2023, if at least $2,850,000
22		but less than $4,200,000 is appropriated in a given fiscal
23		year for scholarships awarded under this Section, then at
24		least 10% of the funds appropriated shall be reserved for
25		qualified bilingual minority applicants, with priority being
26		given to qualified bilingual minority applicants who are

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1		enrolled in an educator preparation program with a
2		concentration in bilingual, bicultural education. Beginning
3		with fiscal year 2023, if at least $4,200,000 is appropriated
4		in a given fiscal year for the Minority Teachers of Illinois
5		scholarship program, then at least 30% of the funds
6		appropriated shall be reserved for qualified bilingual
7		minority applicants, with priority being given to qualified
8		bilingual minority applicants who are enrolled in an educator
9		preparation program with a concentration in bilingual,
10		bicultural education. Beginning with fiscal year 2023, if at
11		least $2,850,000 is appropriated in a given fiscal year for
12		scholarships awarded under this Section but the Commission
13		does not receive enough applications from qualified bilingual
14		minority applicants on or before January 1 of that fiscal year
15		to award at least 10% of the funds appropriated to qualified
16		bilingual minority applicants, then the Commission may, in its
17		discretion, award a portion of the reserved funds to other
18		qualified students in accordance with subsection (j).
19		(l) Prior to receiving scholarship assistance for any
20		academic year, each recipient of a minority teacher
21		scholarship awarded under this Section shall be required by
22		the Commission to sign an agreement under which the recipient
23		pledges that, within the one-year period following the
24		termination of the program for which the recipient was awarded
25		a minority teacher scholarship, the recipient (i) shall begin
26		teaching for a period of not less than one year for each year

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1		of scholarship assistance he or she was awarded under this
2		Section; (ii) shall fulfill this teaching obligation at a
3		nonprofit Illinois public, private, or parochial preschool,
4		elementary school, or secondary school at which no less than
5		30% of the enrolled students are minority students in the year
6		during which the recipient begins teaching at the school or
7		may instead, if the recipient received a scholarship as a
8		qualified bilingual minority applicant, fulfill this teaching
9		obligation in a program in transitional bilingual education
10		pursuant to Article 14C of the School Code or in a school in
11		which 20 or more English learner students in the same language
12		classification are enrolled; and (iii) shall, upon request by
13		the Commission, provide the Commission with evidence that he
14		or she is fulfilling or has fulfilled the terms of the teaching
15		agreement provided for in this subsection.
16		(m) If a recipient of a minority teacher scholarship
17		awarded under this Section fails to fulfill the teaching
18		obligation set forth in subsection (l) of this Section, the
19		Commission shall require the recipient to repay the amount of
20		the scholarships received, prorated according to the fraction
21		of the teaching obligation not completed, at a rate of
22		interest equal to 5%, and, if applicable, reasonable
23		collection fees. The Commission is authorized to establish
24		rules relating to its collection activities for repayment of
25		scholarships under this Section. All repayments collected
26		under this Section shall be forwarded to the State Comptroller

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1		for deposit into the State's General Revenue Fund.
2		(n) A recipient of minority teacher scholarship shall not
3		be considered in violation of the agreement entered into
4		pursuant to subsection (l) if the recipient (i) enrolls on a
5		full time basis as a graduate student in a course of study
6		related to the field of teaching at a qualified Illinois
7		institution of higher learning; (ii) is serving, not in excess
8		of 3 years, as a member of the armed services of the United
9		States; (iii) is a person with a temporary total disability
10		for a period of time not to exceed 3 years as established by
11		sworn affidavit of a qualified physician; (iv) is seeking and
12		unable to find full time employment as a teacher at an Illinois
13		public, private, or parochial preschool or elementary or
14		secondary school that satisfies the criteria set forth in
15		subsection (l) of this Section and is able to provide evidence
16		of that fact; (v) becomes a person with a permanent total
17		disability as established by sworn affidavit of a qualified
18		physician; (vi) is taking additional courses, on at least a
19		half-time basis, needed to obtain licensure as a teacher in
20		Illinois; or (vii) is fulfilling teaching requirements
21		associated with other programs administered by the Commission
22		and cannot concurrently fulfill them under this Section in a
23		period of time equal to the length of the teaching obligation.
24		(o) Scholarship recipients under this Section who withdraw
25		from a program of teacher education but remain enrolled in
26		school to continue their postsecondary studies in another

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1		academic discipline shall not be required to commence
2		repayment of their Minority Teachers of Illinois scholarship
3		so long as they remain enrolled in school on a full-time basis
4		or if they can document for the Commission special
5		circumstances that warrant extension of repayment.
6		(p) If the Minority Teachers of Illinois scholarship
7		program does not expend at least 90% of the amount
8		appropriated for the program in a given fiscal year for 3
9		consecutive fiscal years and the Commission does not receive
10		enough applications from the groups identified in subsection
11		(k) on or before January 1 in each of those fiscal years to
12		meet the percentage reserved for those groups under subsection
13		(k), then up to 3% of amount appropriated for the program for
14		each of next 3 fiscal years shall be allocated to increasing
15		awareness of the program and for the recruitment of Black male
16		applicants. The Commission shall make a recommendation to the
17		General Assembly by January 1 of the year immediately
18		following the end of that third fiscal year regarding whether
19		the amount allocated to increasing awareness and recruitment
20		should continue.
21		(q) Each qualified Illinois institution of higher learning
22		that receives funds from the Minority Teachers of Illinois
23		scholarship program shall host an annual information session
24		at the institution about the program for teacher candidates of
25		color in accordance with rules adopted by the Commission.
26		Additionally, the institution shall ensure that each

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1		scholarship recipient enrolled at the institution meets with
2		an academic advisor at least once per academic year to
3		facilitate on-time completion of the recipient's educator
4		preparation program.
5		(r) The changes made to this Section by Public Act 101-654
6		this amendatory Act of the 101st General Assembly will first
7		take effect with awards made for the 2022-2023 academic year.
8		(Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22;
9		revised 9-28-21.)
10		(110 ILCS 947/65.110)
11		Sec. 65.110. Post-Master of Social Work School Social Work
12		Professional Educator License scholarship.
13		(a) Subject to appropriation, beginning with awards for
14		the 2022-2023 academic year, the Commission shall award
15		annually up to 250 Post-Master of Social Work School Social
16		Work Professional Educator License scholarships to a person
17		who:
18		(1) holds a valid Illinois-licensed clinical social
19		work license or social work license;
20		(2) has obtained a master's degree in social work from
21		an approved program;
22		(3) is a United States citizen or eligible noncitizen;
23		and
24		(4) submits an application to the Commission for such
25		scholarship and agrees to take courses to obtain an

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1		Illinois Professional Educator License with an endorsement
2		in School Social Work.
3		(b) If an appropriation for this Section for a given
4		fiscal year is insufficient to provide scholarships to all
5		qualified applicants, the Commission shall allocate the
6		appropriation in accordance with this subsection (b). If funds
7		are insufficient to provide all qualified applicants with a
8		scholarship as authorized by this Section, the Commission
9		shall allocate the available scholarship funds for that fiscal
10		year to qualified applicants who submit a complete application
11		on or before a date specified by the Commission, based on the
12		following order of priority:
13		(1) firstly, to students who received a scholarship
14		under this Section in the prior academic year and who
15		remain eligible for a scholarship under this Section;
16		(2) secondly, to new, qualified applicants who are
17		members of a racial minority, as defined in subsection
18		(c); and
19		(3) finally, to other new, qualified applicants in
20		accordance with this Section.
21		(c) Scholarships awarded under this Section shall be
22		issued pursuant to rules adopted by the Commission. In
23		awarding scholarships, the Commission shall give priority to
24		those applicants who are members of a racial minority. Racial
25		minorities are underrepresented as school social workers in
26		elementary and secondary schools in this State, and the

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1		General Assembly finds that it is in the interest of this State
2		to provide them with priority consideration for programs that
3		encourage their participation in this field and thereby foster
4		a profession that is more reflective of the diversity of
5		Illinois students and the parents they will serve. A more
6		reflective workforce in school social work allows improved
7		outcomes for students and a better utilization of services.
8		Therefore, the Commission shall give priority to those
9		applicants who are members of a racial minority. In this
10		subsection (c), "racial minority" means a person who is a
11		citizen of the United States or a lawful permanent resident
12		alien of the United States and who is:
13		(1) Black (a person having origins in any of the black
14		racial groups in Africa);
15		(2) Hispanic (a person of Spanish or Portuguese
16		culture with origins in Mexico, South or Central America,
17		or the Caribbean Islands, regardless of race);
18		(3) Asian American (a person having origins in any of
19		the original peoples of the Far East, Southeast Asia, the
20		Indian Subcontinent, or the Pacific Islands); or
21		(4) American Indian or Alaskan Native (a person having
22		origins in any of the original peoples of North America).
23		(d) Each scholarship shall be applied to the payment of
24		tuition and mandatory fees at the University of Illinois,
25		Southern Illinois University, Chicago State University,
26		Eastern Illinois University, Governors State University,

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1		Illinois State University, Northeastern Illinois University,
2		Northern Illinois University, and Western Illinois University.
3		Each scholarship may be applied to pay tuition and mandatory
4		fees required to obtain an Illinois Professional Educator
5		License with an endorsement in School Social Work.
6		(e) The Commission shall make tuition and fee payments
7		directly to the qualified institution of higher learning that
8		the applicant attends.
9		(f) Any person who has accepted a scholarship under this
10		Section must, within one year after graduation or termination
11		of enrollment in a Post-Master of Social Work Professional
12		Education License with an endorsement in School Social Work
13		program, begin working as a school social worker at a public or
14		nonpublic not-for-profit preschool, elementary school, or
15		secondary school located in this State for at least 2 of the 5
16		years immediately following that graduation or termination,
17		excluding, however, from the computation of that 5-year
18		period: (i) any time up to 3 years spent in the military
19		service, whether such service occurs before or after the
20		person graduates; (ii) the time that person is a person with a
21		temporary total disability for a period of time not to exceed 3
22		years, as established by the sworn affidavit of a qualified
23		physician; and (iii) the time that person is seeking and
24		unable to find full-time employment as a school social worker
25		at a State public or nonpublic not-for-profit preschool,
26		elementary school, or secondary school.

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1		(g) If a recipient of a scholarship under this Section
2		fails to fulfill the work obligation set forth in subsection
3		(f), the Commission shall require the recipient to repay the
4		amount of the scholarships received, prorated according to the
5		fraction of the obligation not completed, at a rate of
6		interest equal to 5%, and, if applicable, reasonable
7		collection fees. The Commission is authorized to establish
8		rules relating to its collection activities for repayment of
9		scholarships under this Section. All repayments collected
10		under this Section shall be forwarded to the State Comptroller
11		for deposit into this State's General Revenue Fund.
12		A recipient of a scholarship under this Section is not
13		considered to be in violation of the failure to fulfill the
14		work obligation under subsection (f) if the recipient (i)
15		enrolls on a full-time basis as a graduate student in a course
16		of study related to the field of social work at a qualified
17		Illinois institution of higher learning; (ii) is serving, not
18		in excess of 3 years, as a member of the armed services of the
19		United States; (iii) is a person with a temporary total
20		disability for a period of time not to exceed 3 years, as
21		established by the sworn affidavit of a qualified physician;
22		(iv) is seeking and unable to find full-time employment as a
23		school social worker at an Illinois public or nonpublic
24		not-for-profit preschool, elementary school, or secondary
25		school that satisfies the criteria set forth in subsection (f)
26		and is able to provide evidence of that fact; or (v) becomes a

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1		person with a permanent total disability, as established by
2		the sworn affidavit of a qualified physician.
3		(Source: P.A. 102-621, eff. 1-1-22.)
4		(110 ILCS 947/65.115)
5		(This Section may contain text from a Public Act with a
6		delayed effective date)
7		Sec. 65.115 65.110. School Social Work Shortage Loan
8		Repayment Program.
9		(a) To encourage Illinois students to work, and to
10		continue to work, as a school social worker in public school
11		districts in this State, the Commission shall, each year,
12		receive and consider applications for loan repayment
13		assistance under this Section. This program shall be known as
14		the School Social Work Shortage Loan Repayment Program. The
15		Commission shall administer the program and shall adopt all
16		necessary and proper rules to effectively implement the
17		program.
18		(b) Beginning July 1, 2022, subject to a separate
19		appropriation made for such purposes, the Commission shall
20		award a grant, up to a maximum of $6,500, to each qualified
21		applicant. The Commission may encourage the recipient of a
22		grant under this Section to use the grant award for repayment
23		of the recipient's educational loan. If an appropriation for
24		this program for a given fiscal year is insufficient to
25		provide grants to all qualified applicants, the Commission

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1		shall allocate the appropriation in accordance with this
2		subsection. If funds are insufficient to provide all qualified
3		applicants with a grant as authorized by this Section, the
4		Commission shall allocate the available grant funds for that
5		fiscal year to qualified applicants who submit a complete
6		application on or before a date specified by the Commission,
7		based on the following order of priority:
8		(1) first, to new, qualified applicants who are
9		members of a racial minority as defined in subsection (e);
10		and
11		(2) second, to other new, qualified applicants in
12		accordance with this Section.
13		(c) A person is a qualified applicant under this Section
14		if he or she meets all of the following qualifications:
15		(1) The person is a United States citizen or eligible
16		noncitizen.
17		(2) The person is a resident of this State.
18		(3) The person is a borrower with an outstanding
19		balance due on an educational loan related to obtaining a
20		degree in social work.
21		(4) The person has been employed as a school social
22		worker by a public elementary school or secondary school
23		in this State for at least 12 consecutive months.
24		(5) The person is currently employed as a school
25		social worker by a public elementary school or secondary
26		school in this State.

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1		(d) An applicant shall submit an application, in a form
2		determined by the Commission, for grant assistance under this
3		Section to the Commission. An applicant is required to submit,
4		with the application, supporting documentation as the
5		Commission may deem necessary.
6		(e) Racial minorities are underrepresented as school
7		social workers in elementary and secondary schools in
8		Illinois, and the General Assembly finds that it is in the
9		interest of this State to provide them priority consideration
10		for programs that encourage their participation in this field
11		and thereby foster a profession that is more reflective of the
12		diversity of Illinois students and parents they will serve. A
13		more reflective workforce in school social work allows
14		improved outcomes for students and a better utilization of
15		services. Therefore, the Commission shall give priority to
16		those applicants who are members of a racial minority. In this
17		subsection (e), "racial minority" means a person who is a
18		citizen of the United States or a lawful permanent resident
19		alien of the United States and who is:
20		(1) Black (a person having origins in any of the black
21		racial groups in Africa);
22		(2) Hispanic (a person of Spanish or Portuguese
23		culture with origins in Mexico, South or Central America,
24		or the Caribbean Islands, regardless of race);
25		(3) Asian American (a person having origins in any of
26		the original peoples of the Far East, Southeast Asia, the

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1		Indian Subcontinent, or the Pacific Islands); or
2		(4) American Indian or Alaskan Native (a person having
3		origins in any of the original peoples of North America).
4		(Source: P.A. 102-622, eff. 7-1-22; revised 11-10-21.)
5		Section 390. The Know Before You Owe Private Education
6		Loan Act is amended by changing Section 15 as follows:
7		(110 ILCS 983/15)
8		Sec. 15. Provision of information.
9		(a) Provision of loan statement to borrowers.
10		(1) Loan statement. A private educational lender that
11		disburses any funds with respect to a private education
12		loan described in this Section shall send loan statements,
13		to the borrowers of those funds not less than once every 3
14		months during the time that the borrower is enrolled at an
15		institution of higher education.
16		(2) Contents of statements for income share
17		agreements. Each statement described in subparagraph (1)
18		with respect to income share agreements, shall:
19		(A) report the consumer's total amounts financed
20		under each income share agreement;
21		(B) report the percentage of income payable under
22		each income share agreement;
23		(C) report the maximum number of monthly payments
24		required to be paid under each income share agreement;

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1		(D) report the maximum amount payable under each
2		income share agreement;
3		(E) report the maximum duration of each income
4		share agreement;
5		(F) report the minimum annual income above which
6		payments are required under each income share
7		agreement; and
8		(G) report the annual percentage rate for each
9		income share agreement at the minimum annual income
10		above which payments are required and at $10,000
11		income increments thereafter up to the annual income
12		where the maximum number of monthly payments results
13		in the maximum amount payable.
14		(3) Contents of all other loan statements. Each
15		statement described in subparagraph (1) that does not fall
16		under subparagraph (2) shall:
17		(A) report the borrower's total remaining debt to
18		the private educational lender, including accrued but
19		unpaid interest and capitalized interest;
20		(B) report any debt increases since the last
21		statement; and
22		(C) list the current annual percentage rate for
23		each loan.
24		(b) Certification of exhaustion of federal student loan
25		funds to private educational lender. Upon the request of a
26		private educational lender, acting in connection with an

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1		application initiated by a borrower for a private education
2		loan in accordance with Section 5, the institution of higher
3		education shall within 15 days of receipt of the request
4		provide certification to such private educational lender:
5		(1) that the borrower who initiated the application
6		for the private education loan, or on whose behalf the
7		application was initiated, is enrolled or is scheduled to
8		enroll at the institution of higher education;
9		(2) of the borrower's cost of attendance at the
10		institution of higher education as determined under
11		paragraph (2) of subsection (a) of this Section;
12		(3) of the difference between:
13		(A) the cost of attendance at the institution of
14		higher education; and
15		(B) the borrower's estimated financial assistance
16		received under the federal Higher Education Act of
17		1965 and other assistance known to the institution of
18		higher education, as applicable;
19		(4) that the institution of higher education has
20		received the request for certification and will need
21		additional time to comply with the certification request;
22		and
23		(5) if applicable, that the institution of higher
24		education is refusing to certify the private education
25		loan.
26		(c) Certification of exhaustion of federal student loan

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1		funds to borrower. With respect to a certification request
2		described under subsection (b), and prior to providing such
3		certification in paragraph (1) of subsection (b) or providing
4		notice of the refusal to provide certification under paragraph
5		(5) of subsection (b), the institution of higher education
6		shall:
7		(1) determine whether the borrower who initiated the
8		application for the private education loan, or on whose
9		behalf the application was initiated, has applied for and
10		exhausted the federal financial assistance available to
11		such borrower under the federal Higher Education Act of
12		1965 and inform the borrower accordingly;
13		(2) provide the borrower whose loan application has
14		prompted the certification request by a private
15		educational lender, as described in paragraph (1) of
16		subsection (b), with the following information and
17		disclosures:
18		(A) the amount of additional federal student
19		assistance for which the borrower is eligible and the
20		advantages of federal loans under the federal Higher
21		Education Act of 1965, including disclosure of income
22		driven repayment options, fixed interest rates,
23		deferments, flexible repayment options, loan
24		forgiveness programs, additional protections, and the
25		higher student loan limits for dependent borrowers
26		whose parents are not eligible for a Federal Direct

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1		PLUS Loan;
2		(B) the borrower's ability to select a private
3		educational lender of the borrower's choice;
4		(C) the impact of a proposed private education
5		loan on the borrower's potential eligibility for other
6		financial assistance, including federal financial
7		assistance under the federal Higher Education Act; and
8		(D) the borrower's right to accept or reject a
9		private education loan within the 30-day period
10		following a private educational lender's approval of a
11		borrower's application and the borrower's 3-day right
12		to cancel period; and
13		(3) Any institution of higher education that is also
14		acting as a private educational lender shall provide the
15		certification of exhaustion of federal student loan funds
16		described in paragraphs (1) and (2) of this subsection (c)
17		to the borrower prior to disbursing funds to the borrower.
18		Any institution of higher education that is not eligible
19		for funding under Title IV of the federal Higher Education
20		Act of 1965 is not required to provide this certification
21		to the borrower.
22		(Source: P.A. 102-583, eff. 8-26-21; revised 11-29-21.)
23		Section 395. The Illinois Educational Labor Relations Act
24		is amended by changing Section 14 as follows:

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1		(115 ILCS 5/14) (from Ch. 48, par. 1714)
2		Sec. 14. Unfair labor practices.
3		(a) Educational employers, their agents or representatives
4		are prohibited from:
5		(1) Interfering, restraining or coercing employees in
6		the exercise of the rights guaranteed under this Act.
7		(2) Dominating or interfering with the formation,
8		existence or administration of any employee organization.
9		(3) Discriminating in regard to hire or tenure of
10		employment or any term or condition of employment to
11		encourage or discourage membership in any employee
12		organization.
13		(4) Discharging or otherwise discriminating against an
14		employee because he or she has signed or filed an
15		affidavit, authorization card, petition or complaint or
16		given any information or testimony under this Act.
17		(5) Refusing to bargain collectively in good faith
18		with an employee representative which is the exclusive
19		representative of employees in an appropriate unit,
20		including, but not limited to, the discussing of
21		grievances with the exclusive representative; provided,
22		however, that if an alleged unfair labor practice involves
23		interpretation or application of the terms of a collective
24		bargaining agreement and said agreement contains a
25		grievance and arbitration procedure, the Board may defer
26		the resolution of such dispute to the grievance and

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1		arbitration procedure contained in said agreement.
2		(6) Refusing to reduce a collective bargaining
3		agreement to writing and signing such agreement.
4		(7) Violating any of the rules and regulations
5		promulgated by the Board regulating the conduct of
6		representation elections.
7		(8) Refusing to comply with the provisions of a
8		binding arbitration award.
9		(9) Expending or causing the expenditure of public
10		funds to any external agent, individual, firm, agency,
11		partnership or association in any attempt to influence the
12		outcome of representational elections held pursuant to
13		paragraph (c) of Section 7 of this Act; provided, that
14		nothing in this subsection shall be construed to limit an
15		employer's right to be represented on any matter
16		pertaining to unit determinations, unfair labor practice
17		charges or pre-election conferences in any formal or
18		informal proceeding before the Board, or to seek or obtain
19		advice from legal counsel. Nothing in this paragraph shall
20		be construed to prohibit an employer from expending or
21		causing the expenditure of public funds on, or seeking or
22		obtaining services or advice from, any organization, group
23		or association established by, and including educational
24		or public employers, whether or not covered by this Act,
25		the Illinois Public Labor Relations Act or the public
26		employment labor relations law of any other state or the

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1		federal government, provided that such services or advice
2		are generally available to the membership of the
3		organization, group, or association, and are not offered
4		solely in an attempt to influence the outcome of a
5		particular representational election.
6		(10) Interfering with, restraining, coercing,
7		deterring or discouraging educational employees or
8		applicants to be educational employees from: (1) becoming
9		members of an employee organization; (2) authorizing
10		representation by an employee organization; or (3)
11		authorizing dues or fee deductions to an employee
12		organization, nor shall the employer intentionally permit
13		outside third parties to use its email or other
14		communications systems to engage in that conduct. An
15		employer's good faith implementation of a policy to block
16		the use of its email or other communication systems for
17		such purposes shall be a defense to an unfair labor
18		practice.
19		(11) Disclosing to any person or entity information
20		set forth in subsection (d) of Section 3 of this Act that
21		the employer knows or should know will be used to
22		interfere with, restrain, coerce, deter, or discourage any
23		public employee from: (i) becoming or remaining members of
24		a labor organization, (ii) authorizing representation by a
25		labor organization, or (iii) authorizing dues or fee
26		deductions to a labor organization.

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1		(12) Promising, threatening, or taking any action (i)
2		to permanently replace an employee who participates in a
3		lawful strike under Section 13 of this Act, (ii) to
4		discriminate against an employee who is working or has
5		unconditionally offered to return to work for the employer
6		because the employee supported or participated in such as
7		a lawful strike, or (iii) to lock out lockout, suspend, or
8		otherwise withhold from employment employees in order to
9		influence the position of such employees or the
10		representative of such employees in collective bargaining
11		prior to a lawful strike.
12		(b) Employee organizations, their agents or
13		representatives or educational employees are prohibited from:
14		(1) Restraining or coercing employees in the exercise
15		of the rights guaranteed under this Act, provided that a
16		labor organization or its agents shall commit an unfair
17		labor practice under this paragraph in duty of fair
18		representation cases only by intentional misconduct in
19		representing employees under this Act.
20		(2) Restraining or coercing an educational employer in
21		the selection of his representative for the purposes of
22		collective bargaining or the adjustment of grievances.
23		(3) Refusing to bargain collectively in good faith
24		with an educational employer, if they have been designated
25		in accordance with the provisions of this Act as the
26		exclusive representative of employees in an appropriate

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1		unit.
2		(4) Violating any of the rules and regulations
3		promulgated by the Board regulating the conduct of
4		representation elections.
5		(5) Refusing to reduce a collective bargaining
6		agreement to writing and signing such agreement.
7		(6) Refusing to comply with the provisions of a
8		binding arbitration award.
9		(c) The expressing of any views, argument, opinion or the
10		dissemination thereof, whether in written, printed, graphic or
11		visual form, shall not constitute or be evidence of an unfair
12		labor practice under any of the provisions of this Act, if such
13		expression contains no threat of reprisal or force or promise
14		of benefit.
15		(c-5) The employer shall not discourage public employees
16		or applicants to be public employees from becoming or
17		remaining union members or authorizing dues deductions, and
18		shall not otherwise interfere with the relationship between
19		employees and their exclusive bargaining representative. The
20		employer shall refer all inquiries about union membership to
21		the exclusive bargaining representative, except that the
22		employer may communicate with employees regarding payroll
23		processes and procedures. The employer will establish email
24		policies in an effort to prohibit the use of its email system
25		by outside sources.
26		(d) The actions of a Financial Oversight Panel created

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1		pursuant to Section 1A-8 of the School Code due to a district
2		violating a financial plan shall not constitute or be evidence
3		of an unfair labor practice under any of the provisions of this
4		Act. Such actions include, but are not limited to, reviewing,
5		approving, or rejecting a school district budget or a
6		collective bargaining agreement.
7		(Source: P.A. 101-620, eff. 12-20-19; 102-588, eff. 8-20-21;
8		102-596, eff. 8-27-21; revised 11-29-21.)
9		Section 400. The Illinois Credit Union Act is amended by
10		changing Section 19 as follows:
11		(205 ILCS 305/19) (from Ch. 17, par. 4420)
12		Sec. 19. Meeting of members.
13		(1)(a) The annual meeting shall be held each year during
14		the months of January, February or March or such other month as
15		may be approved by the Department. The meeting shall be held at
16		the time, place and in the manner set forth in the bylaws. Any
17		special meetings of the members of the credit union shall be
18		held at the time, place and in the manner set forth in the
19		bylaws. Unless otherwise set forth in this Act, quorum
20		requirements for meetings of members shall be established by a
21		credit union in its bylaws. Notice of all meetings must be
22		given by the secretary of the credit union at least 7 days
23		before the date of such meeting, either by handing a written or
24		printed notice to each member of the credit union, by mailing

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1		the notice to the member at his address as listed on the books
2		and records of the credit union, by posting a notice of the
3		meeting in three conspicuous places, including the office of
4		the credit union, by posting the notice of the meeting on the
5		credit union's website, or by disclosing the notice of the
6		meeting in membership newsletters or account statements.
7		(b) Unless expressly prohibited by the articles of
8		incorporation or bylaws and subject to applicable requirements
9		of this Act, the board of directors may provide by resolution
10		that members may attend, participate in, act in, and vote at
11		any annual meeting or special meeting through the use of a
12		conference telephone or interactive technology, including, but
13		not limited to, electronic transmission, internet usage, or
14		remote communication, by means of which all persons
15		participating in the meeting can communicate with each other.
16		Participation through the use of a conference telephone or
17		interactive technology shall constitute attendance, presence,
18		and representation in person at the annual meeting or special
19		meeting of the person or persons so participating and count
20		towards the quorum required to conduct business at the
21		meeting. The following conditions shall apply to any virtual
22		meeting of the members:
23		(i) the credit union must internally possess or retain
24		the technological capacity to facilitate virtual meeting
25		attendance, participation, communication, and voting; and
26		(ii) the members must receive notice of the use of a

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1		virtual meeting format and appropriate instructions for
2		joining, participating, and voting during the virtual
3		meeting at least 7 days before the virtual meeting.
4		(2) On all questions and at all elections, except election
5		of directors, each member has one vote regardless of the
6		number of his shares. There shall be no voting by proxy except
7		on the election of directors, proposals for merger or
8		voluntary dissolution. Members may vote on questions,
9		including, without limitation, the approval of mergers and
10		voluntary dissolutions under this Act, and in elections by
11		secure electronic record if approved by the board of
12		directors. All voting on the election of directors shall be by
13		ballot, but when there is no contest, written or electronic
14		ballots need not be cast. The record date to be used for the
15		purpose of determining which members are entitled to notice of
16		or to vote at any meeting of members, may be fixed in advance
17		by the directors on a date not more than 90 days nor less than
18		10 days prior to the date of the meeting. If no record date is
19		fixed by the directors, the first day on which notice of the
20		meeting is given, mailed or posted is the record date.
21		(3) Regardless of the number of shares owned by a society,
22		association, club, partnership, other credit union or
23		corporation, having membership in the credit union, it shall
24		be entitled to only one vote and it may be represented and have
25		its vote cast by its designated agent acting on its behalf
26		pursuant to a resolution adopted by the organization's board

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1		of directors or similar governing authority; provided that the
2		credit union shall obtain a certified copy of such resolution
3		before such vote may be cast.
4		(4) A member may revoke a proxy by delivery to the credit
5		union of a written statement to that effect, by execution of a
6		subsequently dated proxy, by execution of a secure electronic
7		record, or by attendance at a meeting and voting in person.
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; 102-496, eff. 8-20-21;
15		revised 10-15-21.)
16		Section 405. The Ambulatory Surgical Treatment Center Act
17		is amended by changing Section 6.9 as follows:
18		(210 ILCS 5/6.9)
19		Sec. 6.9. Surgical smoke plume evacuation.
20		(a) In this Section:
21		"Surgical smoke plume" means the by-product of the use of
22		energy-based devices on tissue during surgery and containing
23		hazardous materials, including, but not limited to,
24		bioaerosols bio-aeorsols, smoke, gases, tissue and cellular

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1		fragments and particulates, and viruses.
2		"Surgical smoke plume evacuation system" means a dedicated
3		device that is designed to capture, transport, filter, and
4		neutralize surgical smoke plume at the site of origin and
5		before surgical smoke plume can make ocular contact, or
6		contact with the respiratory tract, of an employee.
7		(b) To protect patients and health care workers from the
8		hazards of surgical smoke plume, an ambulatory surgical
9		treatment center licensed under this Act shall adopt policies
10		to ensure the elimination of surgical smoke plume by use of a
11		surgical smoke plume evacuation system for each procedure that
12		generates surgical smoke plume from the use of energy-based
13		devices, including, but not limited to, electrosurgery and
14		lasers.
15		(c) An ambulatory surgical treatment center licensed under
16		this Act shall report to the Department within 90 days after
17		the effective date of this amendatory Act of the 102nd General
18		Assembly that policies under subsection (b) of this Section
19		have been adopted.
20		(Source: P.A. 102-533, eff. 1-1-22; revised 11-22-21.)
21		Section 410. The Emergency Medical Services (EMS) Systems
22		Act is amended by changing Section 3.10 as follows:
23		(210 ILCS 50/3.10)
24		Sec. 3.10. Scope of services.

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1		(a) "Advanced Life Support (ALS) Services" means an
2		advanced level of pre-hospital and inter-hospital emergency
3		care and non-emergency medical services that includes basic
4		life support care, cardiac monitoring, cardiac defibrillation,
5		electrocardiography, intravenous therapy, administration of
6		medications, drugs and solutions, use of adjunctive medical
7		devices, trauma care, and other authorized techniques and
8		procedures, as outlined in the provisions of the National EMS
9		Education Standards relating to Advanced Life Support and any
10		modifications to that curriculum specified in rules adopted by
11		the Department pursuant to this Act.
12		That care shall be initiated as authorized by the EMS
13		Medical Director in a Department approved advanced life
14		support EMS System, under the written or verbal direction of a
15		physician licensed to practice medicine in all of its branches
16		or under the verbal direction of an Emergency Communications
17		Registered Nurse.
18		(b) "Intermediate Life Support (ILS) Services" means an
19		intermediate level of pre-hospital and inter-hospital
20		emergency care and non-emergency medical services that
21		includes basic life support care plus intravenous cannulation
22		and fluid therapy, invasive airway management, trauma care,
23		and other authorized techniques and procedures, as outlined in
24		the Intermediate Life Support national curriculum of the
25		United States Department of Transportation and any
26		modifications to that curriculum specified in rules adopted by

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1		the Department pursuant to this Act.
2		That care shall be initiated as authorized by the EMS
3		Medical Director in a Department approved intermediate or
4		advanced life support EMS System, under the written or verbal
5		direction of a physician licensed to practice medicine in all
6		of its branches or under the verbal direction of an Emergency
7		Communications Registered Nurse.
8		(c) "Basic Life Support (BLS) Services" means a basic
9		level of pre-hospital and inter-hospital emergency care and
10		non-emergency medical services that includes medical
11		monitoring, clinical observation, airway management,
12		cardiopulmonary resuscitation (CPR), control of shock and
13		bleeding and splinting of fractures, as outlined in the
14		provisions of the National EMS Education Standards relating to
15		Basic Life Support and any modifications to that curriculum
16		specified in rules adopted by the Department pursuant to this
17		Act.
18		That care shall be initiated, where authorized by the EMS
19		Medical Director in a Department approved EMS System, under
20		the written or verbal direction of a physician licensed to
21		practice medicine in all of its branches or under the verbal
22		direction of an Emergency Communications Registered Nurse.
23		(d) "Emergency Medical Responder Services" means a
24		preliminary level of pre-hospital emergency care that includes
25		cardiopulmonary resuscitation (CPR), monitoring vital signs
26		and control of bleeding, as outlined in the Emergency Medical

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1		Responder (EMR) curriculum of the National EMS Education
2		Standards and any modifications to that curriculum specified
3		in rules adopted by the Department pursuant to this Act.
4		(e) "Pre-hospital care" means those medical services
5		rendered to patients for analytic, resuscitative, stabilizing,
6		or preventive purposes, precedent to and during transportation
7		of such patients to health care facilities.
8		(f) "Inter-hospital care" means those medical services
9		rendered to patients for analytic, resuscitative, stabilizing,
10		or preventive purposes, during transportation of such patients
11		from one hospital to another hospital.
12		(f-5) "Critical care transport" means the pre-hospital or
13		inter-hospital transportation of a critically injured or ill
14		patient by a vehicle service provider, including the provision
15		of medically necessary supplies and services, at a level of
16		service beyond the scope of the Paramedic. When medically
17		indicated for a patient, as determined by a physician licensed
18		to practice medicine in all of its branches, an advanced
19		practice registered nurse, or a physician physician's
20		assistant, in compliance with subsections (b) and (c) of
21		Section 3.155 of this Act, critical care transport may be
22		provided by:
23		(1) Department-approved critical care transport
24		providers, not owned or operated by a hospital, utilizing
25		Paramedics with additional training, nurses, or other
26		qualified health professionals; or

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1		(2) Hospitals, when utilizing any vehicle service
2		provider or any hospital-owned or operated vehicle service
3		provider. Nothing in Public Act 96-1469 requires a
4		hospital to use, or to be, a Department-approved critical
5		care transport provider when transporting patients,
6		including those critically injured or ill. Nothing in this
7		Act shall restrict or prohibit a hospital from providing,
8		or arranging for, the medically appropriate transport of
9		any patient, as determined by a physician licensed to
10		practice in all of its branches, an advanced practice
11		registered nurse, or a physician physician's assistant.
12		(g) "Non-emergency medical services" means the provision
13		of, and all actions necessary before and after the provision
14		of, Basic Life Support (BLS) Services, Advanced Life Support
15		(ALS) Services, and critical care transport to patients whose
16		conditions do not meet this Act's definition of emergency,
17		before, after, or during transportation of such patients to or
18		from health care facilities visited for the purpose of
19		obtaining medical or health care services which are not
20		emergency in nature, using a vehicle regulated by this Act and
21		personnel licensed under this Act.
22		(g-5) The Department shall have the authority to
23		promulgate minimum standards for critical care transport
24		providers through rules adopted pursuant to this Act. All
25		critical care transport providers must function within a
26		Department-approved EMS System. Nothing in Department rules

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1		shall restrict a hospital's ability to furnish personnel,
2		equipment, and medical supplies to any vehicle service
3		provider, including a critical care transport provider.
4		Minimum critical care transport provider standards shall
5		include, but are not limited to:
6		(1) Personnel staffing and licensure.
7		(2) Education, certification, and experience.
8		(3) Medical equipment and supplies.
9		(4) Vehicular standards.
10		(5) Treatment and transport protocols.
11		(6) Quality assurance and data collection.
12		(h) The provisions of this Act shall not apply to the use
13		of an ambulance or SEMSV, unless and until emergency or
14		non-emergency medical services are needed during the use of
15		the ambulance or SEMSV.
16		(Source: P.A. 102-623, eff. 8-27-21; revised 12-1-21.)
17		Section 415. The Hospital Licensing Act is amended by
18		setting forth, renumbering, and changing multiple versions of
19		Section 6.28 and by changing Sections 10.10 and 14.5 as
20		follows:
21		(210 ILCS 85/6.28)
22		(Section scheduled to be repealed on December 31, 2022)
23		Sec. 6.28. N95 masks. Pursuant to and in accordance with
24		applicable local, State, and federal policies, guidance and

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1		recommendations of public health and infection control
2		authorities, and taking into consideration the limitations on
3		access to N95 masks caused by disruptions in local, State,
4		national, and international supply chains, a hospital licensed
5		under this Act shall provide N95 masks to physicians licensed
6		under the Medical Practice Act of 1987, registered nurses and
7		advanced practice registered nurses licensed under the Nurse
8		Practice Licensing Act, and any other employees or contractual
9		workers who provide direct patient care and who, pursuant to
10		such policies, guidance, and recommendations, are recommended
11		to have such a mask to safely provide such direct patient care
12		within a hospital setting. Nothing in this Section shall be
13		construed to impose any new duty or obligation on the hospital
14		or employee that is greater than that imposed under State and
15		federal laws in effect on April 27, 2021 (the effective date of
16		Public Act 102-4) this amendatory Act of the 102nd General
17		Assembly.
18		This Section is repealed on December 31, 2022.
19		(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21;
20		revised 12-14-21.)
21		(210 ILCS 85/6.30)
22		Sec. 6.30 6.28. Facility-provided medication upon
23		discharge.
24		(a) The General Assembly finds that this Section is
25		necessary for the immediate preservation of the public peace,

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1		health, and safety.
2		(b) In this Section, "facility-provided medication" has
3		the same meaning as provided under Section 15.10 of the
4		Pharmacy Practice Act.
5		(c) When a facility-provided medication is ordered at
6		least 24 hours in advance for surgical procedures and is
7		administered to a patient at a hospital licensed under this
8		Act, any unused portion of the facility-provided medication
9		must be offered to the patient upon discharge when it is
10		required for continuing treatment.
11		(d) A facility-provided medication shall be labeled
12		consistent with labeling requirements under Section 22 of the
13		Pharmacy Practice Act.
14		(e) If the facility-provided medication is used in an
15		operating room or emergency department setting, the prescriber
16		is responsible for counseling the patient on its proper use
17		and administration and the requirement of pharmacist
18		counseling is waived.
19		(Source: P.A. 102-155, eff. 7-23-21; revised 11-10-21.)
20		(210 ILCS 85/6.31)
21		Sec. 6.31 6.28. Patient contact policy during pandemics or
22		other public health emergencies. During a pandemic or other
23		public health emergency, a hospital licensed under this Act
24		shall develop and implement a contact policy to encourage
25		patients' ability to engage with family members throughout the

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1		duration of the pandemic or other public health emergency,
2		including through the use of phone calls, videos calls, or
3		other electronic mechanisms mechanism.
4		(Source: P.A. 102-398, eff. 8-16-21; revised 11-10-21.)
5		(210 ILCS 85/6.32)
6		Sec. 6.32 6.28. Surgical smoke plume evacuation.
7		(a) In this Section:
8		"Surgical smoke plume" means the by-product of the use of
9		energy-based devices on tissue during surgery and containing
10		hazardous materials, including, but not limited to,
11		bioaerosols bio-aeorsols, smoke, gases, tissue and cellular
12		fragments and particulates, and viruses.
13		"Surgical smoke plume evacuation system" means a dedicated
14		device that is designed to capture, transport, filter, and
15		neutralize surgical smoke plume at the site of origin and
16		before surgical smoke plume can make ocular contact, or
17		contact with the respiratory tract, of an employee.
18		(b) To protect patients and health care workers from the
19		hazards of surgical smoke plume, a hospital licensed under
20		this Act shall adopt policies to ensure the elimination of
21		surgical smoke plume by use of a surgical smoke plume
22		evacuation system for each procedure that generates surgical
23		smoke plume from the use of energy-based devices, including,
24		but not limited to, electrosurgery and lasers.
25		(c) A hospital licensed under this Act shall report to the

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1		Department within 90 days after January 1, 2022 (the effective
2		date of Public Act 102-533) this amendatory Act of the 102nd
3		General Assembly that policies under subsection (b) of this
4		Section have been adopted.
5		(Source: P.A. 102-533, eff. 1-1-22; revised 11-10-21.)
6		(210 ILCS 85/10.10)
7		Sec. 10.10. Nurse Staffing by Patient Acuity.
8		(a) Findings. The Legislature finds and declares all of
9		the following:
10		(1) The State of Illinois has a substantial interest
11		in promoting quality care and improving the delivery of
12		health care services.
13		(2) Evidence-based studies have shown that the basic
14		principles of staffing in the acute care setting should be
15		based on the complexity of patients' care needs aligned
16		with available nursing skills to promote quality patient
17		care consistent with professional nursing standards.
18		(3) Compliance with this Section promotes an
19		organizational climate that values registered nurses'
20		input in meeting the health care needs of hospital
21		patients.
22		(b) Definitions. As used in this Section:
23		"Acuity model" means an assessment tool selected and
24		implemented by a hospital, as recommended by a nursing care
25		committee, that assesses the complexity of patient care needs

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1		requiring professional nursing care and skills and aligns
2		patient care needs and nursing skills consistent with
3		professional nursing standards.
4		"Department" means the Department of Public Health.
5		"Direct patient care" means care provided by a registered
6		professional nurse with direct responsibility to oversee or
7		carry out medical regimens or nursing care for one or more
8		patients.
9		"Nursing care committee" means a hospital-wide committee
10		or committees of nurses whose functions, in part or in whole,
11		contribute to the development, recommendation, and review of
12		the hospital's nurse staffing plan established pursuant to
13		subsection (d).
14		"Registered professional nurse" means a person licensed as
15		a Registered Nurse under the Nurse Practice Act.
16		"Written staffing plan for nursing care services" means a
17		written plan for the assignment of patient care nursing staff
18		based on multiple nurse and patient considerations that yield
19		minimum staffing levels for inpatient care units and the
20		adopted acuity model aligning patient care needs with nursing
21		skills required for quality patient care consistent with
22		professional nursing standards.
23		(c) Written staffing plan.
24		(1) Every hospital shall implement a written
25		hospital-wide staffing plan, prepared by a nursing care
26		committee or committees, that provides for minimum direct

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1		care professional registered nurse-to-patient staffing
2		needs for each inpatient care unit, including inpatient
3		emergency departments. If the staffing plan prepared by
4		the nursing care committee is not adopted by the hospital,
5		or if substantial changes are proposed to it, the chief
6		nursing officer shall either: (i) provide a written
7		explanation to the committee of the reasons the plan was
8		not adopted; or (ii) provide a written explanation of any
9		substantial changes made to the proposed plan prior to it
10		being adopted by the hospital. The written hospital-wide
11		staffing plan shall include, but need not be limited to,
12		the following considerations:
13		(A) The complexity of complete care, assessment on
14		patient admission, volume of patient admissions,
15		discharges and transfers, evaluation of the progress
16		of a patient's problems, ongoing physical assessments,
17		planning for a patient's discharge, assessment after a
18		change in patient condition, and assessment of the
19		need for patient referrals.
20		(B) The complexity of clinical professional
21		nursing judgment needed to design and implement a
22		patient's nursing care plan, the need for specialized
23		equipment and technology, the skill mix of other
24		personnel providing or supporting direct patient care,
25		and involvement in quality improvement activities,
26		professional preparation, and experience.

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1		(C) Patient acuity and the number of patients for
2		whom care is being provided.
3		(D) The ongoing assessments of a unit's patient
4		acuity levels and nursing staff needed shall be
5		routinely made by the unit nurse manager or his or her
6		designee.
7		(E) The identification of additional registered
8		nurses available for direct patient care when
9		patients' unexpected needs exceed the planned workload
10		for direct care staff.
11		(2) In order to provide staffing flexibility to meet
12		patient needs, every hospital shall identify an acuity
13		model for adjusting the staffing plan for each inpatient
14		care unit.
15		(2.5) Each hospital shall implement the staffing plan
16		and assign nursing personnel to each inpatient care unit,
17		including inpatient emergency departments, in accordance
18		with the staffing plan.
19		(A) A registered nurse may report to the nursing
20		care committee any variations where the nurse
21		personnel assignment in an inpatient care unit is not
22		in accordance with the adopted staffing plan and may
23		make a written report to the nursing care committee
24		based on the variations.
25		(B) Shift-to-shift adjustments in staffing levels
26		required by the staffing plan may be made by the

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1		appropriate hospital personnel overseeing inpatient
2		care operations. If a registered nurse in an inpatient
3		care unit objects to a shift-to-shift adjustment, the
4		registered nurse may submit a written report to the
5		nursing care committee.
6		(C) The nursing care committee shall develop a
7		process to examine and respond to written reports
8		submitted under subparagraphs (A) and (B) of this
9		paragraph (2.5), including the ability to determine if
10		a specific written report is resolved or should be
11		dismissed.
12		(3) The written staffing plan shall be posted, either
13		by physical or electronic means, in a conspicuous and
14		accessible location for both patients and direct care
15		staff, as required under the Hospital Report Card Act. A
16		copy of the written staffing plan shall be provided to any
17		member of the general public upon request.
18		(d) Nursing care committee.
19		(1) Every hospital shall have a nursing care committee
20		that meets at least 6 times per year. A hospital shall
21		appoint members of a committee whereby at least 55% of the
22		members are registered professional nurses providing
23		direct inpatient care, one of whom shall be selected
24		annually by the direct inpatient care nurses to serve as
25		co-chair of the committee.
26		(2) (Blank).

HB5501 Engrossed - 1320 - LRB102 24698 AMC 33937 b
1		(2.5) A nursing care committee shall prepare and
2		recommend to hospital administration the hospital's
3		written hospital-wide staffing plan. If the staffing plan
4		is not adopted by the hospital, the chief nursing officer
5		shall provide a written statement to the committee prior
6		to a staffing plan being adopted by the hospital that: (A)
7		explains the reasons the committee's proposed staffing
8		plan was not adopted; and (B) describes the changes to the
9		committee's proposed staffing or any alternative to the
10		committee's proposed staffing plan.
11		(3) A nursing care committee's or committees' written
12		staffing plan for the hospital shall be based on the
13		principles from the staffing components set forth in
14		subsection (c). In particular, a committee or committees
15		shall provide input and feedback on the following:
16		(A) Selection, implementation, and evaluation of
17		minimum staffing levels for inpatient care units.
18		(B) Selection, implementation, and evaluation of
19		an acuity model to provide staffing flexibility that
20		aligns changing patient acuity with nursing skills
21		required.
22		(C) Selection, implementation, and evaluation of a
23		written staffing plan incorporating the items
24		described in subdivisions (c)(1) and (c)(2) of this
25		Section.
26		(D) Review the nurse staffing plans for all

HB5501 Engrossed - 1321 - LRB102 24698 AMC 33937 b
1		inpatient areas; and current acuity tools and measures
2		in use. The nursing care committee's review shall
3		consider:
4		(i) patient outcomes;
5		(ii) complaints regarding staffing, including
6		complaints about a delay in direct care nursing or
7		an absence of direct care nursing;
8		(iii) the number of hours of nursing care
9		provided through an inpatient hospital unit
10		compared with the number of inpatients served by
11		the hospital unit during a 24-hour period;
12		(iv) the aggregate hours of overtime worked by
13		the nursing staff;
14		(v) the extent to which actual nurse staffing
15		for each hospital inpatient unit differs from the
16		staffing specified by the staffing plan; and
17		(vi) any other matter or change to the
18		staffing plan determined by the committee to
19		ensure that the hospital is staffed to meet the
20		health care needs of patients.
21		(4) A nursing care committee must issue a written
22		report addressing the items described in subparagraphs (A)
23		through (D) of paragraph (3) semi-annually. A written copy
24		of this report shall be made available to direct inpatient
25		care nurses by making available a paper copy of the
26		report, distributing it electronically, or posting it on

HB5501 Engrossed - 1322 - LRB102 24698 AMC 33937 b
1		the hospital's website.
2		(5) A nursing care committee must issue a written
3		report at least annually to the hospital governing board
4		that addresses items including, but not limited to: the
5		items described in paragraph (3); changes made based on
6		committee recommendations and the impact of such changes;
7		and recommendations for future changes related to nurse
8		staffing.
9		(e) Nothing in this Section 10.10 shall be construed to
10		limit, alter, or modify any of the terms, conditions, or
11		provisions of a collective bargaining agreement entered into
12		by the hospital.
13		(f) No hospital may discipline, discharge, or take any
14		other adverse employment action against an employee solely
15		because the employee expresses a concern or complaint
16		regarding an alleged violation of this Section or concerns
17		related to nurse staffing.
18		(g) Any employee of a hospital may file a complaint with
19		the Department regarding an alleged violation of this Section.
20		The Department must forward notification of the alleged
21		violation to the hospital in question within 10 business days
22		after the complaint is filed. Upon receiving a complaint of a
23		violation of this Section, the Department may take any action
24		authorized under Sections 7 or 9 of this Act.
25		(Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21;
26		revised 10-6-21.)

HB5501 Engrossed - 1323 - LRB102 24698 AMC 33937 b
1		(210 ILCS 85/14.5)
2		Sec. 14.5. Hospital Licensure Fund.
3		(a) There is created in the State treasury the Hospital
4		Licensure Fund. The Fund is created for the purpose of
5		providing funding for the administration of the licensure
6		program and patient safety and quality initiatives for
7		hospitals, including, without limitation, the implementation
8		of the Illinois Adverse Health Care Events Reporting Law of
9		2005.
10		(b) The Fund shall consist of the following:
11		(1) fees collected pursuant to Sections 5 and 7 of
12		this the Hospital Licensing Act;
13		(2) federal matching funds received by the State as a
14		result of expenditures made by the Department that are
15		attributable to moneys deposited in the Fund;
16		(3) interest earned on moneys deposited in the Fund;
17		and
18		(4) other moneys received for the Fund from any other
19		source, including interest earned thereon.
20		(c) Disbursements from the Fund shall be made only for:
21		(1) initially, the implementation of the Illinois
22		Adverse Health Care Events Reporting Law of 2005;
23		(2) subsequently, programs, information, or
24		assistance, including measures to address public
25		complaints, designed to measurably improve quality and

HB5501 Engrossed - 1324 - LRB102 24698 AMC 33937 b
1		patient safety;
2		(2.5) from fines for violations of Section 10.10,
3		scholarships under the Nursing Education Scholarship Law;
4		and
5		(3) the reimbursement of moneys collected by the
6		Department through error or mistake.
7		(d) The uses described in paragraph (2) of subsection (c)
8		shall be developed in conjunction with a statewide
9		organization representing a majority of hospitals.
10		(Source: P.A. 102-641, eff. 8-27-21; revised 12-1-21.)
11		Section 420. The Birth Center Licensing Act is amended by
12		changing Section 30 as follows:
13		(210 ILCS 170/30)
14		Sec. 30. Minimum standards. (a) The Department's rules
15		adopted pursuant to Section 60 of this Act shall contain
16		minimum standards to protect the health and safety of a
17		patient of a birth center. In adopting rules for birth
18		centers, the Department shall consider:
19		(1) the Commission for the Accreditation of Birth
20		Centers' Standards for Freestanding Birth Centers;
21		(2) the American Academy of Pediatrics and American
22		College of Obstetricians and Gynecologists Guidelines for
23		Perinatal Care; and
24		(3) the Regionalized Perinatal Health Care Code.

HB5501 Engrossed - 1325 - LRB102 24698 AMC 33937 b
1		(Source: P.A. 102-518, eff. 8-20-21; revised 12-1-21.)
2		Section 425. The Illinois Insurance Code is amended by
3		changing Sections 131.1, 131.14b, 131.22, 370c, and 370c.1 and
4		by setting forth, renumbering, and changing multiple versions
5		of Section 356z.43 as follows:
6		(215 ILCS 5/131.1)
7		(Text of Section before amendment by P.A. 102-578)
8		Sec. 131.1. Definitions. As used in this Article, the
9		following terms have the respective meanings set forth in this
10		Section unless the context requires otherwise:
11		(a) An "affiliate" of, or person "affiliated" with, a
12		specific person, is a person that directly, or indirectly
13		through one or more intermediaries, controls, or is controlled
14		by, or is under common control with, the person specified.
15		(a-5) "Acquiring party" means such person by whom or on
16		whose behalf the merger or other acquisition of control
17		referred to in Section 131.4 is to be affected and any person
18		that controls such person or persons.
19		(a-10) "Associated person" means, with respect to an
20		acquiring party, (1) any beneficial owner of shares of the
21		company to be acquired, owned, directly or indirectly, of
22		record or beneficially by the acquiring party, (2) any
23		affiliate of the acquiring party or beneficial owner, and (3)
24		any other person acting in concert, directly or indirectly,

HB5501 Engrossed - 1326 - LRB102 24698 AMC 33937 b
1		pursuant to any agreement, arrangement, or understanding,
2		whether written or oral, with the acquiring party or
3		beneficial owner, or any of their respective affiliates, in
4		connection with the merger, consolidation, or other
5		acquisition of control referred to in Section 131.4 of this
6		Code.
7		(a-15) "Company" has the same meaning as "company" as
8		defined in Section 2 of this Code, except that it does not
9		include agencies, authorities, or instrumentalities of the
10		United States, its possessions and territories, the
11		Commonwealth of Puerto Rico, the District of Columbia, or a
12		state or political subdivision of a state.
13		(b) "Control" (including the terms "controlling",
14		"controlled by" and "under common control with") means the
15		possession, direct or indirect, of the power to direct or
16		cause the direction of the management and policies of a
17		person, whether through the ownership of voting securities,
18		the holding of shareholders' or policyholders' proxies by
19		contract other than a commercial contract for goods or
20		non-management services, or otherwise, unless the power is
21		solely the result of an official position with or corporate
22		office held by the person. Control is presumed to exist if any
23		person, directly or indirectly, owns, controls, holds with the
24		power to vote, or holds shareholders' proxies representing 10%
25		or more of the voting securities of any other person, or holds
26		or controls sufficient policyholders' proxies to elect the

HB5501 Engrossed - 1327 - LRB102 24698 AMC 33937 b
1		majority of the board of directors of the domestic company.
2		This presumption may be rebutted by a showing made in the
3		manner as the Director may provide by rule. The Director may
4		determine, after furnishing all persons in interest notice and
5		opportunity to be heard and making specific findings of fact
6		to support such determination, that control exists in fact,
7		notwithstanding the absence of a presumption to that effect.
8		(b-5) "Enterprise risk" means any activity, circumstance,
9		event, or series of events involving one or more affiliates of
10		a company that, if not remedied promptly, is likely to have a
11		material adverse effect upon the financial condition or
12		liquidity of the company or its insurance holding company
13		system as a whole, including, but not limited to, anything
14		that would cause the company's risk-based capital to fall into
15		company action level as set forth in Article IIA of this Code
16		or would cause the company to be in hazardous financial
17		condition as set forth in Article XII 1/2 of this Code.
18		(b-10) "Exchange Act" means the Securities Exchange Act of
19		1934, as amended, together with the rules and regulations
20		promulgated thereunder.
21		(b-15) "Group-wide supervisor" means the regulatory
22		official authorized to engage in conducting and coordinating
23		group-wide supervision activities who is determined or
24		acknowledged by the Director under Section 131.20d of this
25		Code to have sufficient contacts with an internationally
26		active insurance group.

HB5501 Engrossed - 1328 - LRB102 24698 AMC 33937 b
1		(c) "Insurance holding company system" means two or more
2		affiliated persons, one or more of which is an insurance
3		company as defined in paragraph (e) of Section 2 of this Code.
4		(c-5) "Internationally active insurance group" means an
5		insurance holding company system that:
6		(1) includes an insurer registered under Section 4 of
7		this Code; and
8		(2) meets the following criteria:
9		(A) premiums written in at least 3 countries;
10		(B) the percentage of gross premiums written
11		outside the United States is at least 10% of the
12		insurance holding company system's total gross written
13		premiums; and
14		(C) based on a 3-year rolling average, the total
15		assets of the insurance holding company system are at
16		least $50,000,000,000 or the total gross written
17		premiums of the insurance holding company system are
18		at least $10,000,000,000.
19		(d) (Blank).
20		(d-1) "NAIC" means the National Association of Insurance
21		Commissioners.
22		(d-5) "Non-operating holding company" is a general
23		business corporation functioning solely for the purpose of
24		forming, owning, acquiring, and managing subsidiary business
25		entities and having no other business operations not related
26		thereto.

HB5501 Engrossed - 1329 - LRB102 24698 AMC 33937 b
1		(d-10) "Own", "owned," or "owning" means shares (1) with
2		respect to which a person has title or to which a person's
3		nominee, custodian, or other agent has title and which such
4		nominee, custodian, or other agent is holding on behalf of the
5		person or (2) with respect to which a person (A) has purchased
6		or has entered into an unconditional contract, binding on both
7		parties, to purchase the shares, but has not yet received the
8		shares, (B) owns a security convertible into or exchangeable
9		for the shares and has tendered the security for conversion or
10		exchange, (C) has an option to purchase or acquire, or rights
11		or warrants to subscribe to, the shares and has exercised such
12		option, rights, or warrants, or (D) holds a securities futures
13		contract to purchase the shares and has received notice that
14		the position will be physically settled and is irrevocably
15		bound to receive the underlying shares. To the extent that any
16		affiliates of the stockholder or beneficial owner are acting
17		in concert with the stockholder or beneficial owner, the
18		determination of shares owned may include the effect of
19		aggregating the shares owned by the affiliate or affiliates.
20		Whether shares constitute shares owned shall be decided by the
21		Director in his or her reasonable determination.
22		(e) "Person" means an individual, a corporation, a limited
23		liability company, a partnership, an association, a joint
24		stock company, a trust, an unincorporated organization, any
25		similar entity or any combination of the foregoing acting in
26		concert, but does not include any securities broker performing

HB5501 Engrossed - 1330 - LRB102 24698 AMC 33937 b
1		no more than the usual and customary broker's function or
2		joint venture partnership exclusively engaged in owning,
3		managing, leasing or developing real or tangible personal
4		property other than capital stock.
5		(e-5) "Policyholders' proxies" are proxies that give the
6		holder the right to vote for the election of the directors and
7		other corporate actions not in the day to day operations of the
8		company.
9		(f) (Blank).
10		(f-5) "Securityholder" of a specified person is one who
11		owns any security of such person, including common stock,
12		preferred stock, debt obligations, and any other security
13		convertible into or evidencing the right to acquire any of the
14		foregoing.
15		(g) "Subsidiary" of a specified person is an affiliate
16		controlled by such person directly, or indirectly through one
17		or more intermediaries.
18		(h) "Voting Security" is a security which gives to the
19		holder thereof the right to vote for the election of directors
20		and includes any security convertible into or evidencing a
21		right to acquire a voting security.
22		(i) (Blank).
23		(j) (Blank).
24		(k) (Blank).
25		(Source: P.A. 102-394, eff. 8-16-21; revised 9-22-21.)

HB5501 Engrossed - 1331 - LRB102 24698 AMC 33937 b
1		(Text of Section after amendment by P.A. 102-578)
2		Sec. 131.1. Definitions. As used in this Article, the
3		following terms have the respective meanings set forth in this
4		Section unless the context requires otherwise:
5		(a) An "affiliate" of, or person "affiliated" with, a
6		specific person, is a person that directly, or indirectly
7		through one or more intermediaries, controls, or is controlled
8		by, or is under common control with, the person specified.
9		(a-5) "Acquiring party" means such person by whom or on
10		whose behalf the merger or other acquisition of control
11		referred to in Section 131.4 is to be affected and any person
12		that controls such person or persons.
13		(a-10) "Associated person" means, with respect to an
14		acquiring party, (1) any beneficial owner of shares of the
15		company to be acquired, owned, directly or indirectly, of
16		record or beneficially by the acquiring party, (2) any
17		affiliate of the acquiring party or beneficial owner, and (3)
18		any other person acting in concert, directly or indirectly,
19		pursuant to any agreement, arrangement, or understanding,
20		whether written or oral, with the acquiring party or
21		beneficial owner, or any of their respective affiliates, in
22		connection with the merger, consolidation, or other
23		acquisition of control referred to in Section 131.4 of this
24		Code.
25		(a-15) "Company" has the same meaning as "company" as
26		defined in Section 2 of this Code, except that it does not

HB5501 Engrossed - 1332 - LRB102 24698 AMC 33937 b
1		include agencies, authorities, or instrumentalities of the
2		United States, its possessions and territories, the
3		Commonwealth of Puerto Rico, the District of Columbia, or a
4		state or political subdivision of a state.
5		(b) "Control" (including the terms "controlling",
6		"controlled by" and "under common control with") means the
7		possession, direct or indirect, of the power to direct or
8		cause the direction of the management and policies of a
9		person, whether through the ownership of voting securities,
10		the holding of shareholders' or policyholders' proxies by
11		contract other than a commercial contract for goods or
12		non-management services, or otherwise, unless the power is
13		solely the result of an official position with or corporate
14		office held by the person. Control is presumed to exist if any
15		person, directly or indirectly, owns, controls, holds with the
16		power to vote, or holds shareholders' proxies representing 10%
17		or more of the voting securities of any other person, or holds
18		or controls sufficient policyholders' proxies to elect the
19		majority of the board of directors of the domestic company.
20		This presumption may be rebutted by a showing made in the
21		manner as the Director may provide by rule. The Director may
22		determine, after furnishing all persons in interest notice and
23		opportunity to be heard and making specific findings of fact
24		to support such determination, that control exists in fact,
25		notwithstanding the absence of a presumption to that effect.
26		(b-5) "Enterprise risk" means any activity, circumstance,

HB5501 Engrossed - 1333 - LRB102 24698 AMC 33937 b
1		event, or series of events involving one or more affiliates of
2		a company that, if not remedied promptly, is likely to have a
3		material adverse effect upon the financial condition or
4		liquidity of the company or its insurance holding company
5		system as a whole, including, but not limited to, anything
6		that would cause the company's risk-based capital to fall into
7		company action level as set forth in Article IIA of this Code
8		or would cause the company to be in hazardous financial
9		condition as set forth in Article XII 1/2 of this Code.
10		(b-10) "Exchange Act" means the Securities Exchange Act of
11		1934, as amended, together with the rules and regulations
12		promulgated thereunder.
13		(b-12) "Group capital calculation instructions" means the
14		group capital calculation instructions as adopted by the NAIC
15		and as amended by the NAIC from time to time in accordance with
16		the procedures adopted by the NAIC.
17		(b-15) "Group-wide supervisor" means the regulatory
18		official authorized to engage in conducting and coordinating
19		group-wide supervision activities who is determined or
20		acknowledged by the Director under Section 131.20d of this
21		Code to have sufficient contacts with an internationally
22		active insurance group.
23		(c) "Insurance holding company system" means two or more
24		affiliated persons, one or more of which is an insurance
25		company as defined in paragraph (e) of Section 2 of this Code.
26		(c-5) "Internationally active insurance group" means an

HB5501 Engrossed - 1334 - LRB102 24698 AMC 33937 b
1		insurance holding company system that:
2		(1) includes an insurer registered under Section 4 of
3		this Code; and
4		(2) meets the following criteria:
5		(A) premiums written in at least 3 countries;
6		(B) the percentage of gross premiums written
7		outside the United States is at least 10% of the
8		insurance holding company system's total gross written
9		premiums; and
10		(C) based on a 3-year rolling average, the total
11		assets of the insurance holding company system are at
12		least $50,000,000,000 or the total gross written
13		premiums of the insurance holding company system are
14		at least $10,000,000,000.
15		(d) (Blank).
16		(d-1) "NAIC" means the National Association of Insurance
17		Commissioners.
18		(d-2) "NAIC Liquidity Stress Test Framework" is a separate
19		NAIC publication which includes a history of the NAIC's
20		development of regulatory liquidity stress testing, the scope
21		criteria applicable for a specific data year, and the
22		liquidity stress test instructions, and reporting templates
23		for a specific data year, such scope criteria, instructions,
24		and reporting template being as adopted by the NAIC and as
25		amended by the NAIC from time to time in accordance with the
26		procedures adopted by the NAIC.

HB5501 Engrossed - 1335 - LRB102 24698 AMC 33937 b
1		(d-5) "Non-operating holding company" is a general
2		business corporation functioning solely for the purpose of
3		forming, owning, acquiring, and managing subsidiary business
4		entities and having no other business operations not related
5		thereto.
6		(d-10) "Own", "owned," or "owning" means shares (1) with
7		respect to which a person has title or to which a person's
8		nominee, custodian, or other agent has title and which such
9		nominee, custodian, or other agent is holding on behalf of the
10		person or (2) with respect to which a person (A) has purchased
11		or has entered into an unconditional contract, binding on both
12		parties, to purchase the shares, but has not yet received the
13		shares, (B) owns a security convertible into or exchangeable
14		for the shares and has tendered the security for conversion or
15		exchange, (C) has an option to purchase or acquire, or rights
16		or warrants to subscribe to, the shares and has exercised such
17		option, rights, or warrants, or (D) holds a securities futures
18		contract to purchase the shares and has received notice that
19		the position will be physically settled and is irrevocably
20		bound to receive the underlying shares. To the extent that any
21		affiliates of the stockholder or beneficial owner are acting
22		in concert with the stockholder or beneficial owner, the
23		determination of shares owned may include the effect of
24		aggregating the shares owned by the affiliate or affiliates.
25		Whether shares constitute shares owned shall be decided by the
26		Director in his or her reasonable determination.

HB5501 Engrossed - 1336 - LRB102 24698 AMC 33937 b
1		(e) "Person" means an individual, a corporation, a limited
2		liability company, a partnership, an association, a joint
3		stock company, a trust, an unincorporated organization, any
4		similar entity or any combination of the foregoing acting in
5		concert, but does not include any securities broker performing
6		no more than the usual and customary broker's function or
7		joint venture partnership exclusively engaged in owning,
8		managing, leasing or developing real or tangible personal
9		property other than capital stock.
10		(e-5) "Policyholders' proxies" are proxies that give the
11		holder the right to vote for the election of the directors and
12		other corporate actions not in the day to day operations of the
13		company.
14		(f) (Blank).
15		(f-3) (f-5) "Scope criteria", as detailed in the NAIC
16		Liquidity Stress Test Framework, are the designated exposure
17		bases along with minimum magnitudes thereof for the specified
18		data year, used to establish a preliminary list of insurers
19		considered scoped into the NAIC Liquidity Stress Test
20		Framework for that data year.
21		(f-5) "Securityholder" of a specified person is one who
22		owns any security of such person, including common stock,
23		preferred stock, debt obligations, and any other security
24		convertible into or evidencing the right to acquire any of the
25		foregoing.
26		(g) "Subsidiary" of a specified person is an affiliate

HB5501 Engrossed - 1337 - LRB102 24698 AMC 33937 b
1		controlled by such person directly, or indirectly through one
2		or more intermediaries.
3		(h) "Voting Security" is a security which gives to the
4		holder thereof the right to vote for the election of directors
5		and includes any security convertible into or evidencing a
6		right to acquire a voting security.
7		(i) (Blank).
8		(j) (Blank).
9		(k) (Blank).
10		(Source: P.A. 102-394, eff. 8-16-21; 102-578, eff. 7-1-22 (See
11		Section 5 of P.A. 102-672 for effective date of P.A. 102-578);
12		revised 12-1-21.)
13		(215 ILCS 5/131.14b)
14		(Text of Section before amendment by P.A. 102-578)
15		Sec. 131.14b. Enterprise risk filing. The ultimate
16		controlling person of every company subject to registration
17		shall also file an annual enterprise risk report. The report
18		shall, to the best of the ultimate controlling person's
19		knowledge and belief, identify the material risks within the
20		insurance holding company system that could pose enterprise
21		risk to the company. The report shall be filed with the lead
22		state commissioner of the insurance holding company system as
23		determined by the procedures within the Financial Analysis
24		Handbook adopted by the National Association of Insurance
25		Commissioners.

HB5501 Engrossed - 1338 - LRB102 24698 AMC 33937 b
1		(Source: P.A. 98-609, eff. 7-1-14.)
2		(Text of Section after amendment by P.A. 102-578)
3		Sec. 131.14b. Enterprise risk filings.
4		(a) Annual enterprise risk report. The ultimate
5		controlling person of every company subject to registration
6		shall also file an annual enterprise risk report. The report
7		shall, to the best of the ultimate controlling person's
8		knowledge and belief, identify the material risks within the
9		insurance holding company system that could pose enterprise
10		risk to the company. The report shall be filed with the lead
11		state commissioner of the insurance holding company system as
12		determined by the procedures within the Financial Analysis
13		Handbook adopted by the National Association of Insurance
14		Commissioners.
15		(b) Group capital calculation. Except as provided in this
16		subsection, the ultimate controlling person of every insurer
17		subject to registration shall concurrently file with the
18		registration an annual group capital calculation as directed
19		by the lead state commissioner. The report shall be completed
20		in accordance with the NAIC Group Capital Calculation
21		Instructions, which may permit the lead state commissioner to
22		allow a controlling person who is not the ultimate controlling
23		person to file the group capital calculation. The report shall
24		be filed with the lead state commissioner of the insurance
25		holding company system as determined by the commissioner in

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1		accordance with the procedures within the Financial Analysis
2		Handbook adopted by the NAIC. Insurance holding company
3		systems described in the following are exempt from filing the
4		group capital calculation:
5		(1) an insurance holding company system that has only
6		one insurer within its holding company structure, that
7		only writes business and is only licensed in Illinois, and
8		that assumes no business from any other insurer;
9		(2) an insurance holding company system that is
10		required to perform a group capital calculation specified
11		by the United States Federal Reserve Board; the lead state
12		commissioner shall request the calculation from the
13		Federal Reserve Board under the terms of information
14		sharing agreements in effect; if the Federal Reserve Board
15		cannot share the calculation with the lead state
16		commissioner, the insurance holding company system is not
17		exempt from the group capital calculation filing;
18		(3) an insurance holding company system whose non-U.S.
19		group-wide supervisor is located within a reciprocal
20		jurisdiction as described in paragraph (C-10) of
21		subsection (1) of Section 173.1 that recognizes the U.S.
22		state regulatory approach to group supervision and group
23		capital; and
24		(4) an insurance holding company system:
25		(i) that provides information to the lead state
26		that meets the requirements for accreditation under

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1		the NAIC financial standards and accreditation
2		program, either directly or indirectly through the
3		group-wide supervisor, who has determined such
4		information is satisfactory to allow the lead state to
5		comply with the NAIC group supervision approach, as
6		detailed in the NAIC Financial Analysis Handbook; and
7		(ii) whose non-U.S. group-wide supervisor that is
8		not in a reciprocal jurisdiction recognizes and
9		accepts, as specified by the commissioner in
10		regulation, the group capital calculation as the
11		world-wide group capital assessment for U.S. insurance
12		groups who operate in that jurisdiction.
13		(5) Notwithstanding the provisions of paragraphs (3) and
14		(4) of this subsection, a lead state commissioner shall
15		require the group capital calculation for U.S. operations of
16		any non-U.S. based insurance holding company system where,
17		after any necessary consultation with other supervisors or
18		officials, it is deemed appropriate by the lead state
19		commissioner for prudential oversight and solvency monitoring
20		purposes or for ensuring the competitiveness of the insurance
21		marketplace.
22		(6) Notwithstanding the exemptions from filing the group
23		capital calculation stated in paragraphs (1) through (4) of
24		this subsection, the lead state commissioner has the
25		discretion to exempt the ultimate controlling person from
26		filing the annual group capital calculation or to accept a

HB5501 Engrossed - 1341 - LRB102 24698 AMC 33937 b
1		limited group capital filing or report in accordance with
2		criteria as specified by the Director in regulation.
3		(c) Liquidity stress test. The ultimate controlling person
4		of every insurer subject to registration and also scoped into
5		the NAIC Liquidity Stress Test Framework shall file the
6		results of a specific year's liquidity stress test. The filing
7		shall be made to the lead state insurance commissioner of the
8		insurance holding company system as determined by the
9		procedures within the Financial Analysis Handbook adopted by
10		the National Association of Insurance Commissioners:
11		(1) The NAIC Liquidity Stress Test Framework includes
12		scope criteria applicable to a specific data year. These
13		scope criteria are reviewed at least annually by the NAIC
14		Financial Stability Task Force or its successor. Any
15		change to the NAIC Liquidity Stress Test Framework or to
16		the data year for which the scope criteria are to be
17		measured shall be effective on January 1 of the year
18		following the calendar year when such changes are adopted.
19		Insurers meeting at least one threshold of the scope
20		criteria are considered scoped into the NAIC Liquidity
21		Stress Test Framework for the specified data year unless
22		the lead state insurance commissioner, in consultation
23		with the NAIC Financial Stability Task Force or its
24		successor, determines the insurer should not be scoped
25		into the Framework for that data year. Similarly, insurers
26		that do not trigger at least one threshold of the scope

HB5501 Engrossed - 1342 - LRB102 24698 AMC 33937 b
1		criteria are considered scoped out of the NAIC Liquidity
2		Stress Test Framework for the specified data year, unless
3		the lead state insurance commissioner, in consultation
4		with the NAIC Financial Stability Task Force or its
5		successor, determines the insurer should be scoped into
6		the Framework for that data year.
7		The lead state insurance commissioner, in consultation
8		with the Financial Stability Task Force or its successor,
9		shall assess the regulator's wish to avoid having insurers
10		scoped in and out of the NAIC Liquidity Stress Test
11		Framework on a frequent basis as part of the determination
12		for an insurer.
13		(2) The performance of, and filing of the results
14		from, a specific year's liquidity stress test shall comply
15		with the NAIC Liquidity Stress Test Framework's
16		instructions and reporting templates for that year and any
17		lead state insurance commissioner determinations, in
18		conjunction with the NAIC Financial Stability Task Force
19		or its successor, provided within the Framework.
20		(Source: P.A. 102-578, eff. 7-1-22 (See Section 5 of P.A.
21		102-672 for effective date of P.A. 102-578); revised 12-2-21.)
22		(215 ILCS 5/131.22)
23		(Text of Section before amendment by P.A. 102-578)
24		Sec. 131.22. Confidential treatment.
25		(a) Documents, materials, or other information in the

HB5501 Engrossed - 1343 - LRB102 24698 AMC 33937 b
1		possession or control of the Department that are obtained by
2		or disclosed to the Director or any other person in the course
3		of an examination or investigation made pursuant to this
4		Article and all information reported or provided to the
5		Department pursuant to paragraphs (12) and (13) of Section
6		131.5 and Sections 131.13 through 131.21 shall be confidential
7		by law and privileged, shall not be subject to the Illinois
8		Freedom of Information Act, shall not be subject to subpoena,
9		and shall not be subject to discovery or admissible in
10		evidence in any private civil action. However, the Director is
11		authorized to use the documents, materials, or other
12		information in the furtherance of any regulatory or legal
13		action brought as a part of the Director's official duties.
14		The Director shall not otherwise make the documents,
15		materials, or other information public without the prior
16		written consent of the company to which it pertains unless the
17		Director, after giving the company and its affiliates who
18		would be affected thereby prior written notice and an
19		opportunity to be heard, determines that the interest of
20		policyholders, shareholders, or the public shall be served by
21		the publication thereof, in which event the Director may
22		publish all or any part in such manner as may be deemed
23		appropriate.
24		(b) Neither the Director nor any person who received
25		documents, materials, or other information while acting under
26		the authority of the Director or with whom such documents,

HB5501 Engrossed - 1344 - LRB102 24698 AMC 33937 b
1		materials, or other information are shared pursuant to this
2		Article shall be permitted or required to testify in any
3		private civil action concerning any confidential documents,
4		materials, or information subject to subsection (a) of this
5		Section.
6		(c) In order to assist in the performance of the
7		Director's duties, the Director:
8		(1) may share documents, materials, or other
9		information, including the confidential and privileged
10		documents, materials, or information subject to subsection
11		(a) of this Section, with other state, federal, and
12		international regulatory agencies, with the NAIC and its
13		affiliates and subsidiaries, and with third-party
14		consultants, and with state, federal, and international
15		law enforcement authorities and regulatory agencies,
16		including members of any supervisory college allowed by
17		this Article, provided that the recipient agrees in
18		writing to maintain the confidentiality and privileged
19		status of the document, material, or other information,
20		and has verified in writing the legal authority to
21		maintain confidentiality;
22		(1.5) notwithstanding paragraph (1) of this subsection
23		(c), may only share confidential and privileged documents,
24		material, or information reported pursuant to Section
25		131.14b with commissioners of states having statutes or
26		regulations substantially similar to subsection (a) of

HB5501 Engrossed - 1345 - LRB102 24698 AMC 33937 b
1		this Section and who have agreed in writing not to
2		disclose such information; and
3		(2) may receive documents, materials, or information,
4		including otherwise confidential and privileged documents,
5		materials, or information from the NAIC and its affiliates
6		and subsidiaries and from regulatory and law enforcement
7		officials of other foreign or domestic jurisdictions, and
8		shall maintain as confidential or privileged any document,
9		material, or information received with notice or the
10		understanding that it is confidential or privileged under
11		the laws of the jurisdiction that is the source of the
12		document, material, or information; any such documents,
13		materials, or information, while in the Director's
14		possession, shall not be subject to the Illinois Freedom
15		of Information Act and shall not be subject to subpoena.
16		(c-5) Written agreements with the NAIC or third-party
17		consultants governing sharing and use of information provided
18		pursuant to this Article consistent with this subsection (c)
19		shall:
20		(1) specify procedures and protocols regarding the
21		confidentiality and security of information shared with
22		the NAIC and its affiliates and subsidiaries or
23		third-party consultants pursuant to this Article,
24		including procedures and protocols for sharing by the NAIC
25		with other state, federal, or international regulators;
26		(2) specify that ownership of information shared with

HB5501 Engrossed - 1346 - LRB102 24698 AMC 33937 b
1		the NAIC and its affiliates and subsidiaries or
2		third-party consultants pursuant to this Article remains
3		with the Director and the NAIC's or third-party
4		consultant's use of the information is subject to the
5		direction of the Director;
6		(3) require prompt notice to be given to a company
7		whose confidential information in the possession of the
8		NAIC or third-party consultant pursuant to this Article is
9		subject to a request or subpoena for disclosure or
10		production; and
11		(4) require the NAIC and its affiliates and
12		subsidiaries or third-party consultants to consent to
13		intervention by a company in any judicial or
14		administrative action in which the NAIC and its affiliates
15		and subsidiaries or third-party consultants may be
16		required to disclose confidential information about the
17		company shared with the NAIC and its affiliates and
18		subsidiaries or third-party consultants pursuant to this
19		Article.
20		(d) The sharing of documents, materials, or information by
21		the Director pursuant to this Article shall not constitute a
22		delegation of regulatory authority or rulemaking, and the
23		Director is solely responsible for the administration,
24		execution, and enforcement of the provisions of this Article.
25		(e) No waiver of any applicable privilege or claim of
26		confidentiality in the documents, materials, or information

HB5501 Engrossed - 1347 - LRB102 24698 AMC 33937 b
1		shall occur as a result of disclosure to the Director under
2		this Section or as a result of sharing as authorized in
3		subsection (c) of this Section.
4		(f) Documents, materials, or other information in the
5		possession or control of the NAIC or a third-party consultant
6		pursuant to this Article shall be confidential by law and
7		privileged, shall not be subject to the Illinois Freedom of
8		Information Act, shall not be subject to subpoena, and shall
9		not be subject to discovery or admissible in evidence in any
10		private civil action.
11		(Source: P.A. 102-394, eff. 8-16-21.)
12		(Text of Section after amendment by P.A. 102-578)
13		Sec. 131.22. Confidential treatment.
14		(a) Documents, materials, or other information in the
15		possession or control of the Department that are obtained by
16		or disclosed to the Director or any other person in the course
17		of an examination or investigation made pursuant to this
18		Article and all information reported or provided to the
19		Department pursuant to paragraphs (12) and (13) of Section
20		131.5 and Sections 131.13 through 131.21 are recognized by
21		this State as being proprietary and to contain trade secrets,
22		and shall be confidential by law and privileged, shall not be
23		subject to the Illinois Freedom of Information Act, shall not
24		be subject to subpoena, and shall not be subject to discovery
25		or admissible in evidence in any private civil action.

HB5501 Engrossed - 1348 - LRB102 24698 AMC 33937 b
1		However, the Director is authorized to use the documents,
2		materials, or other information in the furtherance of any
3		regulatory or legal action brought as a part of the Director's
4		official duties. The Director shall not otherwise make the
5		documents, materials, or other information public without the
6		prior written consent of the company to which it pertains
7		unless the Director, after giving the company and its
8		affiliates who would be affected thereby prior written notice
9		and an opportunity to be heard, determines that the interest
10		of policyholders, shareholders, or the public shall be served
11		by the publication thereof, in which event the Director may
12		publish all or any part in such manner as may be deemed
13		appropriate.
14		(b) Neither the Director nor any person who received
15		documents, materials, or other information while acting under
16		the authority of the Director or with whom such documents,
17		materials, or other information are shared pursuant to this
18		Article shall be permitted or required to testify in any
19		private civil action concerning any confidential documents,
20		materials, or information subject to subsection (a) of this
21		Section.
22		(c) In order to assist in the performance of the
23		Director's duties, the Director:
24		(1) may share documents, materials, or other
25		information, including the confidential and privileged
26		documents, materials, or information subject to subsection

HB5501 Engrossed - 1349 - LRB102 24698 AMC 33937 b
1		(a) of this Section, including proprietary and trade
2		secret documents and materials, with other state, federal,
3		and international regulatory agencies, with the NAIC and
4		its affiliates and subsidiaries, and with third-party
5		consultants, and with state, federal, and international
6		law enforcement authorities and regulatory agencies,
7		including members of any supervisory college allowed by
8		this Article, provided that the recipient agrees in
9		writing to maintain the confidentiality and privileged
10		status of the document, material, or other information,
11		and has verified in writing the legal authority to
12		maintain confidentiality;
13		(1.5) notwithstanding paragraph (1) of this subsection
14		(c), may only share confidential and privileged documents,
15		material, or information reported pursuant to subsection
16		(a) of Section 131.14b with commissioners of states having
17		statutes or regulations substantially similar to
18		subsection (a) of this Section and who have agreed in
19		writing not to disclose such information; and
20		(2) may receive documents, materials, or information,
21		including otherwise confidential and privileged documents,
22		materials, or information, including proprietary and trade
23		secret information, from the NAIC and its affiliates and
24		subsidiaries and from regulatory and law enforcement
25		officials of other foreign or domestic jurisdictions, and
26		shall maintain as confidential or privileged any document,

HB5501 Engrossed - 1350 - LRB102 24698 AMC 33937 b
1		material, or information received with notice or the
2		understanding that it is confidential or privileged under
3		the laws of the jurisdiction that is the source of the
4		document, material, or information; any such documents,
5		materials, or information, while in the Director's
6		possession, shall not be subject to the Illinois Freedom
7		of Information Act and shall not be subject to subpoena.
8		(blank).
9		(c-5) Written agreements with the NAIC or third-party
10		consultants governing sharing and use of information provided
11		pursuant to this Article consistent with subsection (c) shall:
12		(1) specify procedures and protocols regarding the
13		confidentiality and security of information shared with
14		the NAIC and its affiliates and subsidiaries or
15		third-party consultants pursuant to this Article,
16		including procedures and protocols for sharing by the NAIC
17		with other state, federal, or international regulators;
18		the agreement shall provide that the recipient agrees in
19		writing to maintain the confidentiality and privileged
20		status of the documents, materials, or other information
21		and has verified in writing the legal authority to
22		maintain such confidentiality;
23		(2) specify that ownership of information shared with
24		the NAIC and its affiliates and subsidiaries or
25		third-party consultants pursuant to this Article remains
26		with the Director and the NAIC's or third-party

HB5501 Engrossed - 1351 - LRB102 24698 AMC 33937 b
1		consultant's use of the information is subject to the
2		direction of the Director;
3		(3) require prompt notice to be given to a company
4		whose confidential information in the possession of the
5		NAIC or third-party consultant pursuant to this Article is
6		subject to a request or subpoena for disclosure or
7		production;
8		(4) require the NAIC and its affiliates and
9		subsidiaries or third-party consultants to consent to
10		intervention by a company in any judicial or
11		administrative action in which the NAIC and its affiliates
12		and subsidiaries or third-party consultants may be
13		required to disclose confidential information about the
14		company shared with the NAIC and its affiliates and
15		subsidiaries or third-party consultants pursuant to this
16		Article; and
17		(5) excluding documents, material, or information
18		reported pursuant to subsection (c) of Section 131.14b,
19		prohibit the NAIC or third-party consultant from storing
20		the information shared pursuant to this Code in a
21		permanent database after the underlying analysis is
22		completed.
23		(d) The sharing of documents, materials, or information by
24		the Director pursuant to this Article shall not constitute a
25		delegation of regulatory authority or rulemaking, and the
26		Director is solely responsible for the administration,

HB5501 Engrossed - 1352 - LRB102 24698 AMC 33937 b
1		execution, and enforcement of the provisions of this Article.
2		(e) No waiver of any applicable privilege or claim of
3		confidentiality in the documents, materials, or information
4		shall occur as a result of disclosure to the Director under
5		this Section or as a result of sharing as authorized in
6		subsection (c) of this Section.
7		(f) Documents, materials, or other information in the
8		possession or control of the NAIC or third-party consultant
9		pursuant to this Article shall be confidential by law and
10		privileged, shall not be subject to the Illinois Freedom of
11		Information Act, shall not be subject to subpoena, and shall
12		not be subject to discovery or admissible in evidence in any
13		private civil action.
14		(Source: P.A. 102-394, eff. 8-16-21; 102-578, eff. 7-1-22 (See
15		Section 5 of P.A. 102-672 for effective date of P.A. 102-578);
16		revised 12-1-21.)
17		(215 ILCS 5/356z.43)
18		Sec. 356z.43. (Repealed).
19		(Source: P.A. 102-34, eff. 6-25-21. Repealed internally, eff.
20		1-1-22.)
21		(215 ILCS 5/356z.45)
22		Sec. 356z.45 356z.43. Coverage for patient care services
23		provided by a pharmacist. A group or individual policy of
24		accident and health insurance or a managed care plan that is

HB5501 Engrossed - 1353 - LRB102 24698 AMC 33937 b
1		amended, delivered, issued, or renewed on or after January 1,
2		2023 shall provide coverage for health care or patient care
3		services provided by a pharmacist if:
4		(1) the pharmacist meets the requirements and scope of
5		practice as set forth in Section 43 of the Pharmacy
6		Practice Act;
7		(2) the health plan provides coverage for the same
8		service provided by a licensed physician, an advanced
9		practice registered nurse, or a physician assistant;
10		(3) the pharmacist is included in the health benefit
11		plan's network of participating providers; and
12		(4) a reimbursement has been successfully negotiated
13		in good faith between the pharmacist and the health plan.
14		(Source: P.A. 102-103, eff. 1-1-23; revised 10-26-21.)
15		(215 ILCS 5/356z.46)
16		Sec. 356z.46 356z.43. Biomarker testing.
17		(a) As used in this Section:
18		"Biomarker" means a characteristic that is objectively
19		measured and evaluated as an indicator of normal biological
20		processes, pathogenic processes, or pharmacologic responses to
21		a specific therapeutic intervention. "Biomarker" includes, but
22		is not limited to, gene mutations or protein expression.
23		"Biomarker testing" means the analysis of a patient's
24		tissue, blood, or fluid biospecimen for the presence of a
25		biomarker. "Biomarker testing" includes, but is not limited

HB5501 Engrossed - 1354 - LRB102 24698 AMC 33937 b
1		to, single-analyte tests, multi-plex panel tests, and partial
2		or whole genome sequencing.
3		(b) A group or individual policy of accident and health
4		insurance or managed care plan amended, delivered, issued, or
5		renewed on or after January 1, 2022 shall include coverage for
6		biomarker testing as defined in this Section pursuant to
7		criteria established under subsection (d).
8		(c) Biomarker testing shall be covered and conducted in an
9		efficient manner to provide the most complete range of results
10		to the patient's health care provider without requiring
11		multiple biopsies, biospecimen samples, or other delays or
12		disruptions in patient care.
13		(d) Biomarker testing must be covered for the purposes of
14		diagnosis, treatment, appropriate management, or ongoing
15		monitoring of an enrollee's disease or condition when the test
16		is supported by medical and scientific evidence, including,
17		but not limited to:
18		(1) labeled indications for an FDA-approved test or
19		indicated tests for an FDA-approved drug;
20		(2) federal Centers for Medicare and Medicaid Services
21		National Coverage Determinations;
22		(3) nationally recognized clinical practice
23		guidelines;
24		(4) consensus statements;
25		(5) professional society recommendations;
26		(6) peer-reviewed literature, biomedical compendia,

HB5501 Engrossed - 1355 - LRB102 24698 AMC 33937 b
1		and other medical literature that meet the criteria of the
2		National Institutes of Health's National Library of
3		Medicine for indexing in Index Medicus, Excerpta Medicus,
4		Medline, and MEDLARS database of Health Services
5		Technology Assessment Research; and
6		(7) peer-reviewed scientific studies published in or
7		accepted for publication by medical journals that meet
8		nationally recognized requirements for scientific
9		manuscripts and that submit most of their published
10		articles for review by experts who are not part of the
11		editorial staff.
12		(e) When coverage of biomarker testing for the purpose of
13		diagnosis, treatment, or ongoing monitoring of any medical
14		condition is restricted for use by a group or individual
15		policy of accident and health insurance or managed care plan,
16		the patient and prescribing practitioner shall have access to
17		a clear, readily accessible, and convenient processes to
18		request an exception. The process shall be made readily
19		accessible on the insurer's website.
20		(Source: P.A. 102-203, eff. 1-1-22; revised 10-26-21.)
21		(215 ILCS 5/356z.47)
22		Sec. 356z.47 356z.43. Coverage for pancreatic cancer
23		screening. A group or individual policy of accident and health
24		insurance or a managed care plan that is amended, delivered,
25		issued, or renewed on or after January 1, 2022 shall provide

HB5501 Engrossed - 1356 - LRB102 24698 AMC 33937 b
1		coverage for medically necessary pancreatic cancer screening.
2		(Source: P.A. 102-306, eff. 1-1-22; revised 10-26-21.)
3		(215 ILCS 5/356z.48)
4		Sec. 356z.48 356z.43. Colonoscopy coverage.
5		(a) A group policy of accident and health insurance that
6		is amended, delivered, issued, or renewed on or after January
7		1, 2022 shall provide coverage for a colonoscopy that is a
8		follow-up exam based on an initial screen where the
9		colonoscopy was determined to be medically necessary by a
10		physician licensed to practice medicine in all its branches,
11		an advanced practice registered nurse, or a physician
12		assistant.
13		(b) A policy subject to this Section shall not impose a
14		deductible, coinsurance, copayment, or any other cost-sharing
15		requirement on the coverage provided; except that this
16		subsection does not apply to coverage of colonoscopies to the
17		extent such coverage would disqualify a high-deductible health
18		plan from eligibility for a health savings account pursuant to
19		Section 223 of the Internal Revenue Code.
20		(Source: P.A. 102-443, eff. 1-1-22; revised 10-26-21.)
21		(215 ILCS 5/356z.49)
22		Sec. 356z.49 356z.43. A1C testing.
23		(a) As used in this Section, "A1C testing" means blood
24		sugar level testing used to diagnose prediabetes, type 1

HB5501 Engrossed - 1357 - LRB102 24698 AMC 33937 b
1		diabetes, and type 2 diabetes and to monitor management of
2		blood sugar levels.
3		(b) A group or individual policy of accident and health
4		insurance or managed care plan amended, delivered, issued, or
5		renewed on or after January 1, 2022 (the effective date of
6		Public Act 102-530) this amendatory Act of the 102nd General
7		Assembly shall provide coverage for A1C testing recommended by
8		a health care provider for prediabetes, type 1 diabetes, and
9		type 2 diabetes in accordance with prediabetes and diabetes
10		risk factors identified by the United States Centers for
11		Disease Control and Prevention.
12		(1) Risk factors for prediabetes may include, but are
13		not limited to, being overweight or obese, being aged 35
14		or older, having an immediate family member with type 2
15		diabetes, previous diagnosis of gestational diabetes and
16		being African American, Hispanic or Latino American,
17		American Indian, or Alaska Native.
18		(2) Risk factors for type 1 diabetes may include, but
19		are not limited to, family history of diabetes.
20		(3) Risk factors for type 2 diabetes may include, but
21		are not limited to, having prediabetes, being overweight
22		or obese, being aged 35 or older, having an immediate
23		family member with type 1 or type 2 diabetes, previous
24		diagnosis of gestational diabetes and being African
25		American, Hispanic or Latino American, American Indian, or
26		Alaska Native.

HB5501 Engrossed - 1358 - LRB102 24698 AMC 33937 b
1		(Source: P.A. 102-530, eff. 1-1-22; revised 10-26-21.)
2		(215 ILCS 5/356z.50)
3		Sec. 356z.50 356z.43. Comprehensive cancer testing.
4		(a) As used in this Section:
5		"Comprehensive cancer testing" includes, but is not
6		limited to, the following forms of testing:
7		(1) Targeted cancer gene panels.
8		(2) Whole-exome genome testing.
9		(3) Whole-genome sequencing.
10		(4) RNA sequencing.
11		(5) Tumor mutation burden.
12		"Testing of blood or constitutional tissue for cancer
13		predisposition testing" includes, but is not limited to, the
14		following forms of testing:
15		(1) Targeted cancer gene panels.
16		(2) Whole-exome genome testing.
17		(3) Whole-genome sequencing.
18		(b) An individual or group policy of accident and health
19		insurance or managed care plan that is amended, delivered,
20		issued, or renewed on or after January 1, 2022 (the effective
21		date of Public Act 102-589) this amendatory Act of the 102nd
22		General Assembly shall provide coverage for medically
23		necessary comprehensive cancer testing and testing of blood or
24		constitutional tissue for cancer predisposition testing as
25		determined by a physician licensed to practice medicine in all

HB5501 Engrossed - 1359 - LRB102 24698 AMC 33937 b
1		of its branches.
2		(Source: P.A. 102-589, eff. 1-1-22; revised 10-26-21.)
3		(215 ILCS 5/356z.51)
4		Sec. 356z.51 356z.43. Coverage for port-wine stain
5		treatment.
6		(a) A group or individual policy of accident and health
7		insurance or managed care plan amended, delivered, issued, or
8		renewed on or after January 1, 2022 shall provide coverage for
9		treatment to eliminate or provide maximum feasible treatment
10		of nevus flammeus, also known as port-wine stains, including,
11		but not limited to, port-wine stains caused by Sturge-Weber
12		syndrome. For purposes of this Section, treatment or maximum
13		feasible treatment shall include early intervention treatment,
14		including topical, intralesional, or systemic medical therapy
15		and surgery, and laser treatments approved by the U.S. Food
16		and Drug Administration in children aged 18 years and younger
17		that are intended to prevent functional impairment related to
18		vision function, oral function, inflammation, bleeding,
19		infection, and other medical complications associated with
20		port-wine stains.
21		(b) Coverage for treatment required under this Section
22		shall not include treatment solely for cosmetic purposes.
23		(Source: P.A. 102-642, eff. 1-1-22; revised 10-26-21.)
24		(215 ILCS 5/370c) (from Ch. 73, par. 982c)

HB5501 Engrossed - 1360 - LRB102 24698 AMC 33937 b
1		Sec. 370c. Mental and emotional disorders.
2		(a)(1) On and after January 1, 2022 (the effective date of
3		Public Act 102-579) this amendatory Act of the 102nd General
4		Assembly August 16, 2019 Public Act 101-386, every insurer
5		that amends, delivers, issues, or renews group accident and
6		health policies providing coverage for hospital or medical
7		treatment or services for illness on an expense-incurred basis
8		shall provide coverage for the medically necessary treatment
9		of mental, emotional, nervous, or substance use disorders or
10		conditions consistent with the parity requirements of Section
11		370c.1 of this Code.
12		(2) Each insured that is covered for mental, emotional,
13		nervous, or substance use disorders or conditions shall be
14		free to select the physician licensed to practice medicine in
15		all its branches, licensed clinical psychologist, licensed
16		clinical social worker, licensed clinical professional
17		counselor, licensed marriage and family therapist, licensed
18		speech-language pathologist, or other licensed or certified
19		professional at a program licensed pursuant to the Substance
20		Use Disorder Act of his or her choice to treat such disorders,
21		and the insurer shall pay the covered charges of such
22		physician licensed to practice medicine in all its branches,
23		licensed clinical psychologist, licensed clinical social
24		worker, licensed clinical professional counselor, licensed
25		marriage and family therapist, licensed speech-language
26		pathologist, or other licensed or certified professional at a

HB5501 Engrossed - 1361 - LRB102 24698 AMC 33937 b
1		program licensed pursuant to the Substance Use Disorder Act up
2		to the limits of coverage, provided (i) the disorder or
3		condition treated is covered by the policy, and (ii) the
4		physician, licensed psychologist, licensed clinical social
5		worker, licensed clinical professional counselor, licensed
6		marriage and family therapist, licensed speech-language
7		pathologist, or other licensed or certified professional at a
8		program licensed pursuant to the Substance Use Disorder Act is
9		authorized to provide said services under the statutes of this
10		State and in accordance with accepted principles of his or her
11		profession.
12		(3) Insofar as this Section applies solely to licensed
13		clinical social workers, licensed clinical professional
14		counselors, licensed marriage and family therapists, licensed
15		speech-language pathologists, and other licensed or certified
16		professionals at programs licensed pursuant to the Substance
17		Use Disorder Act, those persons who may provide services to
18		individuals shall do so after the licensed clinical social
19		worker, licensed clinical professional counselor, licensed
20		marriage and family therapist, licensed speech-language
21		pathologist, or other licensed or certified professional at a
22		program licensed pursuant to the Substance Use Disorder Act
23		has informed the patient of the desirability of the patient
24		conferring with the patient's primary care physician.
25		(4) "Mental, emotional, nervous, or substance use disorder
26		or condition" means a condition or disorder that involves a

HB5501 Engrossed - 1362 - LRB102 24698 AMC 33937 b
1		mental health condition or substance use disorder that falls
2		under any of the diagnostic categories listed in the mental
3		and behavioral disorders chapter of the current edition of the
4		World Health Organization's International Classification of
5		Disease or that is listed in the most recent version of the
6		American Psychiatric Association's Diagnostic and Statistical
7		Manual of Mental Disorders. "Mental, emotional, nervous, or
8		substance use disorder or condition" includes any mental
9		health condition that occurs during pregnancy or during the
10		postpartum period and includes, but is not limited to,
11		postpartum depression.
12		(5) Medically necessary treatment and medical necessity
13		determinations shall be interpreted and made in a manner that
14		is consistent with and pursuant to subsections (h) through
15		(t).
16		(b)(1) (Blank).
17		(2) (Blank).
18		(2.5) (Blank).
19		(3) Unless otherwise prohibited by federal law and
20		consistent with the parity requirements of Section 370c.1 of
21		this Code, the reimbursing insurer that amends, delivers,
22		issues, or renews a group or individual policy of accident and
23		health insurance, a qualified health plan offered through the
24		health insurance marketplace, or a provider of treatment of
25		mental, emotional, nervous, or substance use disorders or
26		conditions shall furnish medical records or other necessary

HB5501 Engrossed - 1363 - LRB102 24698 AMC 33937 b
1		data that substantiate that initial or continued treatment is
2		at all times medically necessary. An insurer shall provide a
3		mechanism for the timely review by a provider holding the same
4		license and practicing in the same specialty as the patient's
5		provider, who is unaffiliated with the insurer, jointly
6		selected by the patient (or the patient's next of kin or legal
7		representative if the patient is unable to act for himself or
8		herself), the patient's provider, and the insurer in the event
9		of a dispute between the insurer and patient's provider
10		regarding the medical necessity of a treatment proposed by a
11		patient's provider. If the reviewing provider determines the
12		treatment to be medically necessary, the insurer shall provide
13		reimbursement for the treatment. Future contractual or
14		employment actions by the insurer regarding the patient's
15		provider may not be based on the provider's participation in
16		this procedure. Nothing prevents the insured from agreeing in
17		writing to continue treatment at his or her expense. When
18		making a determination of the medical necessity for a
19		treatment modality for mental, emotional, nervous, or
20		substance use disorders or conditions, an insurer must make
21		the determination in a manner that is consistent with the
22		manner used to make that determination with respect to other
23		diseases or illnesses covered under the policy, including an
24		appeals process. Medical necessity determinations for
25		substance use disorders shall be made in accordance with
26		appropriate patient placement criteria established by the

HB5501 Engrossed - 1364 - LRB102 24698 AMC 33937 b
1		American Society of Addiction Medicine. No additional criteria
2		may be used to make medical necessity determinations for
3		substance use disorders.
4		(4) A group health benefit plan amended, delivered,
5		issued, or renewed on or after January 1, 2019 (the effective
6		date of Public Act 100-1024) or an individual policy of
7		accident and health insurance or a qualified health plan
8		offered through the health insurance marketplace amended,
9		delivered, issued, or renewed on or after January 1, 2019 (the
10		effective date of Public Act 100-1024):
11		(A) shall provide coverage based upon medical
12		necessity for the treatment of a mental, emotional,
13		nervous, or substance use disorder or condition consistent
14		with the parity requirements of Section 370c.1 of this
15		Code; provided, however, that in each calendar year
16		coverage shall not be less than the following:
17		(i) 45 days of inpatient treatment; and
18		(ii) beginning on June 26, 2006 (the effective
19		date of Public Act 94-921), 60 visits for outpatient
20		treatment including group and individual outpatient
21		treatment; and
22		(iii) for plans or policies delivered, issued for
23		delivery, renewed, or modified after January 1, 2007
24		(the effective date of Public Act 94-906), 20
25		additional outpatient visits for speech therapy for
26		treatment of pervasive developmental disorders that

HB5501 Engrossed - 1365 - LRB102 24698 AMC 33937 b
1		will be in addition to speech therapy provided
2		pursuant to item (ii) of this subparagraph (A); and
3		(B) may not include a lifetime limit on the number of
4		days of inpatient treatment or the number of outpatient
5		visits covered under the plan.
6		(C) (Blank).
7		(5) An issuer of a group health benefit plan or an
8		individual policy of accident and health insurance or a
9		qualified health plan offered through the health insurance
10		marketplace may not count toward the number of outpatient
11		visits required to be covered under this Section an outpatient
12		visit for the purpose of medication management and shall cover
13		the outpatient visits under the same terms and conditions as
14		it covers outpatient visits for the treatment of physical
15		illness.
16		(5.5) An individual or group health benefit plan amended,
17		delivered, issued, or renewed on or after September 9, 2015
18		(the effective date of Public Act 99-480) shall offer coverage
19		for medically necessary acute treatment services and medically
20		necessary clinical stabilization services. The treating
21		provider shall base all treatment recommendations and the
22		health benefit plan shall base all medical necessity
23		determinations for substance use disorders in accordance with
24		the most current edition of the Treatment Criteria for
25		Addictive, Substance-Related, and Co-Occurring Conditions
26		established by the American Society of Addiction Medicine. The

HB5501 Engrossed - 1366 - LRB102 24698 AMC 33937 b
1		treating provider shall base all treatment recommendations and
2		the health benefit plan shall base all medical necessity
3		determinations for medication-assisted treatment in accordance
4		with the most current Treatment Criteria for Addictive,
5		Substance-Related, and Co-Occurring Conditions established by
6		the American Society of Addiction Medicine.
7		As used in this subsection:
8		"Acute treatment services" means 24-hour medically
9		supervised addiction treatment that provides evaluation and
10		withdrawal management and may include biopsychosocial
11		assessment, individual and group counseling, psychoeducational
12		groups, and discharge planning.
13		"Clinical stabilization services" means 24-hour treatment,
14		usually following acute treatment services for substance
15		abuse, which may include intensive education and counseling
16		regarding the nature of addiction and its consequences,
17		relapse prevention, outreach to families and significant
18		others, and aftercare planning for individuals beginning to
19		engage in recovery from addiction.
20		(6) An issuer of a group health benefit plan may provide or
21		offer coverage required under this Section through a managed
22		care plan.
23		(6.5) An individual or group health benefit plan amended,
24		delivered, issued, or renewed on or after January 1, 2019 (the
25		effective date of Public Act 100-1024):
26		(A) shall not impose prior authorization requirements,

HB5501 Engrossed - 1367 - LRB102 24698 AMC 33937 b
1		other than those established under the Treatment Criteria
2		for Addictive, Substance-Related, and Co-Occurring
3		Conditions established by the American Society of
4		Addiction Medicine, on a prescription medication approved
5		by the United States Food and Drug Administration that is
6		prescribed or administered for the treatment of substance
7		use disorders;
8		(B) shall not impose any step therapy requirements,
9		other than those established under the Treatment Criteria
10		for Addictive, Substance-Related, and Co-Occurring
11		Conditions established by the American Society of
12		Addiction Medicine, before authorizing coverage for a
13		prescription medication approved by the United States Food
14		and Drug Administration that is prescribed or administered
15		for the treatment of substance use disorders;
16		(C) shall place all prescription medications approved
17		by the United States Food and Drug Administration
18		prescribed or administered for the treatment of substance
19		use disorders on, for brand medications, the lowest tier
20		of the drug formulary developed and maintained by the
21		individual or group health benefit plan that covers brand
22		medications and, for generic medications, the lowest tier
23		of the drug formulary developed and maintained by the
24		individual or group health benefit plan that covers
25		generic medications; and
26		(D) shall not exclude coverage for a prescription

HB5501 Engrossed - 1368 - LRB102 24698 AMC 33937 b
1		medication approved by the United States Food and Drug
2		Administration for the treatment of substance use
3		disorders and any associated counseling or wraparound
4		services on the grounds that such medications and services
5		were court ordered.
6		(7) (Blank).
7		(8) (Blank).
8		(9) With respect to all mental, emotional, nervous, or
9		substance use disorders or conditions, coverage for inpatient
10		treatment shall include coverage for treatment in a
11		residential treatment center certified or licensed by the
12		Department of Public Health or the Department of Human
13		Services.
14		(c) This Section shall not be interpreted to require
15		coverage for speech therapy or other habilitative services for
16		those individuals covered under Section 356z.15 of this Code.
17		(d) With respect to a group or individual policy of
18		accident and health insurance or a qualified health plan
19		offered through the health insurance marketplace, the
20		Department and, with respect to medical assistance, the
21		Department of Healthcare and Family Services shall each
22		enforce the requirements of this Section and Sections 356z.23
23		and 370c.1 of this Code, the Paul Wellstone and Pete Domenici
24		Mental Health Parity and Addiction Equity Act of 2008, 42
25		U.S.C. 18031(j), and any amendments to, and federal guidance
26		or regulations issued under, those Acts, including, but not

HB5501 Engrossed - 1369 - LRB102 24698 AMC 33937 b
1		limited to, final regulations issued under the Paul Wellstone
2		and Pete Domenici Mental Health Parity and Addiction Equity
3		Act of 2008 and final regulations applying the Paul Wellstone
4		and Pete Domenici Mental Health Parity and Addiction Equity
5		Act of 2008 to Medicaid managed care organizations, the
6		Children's Health Insurance Program, and alternative benefit
7		plans. Specifically, the Department and the Department of
8		Healthcare and Family Services shall take action:
9		(1) proactively ensuring compliance by individual and
10		group policies, including by requiring that insurers
11		submit comparative analyses, as set forth in paragraph (6)
12		of subsection (k) of Section 370c.1, demonstrating how
13		they design and apply nonquantitative treatment
14		limitations, both as written and in operation, for mental,
15		emotional, nervous, or substance use disorder or condition
16		benefits as compared to how they design and apply
17		nonquantitative treatment limitations, as written and in
18		operation, for medical and surgical benefits;
19		(2) evaluating all consumer or provider complaints
20		regarding mental, emotional, nervous, or substance use
21		disorder or condition coverage for possible parity
22		violations;
23		(3) performing parity compliance market conduct
24		examinations or, in the case of the Department of
25		Healthcare and Family Services, parity compliance audits
26		of individual and group plans and policies, including, but

HB5501 Engrossed - 1370 - LRB102 24698 AMC 33937 b
1		not limited to, reviews of:
2		(A) nonquantitative treatment limitations,
3		including, but not limited to, prior authorization
4		requirements, concurrent review, retrospective review,
5		step therapy, network admission standards,
6		reimbursement rates, and geographic restrictions;
7		(B) denials of authorization, payment, and
8		coverage; and
9		(C) other specific criteria as may be determined
10		by the Department.
11		The findings and the conclusions of the parity compliance
12		market conduct examinations and audits shall be made public.
13		The Director may adopt rules to effectuate any provisions
14		of the Paul Wellstone and Pete Domenici Mental Health Parity
15		and Addiction Equity Act of 2008 that relate to the business of
16		insurance.
17		(e) Availability of plan information.
18		(1) The criteria for medical necessity determinations
19		made under a group health plan, an individual policy of
20		accident and health insurance, or a qualified health plan
21		offered through the health insurance marketplace with
22		respect to mental health or substance use disorder
23		benefits (or health insurance coverage offered in
24		connection with the plan with respect to such benefits)
25		must be made available by the plan administrator (or the
26		health insurance issuer offering such coverage) to any

HB5501 Engrossed - 1371 - LRB102 24698 AMC 33937 b
1		current or potential participant, beneficiary, or
2		contracting provider upon request.
3		(2) The reason for any denial under a group health
4		benefit plan, an individual policy of accident and health
5		insurance, or a qualified health plan offered through the
6		health insurance marketplace (or health insurance coverage
7		offered in connection with such plan or policy) of
8		reimbursement or payment for services with respect to
9		mental, emotional, nervous, or substance use disorders or
10		conditions benefits in the case of any participant or
11		beneficiary must be made available within a reasonable
12		time and in a reasonable manner and in readily
13		understandable language by the plan administrator (or the
14		health insurance issuer offering such coverage) to the
15		participant or beneficiary upon request.
16		(f) As used in this Section, "group policy of accident and
17		health insurance" and "group health benefit plan" includes (1)
18		State-regulated employer-sponsored group health insurance
19		plans written in Illinois or which purport to provide coverage
20		for a resident of this State; and (2) State employee health
21		plans.
22		(g) (1) As used in this subsection:
23		"Benefits", with respect to insurers, means the benefits
24		provided for treatment services for inpatient and outpatient
25		treatment of substance use disorders or conditions at American
26		Society of Addiction Medicine levels of treatment 2.1

HB5501 Engrossed - 1372 - LRB102 24698 AMC 33937 b
1		(Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1
2		(Clinically Managed Low-Intensity Residential), 3.3
3		(Clinically Managed Population-Specific High-Intensity
4		Residential), 3.5 (Clinically Managed High-Intensity
5		Residential), and 3.7 (Medically Monitored Intensive
6		Inpatient) and OMT (Opioid Maintenance Therapy) services.
7		"Benefits", with respect to managed care organizations,
8		means the benefits provided for treatment services for
9		inpatient and outpatient treatment of substance use disorders
10		or conditions at American Society of Addiction Medicine levels
11		of treatment 2.1 (Intensive Outpatient), 2.5 (Partial
12		Hospitalization), 3.5 (Clinically Managed High-Intensity
13		Residential), and 3.7 (Medically Monitored Intensive
14		Inpatient) and OMT (Opioid Maintenance Therapy) services.
15		"Substance use disorder treatment provider or facility"
16		means a licensed physician, licensed psychologist, licensed
17		psychiatrist, licensed advanced practice registered nurse, or
18		licensed, certified, or otherwise State-approved facility or
19		provider of substance use disorder treatment.
20		(2) A group health insurance policy, an individual health
21		benefit plan, or qualified health plan that is offered through
22		the health insurance marketplace, small employer group health
23		plan, and large employer group health plan that is amended,
24		delivered, issued, executed, or renewed in this State, or
25		approved for issuance or renewal in this State, on or after
26		January 1, 2019 (the effective date of Public Act 100-1023)

HB5501 Engrossed - 1373 - LRB102 24698 AMC 33937 b
1		shall comply with the requirements of this Section and Section
2		370c.1. The services for the treatment and the ongoing
3		assessment of the patient's progress in treatment shall follow
4		the requirements of 77 Ill. Adm. Code 2060.
5		(3) Prior authorization shall not be utilized for the
6		benefits under this subsection. The substance use disorder
7		treatment provider or facility shall notify the insurer of the
8		initiation of treatment. For an insurer that is not a managed
9		care organization, the substance use disorder treatment
10		provider or facility notification shall occur for the
11		initiation of treatment of the covered person within 2
12		business days. For managed care organizations, the substance
13		use disorder treatment provider or facility notification shall
14		occur in accordance with the protocol set forth in the
15		provider agreement for initiation of treatment within 24
16		hours. If the managed care organization is not capable of
17		accepting the notification in accordance with the contractual
18		protocol during the 24-hour period following admission, the
19		substance use disorder treatment provider or facility shall
20		have one additional business day to provide the notification
21		to the appropriate managed care organization. Treatment plans
22		shall be developed in accordance with the requirements and
23		timeframes established in 77 Ill. Adm. Code 2060. If the
24		substance use disorder treatment provider or facility fails to
25		notify the insurer of the initiation of treatment in
26		accordance with these provisions, the insurer may follow its

HB5501 Engrossed - 1374 - LRB102 24698 AMC 33937 b
1		normal prior authorization processes.
2		(4) For an insurer that is not a managed care
3		organization, if an insurer determines that benefits are no
4		longer medically necessary, the insurer shall notify the
5		covered person, the covered person's authorized
6		representative, if any, and the covered person's health care
7		provider in writing of the covered person's right to request
8		an external review pursuant to the Health Carrier External
9		Review Act. The notification shall occur within 24 hours
10		following the adverse determination.
11		Pursuant to the requirements of the Health Carrier
12		External Review Act, the covered person or the covered
13		person's authorized representative may request an expedited
14		external review. An expedited external review may not occur if
15		the substance use disorder treatment provider or facility
16		determines that continued treatment is no longer medically
17		necessary. Under this subsection, a request for expedited
18		external review must be initiated within 24 hours following
19		the adverse determination notification by the insurer. Failure
20		to request an expedited external review within 24 hours shall
21		preclude a covered person or a covered person's authorized
22		representative from requesting an expedited external review.
23		If an expedited external review request meets the criteria
24		of the Health Carrier External Review Act, an independent
25		review organization shall make a final determination of
26		medical necessity within 72 hours. If an independent review

HB5501 Engrossed - 1375 - LRB102 24698 AMC 33937 b
1		organization upholds an adverse determination, an insurer
2		shall remain responsible to provide coverage of benefits
3		through the day following the determination of the independent
4		review organization. A decision to reverse an adverse
5		determination shall comply with the Health Carrier External
6		Review Act.
7		(5) The substance use disorder treatment provider or
8		facility shall provide the insurer with 7 business days'
9		advance notice of the planned discharge of the patient from
10		the substance use disorder treatment provider or facility and
11		notice on the day that the patient is discharged from the
12		substance use disorder treatment provider or facility.
13		(6) The benefits required by this subsection shall be
14		provided to all covered persons with a diagnosis of substance
15		use disorder or conditions. The presence of additional related
16		or unrelated diagnoses shall not be a basis to reduce or deny
17		the benefits required by this subsection.
18		(7) Nothing in this subsection shall be construed to
19		require an insurer to provide coverage for any of the benefits
20		in this subsection.
21		(h) As used in this Section:
22		"Generally accepted standards of mental, emotional,
23		nervous, or substance use disorder or condition care" means
24		standards of care and clinical practice that are generally
25		recognized by health care providers practicing in relevant
26		clinical specialties such as psychiatry, psychology, clinical

HB5501 Engrossed - 1376 - LRB102 24698 AMC 33937 b
1		sociology, social work, addiction medicine and counseling, and
2		behavioral health treatment. Valid, evidence-based sources
3		reflecting generally accepted standards of mental, emotional,
4		nervous, or substance use disorder or condition care include
5		peer-reviewed scientific studies and medical literature,
6		recommendations of nonprofit health care provider professional
7		associations and specialty societies, including, but not
8		limited to, patient placement criteria and clinical practice
9		guidelines, recommendations of federal government agencies,
10		and drug labeling approved by the United States Food and Drug
11		Administration.
12		"Medically necessary treatment of mental, emotional,
13		nervous, or substance use disorders or conditions" means a
14		service or product addressing the specific needs of that
15		patient, for the purpose of screening, preventing, diagnosing,
16		managing, or treating an illness, injury, or condition or its
17		symptoms and comorbidities, including minimizing the
18		progression of an illness, injury, or condition or its
19		symptoms and comorbidities in a manner that is all of the
20		following:
21		(1) in accordance with the generally accepted
22		standards of mental, emotional, nervous, or substance use
23		disorder or condition care;
24		(2) clinically appropriate in terms of type,
25		frequency, extent, site, and duration; and
26		(3) not primarily for the economic benefit of the

HB5501 Engrossed - 1377 - LRB102 24698 AMC 33937 b
1		insurer, purchaser, or for the convenience of the patient,
2		treating physician, or other health care provider.
3		"Utilization review" means either of the following:
4		(1) prospectively, retrospectively, or concurrently
5		reviewing and approving, modifying, delaying, or denying,
6		based in whole or in part on medical necessity, requests
7		by health care providers, insureds, or their authorized
8		representatives for coverage of health care services
9		before, retrospectively, or concurrently with the
10		provision of health care services to insureds.
11		(2) evaluating the medical necessity, appropriateness,
12		level of care, service intensity, efficacy, or efficiency
13		of health care services, benefits, procedures, or
14		settings, under any circumstances, to determine whether a
15		health care service or benefit subject to a medical
16		necessity coverage requirement in an insurance policy is
17		covered as medically necessary for an insured.
18		"Utilization review criteria" means patient placement
19		criteria or any criteria, standards, protocols, or guidelines
20		used by an insurer to conduct utilization review.
21		(i)(1) Every insurer that amends, delivers, issues, or
22		renews a group or individual policy of accident and health
23		insurance or a qualified health plan offered through the
24		health insurance marketplace in this State and Medicaid
25		managed care organizations providing coverage for hospital or
26		medical treatment on or after January 1, 2023 shall, pursuant

HB5501 Engrossed - 1378 - LRB102 24698 AMC 33937 b
1		to subsections (h) through (s), provide coverage for medically
2		necessary treatment of mental, emotional, nervous, or
3		substance use disorders or conditions.
4		(2) An insurer shall not set a specific limit on the
5		duration of benefits or coverage of medically necessary
6		treatment of mental, emotional, nervous, or substance use
7		disorders or conditions or limit coverage only to alleviation
8		of the insured's current symptoms.
9		(3) All medical necessity determinations made by the
10		insurer concerning service intensity, level of care placement,
11		continued stay, and transfer or discharge of insureds
12		diagnosed with mental, emotional, nervous, or substance use
13		disorders or conditions shall be conducted in accordance with
14		the requirements of subsections (k) through (u).
15		(4) An insurer that authorizes a specific type of
16		treatment by a provider pursuant to this Section shall not
17		rescind or modify the authorization after that provider
18		renders the health care service in good faith and pursuant to
19		this authorization for any reason, including, but not limited
20		to, the insurer's subsequent cancellation or modification of
21		the insured's or policyholder's contract, or the insured's or
22		policyholder's eligibility. Nothing in this Section shall
23		require the insurer to cover a treatment when the
24		authorization was granted based on a material
25		misrepresentation by the insured, the policyholder, or the
26		provider. Nothing in this Section shall require Medicaid

HB5501 Engrossed - 1379 - LRB102 24698 AMC 33937 b
1		managed care organizations to pay for services if the
2		individual was not eligible for Medicaid at the time the
3		service was rendered. Nothing in this Section shall require an
4		insurer to pay for services if the individual was not the
5		insurer's enrollee at the time services were rendered. As used
6		in this paragraph, "material" means a fact or situation that
7		is not merely technical in nature and results in or could
8		result in a substantial change in the situation.
9		(j) An insurer shall not limit benefits or coverage for
10		medically necessary services on the basis that those services
11		should be or could be covered by a public entitlement program,
12		including, but not limited to, special education or an
13		individualized education program, Medicaid, Medicare,
14		Supplemental Security Income, or Social Security Disability
15		Insurance, and shall not include or enforce a contract term
16		that excludes otherwise covered benefits on the basis that
17		those services should be or could be covered by a public
18		entitlement program. Nothing in this subsection shall be
19		construed to require an insurer to cover benefits that have
20		been authorized and provided for a covered person by a public
21		entitlement program. Medicaid managed care organizations are
22		not subject to this subsection.
23		(k) An insurer shall base any medical necessity
24		determination or the utilization review criteria that the
25		insurer, and any entity acting on the insurer's behalf,
26		applies to determine the medical necessity of health care

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1		services and benefits for the diagnosis, prevention, and
2		treatment of mental, emotional, nervous, or substance use
3		disorders or conditions on current generally accepted
4		standards of mental, emotional, nervous, or substance use
5		disorder or condition care. All denials and appeals shall be
6		reviewed by a professional with experience or expertise
7		comparable to the provider requesting the authorization.
8		(l) For medical necessity determinations relating to level
9		of care placement, continued stay, and transfer or discharge
10		of insureds diagnosed with mental, emotional, and nervous
11		disorders or conditions, an insurer shall apply the patient
12		placement criteria set forth in the most recent version of the
13		treatment criteria developed by an unaffiliated nonprofit
14		professional association for the relevant clinical specialty
15		or, for Medicaid managed care organizations, patient placement
16		criteria determined by the Department of Healthcare and Family
17		Services that are consistent with generally accepted standards
18		of mental, emotional, nervous or substance use disorder or
19		condition care. Pursuant to subsection (b), in conducting
20		utilization review of all covered services and benefits for
21		the diagnosis, prevention, and treatment of substance use
22		disorders an insurer shall use the most recent edition of the
23		patient placement criteria established by the American Society
24		of Addiction Medicine.
25		(m) For medical necessity determinations relating to level
26		of care placement, continued stay, and transfer or discharge

HB5501 Engrossed - 1381 - LRB102 24698 AMC 33937 b
1		that are within the scope of the sources specified in
2		subsection (l), an insurer shall not apply different,
3		additional, conflicting, or more restrictive utilization
4		review criteria than the criteria set forth in those sources.
5		For all level of care placement decisions, the insurer shall
6		authorize placement at the level of care consistent with the
7		assessment of the insured using the relevant patient placement
8		criteria as specified in subsection (l). If that level of
9		placement is not available, the insurer shall authorize the
10		next higher level of care. In the event of disagreement, the
11		insurer shall provide full detail of its assessment using the
12		relevant criteria as specified in subsection (l) to the
13		provider of the service and the patient.
14		Nothing in this subsection or subsection (l) prohibits an
15		insurer from applying utilization review criteria that were
16		developed in accordance with subsection (k) to health care
17		services and benefits for mental, emotional, and nervous
18		disorders or conditions that are not related to medical
19		necessity determinations for level of care placement,
20		continued stay, and transfer or discharge. If an insurer
21		purchases or licenses utilization review criteria pursuant to
22		this subsection, the insurer shall verify and document before
23		use that the criteria were developed in accordance with
24		subsection (k).
25		(n) In conducting utilization review that is outside the
26		scope of the criteria as specified in subsection (l) or

HB5501 Engrossed - 1382 - LRB102 24698 AMC 33937 b
1		relates to the advancements in technology or in the types or
2		levels of care that are not addressed in the most recent
3		versions of the sources specified in subsection (l), an
4		insurer shall conduct utilization review in accordance with
5		subsection (k).
6		(o) This Section does not in any way limit the rights of a
7		patient under the Medical Patient Rights Act.
8		(p) This Section does not in any way limit early and
9		periodic screening, diagnostic, and treatment benefits as
10		defined under 42 U.S.C. 1396d(r).
11		(q) To ensure the proper use of the criteria described in
12		subsection (l), every insurer shall do all of the following:
13		(1) Educate the insurer's staff, including any third
14		parties contracted with the insurer to review claims,
15		conduct utilization reviews, or make medical necessity
16		determinations about the utilization review criteria.
17		(2) Make the educational program available to other
18		stakeholders, including the insurer's participating or
19		contracted providers and potential participants,
20		beneficiaries, or covered lives. The education program
21		must be provided at least once a year, in-person or
22		digitally, or recordings of the education program must be
23		made available to the aforementioned stakeholders.
24		(3) Provide, at no cost, the utilization review
25		criteria and any training material or resources to
26		providers and insured patients upon request. For

HB5501 Engrossed - 1383 - LRB102 24698 AMC 33937 b
1		utilization review criteria not concerning level of care
2		placement, continued stay, and transfer or discharge used
3		by the insurer pursuant to subsection (m), the insurer may
4		place the criteria on a secure, password-protected website
5		so long as the access requirements of the website do not
6		unreasonably restrict access to insureds or their
7		providers. No restrictions shall be placed upon the
8		insured's or treating provider's access right to
9		utilization review criteria obtained under this paragraph
10		at any point in time, including before an initial request
11		for authorization.
12		(4) Track, identify, and analyze how the utilization
13		review criteria are used to certify care, deny care, and
14		support the appeals process.
15		(5) Conduct interrater reliability testing to ensure
16		consistency in utilization review decision making that
17		covers how medical necessity decisions are made; this
18		assessment shall cover all aspects of utilization review
19		as defined in subsection (h).
20		(6) Run interrater reliability reports about how the
21		clinical guidelines are used in conjunction with the
22		utilization review process and parity compliance
23		activities.
24		(7) Achieve interrater reliability pass rates of at
25		least 90% and, if this threshold is not met, immediately
26		provide for the remediation of poor interrater reliability

HB5501 Engrossed - 1384 - LRB102 24698 AMC 33937 b
1		and interrater reliability testing for all new staff
2		before they can conduct utilization review without
3		supervision.
4		(8) Maintain documentation of interrater reliability
5		testing and the remediation actions taken for those with
6		pass rates lower than 90% and submit to the Department of
7		Insurance or, in the case of Medicaid managed care
8		organizations, the Department of Healthcare and Family
9		Services the testing results and a summary of remedial
10		actions as part of parity compliance reporting set forth
11		in subsection (k) of Section 370c.1.
12		(r) This Section applies to all health care services and
13		benefits for the diagnosis, prevention, and treatment of
14		mental, emotional, nervous, or substance use disorders or
15		conditions covered by an insurance policy, including
16		prescription drugs.
17		(s) This Section applies to an insurer that amends,
18		delivers, issues, or renews a group or individual policy of
19		accident and health insurance or a qualified health plan
20		offered through the health insurance marketplace in this State
21		providing coverage for hospital or medical treatment and
22		conducts utilization review as defined in this Section,
23		including Medicaid managed care organizations, and any entity
24		or contracting provider that performs utilization review or
25		utilization management functions on an insurer's behalf.
26		(t) If the Director determines that an insurer has

HB5501 Engrossed - 1385 - LRB102 24698 AMC 33937 b
1		violated this Section, the Director may, after appropriate
2		notice and opportunity for hearing, by order, assess a civil
3		penalty between $1,000 and $5,000 for each violation. Moneys
4		collected from penalties shall be deposited into the Parity
5		Advancement Fund established in subsection (i) of Section
6		370c.1.
7		(u) An insurer shall not adopt, impose, or enforce terms
8		in its policies or provider agreements, in writing or in
9		operation, that undermine, alter, or conflict with the
10		requirements of this Section.
11		(v) The provisions of this Section are severable. If any
12		provision of this Section or its application is held invalid,
13		that invalidity shall not affect other provisions or
14		applications that can be given effect without the invalid
15		provision or application.
16		(Source: P.A. 101-81, eff. 7-12-19; 101-386, eff. 8-16-19;
17		102-558, eff. 8-20-21; 102-579, eff. 1-1-22; revised
18		10-15-21.)
19		(215 ILCS 5/370c.1)
20		Sec. 370c.1. Mental, emotional, nervous, or substance use
21		disorder or condition parity.
22		(a) On and after July 23, 2021 (the effective date of
23		Public Act 102-135) this amendatory Act of the 102nd General
24		Assembly, every insurer that amends, delivers, issues, or
25		renews a group or individual policy of accident and health

HB5501 Engrossed - 1386 - LRB102 24698 AMC 33937 b
1		insurance or a qualified health plan offered through the
2		Health Insurance Marketplace in this State providing coverage
3		for hospital or medical treatment and for the treatment of
4		mental, emotional, nervous, or substance use disorders or
5		conditions shall ensure prior to policy issuance that:
6		(1) the financial requirements applicable to such
7		mental, emotional, nervous, or substance use disorder or
8		condition benefits are no more restrictive than the
9		predominant financial requirements applied to
10		substantially all hospital and medical benefits covered by
11		the policy and that there are no separate cost-sharing
12		requirements that are applicable only with respect to
13		mental, emotional, nervous, or substance use disorder or
14		condition benefits; and
15		(2) the treatment limitations applicable to such
16		mental, emotional, nervous, or substance use disorder or
17		condition benefits are no more restrictive than the
18		predominant treatment limitations applied to substantially
19		all hospital and medical benefits covered by the policy
20		and that there are no separate treatment limitations that
21		are applicable only with respect to mental, emotional,
22		nervous, or substance use disorder or condition benefits.
23		(b) The following provisions shall apply concerning
24		aggregate lifetime limits:
25		(1) In the case of a group or individual policy of
26		accident and health insurance or a qualified health plan

HB5501 Engrossed - 1387 - LRB102 24698 AMC 33937 b
1		offered through the Health Insurance Marketplace amended,
2		delivered, issued, or renewed in this State on or after
3		September 9, 2015 (the effective date of Public Act
4		99-480) this amendatory Act of the 99th General Assembly
5		that provides coverage for hospital or medical treatment
6		and for the treatment of mental, emotional, nervous, or
7		substance use disorders or conditions the following
8		provisions shall apply:
9		(A) if the policy does not include an aggregate
10		lifetime limit on substantially all hospital and
11		medical benefits, then the policy may not impose any
12		aggregate lifetime limit on mental, emotional,
13		nervous, or substance use disorder or condition
14		benefits; or
15		(B) if the policy includes an aggregate lifetime
16		limit on substantially all hospital and medical
17		benefits (in this subsection referred to as the
18		"applicable lifetime limit"), then the policy shall
19		either:
20		(i) apply the applicable lifetime limit both
21		to the hospital and medical benefits to which it
22		otherwise would apply and to mental, emotional,
23		nervous, or substance use disorder or condition
24		benefits and not distinguish in the application of
25		the limit between the hospital and medical
26		benefits and mental, emotional, nervous, or

HB5501 Engrossed - 1388 - LRB102 24698 AMC 33937 b
1		substance use disorder or condition benefits; or
2		(ii) not include any aggregate lifetime limit
3		on mental, emotional, nervous, or substance use
4		disorder or condition benefits that is less than
5		the applicable lifetime limit.
6		(2) In the case of a policy that is not described in
7		paragraph (1) of subsection (b) of this Section and that
8		includes no or different aggregate lifetime limits on
9		different categories of hospital and medical benefits, the
10		Director shall establish rules under which subparagraph
11		(B) of paragraph (1) of subsection (b) of this Section is
12		applied to such policy with respect to mental, emotional,
13		nervous, or substance use disorder or condition benefits
14		by substituting for the applicable lifetime limit an
15		average aggregate lifetime limit that is computed taking
16		into account the weighted average of the aggregate
17		lifetime limits applicable to such categories.
18		(c) The following provisions shall apply concerning annual
19		limits:
20		(1) In the case of a group or individual policy of
21		accident and health insurance or a qualified health plan
22		offered through the Health Insurance Marketplace amended,
23		delivered, issued, or renewed in this State on or after
24		September 9, 2015 (the effective date of Public Act
25		99-480) this amendatory Act of the 99th General Assembly
26		that provides coverage for hospital or medical treatment

HB5501 Engrossed - 1389 - LRB102 24698 AMC 33937 b
1		and for the treatment of mental, emotional, nervous, or
2		substance use disorders or conditions the following
3		provisions shall apply:
4		(A) if the policy does not include an annual limit
5		on substantially all hospital and medical benefits,
6		then the policy may not impose any annual limits on
7		mental, emotional, nervous, or substance use disorder
8		or condition benefits; or
9		(B) if the policy includes an annual limit on
10		substantially all hospital and medical benefits (in
11		this subsection referred to as the "applicable annual
12		limit"), then the policy shall either:
13		(i) apply the applicable annual limit both to
14		the hospital and medical benefits to which it
15		otherwise would apply and to mental, emotional,
16		nervous, or substance use disorder or condition
17		benefits and not distinguish in the application of
18		the limit between the hospital and medical
19		benefits and mental, emotional, nervous, or
20		substance use disorder or condition benefits; or
21		(ii) not include any annual limit on mental,
22		emotional, nervous, or substance use disorder or
23		condition benefits that is less than the
24		applicable annual limit.
25		(2) In the case of a policy that is not described in
26		paragraph (1) of subsection (c) of this Section and that

HB5501 Engrossed - 1390 - LRB102 24698 AMC 33937 b
1		includes no or different annual limits on different
2		categories of hospital and medical benefits, the Director
3		shall establish rules under which subparagraph (B) of
4		paragraph (1) of subsection (c) of this Section is applied
5		to such policy with respect to mental, emotional, nervous,
6		or substance use disorder or condition benefits by
7		substituting for the applicable annual limit an average
8		annual limit that is computed taking into account the
9		weighted average of the annual limits applicable to such
10		categories.
11		(d) With respect to mental, emotional, nervous, or
12		substance use disorders or conditions, an insurer shall use
13		policies and procedures for the election and placement of
14		mental, emotional, nervous, or substance use disorder or
15		condition treatment drugs on their formulary that are no less
16		favorable to the insured as those policies and procedures the
17		insurer uses for the selection and placement of drugs for
18		medical or surgical conditions and shall follow the expedited
19		coverage determination requirements for substance abuse
20		treatment drugs set forth in Section 45.2 of the Managed Care
21		Reform and Patient Rights Act.
22		(e) This Section shall be interpreted in a manner
23		consistent with all applicable federal parity regulations
24		including, but not limited to, the Paul Wellstone and Pete
25		Domenici Mental Health Parity and Addiction Equity Act of
26		2008, final regulations issued under the Paul Wellstone and

HB5501 Engrossed - 1391 - LRB102 24698 AMC 33937 b
1		Pete Domenici Mental Health Parity and Addiction Equity Act of
2		2008 and final regulations applying the Paul Wellstone and
3		Pete Domenici Mental Health Parity and Addiction Equity Act of
4		2008 to Medicaid managed care organizations, the Children's
5		Health Insurance Program, and alternative benefit plans.
6		(f) The provisions of subsections (b) and (c) of this
7		Section shall not be interpreted to allow the use of lifetime
8		or annual limits otherwise prohibited by State or federal law.
9		(g) As used in this Section:
10		"Financial requirement" includes deductibles, copayments,
11		coinsurance, and out-of-pocket maximums, but does not include
12		an aggregate lifetime limit or an annual limit subject to
13		subsections (b) and (c).
14		"Mental, emotional, nervous, or substance use disorder or
15		condition" means a condition or disorder that involves a
16		mental health condition or substance use disorder that falls
17		under any of the diagnostic categories listed in the mental
18		and behavioral disorders chapter of the current edition of the
19		International Classification of Disease or that is listed in
20		the most recent version of the Diagnostic and Statistical
21		Manual of Mental Disorders.
22		"Treatment limitation" includes limits on benefits based
23		on the frequency of treatment, number of visits, days of
24		coverage, days in a waiting period, or other similar limits on
25		the scope or duration of treatment. "Treatment limitation"
26		includes both quantitative treatment limitations, which are

HB5501 Engrossed - 1392 - LRB102 24698 AMC 33937 b
1		expressed numerically (such as 50 outpatient visits per year),
2		and nonquantitative treatment limitations, which otherwise
3		limit the scope or duration of treatment. A permanent
4		exclusion of all benefits for a particular condition or
5		disorder shall not be considered a treatment limitation.
6		"Nonquantitative treatment" means those limitations as
7		described under federal regulations (26 CFR 54.9812-1).
8		"Nonquantitative treatment limitations" include, but are not
9		limited to, those limitations described under federal
10		regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR
11		146.136.
12		(h) The Department of Insurance shall implement the
13		following education initiatives:
14		(1) By January 1, 2016, the Department shall develop a
15		plan for a Consumer Education Campaign on parity. The
16		Consumer Education Campaign shall focus its efforts
17		throughout the State and include trainings in the
18		northern, southern, and central regions of the State, as
19		defined by the Department, as well as each of the 5 managed
20		care regions of the State as identified by the Department
21		of Healthcare and Family Services. Under this Consumer
22		Education Campaign, the Department shall: (1) by January
23		1, 2017, provide at least one live training in each region
24		on parity for consumers and providers and one webinar
25		training to be posted on the Department website and (2)
26		establish a consumer hotline to assist consumers in

HB5501 Engrossed - 1393 - LRB102 24698 AMC 33937 b
1		navigating the parity process by March 1, 2017. By January
2		1, 2018 the Department shall issue a report to the General
3		Assembly on the success of the Consumer Education
4		Campaign, which shall indicate whether additional training
5		is necessary or would be recommended.
6		(2) The Department, in coordination with the
7		Department of Human Services and the Department of
8		Healthcare and Family Services, shall convene a working
9		group of health care insurance carriers, mental health
10		advocacy groups, substance abuse patient advocacy groups,
11		and mental health physician groups for the purpose of
12		discussing issues related to the treatment and coverage of
13		mental, emotional, nervous, or substance use disorders or
14		conditions and compliance with parity obligations under
15		State and federal law. Compliance shall be measured,
16		tracked, and shared during the meetings of the working
17		group. The working group shall meet once before January 1,
18		2016 and shall meet semiannually thereafter. The
19		Department shall issue an annual report to the General
20		Assembly that includes a list of the health care insurance
21		carriers, mental health advocacy groups, substance abuse
22		patient advocacy groups, and mental health physician
23		groups that participated in the working group meetings,
24		details on the issues and topics covered, and any
25		legislative recommendations developed by the working
26		group.

HB5501 Engrossed - 1394 - LRB102 24698 AMC 33937 b
1		(3) Not later than January 1 of each year, the
2		Department, in conjunction with the Department of
3		Healthcare and Family Services, shall issue a joint report
4		to the General Assembly and provide an educational
5		presentation to the General Assembly. The report and
6		presentation shall:
7		(A) Cover the methodology the Departments use to
8		check for compliance with the federal Paul Wellstone
9		and Pete Domenici Mental Health Parity and Addiction
10		Equity Act of 2008, 42 U.S.C. 18031(j), and any
11		federal regulations or guidance relating to the
12		compliance and oversight of the federal Paul Wellstone
13		and Pete Domenici Mental Health Parity and Addiction
14		Equity Act of 2008 and 42 U.S.C. 18031(j).
15		(B) Cover the methodology the Departments use to
16		check for compliance with this Section and Sections
17		356z.23 and 370c of this Code.
18		(C) Identify market conduct examinations or, in
19		the case of the Department of Healthcare and Family
20		Services, audits conducted or completed during the
21		preceding 12-month period regarding compliance with
22		parity in mental, emotional, nervous, and substance
23		use disorder or condition benefits under State and
24		federal laws and summarize the results of such market
25		conduct examinations and audits. This shall include:
26		(i) the number of market conduct examinations

HB5501 Engrossed - 1395 - LRB102 24698 AMC 33937 b
1		and audits initiated and completed;
2		(ii) the benefit classifications examined by
3		each market conduct examination and audit;
4		(iii) the subject matter of each market
5		conduct examination and audit, including
6		quantitative and nonquantitative treatment
7		limitations; and
8		(iv) a summary of the basis for the final
9		decision rendered in each market conduct
10		examination and audit.
11		Individually identifiable information shall be
12		excluded from the reports consistent with federal
13		privacy protections.
14		(D) Detail any educational or corrective actions
15		the Departments have taken to ensure compliance with
16		the federal Paul Wellstone and Pete Domenici Mental
17		Health Parity and Addiction Equity Act of 2008, 42
18		U.S.C. 18031(j), this Section, and Sections 356z.23
19		and 370c of this Code.
20		(E) The report must be written in non-technical,
21		readily understandable language and shall be made
22		available to the public by, among such other means as
23		the Departments find appropriate, posting the report
24		on the Departments' websites.
25		(i) The Parity Advancement Fund is created as a special
26		fund in the State treasury. Moneys from fines and penalties

HB5501 Engrossed - 1396 - LRB102 24698 AMC 33937 b
1		collected from insurers for violations of this Section shall
2		be deposited into the Fund. Moneys deposited into the Fund for
3		appropriation by the General Assembly to the Department shall
4		be used for the purpose of providing financial support of the
5		Consumer Education Campaign, parity compliance advocacy, and
6		other initiatives that support parity implementation and
7		enforcement on behalf of consumers.
8		(j) The Department of Insurance and the Department of
9		Healthcare and Family Services shall convene and provide
10		technical support to a workgroup of 11 members that shall be
11		comprised of 3 mental health parity experts recommended by an
12		organization advocating on behalf of mental health parity
13		appointed by the President of the Senate; 3 behavioral health
14		providers recommended by an organization that represents
15		behavioral health providers appointed by the Speaker of the
16		House of Representatives; 2 representing Medicaid managed care
17		organizations recommended by an organization that represents
18		Medicaid managed care plans appointed by the Minority Leader
19		of the House of Representatives; 2 representing commercial
20		insurers recommended by an organization that represents
21		insurers appointed by the Minority Leader of the Senate; and a
22		representative of an organization that represents Medicaid
23		managed care plans appointed by the Governor.
24		The workgroup shall provide recommendations to the General
25		Assembly on health plan data reporting requirements that
26		separately break out data on mental, emotional, nervous, or

HB5501 Engrossed - 1397 - LRB102 24698 AMC 33937 b
1		substance use disorder or condition benefits and data on other
2		medical benefits, including physical health and related health
3		services no later than December 31, 2019. The recommendations
4		to the General Assembly shall be filed with the Clerk of the
5		House of Representatives and the Secretary of the Senate in
6		electronic form only, in the manner that the Clerk and the
7		Secretary shall direct. This workgroup shall take into account
8		federal requirements and recommendations on mental health
9		parity reporting for the Medicaid program. This workgroup
10		shall also develop the format and provide any needed
11		definitions for reporting requirements in subsection (k). The
12		research and evaluation of the working group shall include,
13		but not be limited to:
14		(1) claims denials due to benefit limits, if
15		applicable;
16		(2) administrative denials for no prior authorization;
17		(3) denials due to not meeting medical necessity;
18		(4) denials that went to external review and whether
19		they were upheld or overturned for medical necessity;
20		(5) out-of-network claims;
21		(6) emergency care claims;
22		(7) network directory providers in the outpatient
23		benefits classification who filed no claims in the last 6
24		months, if applicable;
25		(8) the impact of existing and pertinent limitations
26		and restrictions related to approved services, licensed

HB5501 Engrossed - 1398 - LRB102 24698 AMC 33937 b
1		providers, reimbursement levels, and reimbursement
2		methodologies within the Division of Mental Health, the
3		Division of Substance Use Prevention and Recovery
4		programs, the Department of Healthcare and Family
5		Services, and, to the extent possible, federal regulations
6		and law; and
7		(9) when reporting and publishing should begin.
8		Representatives from the Department of Healthcare and
9		Family Services, representatives from the Division of Mental
10		Health, and representatives from the Division of Substance Use
11		Prevention and Recovery shall provide technical advice to the
12		workgroup.
13		(k) An insurer that amends, delivers, issues, or renews a
14		group or individual policy of accident and health insurance or
15		a qualified health plan offered through the health insurance
16		marketplace in this State providing coverage for hospital or
17		medical treatment and for the treatment of mental, emotional,
18		nervous, or substance use disorders or conditions shall submit
19		an annual report, the format and definitions for which will be
20		developed by the workgroup in subsection (j), to the
21		Department, or, with respect to medical assistance, the
22		Department of Healthcare and Family Services starting on or
23		before July 1, 2020 that contains the following information
24		separately for inpatient in-network benefits, inpatient
25		out-of-network benefits, outpatient in-network benefits,
26		outpatient out-of-network benefits, emergency care benefits,

HB5501 Engrossed - 1399 - LRB102 24698 AMC 33937 b
1		and prescription drug benefits in the case of accident and
2		health insurance or qualified health plans, or inpatient,
3		outpatient, emergency care, and prescription drug benefits in
4		the case of medical assistance:
5		(1) A summary of the plan's pharmacy management
6		processes for mental, emotional, nervous, or substance use
7		disorder or condition benefits compared to those for other
8		medical benefits.
9		(2) A summary of the internal processes of review for
10		experimental benefits and unproven technology for mental,
11		emotional, nervous, or substance use disorder or condition
12		benefits and those for other medical benefits.
13		(3) A summary of how the plan's policies and
14		procedures for utilization management for mental,
15		emotional, nervous, or substance use disorder or condition
16		benefits compare to those for other medical benefits.
17		(4) A description of the process used to develop or
18		select the medical necessity criteria for mental,
19		emotional, nervous, or substance use disorder or condition
20		benefits and the process used to develop or select the
21		medical necessity criteria for medical and surgical
22		benefits.
23		(5) Identification of all nonquantitative treatment
24		limitations that are applied to both mental, emotional,
25		nervous, or substance use disorder or condition benefits
26		and medical and surgical benefits within each

HB5501 Engrossed - 1400 - LRB102 24698 AMC 33937 b
1		classification of benefits.
2		(6) The results of an analysis that demonstrates that
3		for the medical necessity criteria described in
4		subparagraph (A) and for each nonquantitative treatment
5		limitation identified in subparagraph (B), as written and
6		in operation, the processes, strategies, evidentiary
7		standards, or other factors used in applying the medical
8		necessity criteria and each nonquantitative treatment
9		limitation to mental, emotional, nervous, or substance use
10		disorder or condition benefits within each classification
11		of benefits are comparable to, and are applied no more
12		stringently than, the processes, strategies, evidentiary
13		standards, or other factors used in applying the medical
14		necessity criteria and each nonquantitative treatment
15		limitation to medical and surgical benefits within the
16		corresponding classification of benefits; at a minimum,
17		the results of the analysis shall:
18		(A) identify the factors used to determine that a
19		nonquantitative treatment limitation applies to a
20		benefit, including factors that were considered but
21		rejected;
22		(B) identify and define the specific evidentiary
23		standards used to define the factors and any other
24		evidence relied upon in designing each nonquantitative
25		treatment limitation;
26		(C) provide the comparative analyses, including

HB5501 Engrossed - 1401 - LRB102 24698 AMC 33937 b
1		the results of the analyses, performed to determine
2		that the processes and strategies used to design each
3		nonquantitative treatment limitation, as written, for
4		mental, emotional, nervous, or substance use disorder
5		or condition benefits are comparable to, and are
6		applied no more stringently than, the processes and
7		strategies used to design each nonquantitative
8		treatment limitation, as written, for medical and
9		surgical benefits;
10		(D) provide the comparative analyses, including
11		the results of the analyses, performed to determine
12		that the processes and strategies used to apply each
13		nonquantitative treatment limitation, in operation,
14		for mental, emotional, nervous, or substance use
15		disorder or condition benefits are comparable to, and
16		applied no more stringently than, the processes or
17		strategies used to apply each nonquantitative
18		treatment limitation, in operation, for medical and
19		surgical benefits; and
20		(E) disclose the specific findings and conclusions
21		reached by the insurer that the results of the
22		analyses described in subparagraphs (C) and (D)
23		indicate that the insurer is in compliance with this
24		Section and the Mental Health Parity and Addiction
25		Equity Act of 2008 and its implementing regulations,
26		which includes 42 CFR Parts 438, 440, and 457 and 45

HB5501 Engrossed - 1402 - LRB102 24698 AMC 33937 b
1		CFR 146.136 and any other related federal regulations
2		found in the Code of Federal Regulations.
3		(7) Any other information necessary to clarify data
4		provided in accordance with this Section requested by the
5		Director, including information that may be proprietary or
6		have commercial value, under the requirements of Section
7		30 of the Viatical Settlements Act of 2009.
8		(l) An insurer that amends, delivers, issues, or renews a
9		group or individual policy of accident and health insurance or
10		a qualified health plan offered through the health insurance
11		marketplace in this State providing coverage for hospital or
12		medical treatment and for the treatment of mental, emotional,
13		nervous, or substance use disorders or conditions on or after
14		January 1, 2019 (the effective date of Public Act 100-1024)
15		this amendatory Act of the 100th General Assembly shall, in
16		advance of the plan year, make available to the Department or,
17		with respect to medical assistance, the Department of
18		Healthcare and Family Services and to all plan participants
19		and beneficiaries the information required in subparagraphs
20		(C) through (E) of paragraph (6) of subsection (k). For plan
21		participants and medical assistance beneficiaries, the
22		information required in subparagraphs (C) through (E) of
23		paragraph (6) of subsection (k) shall be made available on a
24		publicly-available website whose web address is prominently
25		displayed in plan and managed care organization informational
26		and marketing materials.

HB5501 Engrossed - 1403 - LRB102 24698 AMC 33937 b
1		(m) In conjunction with its compliance examination program
2		conducted in accordance with the Illinois State Auditing Act,
3		the Auditor General shall undertake a review of compliance by
4		the Department and the Department of Healthcare and Family
5		Services with Section 370c and this Section. Any findings
6		resulting from the review conducted under this Section shall
7		be included in the applicable State agency's compliance
8		examination report. Each compliance examination report shall
9		be issued in accordance with Section 3-14 of the Illinois
10		State Auditing Act. A copy of each report shall also be
11		delivered to the head of the applicable State agency and
12		posted on the Auditor General's website.
13		(Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21;
14		revised 10-15-21.)
15		Section 430. The Network Adequacy and Transparency Act is
16		amended by changing Section 5 as follows:
17		(215 ILCS 124/5)
18		Sec. 5. Definitions. In this Act:
19		"Authorized representative" means a person to whom a
20		beneficiary has given express written consent to represent the
21		beneficiary; a person authorized by law to provide substituted
22		consent for a beneficiary; or the beneficiary's treating
23		provider only when the beneficiary or his or her family member
24		is unable to provide consent.

HB5501 Engrossed - 1404 - LRB102 24698 AMC 33937 b
1		"Beneficiary" means an individual, an enrollee, an
2		insured, a participant, or any other person entitled to
3		reimbursement for covered expenses of or the discounting of
4		provider fees for health care services under a program in
5		which the beneficiary has an incentive to utilize the services
6		of a provider that has entered into an agreement or
7		arrangement with an insurer.
8		"Department" means the Department of Insurance.
9		"Director" means the Director of Insurance.
10		"Family caregiver" means a relative, partner, friend, or
11		neighbor who has a significant relationship with the patient
12		and administers or assists the patient them with activities of
13		daily living, instrumental activities of daily living, or
14		other medical or nursing tasks for the quality and welfare of
15		that patient.
16		"Insurer" means any entity that offers individual or group
17		accident and health insurance, including, but not limited to,
18		health maintenance organizations, preferred provider
19		organizations, exclusive provider organizations, and other
20		plan structures requiring network participation, excluding the
21		medical assistance program under the Illinois Public Aid Code,
22		the State employees group health insurance program, workers
23		compensation insurance, and pharmacy benefit managers.
24		"Material change" means a significant reduction in the
25		number of providers available in a network plan, including,
26		but not limited to, a reduction of 10% or more in a specific

HB5501 Engrossed - 1405 - LRB102 24698 AMC 33937 b
1		type of providers, the removal of a major health system that
2		causes a network to be significantly different from the
3		network when the beneficiary purchased the network plan, or
4		any change that would cause the network to no longer satisfy
5		the requirements of this Act or the Department's rules for
6		network adequacy and transparency.
7		"Network" means the group or groups of preferred providers
8		providing services to a network plan.
9		"Network plan" means an individual or group policy of
10		accident and health insurance that either requires a covered
11		person to use or creates incentives, including financial
12		incentives, for a covered person to use providers managed,
13		owned, under contract with, or employed by the insurer.
14		"Ongoing course of treatment" means (1) treatment for a
15		life-threatening condition, which is a disease or condition
16		for which likelihood of death is probable unless the course of
17		the disease or condition is interrupted; (2) treatment for a
18		serious acute condition, defined as a disease or condition
19		requiring complex ongoing care that the covered person is
20		currently receiving, such as chemotherapy, radiation therapy,
21		or post-operative visits; (3) a course of treatment for a
22		health condition that a treating provider attests that
23		discontinuing care by that provider would worsen the condition
24		or interfere with anticipated outcomes; or (4) the third
25		trimester of pregnancy through the post-partum period.
26		"Preferred provider" means any provider who has entered,

HB5501 Engrossed - 1406 - LRB102 24698 AMC 33937 b
1		either directly or indirectly, into an agreement with an
2		employer or risk-bearing entity relating to health care
3		services that may be rendered to beneficiaries under a network
4		plan.
5		"Providers" means physicians licensed to practice medicine
6		in all its branches, other health care professionals,
7		hospitals, or other health care institutions that provide
8		health care services.
9		"Telehealth" has the meaning given to that term in Section
10		356z.22 of the Illinois Insurance Code.
11		"Telemedicine" has the meaning given to that term in
12		Section 49.5 of the Medical Practice Act of 1987.
13		"Tiered network" means a network that identifies and
14		groups some or all types of provider and facilities into
15		specific groups to which different provider reimbursement,
16		covered person cost-sharing or provider access requirements,
17		or any combination thereof, apply for the same services.
18		"Woman's principal health care provider" means a physician
19		licensed to practice medicine in all of its branches
20		specializing in obstetrics, gynecology, or family practice.
21		(Source: P.A. 102-92, eff. 7-9-21; revised 10-5-21.)
22		Section 435. The Health Maintenance Organization Act is
23		amended by changing Section 5-3 as follows:
24		(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

HB5501 Engrossed - 1407 - LRB102 24698 AMC 33937 b
1		Sec. 5-3. Insurance Code provisions.
2		(a) Health Maintenance Organizations shall be subject to
3		the provisions of Sections 133, 134, 136, 137, 139, 140,
4		141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
5		154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2,
6		355.3, 355b, 356g.5-1, 356m, 356q, 356v, 356w, 356x, 356y,
7		356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,
8		356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,
9		356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
10		356z.30, 356z.30a, 356z.32, 356z.33, 356z.35, 356z.36,
11		356z.40, 356z.41, 356z.43, 356z.46, 356z.47, 356z.48, 356z.50,
12		356z.51, 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
13		368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,
14		408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection
15		(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,
16		XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois
17		Insurance Code.
18		(b) For purposes of the Illinois Insurance Code, except
19		for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
20		Health Maintenance Organizations in the following categories
21		are deemed to be "domestic companies":
22		(1) a corporation authorized under the Dental Service
23		Plan Act or the Voluntary Health Services Plans Act;
24		(2) a corporation organized under the laws of this
25		State; or
26		(3) a corporation organized under the laws of another

HB5501 Engrossed - 1408 - LRB102 24698 AMC 33937 b
1		state, 30% or more of the enrollees of which are residents
2		of this State, except a corporation subject to
3		substantially the same requirements in its state of
4		organization as is a "domestic company" under Article VIII
5		1/2 of the Illinois Insurance Code.
6		(c) In considering the merger, consolidation, or other
7		acquisition of control of a Health Maintenance Organization
8		pursuant to Article VIII 1/2 of the Illinois Insurance Code,
9		(1) the Director shall give primary consideration to
10		the continuation of benefits to enrollees and the
11		financial conditions of the acquired Health Maintenance
12		Organization after the merger, consolidation, or other
13		acquisition of control takes effect;
14		(2)(i) the criteria specified in subsection (1)(b) of
15		Section 131.8 of the Illinois Insurance Code shall not
16		apply and (ii) the Director, in making his determination
17		with respect to the merger, consolidation, or other
18		acquisition of control, need not take into account the
19		effect on competition of the merger, consolidation, or
20		other acquisition of control;
21		(3) the Director shall have the power to require the
22		following information:
23		(A) certification by an independent actuary of the
24		adequacy of the reserves of the Health Maintenance
25		Organization sought to be acquired;
26		(B) pro forma financial statements reflecting the

HB5501 Engrossed - 1409 - LRB102 24698 AMC 33937 b
1		combined balance sheets of the acquiring company and
2		the Health Maintenance Organization sought to be
3		acquired as of the end of the preceding year and as of
4		a date 90 days prior to the acquisition, as well as pro
5		forma financial statements reflecting projected
6		combined operation for a period of 2 years;
7		(C) a pro forma business plan detailing an
8		acquiring party's plans with respect to the operation
9		of the Health Maintenance Organization sought to be
10		acquired for a period of not less than 3 years; and
11		(D) such other information as the Director shall
12		require.
13		(d) The provisions of Article VIII 1/2 of the Illinois
14		Insurance Code and this Section 5-3 shall apply to the sale by
15		any health maintenance organization of greater than 10% of its
16		enrollee population (including without limitation the health
17		maintenance organization's right, title, and interest in and
18		to its health care certificates).
19		(e) In considering any management contract or service
20		agreement subject to Section 141.1 of the Illinois Insurance
21		Code, the Director (i) shall, in addition to the criteria
22		specified in Section 141.2 of the Illinois Insurance Code,
23		take into account the effect of the management contract or
24		service agreement on the continuation of benefits to enrollees
25		and the financial condition of the health maintenance
26		organization to be managed or serviced, and (ii) need not take

HB5501 Engrossed - 1410 - LRB102 24698 AMC 33937 b
1		into account the effect of the management contract or service
2		agreement on competition.
3		(f) Except for small employer groups as defined in the
4		Small Employer Rating, Renewability and Portability Health
5		Insurance Act and except for medicare supplement policies as
6		defined in Section 363 of the Illinois Insurance Code, a
7		Health Maintenance Organization may by contract agree with a
8		group or other enrollment unit to effect refunds or charge
9		additional premiums under the following terms and conditions:
10		(i) the amount of, and other terms and conditions with
11		respect to, the refund or additional premium are set forth
12		in the group or enrollment unit contract agreed in advance
13		of the period for which a refund is to be paid or
14		additional premium is to be charged (which period shall
15		not be less than one year); and
16		(ii) the amount of the refund or additional premium
17		shall not exceed 20% of the Health Maintenance
18		Organization's profitable or unprofitable experience with
19		respect to the group or other enrollment unit for the
20		period (and, for purposes of a refund or additional
21		premium, the profitable or unprofitable experience shall
22		be calculated taking into account a pro rata share of the
23		Health Maintenance Organization's administrative and
24		marketing expenses, but shall not include any refund to be
25		made or additional premium to be paid pursuant to this
26		subsection (f)). The Health Maintenance Organization and

HB5501 Engrossed - 1411 - LRB102 24698 AMC 33937 b
1		the group or enrollment unit may agree that the profitable
2		or unprofitable experience may be calculated taking into
3		account the refund period and the immediately preceding 2
4		plan years.
5		The Health Maintenance Organization shall include a
6		statement in the evidence of coverage issued to each enrollee
7		describing the possibility of a refund or additional premium,
8		and upon request of any group or enrollment unit, provide to
9		the group or enrollment unit a description of the method used
10		to calculate (1) the Health Maintenance Organization's
11		profitable experience with respect to the group or enrollment
12		unit and the resulting refund to the group or enrollment unit
13		or (2) the Health Maintenance Organization's unprofitable
14		experience with respect to the group or enrollment unit and
15		the resulting additional premium to be paid by the group or
16		enrollment unit.
17		In no event shall the Illinois Health Maintenance
18		Organization Guaranty Association be liable to pay any
19		contractual obligation of an insolvent organization to pay any
20		refund authorized under this Section.
21		(g) Rulemaking authority to implement Public Act 95-1045,
22		if any, is conditioned on the rules being adopted in
23		accordance with all provisions of the Illinois Administrative
24		Procedure Act and all rules and procedures of the Joint
25		Committee on Administrative Rules; any purported rule not so
26		adopted, for whatever reason, is unauthorized.

HB5501 Engrossed - 1412 - LRB102 24698 AMC 33937 b
1		(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
2		101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff.
3		1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625,
4		eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
5		102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
6		1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
7		eff. 10-8-21; revised 10-27-21.)
8		Section 440. The Limited Health Service Organization Act
9		is amended by changing Section 4003 as follows:
10		(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
11		Sec. 4003. Illinois Insurance Code provisions. Limited
12		health service organizations shall be subject to the
13		provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
14		141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
15		154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3,
16		355b, 356q, 356v, 356z.10, 356z.21, 356z.22, 356z.25, 356z.26,
17		356z.29, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.46,
18		356z.47, 356z.51, 356z.43, 368a, 401, 401.1, 402, 403, 403A,
19		408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII
20		1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the
21		Illinois Insurance Code. For purposes of the Illinois
22		Insurance Code, except for Sections 444 and 444.1 and Articles
23		XIII and XIII 1/2, limited health service organizations in the
24		following categories are deemed to be domestic companies:

HB5501 Engrossed - 1413 - LRB102 24698 AMC 33937 b
1		(1) a corporation under the laws of this State; or
2		(2) a corporation organized under the laws of another
3		state, 30% or more of the enrollees of which are residents
4		of this State, except a corporation subject to
5		substantially the same requirements in its state of
6		organization as is a domestic company under Article VIII
7		1/2 of the Illinois Insurance Code.
8		(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
9		101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff.
10		1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642,
11		eff. 1-1-22; revised 10-27-21.)
12		Section 445. The Voluntary Health Services Plans Act is
13		amended by changing Section 10 as follows:
14		(215 ILCS 165/10) (from Ch. 32, par. 604)
15		Sec. 10. Application of Insurance Code provisions. Health
16		services plan corporations and all persons interested therein
17		or dealing therewith shall be subject to the provisions of
18		Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
19		143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
20		356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
21		356x, 356y, 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6,
22		356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
23		356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26,
24		356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, 356z.40,

HB5501 Engrossed - 1414 - LRB102 24698 AMC 33937 b
1		356z.41, 356z.46, 356z.47, 356z.51, 356z.43, 364.01, 367.2,
2		368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
3		paragraphs (7) and (15) of Section 367 of the Illinois
4		Insurance Code.
5		Rulemaking authority to implement Public Act 95-1045, if
6		any, is conditioned on the rules being adopted in accordance
7		with all provisions of the Illinois Administrative Procedure
8		Act and all rules and procedures of the Joint Committee on
9		Administrative Rules; any purported rule not so adopted, for
10		whatever reason, is unauthorized.
11		(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
12		101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff.
13		1-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306,
14		eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21;
15		revised 10-27-21.)
16		Section 450. The Public Utilities Act is amended by
17		changing Section 8-406 as follows:
18		(220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
19		Sec. 8-406. Certificate of public convenience and
20		necessity.
21		(a) No public utility not owning any city or village
22		franchise nor engaged in performing any public service or in
23		furnishing any product or commodity within this State as of
24		July 1, 1921 and not possessing a certificate of public

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1		convenience and necessity from the Illinois Commerce
2		Commission, the State Public Utilities Commission, or the
3		Public Utilities Commission, at the time Public Act 84-617
4		this amendatory Act of 1985 goes into effect (January 1,
5		1986), shall transact any business in this State until it
6		shall have obtained a certificate from the Commission that
7		public convenience and necessity require the transaction of
8		such business. A certificate of public convenience and
9		necessity requiring the transaction of public utility business
10		in any area of this State shall include authorization to the
11		public utility receiving the certificate of public convenience
12		and necessity to construct such plant, equipment, property, or
13		facility as is provided for under the terms and conditions of
14		its tariff and as is necessary to provide utility service and
15		carry out the transaction of public utility business by the
16		public utility in the designated area.
17		(b) No public utility shall begin the construction of any
18		new plant, equipment, property, or facility which is not in
19		substitution of any existing plant, equipment, property, or
20		facility, or any extension or alteration thereof or in
21		addition thereto, unless and until it shall have obtained from
22		the Commission a certificate that public convenience and
23		necessity require such construction. Whenever after a hearing
24		the Commission determines that any new construction or the
25		transaction of any business by a public utility will promote
26		the public convenience and is necessary thereto, it shall have

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1		the power to issue certificates of public convenience and
2		necessity. The Commission shall determine that proposed
3		construction will promote the public convenience and necessity
4		only if the utility demonstrates: (1) that the proposed
5		construction is necessary to provide adequate, reliable, and
6		efficient service to its customers and is the least-cost means
7		of satisfying the service needs of its customers or that the
8		proposed construction will promote the development of an
9		effectively competitive electricity market that operates
10		efficiently, is equitable to all customers, and is the least
11		cost means of satisfying those objectives; (2) that the
12		utility is capable of efficiently managing and supervising the
13		construction process and has taken sufficient action to ensure
14		adequate and efficient construction and supervision thereof;
15		and (3) that the utility is capable of financing the proposed
16		construction without significant adverse financial
17		consequences for the utility or its customers.
18		(b-5) As used in this subsection (b-5):
19		"Qualifying direct current applicant" means an entity that
20		seeks to provide direct current bulk transmission service for
21		the purpose of transporting electric energy in interstate
22		commerce.
23		"Qualifying direct current project" means a high voltage
24		direct current electric service line that crosses at least one
25		Illinois border, the Illinois portion of which is physically
26		located within the region of the Midcontinent Independent

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1		System Operator, Inc., or its successor organization, and runs
2		through the counties of Pike, Scott, Greene, Macoupin,
3		Montgomery, Christian, Shelby, Cumberland, and Clark, is
4		capable of transmitting electricity at voltages of 345
5		kilovolts 345kv or above, and may also include associated
6		interconnected alternating current interconnection facilities
7		in this State that are part of the proposed project and
8		reasonably necessary to connect the project with other
9		portions of the grid.
10		Notwithstanding any other provision of this Act, a
11		qualifying direct current applicant that does not own,
12		control, operate, or manage, within this State, any plant,
13		equipment, or property used or to be used for the transmission
14		of electricity at the time of its application or of the
15		Commission's order may file an application on or before
16		December 31, 2023 with the Commission pursuant to this Section
17		or Section 8-406.1 for, and the Commission may grant, a
18		certificate of public convenience and necessity to construct,
19		operate, and maintain a qualifying direct current project. The
20		qualifying direct current applicant may also include in the
21		application requests for authority under Section 8-503. The
22		Commission shall grant the application for a certificate of
23		public convenience and necessity and requests for authority
24		under Section 8-503 if it finds that the qualifying direct
25		current applicant and the proposed qualifying direct current
26		project satisfy the requirements of this subsection and

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1		otherwise satisfy the criteria of this Section or Section
2		8-406.1 and the criteria of Section 8-503, as applicable to
3		the application and to the extent such criteria are not
4		superseded by the provisions of this subsection. The
5		Commission's order on the application for the certificate of
6		public convenience and necessity shall also include the
7		Commission's findings and determinations on the request or
8		requests for authority pursuant to Section 8-503. Prior to
9		filing its application under either this Section or Section
10		8-406.1, the qualifying direct current applicant shall conduct
11		3 public meetings in accordance with subsection (h) of this
12		Section. If the qualifying direct current applicant
13		demonstrates in its application that the proposed qualifying
14		direct current project is designed to deliver electricity to a
15		point or points on the electric transmission grid in either or
16		both the PJM Interconnection, LLC or the Midcontinent
17		Independent System Operator, Inc., or their respective
18		successor organizations, the proposed qualifying direct
19		current project shall be deemed to be, and the Commission
20		shall find it to be, for public use. If the qualifying direct
21		current applicant further demonstrates in its application that
22		the proposed transmission project has a capacity of 1,000
23		megawatts or larger and a voltage level of 345 kilovolts or
24		greater, the proposed transmission project shall be deemed to
25		satisfy, and the Commission shall find that it satisfies, the
26		criteria stated in item (1) of subsection (b) of this Section

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1		or in paragraph (1) of subsection (f) of Section 8-406.1, as
2		applicable to the application, without the taking of
3		additional evidence on these criteria. Prior to the transfer
4		of functional control of any transmission assets to a regional
5		transmission organization, a qualifying direct current
6		applicant shall request Commission approval to join a regional
7		transmission organization in an application filed pursuant to
8		this subsection (b-5) or separately pursuant to Section 7-102
9		of this Act. The Commission may grant permission to a
10		qualifying direct current applicant to join a regional
11		transmission organization if it finds that the membership, and
12		associated transfer of functional control of transmission
13		assets, benefits Illinois customers in light of the attendant
14		costs and is otherwise in the public interest. Nothing in this
15		subsection (b-5) requires a qualifying direct current
16		applicant to join a regional transmission organization.
17		Nothing in this subsection (b-5) requires the owner or
18		operator of a high voltage direct current transmission line
19		that is not a qualifying direct current project to obtain a
20		certificate of public convenience and necessity to the extent
21		it is not otherwise required by this Section 8-406 or any other
22		provision of this Act.
23		(c) After September 11, 1987 (the effective date of Public
24		Act 85-377) this amendatory Act of 1987, no construction shall
25		commence on any new nuclear power plant to be located within
26		this State, and no certificate of public convenience and

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1		necessity or other authorization shall be issued therefor by
2		the Commission, until the Director of the Illinois
3		Environmental Protection Agency finds that the United States
4		Government, through its authorized agency, has identified and
5		approved a demonstrable technology or means for the disposal
6		of high level nuclear waste, or until such construction has
7		been specifically approved by a statute enacted by the General
8		Assembly.
9		As used in this Section, "high level nuclear waste" means
10		those aqueous wastes resulting from the operation of the first
11		cycle of the solvent extraction system or equivalent and the
12		concentrated wastes of the subsequent extraction cycles or
13		equivalent in a facility for reprocessing irradiated reactor
14		fuel and shall include spent fuel assemblies prior to fuel
15		reprocessing.
16		(d) In making its determination under subsection (b) of
17		this Section, the Commission shall attach primary weight to
18		the cost or cost savings to the customers of the utility. The
19		Commission may consider any or all factors which will or may
20		affect such cost or cost savings, including the public
21		utility's engineering judgment regarding the materials used
22		for construction.
23		(e) The Commission may issue a temporary certificate which
24		shall remain in force not to exceed one year in cases of
25		emergency, to assure maintenance of adequate service or to
26		serve particular customers, without notice or hearing, pending

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1		the determination of an application for a certificate, and may
2		by regulation exempt from the requirements of this Section
3		temporary acts or operations for which the issuance of a
4		certificate will not be required in the public interest.
5		A public utility shall not be required to obtain but may
6		apply for and obtain a certificate of public convenience and
7		necessity pursuant to this Section with respect to any matter
8		as to which it has received the authorization or order of the
9		Commission under the Electric Supplier Act, and any such
10		authorization or order granted a public utility by the
11		Commission under that Act shall as between public utilities be
12		deemed to be, and shall have except as provided in that Act the
13		same force and effect as, a certificate of public convenience
14		and necessity issued pursuant to this Section.
15		No electric cooperative shall be made or shall become a
16		party to or shall be entitled to be heard or to otherwise
17		appear or participate in any proceeding initiated under this
18		Section for authorization of power plant construction and as
19		to matters as to which a remedy is available under the Electric
20		Supplier Act.
21		(f) Such certificates may be altered or modified by the
22		Commission, upon its own motion or upon application by the
23		person or corporation affected. Unless exercised within a
24		period of 2 years from the grant thereof, authority conferred
25		by a certificate of convenience and necessity issued by the
26		Commission shall be null and void.

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1		No certificate of public convenience and necessity shall
2		be construed as granting a monopoly or an exclusive privilege,
3		immunity or franchise.
4		(g) A public utility that undertakes any of the actions
5		described in items (1) through (3) of this subsection (g) or
6		that has obtained approval pursuant to Section 8-406.1 of this
7		Act shall not be required to comply with the requirements of
8		this Section to the extent such requirements otherwise would
9		apply. For purposes of this Section and Section 8-406.1 of
10		this Act, "high voltage electric service line" means an
11		electric line having a design voltage of 100,000 or more. For
12		purposes of this subsection (g), a public utility may do any of
13		the following:
14		(1) replace or upgrade any existing high voltage
15		electric service line and related facilities,
16		notwithstanding its length;
17		(2) relocate any existing high voltage electric
18		service line and related facilities, notwithstanding its
19		length, to accommodate construction or expansion of a
20		roadway or other transportation infrastructure; or
21		(3) construct a high voltage electric service line and
22		related facilities that is constructed solely to serve a
23		single customer's premises or to provide a generator
24		interconnection to the public utility's transmission
25		system and that will pass under or over the premises owned
26		by the customer or generator to be served or under or over

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1		premises for which the customer or generator has secured
2		the necessary right of way.
3		(h) A public utility seeking to construct a high-voltage
4		electric service line and related facilities (Project) must
5		show that the utility has held a minimum of 2 pre-filing public
6		meetings to receive public comment concerning the Project in
7		each county where the Project is to be located, no earlier than
8		6 months prior to filing an application for a certificate of
9		public convenience and necessity from the Commission. Notice
10		of the public meeting shall be published in a newspaper of
11		general circulation within the affected county once a week for
12		3 consecutive weeks, beginning no earlier than one month prior
13		to the first public meeting. If the Project traverses 2
14		contiguous counties and where in one county the transmission
15		line mileage and number of landowners over whose property the
16		proposed route traverses is one-fifth or less of the
17		transmission line mileage and number of such landowners of the
18		other county, then the utility may combine the 2 pre-filing
19		meetings in the county with the greater transmission line
20		mileage and affected landowners. All other requirements
21		regarding pre-filing meetings shall apply in both counties.
22		Notice of the public meeting, including a description of the
23		Project, must be provided in writing to the clerk of each
24		county where the Project is to be located. A representative of
25		the Commission shall be invited to each pre-filing public
26		meeting.

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1		(i) For applications filed after August 18, 2015 (the
2		effective date of Public Act 99-399) this amendatory Act of
3		the 99th General Assembly, the Commission shall by registered
4		mail notify each owner of record of land, as identified in the
5		records of the relevant county tax assessor, included in the
6		right-of-way over which the utility seeks in its application
7		to construct a high-voltage electric line of the time and
8		place scheduled for the initial hearing on the public
9		utility's application. The utility shall reimburse the
10		Commission for the cost of the postage and supplies incurred
11		for mailing the notice.
12		(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
13		revised 10-21-21.)
14		Section 455. The Health Care Worker Background Check Act
15		is amended by changing Section 15 as follows:
16		(225 ILCS 46/15)
17		Sec. 15. Definitions. In this Act:
18		"Applicant" means an individual enrolling in a training
19		program, seeking employment, whether paid or on a volunteer
20		basis, with a health care employer who has received a bona fide
21		conditional offer of employment.
22		"Conditional offer of employment" means a bona fide offer
23		of employment by a health care employer to an applicant, which
24		is contingent upon the receipt of a report from the Department

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1		of Public Health indicating that the applicant does not have a
2		record of conviction of any of the criminal offenses
3		enumerated in Section 25.
4		"Department" means the Department of Public Health.
5		"Direct care" means the provision of nursing care or
6		assistance with feeding, dressing, movement, bathing,
7		toileting, or other personal needs, including home services as
8		defined in the Home Health, Home Services, and Home Nursing
9		Agency Licensing Act. The entity responsible for inspecting
10		and licensing, certifying, or registering the health care
11		employer may, by administrative rule, prescribe guidelines for
12		interpreting this definition with regard to the health care
13		employers that it licenses.
14		"Director" means the Director of Public Health.
15		"Disqualifying offenses" means those offenses set forth in
16		Section 25 of this Act.
17		"Employee" means any individual hired, employed, or
18		retained, whether paid or on a volunteer basis, to which this
19		Act applies.
20		"Finding" means the Department's determination of whether
21		an allegation is verified and substantiated.
22		"Fingerprint-based criminal history records check" means a
23		livescan fingerprint-based criminal history records check
24		submitted as a fee applicant inquiry in the form and manner
25		prescribed by the Illinois State Police.
26		"Health care employer" means:

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1		(1) the owner or licensee of any of the following:
2		(i) a community living facility, as defined in the
3		Community Living Facilities Licensing Act;
4		(ii) a life care facility, as defined in the Life
5		Care Facilities Act;
6		(iii) a long-term care facility;
7		(iv) a home health agency, home services agency,
8		or home nursing agency as defined in the Home Health,
9		Home Services, and Home Nursing Agency Licensing Act;
10		(v) a hospice care program or volunteer hospice
11		program, as defined in the Hospice Program Licensing
12		Act;
13		(vi) a hospital, as defined in the Hospital
14		Licensing Act;
15		(vii) (blank);
16		(viii) a nurse agency, as defined in the Nurse
17		Agency Licensing Act;
18		(ix) a respite care provider, as defined in the
19		Respite Program Act;
20		(ix-a) an establishment licensed under the
21		Assisted Living and Shared Housing Act;
22		(x) a supportive living program, as defined in the
23		Illinois Public Aid Code;
24		(xi) early childhood intervention programs as
25		described in 59 Ill. Adm. Code 121;
26		(xii) the University of Illinois Hospital,

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1		Chicago;
2		(xiii) programs funded by the Department on Aging
3		through the Community Care Program;
4		(xiv) programs certified to participate in the
5		Supportive Living Program authorized pursuant to
6		Section 5-5.01a of the Illinois Public Aid Code;
7		(xv) programs listed by the Emergency Medical
8		Services (EMS) Systems Act as Freestanding Emergency
9		Centers;
10		(xvi) locations licensed under the Alternative
11		Health Care Delivery Act;
12		(2) a day training program certified by the Department
13		of Human Services;
14		(3) a community integrated living arrangement operated
15		by a community mental health and developmental service
16		agency, as defined in the Community-Integrated Living
17		Arrangements Licensure Licensing and Certification Act;
18		(4) the State Long Term Care Ombudsman Program,
19		including any regional long term care ombudsman programs
20		under Section 4.04 of the Illinois Act on the Aging, only
21		for the purpose of securing background checks; or
22		(5) the Department of Corrections or a third-party
23		vendor employing certified nursing assistants working with
24		the Department of Corrections.
25		"Initiate" means obtaining from a student, applicant, or
26		employee his or her social security number, demographics, a

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1		disclosure statement, and an authorization for the Department
2		of Public Health or its designee to request a
3		fingerprint-based criminal history records check; transmitting
4		this information electronically to the Department of Public
5		Health; conducting Internet searches on certain web sites,
6		including without limitation the Illinois Sex Offender
7		Registry, the Department of Corrections' Sex Offender Search
8		Engine, the Department of Corrections' Inmate Search Engine,
9		the Department of Corrections Wanted Fugitives Search Engine,
10		the National Sex Offender Public Registry, and the List of
11		Excluded Individuals and Entities database on the website of
12		the Health and Human Services Office of Inspector General to
13		determine if the applicant has been adjudicated a sex
14		offender, has been a prison inmate, or has committed Medicare
15		or Medicaid fraud, or conducting similar searches as defined
16		by rule; and having the student, applicant, or employee's
17		fingerprints collected and transmitted electronically to the
18		Illinois State Police.
19		"Livescan vendor" means an entity whose equipment has been
20		certified by the Illinois State Police to collect an
21		individual's demographics and inkless fingerprints and, in a
22		manner prescribed by the Illinois State Police and the
23		Department of Public Health, electronically transmit the
24		fingerprints and required data to the Illinois State Police
25		and a daily file of required data to the Department of Public
26		Health. The Department of Public Health shall negotiate a

HB5501 Engrossed - 1429 - LRB102 24698 AMC 33937 b
1		contract with one or more vendors that effectively demonstrate
2		that the vendor has 2 or more years of experience transmitting
3		fingerprints electronically to the Illinois State Police and
4		that the vendor can successfully transmit the required data in
5		a manner prescribed by the Department of Public Health. Vendor
6		authorization may be further defined by administrative rule.
7		"Long-term care facility" means a facility licensed by the
8		State or certified under federal law as a long-term care
9		facility, including without limitation facilities licensed
10		under the Nursing Home Care Act, the Specialized Mental Health
11		Rehabilitation Act of 2013, the ID/DD Community Care Act, or
12		the MC/DD Act, a supportive living facility, an assisted
13		living establishment, or a shared housing establishment or
14		registered as a board and care home.
15		"Resident" means a person, individual, or patient under
16		the direct care of a health care employer or who has been
17		provided goods or services by a health care employer.
18		(Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21;
19		102-503, eff. 8-20-21; 102-538, eff. 8-20-21; revised
20		10-5-21.)
21		Section 460. The Massage Licensing Act is amended by
22		changing Section 15 as follows:
23		(225 ILCS 57/15)
24		(Section scheduled to be repealed on January 1, 2027)

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1		Sec. 15. Licensure requirements.
2		(a) Persons engaged in massage for compensation must be
3		licensed by the Department. The Department shall issue a
4		license to an individual who meets all of the following
5		requirements:
6		(1) The applicant has applied in writing on the
7		prescribed forms and has paid the required fees.
8		(2) The applicant is at least 18 years of age and of
9		good moral character. In determining good moral character,
10		the Department may take into consideration conviction of
11		any crime under the laws of the United States or any state
12		or territory thereof that is a felony or a misdemeanor or
13		any crime that is directly related to the practice of the
14		profession. Such a conviction shall not operate
15		automatically as a complete bar to a license, except in
16		the case of any conviction for prostitution, rape, or
17		sexual misconduct, or where the applicant is a registered
18		sex offender.
19		(3) The applicant has successfully completed a massage
20		therapy program approved by the Department that requires a
21		minimum of 500 hours, except applicants applying on or
22		after January 1, 2014 shall meet a minimum requirement of
23		600 hours, and has passed a competency examination
24		approved by the Department.
25		(b) Each applicant for licensure as a massage therapist
26		shall have his or her fingerprints submitted to the Illinois

HB5501 Engrossed - 1431 - LRB102 24698 AMC 33937 b
1		State Police in an electronic format that complies with the
2		form and manner for requesting and furnishing criminal history
3		record information as prescribed by the Illinois State Police.
4		These fingerprints shall be checked against the Illinois State
5		Police and Federal Bureau of Investigation criminal history
6		record databases now and hereafter filed. The Illinois State
7		Police shall charge applicants a fee for conducting the
8		criminal history records check, which shall be deposited into
9		the State Police Services Fund and shall not exceed the actual
10		cost of the records check. The Illinois State Police shall
11		furnish, pursuant to positive identification, records of
12		Illinois convictions to the Department. The Department may
13		require applicants to pay a separate fingerprinting fee,
14		either to the Department or to a vendor. The Department, in its
15		discretion, may allow an applicant who does not have
16		reasonable access to a designated vendor to provide his or her
17		fingerprints in an alternative manner. The Department may
18		adopt any rules necessary to implement this Section.
19		(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;
20		revised 10-5-21.)
21		Section 465. The Medical Practice Act of 1987 is amended
22		by changing Sections 7 and 22 as follows:
23		(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
24		(Section scheduled to be repealed on January 1, 2023)

HB5501 Engrossed - 1432 - LRB102 24698 AMC 33937 b
1		Sec. 7. Medical Disciplinary Board.
2		(A) There is hereby created the Illinois State Medical
3		Disciplinary Board. The Disciplinary Board shall consist of 11
4		members, to be appointed by the Governor by and with the advice
5		and consent of the Senate. All members shall be residents of
6		the State, not more than 6 of whom shall be members of the same
7		political party. All members shall be voting members. Five
8		members shall be physicians licensed to practice medicine in
9		all of its branches in Illinois possessing the degree of
10		doctor of medicine. One member shall be a physician licensed
11		to practice medicine in all its branches in Illinois
12		possessing the degree of doctor of osteopathy or osteopathic
13		medicine. One member shall be a chiropractic physician
14		licensed to practice in Illinois and possessing the degree of
15		doctor of chiropractic. Four members shall be members of the
16		public, who shall not be engaged in any way, directly or
17		indirectly, as providers of health care.
18		(B) Members of the Disciplinary Board shall be appointed
19		for terms of 4 years. Upon the expiration of the term of any
20		member, his or her successor shall be appointed for a term of 4
21		years by the Governor by and with the advice and consent of the
22		Senate. The Governor shall fill any vacancy for the remainder
23		of the unexpired term with the advice and consent of the
24		Senate. Upon recommendation of the Board, any member of the
25		Disciplinary Board may be removed by the Governor for
26		misfeasance, malfeasance, or willful neglect of duty, after

HB5501 Engrossed - 1433 - LRB102 24698 AMC 33937 b
1		notice, and a public hearing, unless such notice and hearing
2		shall be expressly waived in writing. Each member shall serve
3		on the Disciplinary Board until their successor is appointed
4		and qualified. No member of the Disciplinary Board shall serve
5		more than 2 consecutive 4 year terms.
6		In making appointments the Governor shall attempt to
7		insure that the various social and geographic regions of the
8		State of Illinois are properly represented.
9		In making the designation of persons to act for the
10		several professions represented on the Disciplinary Board, the
11		Governor shall give due consideration to recommendations by
12		members of the respective professions and by organizations
13		therein.
14		(C) The Disciplinary Board shall annually elect one of its
15		voting members as chairperson and one as vice chairperson. No
16		officer shall be elected more than twice in succession to the
17		same office. Each officer shall serve until their successor
18		has been elected and qualified.
19		(D) (Blank).
20		(E) Six voting members of the Disciplinary Board, at least
21		4 of whom are physicians, shall constitute a quorum. A vacancy
22		in the membership of the Disciplinary Board shall not impair
23		the right of a quorum to exercise all the rights and perform
24		all the duties of the Disciplinary Board. Any action taken by
25		the Disciplinary Board under this Act may be authorized by
26		resolution at any regular or special meeting and each such

HB5501 Engrossed - 1434 - LRB102 24698 AMC 33937 b
1		resolution shall take effect immediately. The Disciplinary
2		Board shall meet at least quarterly.
3		(F) Each member, and member-officer, of the Disciplinary
4		Board shall receive a per diem stipend as the Secretary shall
5		determine. Each member shall be paid their necessary expenses
6		while engaged in the performance of their duties.
7		(G) The Secretary shall select a Chief Medical Coordinator
8		and not less than 2 Deputy Medical Coordinators who shall not
9		be members of the Disciplinary Board. Each medical coordinator
10		shall be a physician licensed to practice medicine in all of
11		its branches, and the Secretary shall set their rates of
12		compensation. The Secretary shall assign at least one medical
13		coordinator to a region composed of Cook County and such other
14		counties as the Secretary may deem appropriate, and such
15		medical coordinator or coordinators shall locate their office
16		in Chicago. The Secretary shall assign at least one medical
17		coordinator to a region composed of the balance of counties in
18		the State, and such medical coordinator or coordinators shall
19		locate their office in Springfield. The Chief Medical
20		Coordinator shall be the chief enforcement officer of this
21		Act. None of the functions, powers, or duties of the
22		Department with respect to policies regarding enforcement or
23		discipline under this Act, including the adoption of such
24		rules as may be necessary for the administration of this Act,
25		shall be exercised by the Department except upon review of the
26		Disciplinary Board.

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1		The Secretary shall employ, in conformity with the
2		Personnel Code, investigators who are college graduates with
3		at least 2 years of investigative experience or one year of
4		advanced medical education. Upon the written request of the
5		Disciplinary Board, the Secretary shall employ, in conformity
6		with the Personnel Code, such other professional, technical,
7		investigative, and clerical help, either on a full or
8		part-time basis as the Disciplinary Board deems necessary for
9		the proper performance of its duties.
10		(H) Upon the specific request of the Disciplinary Board,
11		signed by either the chairperson, vice chairperson, or a
12		medical coordinator of the Disciplinary Board, the Department
13		of Human Services, the Department of Healthcare and Family
14		Services, the Illinois State Police, or any other law
15		enforcement agency located in this State shall make available
16		any and all information that they have in their possession
17		regarding a particular case then under investigation by the
18		Disciplinary Board.
19		(I) Members of the Disciplinary Board shall be immune from
20		suit in any action based upon any disciplinary proceedings or
21		other acts performed in good faith as members of the
22		Disciplinary Board.
23		(J) The Disciplinary Board may compile and establish a
24		statewide roster of physicians and other medical
25		professionals, including the several medical specialties, of
26		such physicians and medical professionals, who have agreed to

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1		serve from time to time as advisors to the medical
2		coordinators. Such advisors shall assist the medical
3		coordinators or the Disciplinary Board in their investigations
4		and participation in complaints against physicians. Such
5		advisors shall serve under contract and shall be reimbursed at
6		a reasonable rate for the services provided, plus reasonable
7		expenses incurred. While serving in this capacity, the
8		advisor, for any act undertaken in good faith and in the
9		conduct of his or her duties under this Section, shall be
10		immune from civil suit.
11		(K) This Section is inoperative when a majority of the
12		Medical Board is appointed. This Section is repealed January
13		1, 2023 (one year after the effective date of Public Act
14		102-20) this amendatory Act of the 102nd General Assembly.
15		(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;
16		revised 10-20-21.)
17		(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
18		(Section scheduled to be repealed on January 1, 2027)
19		Sec. 22. Disciplinary action.
20		(A) The Department may revoke, suspend, place on
21		probation, reprimand, refuse to issue or renew, or take any
22		other disciplinary or non-disciplinary action as the
23		Department may deem proper with regard to the license or
24		permit of any person issued under this Act, including imposing
25		fines not to exceed $10,000 for each violation, upon any of the

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1		following grounds:
2		(1) (Blank).
3		(2) (Blank).
4		(3) A plea of guilty or nolo contendere, finding of
5		guilt, jury verdict, or entry of judgment or sentencing,
6		including, but not limited to, convictions, preceding
7		sentences of supervision, conditional discharge, or first
8		offender probation, under the laws of any jurisdiction of
9		the United States of any crime that is a felony.
10		(4) Gross negligence in practice under this Act.
11		(5) Engaging in dishonorable, unethical, or
12		unprofessional conduct of a character likely to deceive,
13		defraud or harm the public.
14		(6) Obtaining any fee by fraud, deceit, or
15		misrepresentation.
16		(7) Habitual or excessive use or abuse of drugs
17		defined in law as controlled substances, of alcohol, or of
18		any other substances which results in the inability to
19		practice with reasonable judgment, skill, or safety.
20		(8) Practicing under a false or, except as provided by
21		law, an assumed name.
22		(9) Fraud or misrepresentation in applying for, or
23		procuring, a license under this Act or in connection with
24		applying for renewal of a license under this Act.
25		(10) Making a false or misleading statement regarding
26		their skill or the efficacy or value of the medicine,

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1		treatment, or remedy prescribed by them at their direction
2		in the treatment of any disease or other condition of the
3		body or mind.
4		(11) Allowing another person or organization to use
5		their license, procured under this Act, to practice.
6		(12) Adverse action taken by another state or
7		jurisdiction against a license or other authorization to
8		practice as a medical doctor, doctor of osteopathy, doctor
9		of osteopathic medicine or doctor of chiropractic, a
10		certified copy of the record of the action taken by the
11		other state or jurisdiction being prima facie evidence
12		thereof. This includes any adverse action taken by a State
13		or federal agency that prohibits a medical doctor, doctor
14		of osteopathy, doctor of osteopathic medicine, or doctor
15		of chiropractic from providing services to the agency's
16		participants.
17		(13) Violation of any provision of this Act or of the
18		Medical Practice Act prior to the repeal of that Act, or
19		violation of the rules, or a final administrative action
20		of the Secretary, after consideration of the
21		recommendation of the Medical Board.
22		(14) Violation of the prohibition against fee
23		splitting in Section 22.2 of this Act.
24		(15) A finding by the Medical Board that the
25		registrant after having his or her license placed on
26		probationary status or subjected to conditions or

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1		restrictions violated the terms of the probation or failed
2		to comply with such terms or conditions.
3		(16) Abandonment of a patient.
4		(17) Prescribing, selling, administering,
5		distributing, giving, or self-administering any drug
6		classified as a controlled substance (designated product)
7		or narcotic for other than medically accepted therapeutic
8		purposes.
9		(18) Promotion of the sale of drugs, devices,
10		appliances, or goods provided for a patient in such manner
11		as to exploit the patient for financial gain of the
12		physician.
13		(19) Offering, undertaking, or agreeing to cure or
14		treat disease by a secret method, procedure, treatment, or
15		medicine, or the treating, operating, or prescribing for
16		any human condition by a method, means, or procedure which
17		the licensee refuses to divulge upon demand of the
18		Department.
19		(20) Immoral conduct in the commission of any act
20		including, but not limited to, commission of an act of
21		sexual misconduct related to the licensee's practice.
22		(21) Willfully making or filing false records or
23		reports in his or her practice as a physician, including,
24		but not limited to, false records to support claims
25		against the medical assistance program of the Department
26		of Healthcare and Family Services (formerly Department of

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1		Public Aid) under the Illinois Public Aid Code.
2		(22) Willful omission to file or record, or willfully
3		impeding the filing or recording, or inducing another
4		person to omit to file or record, medical reports as
5		required by law, or willfully failing to report an
6		instance of suspected abuse or neglect as required by law.
7		(23) Being named as a perpetrator in an indicated
8		report by the Department of Children and Family Services
9		under the Abused and Neglected Child Reporting Act, and
10		upon proof by clear and convincing evidence that the
11		licensee has caused a child to be an abused child or
12		neglected child as defined in the Abused and Neglected
13		Child Reporting Act.
14		(24) Solicitation of professional patronage by any
15		corporation, agents or persons, or profiting from those
16		representing themselves to be agents of the licensee.
17		(25) Gross and willful and continued overcharging for
18		professional services, including filing false statements
19		for collection of fees for which services are not
20		rendered, including, but not limited to, filing such false
21		statements for collection of monies for services not
22		rendered from the medical assistance program of the
23		Department of Healthcare and Family Services (formerly
24		Department of Public Aid) under the Illinois Public Aid
25		Code.
26		(26) A pattern of practice or other behavior which

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1		demonstrates incapacity or incompetence to practice under
2		this Act.
3		(27) Mental illness or disability which results in the
4		inability to practice under this Act with reasonable
5		judgment, skill, or safety.
6		(28) Physical illness, including, but not limited to,
7		deterioration through the aging process, or loss of motor
8		skill which results in a physician's inability to practice
9		under this Act with reasonable judgment, skill, or safety.
10		(29) Cheating on or attempting attempt to subvert the
11		licensing examinations administered under this Act.
12		(30) Willfully or negligently violating the
13		confidentiality between physician and patient except as
14		required by law.
15		(31) The use of any false, fraudulent, or deceptive
16		statement in any document connected with practice under
17		this Act.
18		(32) Aiding and abetting an individual not licensed
19		under this Act in the practice of a profession licensed
20		under this Act.
21		(33) Violating state or federal laws or regulations
22		relating to controlled substances, legend drugs, or
23		ephedra as defined in the Ephedra Prohibition Act.
24		(34) Failure to report to the Department any adverse
25		final action taken against them by another licensing
26		jurisdiction (any other state or any territory of the

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1		United States or any foreign state or country), by any
2		peer review body, by any health care institution, by any
3		professional society or association related to practice
4		under this Act, by any governmental agency, by any law
5		enforcement agency, or by any court for acts or conduct
6		similar to acts or conduct which would constitute grounds
7		for action as defined in this Section.
8		(35) Failure to report to the Department surrender of
9		a license or authorization to practice as a medical
10		doctor, a doctor of osteopathy, a doctor of osteopathic
11		medicine, or doctor of chiropractic in another state or
12		jurisdiction, or surrender of membership on any medical
13		staff or in any medical or professional association or
14		society, while under disciplinary investigation by any of
15		those authorities or bodies, for acts or conduct similar
16		to acts or conduct which would constitute grounds for
17		action as defined in this Section.
18		(36) Failure to report to the Department any adverse
19		judgment, settlement, or award arising from a liability
20		claim related to acts or conduct similar to acts or
21		conduct which would constitute grounds for action as
22		defined in this Section.
23		(37) Failure to provide copies of medical records as
24		required by law.
25		(38) Failure to furnish the Department, its
26		investigators or representatives, relevant information,

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1		legally requested by the Department after consultation
2		with the Chief Medical Coordinator or the Deputy Medical
3		Coordinator.
4		(39) Violating the Health Care Worker Self-Referral
5		Act.
6		(40) Willful failure to provide notice when notice is
7		required under the Parental Notice of Abortion Act of
8		1995.
9		(41) Failure to establish and maintain records of
10		patient care and treatment as required by this law.
11		(42) Entering into an excessive number of written
12		collaborative agreements with licensed advanced practice
13		registered nurses resulting in an inability to adequately
14		collaborate.
15		(43) Repeated failure to adequately collaborate with a
16		licensed advanced practice registered nurse.
17		(44) Violating the Compassionate Use of Medical
18		Cannabis Program Act.
19		(45) Entering into an excessive number of written
20		collaborative agreements with licensed prescribing
21		psychologists resulting in an inability to adequately
22		collaborate.
23		(46) Repeated failure to adequately collaborate with a
24		licensed prescribing psychologist.
25		(47) Willfully failing to report an instance of
26		suspected abuse, neglect, financial exploitation, or

HB5501 Engrossed - 1444 - LRB102 24698 AMC 33937 b
1		self-neglect of an eligible adult as defined in and
2		required by the Adult Protective Services Act.
3		(48) Being named as an abuser in a verified report by
4		the Department on Aging under the Adult Protective
5		Services Act, and upon proof by clear and convincing
6		evidence that the licensee abused, neglected, or
7		financially exploited an eligible adult as defined in the
8		Adult Protective Services Act.
9		(49) Entering into an excessive number of written
10		collaborative agreements with licensed physician
11		assistants resulting in an inability to adequately
12		collaborate.
13		(50) Repeated failure to adequately collaborate with a
14		physician assistant.
15		Except for actions involving the ground numbered (26), all
16		proceedings to suspend, revoke, place on probationary status,
17		or take any other disciplinary action as the Department may
18		deem proper, with regard to a license on any of the foregoing
19		grounds, must be commenced within 5 years next after receipt
20		by the Department of a complaint alleging the commission of or
21		notice of the conviction order for any of the acts described
22		herein. Except for the grounds numbered (8), (9), (26), and
23		(29), no action shall be commenced more than 10 years after the
24		date of the incident or act alleged to have violated this
25		Section. For actions involving the ground numbered (26), a
26		pattern of practice or other behavior includes all incidents

HB5501 Engrossed - 1445 - LRB102 24698 AMC 33937 b
1		alleged to be part of the pattern of practice or other behavior
2		that occurred, or a report pursuant to Section 23 of this Act
3		received, within the 10-year period preceding the filing of
4		the complaint. In the event of the settlement of any claim or
5		cause of action in favor of the claimant or the reduction to
6		final judgment of any civil action in favor of the plaintiff,
7		such claim, cause of action, or civil action being grounded on
8		the allegation that a person licensed under this Act was
9		negligent in providing care, the Department shall have an
10		additional period of 2 years from the date of notification to
11		the Department under Section 23 of this Act of such settlement
12		or final judgment in which to investigate and commence formal
13		disciplinary proceedings under Section 36 of this Act, except
14		as otherwise provided by law. The time during which the holder
15		of the license was outside the State of Illinois shall not be
16		included within any period of time limiting the commencement
17		of disciplinary action by the Department.
18		The entry of an order or judgment by any circuit court
19		establishing that any person holding a license under this Act
20		is a person in need of mental treatment operates as a
21		suspension of that license. That person may resume his or her
22		practice only upon the entry of a Departmental order based
23		upon a finding by the Medical Board that the person has been
24		determined to be recovered from mental illness by the court
25		and upon the Medical Board's recommendation that the person be
26		permitted to resume his or her practice.

HB5501 Engrossed - 1446 - LRB102 24698 AMC 33937 b
1		The Department may refuse to issue or take disciplinary
2		action concerning the license of any person who fails to file a
3		return, or to pay the tax, penalty, or interest shown in a
4		filed return, or to pay any final assessment of tax, penalty,
5		or interest, as required by any tax Act administered by the
6		Illinois Department of Revenue, until such time as the
7		requirements of any such tax Act are satisfied as determined
8		by the Illinois Department of Revenue.
9		The Department, upon the recommendation of the Medical
10		Board, shall adopt rules which set forth standards to be used
11		in determining:
12		(a) when a person will be deemed sufficiently
13		rehabilitated to warrant the public trust;
14		(b) what constitutes dishonorable, unethical, or
15		unprofessional conduct of a character likely to deceive,
16		defraud, or harm the public;
17		(c) what constitutes immoral conduct in the commission
18		of any act, including, but not limited to, commission of
19		an act of sexual misconduct related to the licensee's
20		practice; and
21		(d) what constitutes gross negligence in the practice
22		of medicine.
23		However, no such rule shall be admissible into evidence in
24		any civil action except for review of a licensing or other
25		disciplinary action under this Act.
26		In enforcing this Section, the Medical Board, upon a

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1		showing of a possible violation, may compel any individual who
2		is licensed to practice under this Act or holds a permit to
3		practice under this Act, or any individual who has applied for
4		licensure or a permit pursuant to this Act, to submit to a
5		mental or physical examination and evaluation, or both, which
6		may include a substance abuse or sexual offender evaluation,
7		as required by the Medical Board and at the expense of the
8		Department. The Medical Board shall specifically designate the
9		examining physician licensed to practice medicine in all of
10		its branches or, if applicable, the multidisciplinary team
11		involved in providing the mental or physical examination and
12		evaluation, or both. The multidisciplinary team shall be led
13		by a physician licensed to practice medicine in all of its
14		branches and may consist of one or more or a combination of
15		physicians licensed to practice medicine in all of its
16		branches, licensed chiropractic physicians, licensed clinical
17		psychologists, licensed clinical social workers, licensed
18		clinical professional counselors, and other professional and
19		administrative staff. Any examining physician or member of the
20		multidisciplinary team may require any person ordered to
21		submit to an examination and evaluation pursuant to this
22		Section to submit to any additional supplemental testing
23		deemed necessary to complete any examination or evaluation
24		process, including, but not limited to, blood testing,
25		urinalysis, psychological testing, or neuropsychological
26		testing. The Medical Board or the Department may order the

HB5501 Engrossed - 1448 - LRB102 24698 AMC 33937 b
1		examining physician or any member of the multidisciplinary
2		team to provide to the Department or the Medical Board any and
3		all records, including business records, that relate to the
4		examination and evaluation, including any supplemental testing
5		performed. The Medical Board or the Department may order the
6		examining physician or any member of the multidisciplinary
7		team to present testimony concerning this examination and
8		evaluation of the licensee, permit holder, or applicant,
9		including testimony concerning any supplemental testing or
10		documents relating to the examination and evaluation. No
11		information, report, record, or other documents in any way
12		related to the examination and evaluation shall be excluded by
13		reason of any common law or statutory privilege relating to
14		communication between the licensee, permit holder, or
15		applicant and the examining physician or any member of the
16		multidisciplinary team. No authorization is necessary from the
17		licensee, permit holder, or applicant ordered to undergo an
18		evaluation and examination for the examining physician or any
19		member of the multidisciplinary team to provide information,
20		reports, records, or other documents or to provide any
21		testimony regarding the examination and evaluation. The
22		individual to be examined may have, at his or her own expense,
23		another physician of his or her choice present during all
24		aspects of the examination. Failure of any individual to
25		submit to mental or physical examination and evaluation, or
26		both, when directed, shall result in an automatic suspension,

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1		without hearing, until such time as the individual submits to
2		the examination. If the Medical Board finds a physician unable
3		to practice following an examination and evaluation because of
4		the reasons set forth in this Section, the Medical Board shall
5		require such physician to submit to care, counseling, or
6		treatment by physicians, or other health care professionals,
7		approved or designated by the Medical Board, as a condition
8		for issued, continued, reinstated, or renewed licensure to
9		practice. Any physician, whose license was granted pursuant to
10		Sections 9, 17, or 19 of this Act, or, continued, reinstated,
11		renewed, disciplined or supervised, subject to such terms,
12		conditions, or restrictions who shall fail to comply with such
13		terms, conditions, or restrictions, or to complete a required
14		program of care, counseling, or treatment, as determined by
15		the Chief Medical Coordinator or Deputy Medical Coordinators,
16		shall be referred to the Secretary for a determination as to
17		whether the licensee shall have his or her license suspended
18		immediately, pending a hearing by the Medical Board. In
19		instances in which the Secretary immediately suspends a
20		license under this Section, a hearing upon such person's
21		license must be convened by the Medical Board within 15 days
22		after such suspension and completed without appreciable delay.
23		The Medical Board shall have the authority to review the
24		subject physician's record of treatment and counseling
25		regarding the impairment, to the extent permitted by
26		applicable federal statutes and regulations safeguarding the

HB5501 Engrossed - 1450 - LRB102 24698 AMC 33937 b
1		confidentiality of medical records.
2		An individual licensed under this Act, affected under this
3		Section, shall be afforded an opportunity to demonstrate to
4		the Medical Board that he or she can resume practice in
5		compliance with acceptable and prevailing standards under the
6		provisions of his or her license.
7		The Department may promulgate rules for the imposition of
8		fines in disciplinary cases, not to exceed $10,000 for each
9		violation of this Act. Fines may be imposed in conjunction
10		with other forms of disciplinary action, but shall not be the
11		exclusive disposition of any disciplinary action arising out
12		of conduct resulting in death or injury to a patient. Any funds
13		collected from such fines shall be deposited in the Illinois
14		State Medical Disciplinary Fund.
15		All fines imposed under this Section shall be paid within
16		60 days after the effective date of the order imposing the fine
17		or in accordance with the terms set forth in the order imposing
18		the fine.
19		(B) The Department shall revoke the license or permit
20		issued under this Act to practice medicine or a chiropractic
21		physician who has been convicted a second time of committing
22		any felony under the Illinois Controlled Substances Act or the
23		Methamphetamine Control and Community Protection Act, or who
24		has been convicted a second time of committing a Class 1 felony
25		under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
26		person whose license or permit is revoked under this

HB5501 Engrossed - 1451 - LRB102 24698 AMC 33937 b
1		subsection B shall be prohibited from practicing medicine or
2		treating human ailments without the use of drugs and without
3		operative surgery.
4		(C) The Department shall not revoke, suspend, place on
5		probation, reprimand, refuse to issue or renew, or take any
6		other disciplinary or non-disciplinary action against the
7		license or permit issued under this Act to practice medicine
8		to a physician:
9		(1) based solely upon the recommendation of the
10		physician to an eligible patient regarding, or
11		prescription for, or treatment with, an investigational
12		drug, biological product, or device; or
13		(2) for experimental treatment for Lyme disease or
14		other tick-borne diseases, including, but not limited to,
15		the prescription of or treatment with long-term
16		antibiotics.
17		(D) The Medical Board shall recommend to the Department
18		civil penalties and any other appropriate discipline in
19		disciplinary cases when the Medical Board finds that a
20		physician willfully performed an abortion with actual
21		knowledge that the person upon whom the abortion has been
22		performed is a minor or an incompetent person without notice
23		as required under the Parental Notice of Abortion Act of 1995.
24		Upon the Medical Board's recommendation, the Department shall
25		impose, for the first violation, a civil penalty of $1,000 and
26		for a second or subsequent violation, a civil penalty of

HB5501 Engrossed - 1452 - LRB102 24698 AMC 33937 b
1		$5,000.
2		(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
3		101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
4		8-20-21; revised 12-2-21.)
5		Section 470. The Pharmacy Practice Act is amended by
6		changing Sections 3 and 4 and by setting forth and renumbering
7		multiple versions of Section 43 as follows:
8		(225 ILCS 85/3)
9		(Section scheduled to be repealed on January 1, 2023)
10		Sec. 3. Definitions. For the purpose of this Act, except
11		where otherwise limited therein:
12		(a) "Pharmacy" or "drugstore" means and includes every
13		store, shop, pharmacy department, or other place where
14		pharmacist care is provided by a pharmacist (1) where drugs,
15		medicines, or poisons are dispensed, sold or offered for sale
16		at retail, or displayed for sale at retail; or (2) where
17		prescriptions of physicians, dentists, advanced practice
18		registered nurses, physician assistants, veterinarians,
19		podiatric physicians, or optometrists, within the limits of
20		their licenses, are compounded, filled, or dispensed; or (3)
21		which has upon it or displayed within it, or affixed to or used
22		in connection with it, a sign bearing the word or words
23		"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
24		"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",

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1		"Drugs", "Dispensary", "Medicines", or any word or words of
2		similar or like import, either in the English language or any
3		other language; or (4) where the characteristic prescription
4		sign (Rx) or similar design is exhibited; or (5) any store, or
5		shop, or other place with respect to which any of the above
6		words, objects, signs or designs are used in any
7		advertisement.
8		(b) "Drugs" means and includes (1) articles recognized in
9		the official United States Pharmacopoeia/National Formulary
10		(USP/NF), or any supplement thereto and being intended for and
11		having for their main use the diagnosis, cure, mitigation,
12		treatment or prevention of disease in man or other animals, as
13		approved by the United States Food and Drug Administration,
14		but does not include devices or their components, parts, or
15		accessories; and (2) all other articles intended for and
16		having for their main use the diagnosis, cure, mitigation,
17		treatment or prevention of disease in man or other animals, as
18		approved by the United States Food and Drug Administration,
19		but does not include devices or their components, parts, or
20		accessories; and (3) articles (other than food) having for
21		their main use and intended to affect the structure or any
22		function of the body of man or other animals; and (4) articles
23		having for their main use and intended for use as a component
24		or any articles specified in clause (1), (2) or (3); but does
25		not include devices or their components, parts or accessories.
26		(c) "Medicines" means and includes all drugs intended for

HB5501 Engrossed - 1454 - LRB102 24698 AMC 33937 b
1		human or veterinary use approved by the United States Food and
2		Drug Administration.
3		(d) "Practice of pharmacy" means:
4		(1) the interpretation and the provision of assistance
5		in the monitoring, evaluation, and implementation of
6		prescription drug orders;
7		(2) the dispensing of prescription drug orders;
8		(3) participation in drug and device selection;
9		(4) drug administration limited to the administration
10		of oral, topical, injectable, and inhalation as follows:
11		(A) in the context of patient education on the
12		proper use or delivery of medications;
13		(B) vaccination of patients 7 years of age and
14		older pursuant to a valid prescription or standing
15		order, by a physician licensed to practice medicine in
16		all its branches, upon completion of appropriate
17		training, including how to address contraindications
18		and adverse reactions set forth by rule, with
19		notification to the patient's physician and
20		appropriate record retention, or pursuant to hospital
21		pharmacy and therapeutics committee policies and
22		procedures. Eligible vaccines are those listed on the
23		U.S. Centers for Disease Control and Prevention (CDC)
24		Recommended Immunization Schedule, the CDC's Health
25		Information for International Travel, or the U.S. Food
26		and Drug Administration's Vaccines Licensed and

HB5501 Engrossed - 1455 - LRB102 24698 AMC 33937 b
1		Authorized for Use in the United States. As applicable
2		to the State's Medicaid program and other payers,
3		vaccines ordered and administered in accordance with
4		this subsection shall be covered and reimbursed at no
5		less than the rate that the vaccine is reimbursed when
6		ordered and administered by a physician;
7		(B-5) following the initial administration of
8		long-acting or extended-release form opioid
9		antagonists by a physician licensed to practice
10		medicine in all its branches, administration of
11		injections of long-acting or extended-release form
12		opioid antagonists for the treatment of substance use
13		disorder, pursuant to a valid prescription by a
14		physician licensed to practice medicine in all its
15		branches, upon completion of appropriate training,
16		including how to address contraindications and adverse
17		reactions, including, but not limited to, respiratory
18		depression and the performance of cardiopulmonary
19		resuscitation, set forth by rule, with notification to
20		the patient's physician and appropriate record
21		retention, or pursuant to hospital pharmacy and
22		therapeutics committee policies and procedures;
23		(C) administration of injections of
24		alpha-hydroxyprogesterone caproate, pursuant to a
25		valid prescription, by a physician licensed to
26		practice medicine in all its branches, upon completion

HB5501 Engrossed - 1456 - LRB102 24698 AMC 33937 b
1		of appropriate training, including how to address
2		contraindications and adverse reactions set forth by
3		rule, with notification to the patient's physician and
4		appropriate record retention, or pursuant to hospital
5		pharmacy and therapeutics committee policies and
6		procedures; and
7		(D) administration of injections of long-term
8		antipsychotic medications pursuant to a valid
9		prescription by a physician licensed to practice
10		medicine in all its branches, upon completion of
11		appropriate training conducted by an Accreditation
12		Council of Pharmaceutical Education accredited
13		provider, including how to address contraindications
14		and adverse reactions set forth by rule, with
15		notification to the patient's physician and
16		appropriate record retention, or pursuant to hospital
17		pharmacy and therapeutics committee policies and
18		procedures.
19		(5) (blank);
20		(6) drug regimen review;
21		(7) drug or drug-related research;
22		(8) the provision of patient counseling;
23		(9) the practice of telepharmacy;
24		(10) the provision of those acts or services necessary
25		to provide pharmacist care;
26		(11) medication therapy management;

HB5501 Engrossed - 1457 - LRB102 24698 AMC 33937 b
1		(12) the responsibility for compounding and labeling
2		of drugs and devices (except labeling by a manufacturer,
3		repackager, or distributor of non-prescription drugs and
4		commercially packaged legend drugs and devices), proper
5		and safe storage of drugs and devices, and maintenance of
6		required records; and
7		(13) the assessment and consultation of patients and
8		dispensing of hormonal contraceptives.
9		A pharmacist who performs any of the acts defined as the
10		practice of pharmacy in this State must be actively licensed
11		as a pharmacist under this Act.
12		(e) "Prescription" means and includes any written, oral,
13		facsimile, or electronically transmitted order for drugs or
14		medical devices, issued by a physician licensed to practice
15		medicine in all its branches, dentist, veterinarian, podiatric
16		physician, or optometrist, within the limits of his or her
17		license, by a physician assistant in accordance with
18		subsection (f) of Section 4, or by an advanced practice
19		registered nurse in accordance with subsection (g) of Section
20		4, containing the following: (1) name of the patient; (2) date
21		when prescription was issued; (3) name and strength of drug or
22		description of the medical device prescribed; and (4)
23		quantity; (5) directions for use; (6) prescriber's name,
24		address, and signature; and (7) DEA registration number where
25		required, for controlled substances. The prescription may, but
26		is not required to, list the illness, disease, or condition

HB5501 Engrossed - 1458 - LRB102 24698 AMC 33937 b
1		for which the drug or device is being prescribed. DEA
2		registration numbers shall not be required on inpatient drug
3		orders. A prescription for medication other than controlled
4		substances shall be valid for up to 15 months from the date
5		issued for the purpose of refills, unless the prescription
6		states otherwise.
7		(f) "Person" means and includes a natural person,
8		partnership, association, corporation, government entity, or
9		any other legal entity.
10		(g) "Department" means the Department of Financial and
11		Professional Regulation.
12		(h) "Board of Pharmacy" or "Board" means the State Board
13		of Pharmacy of the Department of Financial and Professional
14		Regulation.
15		(i) "Secretary" means the Secretary of Financial and
16		Professional Regulation.
17		(j) "Drug product selection" means the interchange for a
18		prescribed pharmaceutical product in accordance with Section
19		25 of this Act and Section 3.14 of the Illinois Food, Drug and
20		Cosmetic Act.
21		(k) "Inpatient drug order" means an order issued by an
22		authorized prescriber for a resident or patient of a facility
23		licensed under the Nursing Home Care Act, the ID/DD Community
24		Care Act, the MC/DD Act, the Specialized Mental Health
25		Rehabilitation Act of 2013, the Hospital Licensing Act, or the
26		University of Illinois Hospital Act, or a facility which is

HB5501 Engrossed - 1459 - LRB102 24698 AMC 33937 b
1		operated by the Department of Human Services (as successor to
2		the Department of Mental Health and Developmental
3		Disabilities) or the Department of Corrections.
4		(k-5) "Pharmacist" means an individual health care
5		professional and provider currently licensed by this State to
6		engage in the practice of pharmacy.
7		(l) "Pharmacist in charge" means the licensed pharmacist
8		whose name appears on a pharmacy license and who is
9		responsible for all aspects of the operation related to the
10		practice of pharmacy.
11		(m) "Dispense" or "dispensing" means the interpretation,
12		evaluation, and implementation of a prescription drug order,
13		including the preparation and delivery of a drug or device to a
14		patient or patient's agent in a suitable container
15		appropriately labeled for subsequent administration to or use
16		by a patient in accordance with applicable State and federal
17		laws and regulations. "Dispense" or "dispensing" does not mean
18		the physical delivery to a patient or a patient's
19		representative in a home or institution by a designee of a
20		pharmacist or by common carrier. "Dispense" or "dispensing"
21		also does not mean the physical delivery of a drug or medical
22		device to a patient or patient's representative by a
23		pharmacist's designee within a pharmacy or drugstore while the
24		pharmacist is on duty and the pharmacy is open.
25		(n) "Nonresident pharmacy" means a pharmacy that is
26		located in a state, commonwealth, or territory of the United

HB5501 Engrossed - 1460 - LRB102 24698 AMC 33937 b
1		States, other than Illinois, that delivers, dispenses, or
2		distributes, through the United States Postal Service,
3		commercially acceptable parcel delivery service, or other
4		common carrier, to Illinois residents, any substance which
5		requires a prescription.
6		(o) "Compounding" means the preparation and mixing of
7		components, excluding flavorings, (1) as the result of a
8		prescriber's prescription drug order or initiative based on
9		the prescriber-patient-pharmacist relationship in the course
10		of professional practice or (2) for the purpose of, or
11		incident to, research, teaching, or chemical analysis and not
12		for sale or dispensing. "Compounding" includes the preparation
13		of drugs or devices in anticipation of receiving prescription
14		drug orders based on routine, regularly observed dispensing
15		patterns. Commercially available products may be compounded
16		for dispensing to individual patients only if all of the
17		following conditions are met: (i) the commercial product is
18		not reasonably available from normal distribution channels in
19		a timely manner to meet the patient's needs and (ii) the
20		prescribing practitioner has requested that the drug be
21		compounded.
22		(p) (Blank).
23		(q) (Blank).
24		(r) "Patient counseling" means the communication between a
25		pharmacist or a student pharmacist under the supervision of a
26		pharmacist and a patient or the patient's representative about

HB5501 Engrossed - 1461 - LRB102 24698 AMC 33937 b
1		the patient's medication or device for the purpose of
2		optimizing proper use of prescription medications or devices.
3		"Patient counseling" may include without limitation (1)
4		obtaining a medication history; (2) acquiring a patient's
5		allergies and health conditions; (3) facilitation of the
6		patient's understanding of the intended use of the medication;
7		(4) proper directions for use; (5) significant potential
8		adverse events; (6) potential food-drug interactions; and (7)
9		the need to be compliant with the medication therapy. A
10		pharmacy technician may only participate in the following
11		aspects of patient counseling under the supervision of a
12		pharmacist: (1) obtaining medication history; (2) providing
13		the offer for counseling by a pharmacist or student
14		pharmacist; and (3) acquiring a patient's allergies and health
15		conditions.
16		(s) "Patient profiles" or "patient drug therapy record"
17		means the obtaining, recording, and maintenance of patient
18		prescription information, including prescriptions for
19		controlled substances, and personal information.
20		(t) (Blank).
21		(u) "Medical device" or "device" means an instrument,
22		apparatus, implement, machine, contrivance, implant, in vitro
23		reagent, or other similar or related article, including any
24		component part or accessory, required under federal law to
25		bear the label "Caution: Federal law requires dispensing by or
26		on the order of a physician". A seller of goods and services

HB5501 Engrossed - 1462 - LRB102 24698 AMC 33937 b
1		who, only for the purpose of retail sales, compounds, sells,
2		rents, or leases medical devices shall not, by reasons
3		thereof, be required to be a licensed pharmacy.
4		(v) "Unique identifier" means an electronic signature,
5		handwritten signature or initials, thumb print, or other
6		acceptable biometric or electronic identification process as
7		approved by the Department.
8		(w) "Current usual and customary retail price" means the
9		price that a pharmacy charges to a non-third-party payor.
10		(x) "Automated pharmacy system" means a mechanical system
11		located within the confines of the pharmacy or remote location
12		that performs operations or activities, other than compounding
13		or administration, relative to storage, packaging, dispensing,
14		or distribution of medication, and which collects, controls,
15		and maintains all transaction information.
16		(y) "Drug regimen review" means and includes the
17		evaluation of prescription drug orders and patient records for
18		(1) known allergies; (2) drug or potential therapy
19		contraindications; (3) reasonable dose, duration of use, and
20		route of administration, taking into consideration factors
21		such as age, gender, and contraindications; (4) reasonable
22		directions for use; (5) potential or actual adverse drug
23		reactions; (6) drug-drug interactions; (7) drug-food
24		interactions; (8) drug-disease contraindications; (9)
25		therapeutic duplication; (10) patient laboratory values when
26		authorized and available; (11) proper utilization (including

HB5501 Engrossed - 1463 - LRB102 24698 AMC 33937 b
1		over or under utilization) and optimum therapeutic outcomes;
2		and (12) abuse and misuse.
3		(z) "Electronically transmitted prescription" means a
4		prescription that is created, recorded, or stored by
5		electronic means; issued and validated with an electronic
6		signature; and transmitted by electronic means directly from
7		the prescriber to a pharmacy. An electronic prescription is
8		not an image of a physical prescription that is transferred by
9		electronic means from computer to computer, facsimile to
10		facsimile, or facsimile to computer.
11		(aa) "Medication therapy management services" means a
12		distinct service or group of services offered by licensed
13		pharmacists, physicians licensed to practice medicine in all
14		its branches, advanced practice registered nurses authorized
15		in a written agreement with a physician licensed to practice
16		medicine in all its branches, or physician assistants
17		authorized in guidelines by a supervising physician that
18		optimize therapeutic outcomes for individual patients through
19		improved medication use. In a retail or other non-hospital
20		pharmacy, medication therapy management services shall consist
21		of the evaluation of prescription drug orders and patient
22		medication records to resolve conflicts with the following:
23		(1) known allergies;
24		(2) drug or potential therapy contraindications;
25		(3) reasonable dose, duration of use, and route of
26		administration, taking into consideration factors such as

HB5501 Engrossed - 1464 - LRB102 24698 AMC 33937 b
1		age, gender, and contraindications;
2		(4) reasonable directions for use;
3		(5) potential or actual adverse drug reactions;
4		(6) drug-drug interactions;
5		(7) drug-food interactions;
6		(8) drug-disease contraindications;
7		(9) identification of therapeutic duplication;
8		(10) patient laboratory values when authorized and
9		available;
10		(11) proper utilization (including over or under
11		utilization) and optimum therapeutic outcomes; and
12		(12) drug abuse and misuse.
13		"Medication therapy management services" includes the
14		following:
15		(1) documenting the services delivered and
16		communicating the information provided to patients'
17		prescribers within an appropriate time frame, not to
18		exceed 48 hours;
19		(2) providing patient counseling designed to enhance a
20		patient's understanding and the appropriate use of his or
21		her medications; and
22		(3) providing information, support services, and
23		resources designed to enhance a patient's adherence with
24		his or her prescribed therapeutic regimens.
25		"Medication therapy management services" may also include
26		patient care functions authorized by a physician licensed to

HB5501 Engrossed - 1465 - LRB102 24698 AMC 33937 b
1		practice medicine in all its branches for his or her
2		identified patient or groups of patients under specified
3		conditions or limitations in a standing order from the
4		physician.
5		"Medication therapy management services" in a licensed
6		hospital may also include the following:
7		(1) reviewing assessments of the patient's health
8		status; and
9		(2) following protocols of a hospital pharmacy and
10		therapeutics committee with respect to the fulfillment of
11		medication orders.
12		(bb) "Pharmacist care" means the provision by a pharmacist
13		of medication therapy management services, with or without the
14		dispensing of drugs or devices, intended to achieve outcomes
15		that improve patient health, quality of life, and comfort and
16		enhance patient safety.
17		(cc) "Protected health information" means individually
18		identifiable health information that, except as otherwise
19		provided, is:
20		(1) transmitted by electronic media;
21		(2) maintained in any medium set forth in the
22		definition of "electronic media" in the federal Health
23		Insurance Portability and Accountability Act; or
24		(3) transmitted or maintained in any other form or
25		medium.
26		"Protected health information" does not include

HB5501 Engrossed - 1466 - LRB102 24698 AMC 33937 b
1		individually identifiable health information found in:
2		(1) education records covered by the federal Family
3		Educational Right and Privacy Act; or
4		(2) employment records held by a licensee in its role
5		as an employer.
6		(dd) "Standing order" means a specific order for a patient
7		or group of patients issued by a physician licensed to
8		practice medicine in all its branches in Illinois.
9		(ee) "Address of record" means the designated address
10		recorded by the Department in the applicant's application file
11		or licensee's license file maintained by the Department's
12		licensure maintenance unit.
13		(ff) "Home pharmacy" means the location of a pharmacy's
14		primary operations.
15		(gg) "Email address of record" means the designated email
16		address recorded by the Department in the applicant's
17		application file or the licensee's license file, as maintained
18		by the Department's licensure maintenance unit.
19		(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
20		102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised
21		10-26-21.)
22		(225 ILCS 85/4) (from Ch. 111, par. 4124)
23		(Section scheduled to be repealed on January 1, 2023)
24		Sec. 4. Exemptions. Nothing contained in any Section of
25		this Act shall apply to, or in any manner interfere with:

HB5501 Engrossed - 1467 - LRB102 24698 AMC 33937 b
1		(a) the lawful practice of any physician licensed to
2		practice medicine in all of its branches, dentist,
3		podiatric physician, veterinarian, or therapeutically or
4		diagnostically certified optometrist within the limits of
5		his or her license, or prevent him or her from supplying to
6		his or her bona fide patients such drugs, medicines, or
7		poisons as may seem to him appropriate;
8		(b) the sale of compressed gases;
9		(c) the sale of patent or proprietary medicines and
10		household remedies when sold in original and unbroken
11		packages only, if such patent or proprietary medicines and
12		household remedies be properly and adequately labeled as
13		to content and usage and generally considered and accepted
14		as harmless and nonpoisonous when used according to the
15		directions on the label, and also do not contain opium or
16		coca leaves, or any compound, salt or derivative thereof,
17		or any drug which, according to the latest editions of the
18		following authoritative pharmaceutical treatises and
19		standards, namely, The United States
20		Pharmacopoeia/National Formulary (USP/NF), the United
21		States Dispensatory, and the Accepted Dental Remedies of
22		the Council of Dental Therapeutics of the American Dental
23		Association or any or either of them, in use on the
24		effective date of this Act, or according to the existing
25		provisions of the Federal Food, Drug, and Cosmetic Act and
26		Regulations of the Department of Health and Human

HB5501 Engrossed - 1468 - LRB102 24698 AMC 33937 b
1		Services, Food and Drug Administration, promulgated
2		thereunder now in effect, is designated, described or
3		considered as a narcotic, hypnotic, habit forming,
4		dangerous, or poisonous drug;
5		(d) the sale of poultry and livestock remedies in
6		original and unbroken packages only, labeled for poultry
7		and livestock medication;
8		(e) the sale of poisonous substances or mixture of
9		poisonous substances, in unbroken packages, for
10		nonmedicinal use in the arts or industries or for
11		insecticide purposes; provided, they are properly and
12		adequately labeled as to content and such nonmedicinal
13		usage, in conformity with the provisions of all applicable
14		federal, state and local laws and regulations promulgated
15		thereunder now in effect relating thereto and governing
16		the same, and those which are required under such
17		applicable laws and regulations to be labeled with the
18		word "Poison", are also labeled with the word "Poison"
19		printed thereon in prominent type and the name of a
20		readily obtainable antidote with directions for its
21		administration;
22		(f) the delegation of limited prescriptive authority
23		by a physician licensed to practice medicine in all its
24		branches to a physician assistant under Section 7.5 of the
25		Physician Assistant Practice Act of 1987. This delegated
26		authority under Section 7.5 of the Physician Assistant

HB5501 Engrossed - 1469 - LRB102 24698 AMC 33937 b
1		Practice Act of 1987 may, but is not required to, include
2		prescription of controlled substances, as defined in
3		Article II of the Illinois Controlled Substances Act, in
4		accordance with a written supervision agreement;
5		(g) the delegation of prescriptive authority by a
6		physician licensed to practice medicine in all its
7		branches or a licensed podiatric physician to an advanced
8		practice registered nurse in accordance with a written
9		collaborative agreement under Sections 65-35 and 65-40 of
10		the Nurse Practice Act;
11		(g-5) the donation or acceptance, or the packaging,
12		repackaging, or labeling, of drugs to the extent permitted
13		under the Illinois Drug Reuse Opportunity Program Act; and
14		(h) the sale or distribution of dialysate or devices
15		necessary to perform home peritoneal renal dialysis for
16		patients with end-stage renal disease, provided that all
17		of the following conditions are met:
18		(1) the dialysate, comprised of dextrose or
19		icodextrin, or devices are approved or cleared by the
20		federal Food and Drug Administration, as required by
21		federal law;
22		(2) the dialysate or devices are lawfully held by
23		a manufacturer or the manufacturer's agent, which is
24		properly registered with the Board as a manufacturer,
25		third-party logistics provider, or wholesaler;
26		(3) the dialysate or devices are held and

HB5501 Engrossed - 1470 - LRB102 24698 AMC 33937 b
1		delivered to the manufacturer or the manufacturer's
2		agent in the original, sealed packaging from the
3		manufacturing facility;
4		(4) the dialysate or devices are delivered only
5		upon receipt of a physician's prescription by a
6		licensed pharmacy in which the prescription is
7		processed in accordance with provisions set forth in
8		this Act, and the transmittal of an order from the
9		licensed pharmacy to the manufacturer or the
10		manufacturer's agent; and
11		(5) the manufacturer or the manufacturer's agent
12		delivers the dialysate or devices directly to: (i) a
13		patient with end-stage renal disease, or his or her
14		designee, for the patient's self-administration of the
15		dialysis therapy or (ii) a health care provider or
16		institution for administration or delivery of the
17		dialysis therapy to a patient with end-stage renal
18		disease.
19		This paragraph (h) does not include any other drugs
20		for peritoneal dialysis, except dialysate, as described in
21		item (1) of this paragraph (h). All records of sales and
22		distribution of dialysate to patients made pursuant to
23		this paragraph (h) must be retained in accordance with
24		Section 18 of this Act. A student pharmacist or licensed
25		pharmacy technician engaged in remote prescription
26		processing under Section 25.10 of this Act at a licensed

HB5501 Engrossed - 1471 - LRB102 24698 AMC 33937 b
1		pharmacy described in item (4) of this paragraph (h) shall
2		be permitted to access an employer pharmacy's database
3		from his or her home or other remote location while under
4		the supervision of a pharmacist for the purpose of
5		performing certain prescription processing functions,
6		provided that the pharmacy establishes controls to protect
7		the privacy and security of confidential records.
8		(Source: P.A. 101-420, eff. 8-16-19; 102-84, eff. 7-9-21;
9		102-389, eff. 1-1-22; revised 10-8-21.)
10		(225 ILCS 85/43)
11		(Section scheduled to be repealed on January 1, 2023)
12		Sec. 43. Dispensation of hormonal contraceptives.
13		(a) The dispensing of hormonal contraceptives to a patient
14		shall be pursuant to a valid prescription or standing order by
15		a physician licensed to practice medicine in all its branches
16		or the medical director of a local health department, pursuant
17		to the following:
18		(1) a pharmacist may dispense no more than a 12-month
19		supply of hormonal contraceptives to a patient;
20		(2) a pharmacist must complete an educational training
21		program accredited by the Accreditation Council for
22		Pharmacy Education and approved by the Department that is
23		related to the patient self-screening risk assessment,
24		patient assessment contraceptive counseling and education,
25		and dispensation of hormonal contraceptives;

HB5501 Engrossed - 1472 - LRB102 24698 AMC 33937 b
1		(3) a pharmacist shall have the patient complete the
2		self-screening risk assessment tool; the self-screening
3		risk assessment tool is to be based on the most current
4		version of the United States Medical Eligibility Criteria
5		for Contraceptive Use published by the federal Centers for
6		Disease Control and Prevention;
7		(4) based upon the results of the self-screening risk
8		assessment and the patient assessment, the pharmacist
9		shall use his or her professional and clinical judgment as
10		to when a patient should be referred to the patient's
11		physician or another health care provider;
12		(5) a pharmacist shall provide, during the patient
13		assessment and consultation, counseling and education
14		about all methods of contraception, including methods not
15		covered under the standing order, and their proper use and
16		effectiveness;
17		(6) the patient consultation shall take place in a
18		private manner; and
19		(7) a pharmacist and pharmacy must maintain
20		appropriate records.
21		(b) The Department may adopt rules to implement this
22		Section.
23		(c) Nothing in this Section shall be interpreted to
24		require a pharmacist to dispense hormonal contraception under
25		a standing order issued by a physician licensed to practice
26		medicine in all its branches or the medical director of a local

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1		health department.
2		(Source: P.A. 102-103, eff. 1-1-22.)
3		(225 ILCS 85/44)
4		(Section scheduled to be repealed on January 1, 2023)
5		Sec. 44 43. Disclosure of pharmacy retail price.
6		(a) For the purpose of this Section:
7		"Pharmacy retail price" means the price an individual
8		without prescription drug coverage or not using any other
9		prescription medication benefit or discount would pay at a
10		retail pharmacy, not including a pharmacist dispensing fee.
11		"Cost-sharing amount" means the amount owed by a
12		policyholder under the terms of his or her health insurance
13		policy or as required by a pharmacy benefit manager as defined
14		in subsection (a) of Section 513b1 of the Illinois Insurance
15		Code.
16		(b) A pharmacist or his or her authorized employee must
17		disclose to the consumer at the point of sale the current
18		pharmacy retail price for each prescription medication the
19		consumer intends to purchase. If the consumer's cost-sharing
20		amount for a prescription exceeds the current pharmacy retail
21		price, the pharmacist or his or her authorized employee must
22		disclose to the consumer that the pharmacy retail price is
23		less than the patient's cost-sharing amount.
24		(Source: P.A. 102-400, eff. 1-1-22; revised 11-4-21.)

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1		Section 475. The Landscape Architecture Registration Act
2		is amended by changing Section 125 as follows:
3		(225 ILCS 316/125)
4		(Section scheduled to be repealed on January 1, 2027)
5		Sec. 125. Restoration of suspended or revoked
6		registration.
7		(a) At any time after the successful completion of a term
8		of probation, suspension, or revocation of a registration
9		under this Act, the Department may restore it to the
10		registrant unless after an investigation and hearing the
11		Department determines that restoration is not in the public
12		interest.
13		(b) Where circumstances of suspension or revocation so
14		indicate, the Department may require an examination of the
15		registrant prior to restoring his or her registration.
16		(c) No person whose registration has been revoked as
17		authorized in this Act may apply for restoration of that
18		registration until such time as provided for in the Civil
19		Administrative Code of Illinois.
20		(d) A registration that has been suspended or revoked
21		shall be considered nonrenewed for purposes of restoration and
22		a person registration restoring a their registration from
23		suspension or revocation must comply with the requirements for
24		restoration as set forth in Section 50 of this Act and any
25		rules adopted pursuant to this Act.

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1		(Source: P.A. 102-284, eff. 8-6-21; revised 1-9-22.)
2		Section 480. The Private Detective, Private Alarm, Private
3		Security, Fingerprint Vendor, and Locksmith Act of 2004 is
4		amended by changing Section 5-10 as follows:
5		(225 ILCS 447/5-10)
6		(Section scheduled to be repealed on January 1, 2024)
7		Sec. 5-10. Definitions. As used in this Act:
8		"Address of record" means the designated address recorded
9		by the Department in the applicant's application file or the
10		licensee's license file, as maintained by the Department's
11		licensure maintenance unit.
12		"Advertisement" means any public media, including printed
13		or electronic material, that is published or displayed in a
14		phone book, newspaper, magazine, pamphlet, newsletter,
15		website, or other similar type of publication or electronic
16		format that is intended to either attract business or merely
17		provide contact information to the public for an agency or
18		licensee. Advertisement shall not include a licensee's or an
19		agency's letterhead, business cards, or other stationery used
20		in routine business correspondence or customary name, address,
21		and number type listings in a telephone directory.
22		"Alarm system" means any system, including an electronic
23		access control system, a surveillance video system, a security
24		video system, a burglar alarm system, a fire alarm system, or

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1		any other electronic system that activates an audible,
2		visible, remote, or recorded signal that is designed for the
3		protection or detection of intrusion, entry, theft, fire,
4		vandalism, escape, or trespass, or other electronic systems
5		designed for the protection of life by indicating the
6		existence of an emergency situation. "Alarm system" also
7		includes an emergency communication system and a mass
8		notification system.
9		"Applicant" means a person or business applying for
10		licensure, registration, or authorization under this Act. Any
11		applicant or person who holds himself or herself out as an
12		applicant is considered a licensee or registrant for the
13		purposes of enforcement, investigation, hearings, and the
14		Illinois Administrative Procedure Act.
15		"Armed employee" means a licensee or registered person who
16		is employed by an agency licensed or an armed proprietary
17		security force registered under this Act who carries a weapon
18		while engaged in the performance of official duties within the
19		course and scope of his or her employment during the hours and
20		times the employee is scheduled to work or is commuting
21		between his or her home or place of employment.
22		"Armed proprietary security force" means a security force
23		made up of one or more armed individuals employed by a
24		commercial or industrial operation or by a financial
25		institution as security officers for the protection of persons
26		or property.

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1		"Board" means the Private Detective, Private Alarm,
2		Private Security, Fingerprint Vendor, and Locksmith Board.
3		"Branch office" means a business location removed from the
4		place of business for which an agency license has been issued,
5		including, but not limited to, locations where active employee
6		records that are required to be maintained under this Act are
7		kept, where prospective new employees are processed, or where
8		members of the public are invited in to transact business. A
9		branch office does not include an office or other facility
10		located on the property of an existing client that is utilized
11		solely for the benefit of that client and is not owned or
12		leased by the agency.
13		"Canine handler" means a person who uses or handles a
14		trained dog to protect persons or property or to conduct
15		investigations.
16		"Canine handler authorization card" means a card issued by
17		the Department that authorizes the holder to use or handle a
18		trained dog to protect persons or property or to conduct
19		investigations during the performance of his or her duties as
20		specified in this Act.
21		"Canine trainer" means a person who acts as a dog trainer
22		for the purpose of training dogs to protect persons or
23		property or to conduct investigations.
24		"Canine trainer authorization card" means a card issued by
25		the Department that authorizes the holder to train a dog to
26		protect persons or property or to conduct investigations

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1		during the performance of his or her duties as specified in
2		this Act.
3		"Canine training facility" means a facility operated by a
4		licensed private detective agency or private security
5		contractor agency wherein dogs are trained for the purposes of
6		protecting persons or property or to conduct investigations.
7		"Corporation" means an artificial person or legal entity
8		created by or under the authority of the laws of a state,
9		including without limitation a corporation, limited liability
10		company, or any other legal entity.
11		"Department" means the Department of Financial and
12		Professional Regulation.
13		"Emergency communication system" means any system that
14		communicates information about emergencies, including but not
15		limited to fire, terrorist activities, shootings, other
16		dangerous situations, accidents, and natural disasters.
17		"Employee" means a person who works for a person or agency
18		that has the right to control the details of the work performed
19		and is not dependent upon whether or not federal or state
20		payroll taxes are withheld.
21		"Fingerprint vendor" means a person that offers,
22		advertises, or provides services to fingerprint individuals,
23		through electronic or other means, for the purpose of
24		providing fingerprint images and associated demographic data
25		to the Illinois State Police for processing fingerprint based
26		criminal history record information inquiries.

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1		"Fingerprint vendor agency" means a person, firm,
2		corporation, or other legal entity that engages in the
3		fingerprint vendor business and employs, in addition to the
4		fingerprint vendor licensee-in-charge, at least one other
5		person in conducting that business.
6		"Fingerprint vendor licensee-in-charge" means a person who
7		has been designated by a fingerprint vendor agency to be the
8		licensee-in-charge of an agency who is a full-time management
9		employee or owner who assumes sole responsibility for
10		maintaining all records required by this Act and who assumes
11		sole responsibility for assuring the licensed agency's
12		compliance with its responsibilities as stated in this Act.
13		The Department shall adopt rules mandating licensee-in-charge
14		participation in agency affairs.
15		"Fire alarm system" means any system that is activated by
16		an automatic or manual device in the detection of smoke, heat,
17		or fire that activates an audible, visible, or remote signal
18		requiring a response.
19		"Firearm control card" means a card issued by the
20		Department that authorizes the holder, who has complied with
21		the training and other requirements of this Act, to carry a
22		weapon during the performance of his or her duties as
23		specified in this Act.
24		"Firm" means an unincorporated business entity, including
25		but not limited to proprietorships and partnerships.
26		"Licensee" means a person or business licensed under this

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1		Act. Anyone who holds himself or herself out as a licensee or
2		who is accused of unlicensed practice is considered a licensee
3		for purposes of enforcement, investigation, hearings, and the
4		Illinois Administrative Procedure Act.
5		"Locksmith" means a person who engages in a business or
6		holds himself out to the public as providing a service that
7		includes, but is not limited to, the servicing, installing,
8		originating first keys, re-coding, repairing, maintaining,
9		manipulating, or bypassing of a mechanical or electronic
10		locking device, access control or video surveillance system at
11		premises, vehicles, safes, vaults, safe deposit boxes, or
12		automatic teller machines.
13		"Locksmith agency" means a person, firm, corporation, or
14		other legal entity that engages in the locksmith business and
15		employs, in addition to the locksmith licensee-in-charge, at
16		least one other person in conducting such business.
17		"Locksmith licensee-in-charge" means a person who has been
18		designated by agency to be the licensee-in-charge of an
19		agency, who is a full-time management employee or owner who
20		assumes sole responsibility for maintaining all records
21		required by this Act, and who assumes sole responsibility for
22		assuring the licensed agency's compliance with its
23		responsibilities as stated in this Act. The Department shall
24		adopt rules mandating licensee-in-charge participation in
25		agency affairs.
26		"Mass notification system" means any system that is used

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1		to provide information and instructions to people in a
2		building or other space using voice communications, including
3		visible signals, text, graphics, tactile, or other
4		communication methods.
5		"Peace officer" or "police officer" means a person who, by
6		virtue of office or public employment, is vested by law with a
7		duty to maintain public order or to make arrests for offenses,
8		whether that duty extends to all offenses or is limited to
9		specific offenses. Officers, agents, or employees of the
10		federal government commissioned by federal statute to make
11		arrests for violations of federal laws are considered peace
12		officers.
13		"Permanent employee registration card" means a card issued
14		by the Department to an individual who has applied to the
15		Department and meets the requirements for employment by a
16		licensed agency under this Act.
17		"Person" means a natural person.
18		"Private alarm contractor" means a person who engages in a
19		business that individually or through others undertakes,
20		offers to undertake, purports to have the capacity to
21		undertake, or submits a bid to sell, install, design, monitor,
22		maintain, test, inspect, alter, repair, replace, or service
23		alarm and other security-related systems or parts thereof,
24		including fire alarm systems, at protected premises or
25		premises to be protected or responds to alarm systems at a
26		protected premises on an emergency basis and not as a

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1		full-time security officer. "Private alarm contractor" does
2		not include a person, firm, or corporation that manufactures
3		or sells alarm systems only from its place of business and does
4		not sell, install, monitor, maintain, alter, repair, replace,
5		service, or respond to alarm systems at protected premises or
6		premises to be protected.
7		"Private alarm contractor agency" means a person,
8		corporation, or other entity that engages in the private alarm
9		contracting business and employs, in addition to the private
10		alarm contractor-in-charge, at least one other person in
11		conducting such business.
12		"Private alarm contractor licensee-in-charge" means a
13		person who has been designated by an agency to be the
14		licensee-in-charge of an agency, who is a full-time management
15		employee or owner who assumes sole responsibility for
16		maintaining all records required by this Act, and who assumes
17		sole responsibility for assuring the licensed agency's
18		compliance with its responsibilities as stated in this Act.
19		The Department shall adopt rules mandating licensee-in-charge
20		participation in agency affairs.
21		"Private detective" means any person who by any means,
22		including, but not limited to, manual, canine odor detection,
23		or electronic methods, engages in the business of, accepts
24		employment to furnish, or agrees to make or makes
25		investigations for a fee or other consideration to obtain
26		information relating to:

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1		(1) Crimes or wrongs done or threatened against the
2		United States, any state or territory of the United
3		States, or any local government of a state or territory.
4		(2) The identity, habits, conduct, business
5		occupation, honesty, integrity, credibility, knowledge,
6		trustworthiness, efficiency, loyalty, activity,
7		movements, whereabouts, affiliations, associations,
8		transactions, acts, reputation, or character of any
9		person, firm, or other entity by any means, manual or
10		electronic.
11		(3) The location, disposition, or recovery of lost or
12		stolen property.
13		(4) The cause, origin, or responsibility for fires,
14		accidents, or injuries to individuals or real or personal
15		property.
16		(5) The truth or falsity of any statement or
17		representation.
18		(6) Securing evidence to be used before any court,
19		board, or investigating body.
20		(7) The protection of individuals from bodily harm or
21		death (bodyguard functions).
22		(8) Service of process in criminal and civil
23		proceedings.
24		"Private detective agency" means a person, firm,
25		corporation, or other legal entity that engages in the private
26		detective business and employs, in addition to the

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1		licensee-in-charge, one or more persons in conducting such
2		business.
3		"Private detective licensee-in-charge" means a person who
4		has been designated by an agency to be the licensee-in-charge
5		of an agency, who is a full-time management employee or owner
6		who assumes sole responsibility for maintaining all records
7		required by this Act, and who assumes sole responsibility for
8		assuring the licensed agency's compliance with its
9		responsibilities as stated in this Act. The Department shall
10		adopt rules mandating licensee-in-charge participation in
11		agency affairs.
12		"Private security contractor" means a person who engages
13		in the business of providing a private security officer,
14		watchman, patrol, guard dog, canine odor detection, or a
15		similar service by any other title or name on a contractual
16		basis for another person, firm, corporation, or other entity
17		for a fee or other consideration and performing one or more of
18		the following functions:
19		(1) The prevention or detection of intrusion, entry,
20		theft, vandalism, abuse, fire, or trespass on private or
21		governmental property.
22		(2) The prevention, observation, or detection of any
23		unauthorized activity on private or governmental property.
24		(3) The protection of persons authorized to be on the
25		premises of the person, firm, or other entity for which
26		the security contractor contractually provides security

HB5501 Engrossed - 1485 - LRB102 24698 AMC 33937 b
1		services.
2		(4) The prevention of the misappropriation or
3		concealment of goods, money, bonds, stocks, notes,
4		documents, or papers.
5		(5) The control, regulation, or direction of the
6		movement of the public for the time specifically required
7		for the protection of property owned or controlled by the
8		client.
9		(6) The protection of individuals from bodily harm or
10		death (bodyguard functions).
11		"Private security contractor agency" means a person, firm,
12		corporation, or other legal entity that engages in the private
13		security contractor business and that employs, in addition to
14		the licensee-in-charge, one or more persons in conducting such
15		business.
16		"Private security contractor licensee-in-charge" means a
17		person who has been designated by an agency to be the
18		licensee-in-charge of an agency, who is a full-time management
19		employee or owner who assumes sole responsibility for
20		maintaining all records required by this Act, and who assumes
21		sole responsibility for assuring the licensed agency's
22		compliance with its responsibilities as stated in this Act.
23		The Department shall adopt rules mandating licensee-in-charge
24		participation in agency affairs.
25		"Public member" means a person who is not a licensee or
26		related to a licensee, or who is not an employer or employee of

HB5501 Engrossed - 1486 - LRB102 24698 AMC 33937 b
1		a licensee. The term "related to" shall be determined by the
2		rules of the Department.
3		"Secretary" means the Secretary of the Department of
4		Financial and Professional Regulation.
5		(Source: P.A. 102-152, eff. 1-1-22; 102-538, eff. 8-20-21;
6		revised 10-26-21.)
7		Section 485. The Real Estate Appraiser Licensing Act of
8		2002 is amended by changing Section 5-22 as follows:
9		(225 ILCS 458/5-22)
10		(Section scheduled to be repealed on January 1, 2027)
11		Sec. 5-22. Criminal history records check.
12		(a) An application for licensure by examination or
13		restoration shall include the applicant's fingerprints
14		submitted to the Illinois State Police in an electronic format
15		that complies with the form and manner for requesting and
16		furnishing criminal history record information as prescribed
17		by the Illinois State Police. These fingerprints shall be
18		checked against the Illinois State Police and Federal Bureau
19		of Investigation criminal history record databases now and
20		hereafter filed. The Illinois State Police shall charge
21		applicants a fee for conducting the criminal history records
22		check, which shall be deposited into the State Police Services
23		Fund and shall not exceed the actual cost of the records check.
24		The Illinois State Police shall furnish, pursuant to positive

HB5501 Engrossed - 1487 - LRB102 24698 AMC 33937 b
1		identification, records of Illinois convictions to the
2		Department. The Department may require applicants to pay a
3		separate fingerprinting fee, either to the Department or to a
4		vendor. The Department may adopt any rules necessary to
5		implement this Section.
6		(b) The Secretary may designate a multi-state licensing
7		system to perform the functions described in subsection (a).
8		The Department may require applicants to pay a separate
9		fingerprinting fee, either to the Department or to the
10		multi-state licensing system. The Department may adopt any
11		rules necessary to implement this subsection.
12		(c) The Department shall not consider the following
13		criminal history records in connection with an application for
14		licensure:
15		(1) juvenile adjudications of delinquent minors as
16		defined in Section 5-105 of the Juvenile Court Act of 1987
17		subject to the restrictions set forth in Section 5-130 of
18		that Act;
19		(2) law enforcement records, court records, and
20		conviction records of an individual who was 17 years old
21		at the time of the offense and before January 1, 2014,
22		unless the nature of the offense required the individual
23		to be tried as an adult;
24		(3) records of arrest not followed by a charge or
25		conviction;
26		(4) records of arrest in which the charges were

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1		dismissed unless related to the practice of the
2		profession; however, applicants shall not be asked to
3		report any arrests, and an arrest not followed by a
4		conviction shall not be the basis of a denial and may be
5		used only to assess an applicant's rehabilitation;
6		(5) convictions overturned by a higher court; or
7		(6) convictions or arrests that have been sealed or
8		expunged.
9		(d) If an applicant makes a false statement of material
10		fact on the application, the false statement may in itself be
11		sufficient grounds to revoke or refuse to issue a license.
12		(e) An applicant or licensee shall report to the
13		Department, in a manner prescribed by the Department, upon
14		application and within 30 days after the occurrence, if during
15		the term of licensure, (i) any conviction of or plea of guilty
16		or nolo contendere to forgery, embezzlement, obtaining money
17		under false pretenses, larceny, extortion, conspiracy to
18		defraud, or any similar offense or offenses or any conviction
19		of a felony involving moral turpitude, (ii) the entry of an
20		administrative sanction by a government agency in this State
21		or any other jurisdiction that has as an essential element
22		dishonesty or fraud or involves larceny, embezzlement, or
23		obtaining money, property, or credit by false pretenses, or
24		(iii) a crime that subjects the licensee to compliance with
25		the requirements of the Sex Offender Registration Act.
26		(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;

HB5501 Engrossed - 1489 - LRB102 24698 AMC 33937 b
1		revised 1-4-22.)
2		Section 490. The Illinois Horse Racing Act of 1975 is
3		amended by changing Sections 26 and 28 as follows:
4		(230 ILCS 5/26) (from Ch. 8, par. 37-26)
5		Sec. 26. Wagering.
6		(a) Any licensee may conduct and supervise the pari-mutuel
7		system of wagering, as defined in Section 3.12 of this Act, on
8		horse races conducted by an Illinois organization licensee or
9		conducted at a racetrack located in another state or country
10		in accordance with subsection (g) of Section 26 of this Act.
11		Subject to the prior consent of the Board, licensees may
12		supplement any pari-mutuel pool in order to guarantee a
13		minimum distribution. Such pari-mutuel method of wagering
14		shall not, under any circumstances if conducted under the
15		provisions of this Act, be held or construed to be unlawful,
16		other statutes of this State to the contrary notwithstanding.
17		Subject to rules for advance wagering promulgated by the
18		Board, any licensee may accept wagers in advance of the day of
19		the race wagered upon occurs.
20		(b) Except for those gaming activities for which a license
21		is obtained and authorized under the Illinois Lottery Law, the
22		Charitable Games Act, the Raffles and Poker Runs Act, or the
23		Illinois Gambling Act, no other method of betting, pool
24		making, wagering or gambling shall be used or permitted by the

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1		licensee. Each licensee may retain, subject to the payment of
2		all applicable taxes and purses, an amount not to exceed 17% of
3		all money wagered under subsection (a) of this Section, except
4		as may otherwise be permitted under this Act.
5		(b-5) An individual may place a wager under the
6		pari-mutuel system from any licensed location authorized under
7		this Act provided that wager is electronically recorded in the
8		manner described in Section 3.12 of this Act. Any wager made
9		electronically by an individual while physically on the
10		premises of a licensee shall be deemed to have been made at the
11		premises of that licensee.
12		(c) (Blank).
13		(c-5) The sum held by any licensee for payment of
14		outstanding pari-mutuel tickets, if unclaimed prior to
15		December 31 of the next year, shall be retained by the licensee
16		for payment of such tickets until that date. Within 10 days
17		thereafter, the balance of such sum remaining unclaimed, less
18		any uncashed supplements contributed by such licensee for the
19		purpose of guaranteeing minimum distributions of any
20		pari-mutuel pool, shall be evenly distributed to the purse
21		account of the organization licensee and the organization
22		licensee, except that the balance of the sum of all
23		outstanding pari-mutuel tickets generated from simulcast
24		wagering and inter-track wagering by an organization licensee
25		located in a county with a population in excess of 230,000 and
26		borders the Mississippi River or any licensee that derives its

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1		license from that organization licensee shall be evenly
2		distributed to the purse account of the organization licensee
3		and the organization licensee.
4		(d) A pari-mutuel ticket shall be honored until December
5		31 of the next calendar year, and the licensee shall pay the
6		same and may charge the amount thereof against unpaid money
7		similarly accumulated on account of pari-mutuel tickets not
8		presented for payment.
9		(e) No licensee shall knowingly permit any minor, other
10		than an employee of such licensee or an owner, trainer,
11		jockey, driver, or employee thereof, to be admitted during a
12		racing program unless accompanied by a parent or guardian, or
13		any minor to be a patron of the pari-mutuel system of wagering
14		conducted or supervised by it. The admission of any
15		unaccompanied minor, other than an employee of the licensee or
16		an owner, trainer, jockey, driver, or employee thereof at a
17		race track is a Class C misdemeanor.
18		(f) Notwithstanding the other provisions of this Act, an
19		organization licensee may contract with an entity in another
20		state or country to permit any legal wagering entity in
21		another state or country to accept wagers solely within such
22		other state or country on races conducted by the organization
23		licensee in this State. Beginning January 1, 2000, these
24		wagers shall not be subject to State taxation. Until January
25		1, 2000, when the out-of-State entity conducts a pari-mutuel
26		pool separate from the organization licensee, a privilege tax

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1		equal to 7 1/2% of all monies received by the organization
2		licensee from entities in other states or countries pursuant
3		to such contracts is imposed on the organization licensee, and
4		such privilege tax shall be remitted to the Department of
5		Revenue within 48 hours of receipt of the moneys from the
6		simulcast. When the out-of-State entity conducts a combined
7		pari-mutuel pool with the organization licensee, the tax shall
8		be 10% of all monies received by the organization licensee
9		with 25% of the receipts from this 10% tax to be distributed to
10		the county in which the race was conducted.
11		An organization licensee may permit one or more of its
12		races to be utilized for pari-mutuel wagering at one or more
13		locations in other states and may transmit audio and visual
14		signals of races the organization licensee conducts to one or
15		more locations outside the State or country and may also
16		permit pari-mutuel pools in other states or countries to be
17		combined with its gross or net wagering pools or with wagering
18		pools established by other states.
19		(g) A host track may accept interstate simulcast wagers on
20		horse races conducted in other states or countries and shall
21		control the number of signals and types of breeds of racing in
22		its simulcast program, subject to the disapproval of the
23		Board. The Board may prohibit a simulcast program only if it
24		finds that the simulcast program is clearly adverse to the
25		integrity of racing. The host track simulcast program shall
26		include the signal of live racing of all organization

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1		licensees. All non-host licensees and advance deposit wagering
2		licensees shall carry the signal of and accept wagers on live
3		racing of all organization licensees. Advance deposit wagering
4		licensees shall not be permitted to accept out-of-state wagers
5		on any Illinois signal provided pursuant to this Section
6		without the approval and consent of the organization licensee
7		providing the signal. For one year after August 15, 2014 (the
8		effective date of Public Act 98-968), non-host licensees may
9		carry the host track simulcast program and shall accept wagers
10		on all races included as part of the simulcast program of horse
11		races conducted at race tracks located within North America
12		upon which wagering is permitted. For a period of one year
13		after August 15, 2014 (the effective date of Public Act
14		98-968), on horse races conducted at race tracks located
15		outside of North America, non-host licensees may accept wagers
16		on all races included as part of the simulcast program upon
17		which wagering is permitted. Beginning August 15, 2015 (one
18		year after the effective date of Public Act 98-968), non-host
19		licensees may carry the host track simulcast program and shall
20		accept wagers on all races included as part of the simulcast
21		program upon which wagering is permitted. All organization
22		licensees shall provide their live signal to all advance
23		deposit wagering licensees for a simulcast commission fee not
24		to exceed 6% of the advance deposit wagering licensee's
25		Illinois handle on the organization licensee's signal without
26		prior approval by the Board. The Board may adopt rules under

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1		which it may permit simulcast commission fees in excess of 6%.
2		The Board shall adopt rules limiting the interstate commission
3		fees charged to an advance deposit wagering licensee. The
4		Board shall adopt rules regarding advance deposit wagering on
5		interstate simulcast races that shall reflect, among other
6		things, the General Assembly's desire to maximize revenues to
7		the State, horsemen purses, and organization licensees.
8		However, organization licensees providing live signals
9		pursuant to the requirements of this subsection (g) may
10		petition the Board to withhold their live signals from an
11		advance deposit wagering licensee if the organization licensee
12		discovers and the Board finds reputable or credible
13		information that the advance deposit wagering licensee is
14		under investigation by another state or federal governmental
15		agency, the advance deposit wagering licensee's license has
16		been suspended in another state, or the advance deposit
17		wagering licensee's license is in revocation proceedings in
18		another state. The organization licensee's provision of their
19		live signal to an advance deposit wagering licensee under this
20		subsection (g) pertains to wagers placed from within Illinois.
21		Advance deposit wagering licensees may place advance deposit
22		wagering terminals at wagering facilities as a convenience to
23		customers. The advance deposit wagering licensee shall not
24		charge or collect any fee from purses for the placement of the
25		advance deposit wagering terminals. The costs and expenses of
26		the host track and non-host licensees associated with

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1		interstate simulcast wagering, other than the interstate
2		commission fee, shall be borne by the host track and all
3		non-host licensees incurring these costs. The interstate
4		commission fee shall not exceed 5% of Illinois handle on the
5		interstate simulcast race or races without prior approval of
6		the Board. The Board shall promulgate rules under which it may
7		permit interstate commission fees in excess of 5%. The
8		interstate commission fee and other fees charged by the
9		sending racetrack, including, but not limited to, satellite
10		decoder fees, shall be uniformly applied to the host track and
11		all non-host licensees.
12		Notwithstanding any other provision of this Act, an
13		organization licensee, with the consent of the horsemen
14		association representing the largest number of owners,
15		trainers, jockeys, or standardbred drivers who race horses at
16		that organization licensee's racing meeting, may maintain a
17		system whereby advance deposit wagering may take place or an
18		organization licensee, with the consent of the horsemen
19		association representing the largest number of owners,
20		trainers, jockeys, or standardbred drivers who race horses at
21		that organization licensee's racing meeting, may contract with
22		another person to carry out a system of advance deposit
23		wagering. Such consent may not be unreasonably withheld. Only
24		with respect to an appeal to the Board that consent for an
25		organization licensee that maintains its own advance deposit
26		wagering system is being unreasonably withheld, the Board

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1		shall issue a final order within 30 days after initiation of
2		the appeal, and the organization licensee's advance deposit
3		wagering system may remain operational during that 30-day
4		period. The actions of any organization licensee who conducts
5		advance deposit wagering or any person who has a contract with
6		an organization licensee to conduct advance deposit wagering
7		who conducts advance deposit wagering on or after January 1,
8		2013 and prior to June 7, 2013 (the effective date of Public
9		Act 98-18) taken in reliance on the changes made to this
10		subsection (g) by Public Act 98-18 are hereby validated,
11		provided payment of all applicable pari-mutuel taxes are
12		remitted to the Board. All advance deposit wagers placed from
13		within Illinois must be placed through a Board-approved
14		advance deposit wagering licensee; no other entity may accept
15		an advance deposit wager from a person within Illinois. All
16		advance deposit wagering is subject to any rules adopted by
17		the Board. The Board may adopt rules necessary to regulate
18		advance deposit wagering through the use of emergency
19		rulemaking in accordance with Section 5-45 of the Illinois
20		Administrative Procedure Act. The General Assembly finds that
21		the adoption of rules to regulate advance deposit wagering is
22		deemed an emergency and necessary for the public interest,
23		safety, and welfare. An advance deposit wagering licensee may
24		retain all moneys as agreed to by contract with an
25		organization licensee. Any moneys retained by the organization
26		licensee from advance deposit wagering, not including moneys

HB5501 Engrossed - 1497 - LRB102 24698 AMC 33937 b
1		retained by the advance deposit wagering licensee, shall be
2		paid 50% to the organization licensee's purse account and 50%
3		to the organization licensee. With the exception of any
4		organization licensee that is owned by a publicly traded
5		company that is incorporated in a state other than Illinois
6		and advance deposit wagering licensees under contract with
7		such organization licensees, organization licensees that
8		maintain advance deposit wagering systems and advance deposit
9		wagering licensees that contract with organization licensees
10		shall provide sufficiently detailed monthly accountings to the
11		horsemen association representing the largest number of
12		owners, trainers, jockeys, or standardbred drivers who race
13		horses at that organization licensee's racing meeting so that
14		the horsemen association, as an interested party, can confirm
15		the accuracy of the amounts paid to the purse account at the
16		horsemen association's affiliated organization licensee from
17		advance deposit wagering. If more than one breed races at the
18		same race track facility, then the 50% of the moneys to be paid
19		to an organization licensee's purse account shall be allocated
20		among all organization licensees' purse accounts operating at
21		that race track facility proportionately based on the actual
22		number of host days that the Board grants to that breed at that
23		race track facility in the current calendar year. To the
24		extent any fees from advance deposit wagering conducted in
25		Illinois for wagers in Illinois or other states have been
26		placed in escrow or otherwise withheld from wagers pending a

HB5501 Engrossed - 1498 - LRB102 24698 AMC 33937 b
1		determination of the legality of advance deposit wagering, no
2		action shall be brought to declare such wagers or the
3		disbursement of any fees previously escrowed illegal.
4		(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
5		inter-track wagering licensee other than the host track
6		may supplement the host track simulcast program with
7		additional simulcast races or race programs, provided that
8		between January 1 and the third Friday in February of any
9		year, inclusive, if no live thoroughbred racing is
10		occurring in Illinois during this period, only
11		thoroughbred races may be used for supplemental interstate
12		simulcast purposes. The Board shall withhold approval for
13		a supplemental interstate simulcast only if it finds that
14		the simulcast is clearly adverse to the integrity of
15		racing. A supplemental interstate simulcast may be
16		transmitted from an inter-track wagering licensee to its
17		affiliated non-host licensees. The interstate commission
18		fee for a supplemental interstate simulcast shall be paid
19		by the non-host licensee and its affiliated non-host
20		licensees receiving the simulcast.
21		(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
22		inter-track wagering licensee other than the host track
23		may receive supplemental interstate simulcasts only with
24		the consent of the host track, except when the Board finds
25		that the simulcast is clearly adverse to the integrity of
26		racing. Consent granted under this paragraph (2) to any

HB5501 Engrossed - 1499 - LRB102 24698 AMC 33937 b
1		inter-track wagering licensee shall be deemed consent to
2		all non-host licensees. The interstate commission fee for
3		the supplemental interstate simulcast shall be paid by all
4		participating non-host licensees.
5		(3) Each licensee conducting interstate simulcast
6		wagering may retain, subject to the payment of all
7		applicable taxes and the purses, an amount not to exceed
8		17% of all money wagered. If any licensee conducts the
9		pari-mutuel system wagering on races conducted at
10		racetracks in another state or country, each such race or
11		race program shall be considered a separate racing day for
12		the purpose of determining the daily handle and computing
13		the privilege tax of that daily handle as provided in
14		subsection (a) of Section 27. Until January 1, 2000, from
15		the sums permitted to be retained pursuant to this
16		subsection, each inter-track wagering location licensee
17		shall pay 1% of the pari-mutuel handle wagered on
18		simulcast wagering to the Horse Racing Tax Allocation
19		Fund, subject to the provisions of subparagraph (B) of
20		paragraph (11) of subsection (h) of Section 26 of this
21		Act.
22		(4) A licensee who receives an interstate simulcast
23		may combine its gross or net pools with pools at the
24		sending racetracks pursuant to rules established by the
25		Board. All licensees combining their gross pools at a
26		sending racetrack shall adopt the takeout percentages of

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1		the sending racetrack. A licensee may also establish a
2		separate pool and takeout structure for wagering purposes
3		on races conducted at race tracks outside of the State of
4		Illinois. The licensee may permit pari-mutuel wagers
5		placed in other states or countries to be combined with
6		its gross or net wagering pools or other wagering pools.
7		(5) After the payment of the interstate commission fee
8		(except for the interstate commission fee on a
9		supplemental interstate simulcast, which shall be paid by
10		the host track and by each non-host licensee through the
11		host track) and all applicable State and local taxes,
12		except as provided in subsection (g) of Section 27 of this
13		Act, the remainder of moneys retained from simulcast
14		wagering pursuant to this subsection (g), and Section 26.2
15		shall be divided as follows:
16		(A) For interstate simulcast wagers made at a host
17		track, 50% to the host track and 50% to purses at the
18		host track.
19		(B) For wagers placed on interstate simulcast
20		races, supplemental simulcasts as defined in
21		subparagraphs (1) and (2), and separately pooled races
22		conducted outside of the State of Illinois made at a
23		non-host licensee, 25% to the host track, 25% to the
24		non-host licensee, and 50% to the purses at the host
25		track.
26		(6) Notwithstanding any provision in this Act to the

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1		contrary, non-host licensees who derive their licenses
2		from a track located in a county with a population in
3		excess of 230,000 and that borders the Mississippi River
4		may receive supplemental interstate simulcast races at all
5		times subject to Board approval, which shall be withheld
6		only upon a finding that a supplemental interstate
7		simulcast is clearly adverse to the integrity of racing.
8		(7) Effective January 1, 2017, notwithstanding any
9		provision of this Act to the contrary, after payment of
10		all applicable State and local taxes and interstate
11		commission fees, non-host licensees who derive their
12		licenses from a track located in a county with a
13		population in excess of 230,000 and that borders the
14		Mississippi River shall retain 50% of the retention from
15		interstate simulcast wagers and shall pay 50% to purses at
16		the track from which the non-host licensee derives its
17		license.
18		(7.1) Notwithstanding any other provision of this Act
19		to the contrary, if no standardbred racing is conducted at
20		a racetrack located in Madison County during any calendar
21		year beginning on or after January 1, 2002, all moneys
22		derived by that racetrack from simulcast wagering and
23		inter-track wagering that (1) are to be used for purses
24		and (2) are generated between the hours of 6:30 p.m. and
25		6:30 a.m. during that calendar year shall be paid as
26		follows:

HB5501 Engrossed - 1502 - LRB102 24698 AMC 33937 b
1		(A) If the licensee that conducts horse racing at
2		that racetrack requests from the Board at least as
3		many racing dates as were conducted in calendar year
4		2000, 80% shall be paid to its thoroughbred purse
5		account; and
6		(B) Twenty percent shall be deposited into the
7		Illinois Colt Stakes Purse Distribution Fund and shall
8		be paid to purses for standardbred races for Illinois
9		conceived and foaled horses conducted at any county
10		fairgrounds. The moneys deposited into the Fund
11		pursuant to this subparagraph (B) shall be deposited
12		within 2 weeks after the day they were generated,
13		shall be in addition to and not in lieu of any other
14		moneys paid to standardbred purses under this Act, and
15		shall not be commingled with other moneys paid into
16		that Fund. The moneys deposited pursuant to this
17		subparagraph (B) shall be allocated as provided by the
18		Department of Agriculture, with the advice and
19		assistance of the Illinois Standardbred Breeders Fund
20		Advisory Board.
21		(7.2) Notwithstanding any other provision of this Act
22		to the contrary, if no thoroughbred racing is conducted at
23		a racetrack located in Madison County during any calendar
24		year beginning on or after January 1, 2002, all moneys
25		derived by that racetrack from simulcast wagering and
26		inter-track wagering that (1) are to be used for purses

HB5501 Engrossed - 1503 - LRB102 24698 AMC 33937 b
1		and (2) are generated between the hours of 6:30 a.m. and
2		6:30 p.m. during that calendar year shall be deposited as
3		follows:
4		(A) If the licensee that conducts horse racing at
5		that racetrack requests from the Board at least as
6		many racing dates as were conducted in calendar year
7		2000, 80% shall be deposited into its standardbred
8		purse account; and
9		(B) Twenty percent shall be deposited into the
10		Illinois Colt Stakes Purse Distribution Fund. Moneys
11		deposited into the Illinois Colt Stakes Purse
12		Distribution Fund pursuant to this subparagraph (B)
13		shall be paid to Illinois conceived and foaled
14		thoroughbred breeders' programs and to thoroughbred
15		purses for races conducted at any county fairgrounds
16		for Illinois conceived and foaled horses at the
17		discretion of the Department of Agriculture, with the
18		advice and assistance of the Illinois Thoroughbred
19		Breeders Fund Advisory Board. The moneys deposited
20		into the Illinois Colt Stakes Purse Distribution Fund
21		pursuant to this subparagraph (B) shall be deposited
22		within 2 weeks after the day they were generated,
23		shall be in addition to and not in lieu of any other
24		moneys paid to thoroughbred purses under this Act, and
25		shall not be commingled with other moneys deposited
26		into that Fund.

HB5501 Engrossed - 1504 - LRB102 24698 AMC 33937 b
1		(8) Notwithstanding any provision in this Act to the
2		contrary, an organization licensee from a track located in
3		a county with a population in excess of 230,000 and that
4		borders the Mississippi River and its affiliated non-host
5		licensees shall not be entitled to share in any retention
6		generated on racing, inter-track wagering, or simulcast
7		wagering at any other Illinois wagering facility.
8		(8.1) Notwithstanding any provisions in this Act to
9		the contrary, if 2 organization licensees are conducting
10		standardbred race meetings concurrently between the hours
11		of 6:30 p.m. and 6:30 a.m., after payment of all
12		applicable State and local taxes and interstate commission
13		fees, the remainder of the amount retained from simulcast
14		wagering otherwise attributable to the host track and to
15		host track purses shall be split daily between the 2
16		organization licensees and the purses at the tracks of the
17		2 organization licensees, respectively, based on each
18		organization licensee's share of the total live handle for
19		that day, provided that this provision shall not apply to
20		any non-host licensee that derives its license from a
21		track located in a county with a population in excess of
22		230,000 and that borders the Mississippi River.
23		(9) (Blank).
24		(10) (Blank).
25		(11) (Blank).
26		(12) The Board shall have authority to compel all host

HB5501 Engrossed - 1505 - LRB102 24698 AMC 33937 b
1		tracks to receive the simulcast of any or all races
2		conducted at the Springfield or DuQuoin State fairgrounds
3		and include all such races as part of their simulcast
4		programs.
5		(13) Notwithstanding any other provision of this Act,
6		in the event that the total Illinois pari-mutuel handle on
7		Illinois horse races at all wagering facilities in any
8		calendar year is less than 75% of the total Illinois
9		pari-mutuel handle on Illinois horse races at all such
10		wagering facilities for calendar year 1994, then each
11		wagering facility that has an annual total Illinois
12		pari-mutuel handle on Illinois horse races that is less
13		than 75% of the total Illinois pari-mutuel handle on
14		Illinois horse races at such wagering facility for
15		calendar year 1994, shall be permitted to receive, from
16		any amount otherwise payable to the purse account at the
17		race track with which the wagering facility is affiliated
18		in the succeeding calendar year, an amount equal to 2% of
19		the differential in total Illinois pari-mutuel handle on
20		Illinois horse races at the wagering facility between that
21		calendar year in question and 1994 provided, however, that
22		a wagering facility shall not be entitled to any such
23		payment until the Board certifies in writing to the
24		wagering facility the amount to which the wagering
25		facility is entitled and a schedule for payment of the
26		amount to the wagering facility, based on: (i) the racing

HB5501 Engrossed - 1506 - LRB102 24698 AMC 33937 b
1		dates awarded to the race track affiliated with the
2		wagering facility during the succeeding year; (ii) the
3		sums available or anticipated to be available in the purse
4		account of the race track affiliated with the wagering
5		facility for purses during the succeeding year; and (iii)
6		the need to ensure reasonable purse levels during the
7		payment period. The Board's certification shall be
8		provided no later than January 31 of the succeeding year.
9		In the event a wagering facility entitled to a payment
10		under this paragraph (13) is affiliated with a race track
11		that maintains purse accounts for both standardbred and
12		thoroughbred racing, the amount to be paid to the wagering
13		facility shall be divided between each purse account pro
14		rata, based on the amount of Illinois handle on Illinois
15		standardbred and thoroughbred racing respectively at the
16		wagering facility during the previous calendar year.
17		Annually, the General Assembly shall appropriate
18		sufficient funds from the General Revenue Fund to the
19		Department of Agriculture for payment into the
20		thoroughbred and standardbred horse racing purse accounts
21		at Illinois pari-mutuel tracks. The amount paid to each
22		purse account shall be the amount certified by the
23		Illinois Racing Board in January to be transferred from
24		each account to each eligible racing facility in
25		accordance with the provisions of this Section. Beginning
26		in the calendar year in which an organization licensee

HB5501 Engrossed - 1507 - LRB102 24698 AMC 33937 b
1		that is eligible to receive payment under this paragraph
2		(13) begins to receive funds from gaming pursuant to an
3		organization gaming license issued under the Illinois
4		Gambling Act, the amount of the payment due to all
5		wagering facilities licensed under that organization
6		licensee under this paragraph (13) shall be the amount
7		certified by the Board in January of that year. An
8		organization licensee and its related wagering facilities
9		shall no longer be able to receive payments under this
10		paragraph (13) beginning in the year subsequent to the
11		first year in which the organization licensee begins to
12		receive funds from gaming pursuant to an organization
13		gaming license issued under the Illinois Gambling Act.
14		(h) The Board may approve and license the conduct of
15		inter-track wagering and simulcast wagering by inter-track
16		wagering licensees and inter-track wagering location licensees
17		subject to the following terms and conditions:
18		(1) Any person licensed to conduct a race meeting (i)
19		at a track where 60 or more days of racing were conducted
20		during the immediately preceding calendar year or where
21		over the 5 immediately preceding calendar years an average
22		of 30 or more days of racing were conducted annually may be
23		issued an inter-track wagering license; (ii) at a track
24		located in a county that is bounded by the Mississippi
25		River, which has a population of less than 150,000
26		according to the 1990 decennial census, and an average of

HB5501 Engrossed - 1508 - LRB102 24698 AMC 33937 b
1		at least 60 days of racing per year between 1985 and 1993
2		may be issued an inter-track wagering license; (iii) at a
3		track awarded standardbred racing dates; or (iv) at a
4		track located in Madison County that conducted at least
5		100 days of live racing during the immediately preceding
6		calendar year may be issued an inter-track wagering
7		license, unless a lesser schedule of live racing is the
8		result of (A) weather, unsafe track conditions, or other
9		acts of God; (B) an agreement between the organization
10		licensee and the associations representing the largest
11		number of owners, trainers, jockeys, or standardbred
12		drivers who race horses at that organization licensee's
13		racing meeting; or (C) a finding by the Board of
14		extraordinary circumstances and that it was in the best
15		interest of the public and the sport to conduct fewer than
16		100 days of live racing. Any such person having operating
17		control of the racing facility may receive inter-track
18		wagering location licenses. An eligible race track located
19		in a county that has a population of more than 230,000 and
20		that is bounded by the Mississippi River may establish up
21		to 9 inter-track wagering locations, an eligible race
22		track located in Stickney Township in Cook County may
23		establish up to 16 inter-track wagering locations, and an
24		eligible race track located in Palatine Township in Cook
25		County may establish up to 18 inter-track wagering
26		locations. An eligible racetrack conducting standardbred

HB5501 Engrossed - 1509 - LRB102 24698 AMC 33937 b
1		racing may have up to 16 inter-track wagering locations.
2		An application for said license shall be filed with the
3		Board prior to such dates as may be fixed by the Board.
4		With an application for an inter-track wagering location
5		license there shall be delivered to the Board a certified
6		check or bank draft payable to the order of the Board for
7		an amount equal to $500. The application shall be on forms
8		prescribed and furnished by the Board. The application
9		shall comply with all other rules, regulations and
10		conditions imposed by the Board in connection therewith.
11		(2) The Board shall examine the applications with
12		respect to their conformity with this Act and the rules
13		and regulations imposed by the Board. If found to be in
14		compliance with the Act and rules and regulations of the
15		Board, the Board may then issue a license to conduct
16		inter-track wagering and simulcast wagering to such
17		applicant. All such applications shall be acted upon by
18		the Board at a meeting to be held on such date as may be
19		fixed by the Board.
20		(3) In granting licenses to conduct inter-track
21		wagering and simulcast wagering, the Board shall give due
22		consideration to the best interests of the public, of
23		horse racing, and of maximizing revenue to the State.
24		(4) Prior to the issuance of a license to conduct
25		inter-track wagering and simulcast wagering, the applicant
26		shall file with the Board a bond payable to the State of

HB5501 Engrossed - 1510 - LRB102 24698 AMC 33937 b
1		Illinois in the sum of $50,000, executed by the applicant
2		and a surety company or companies authorized to do
3		business in this State, and conditioned upon (i) the
4		payment by the licensee of all taxes due under Section 27
5		or 27.1 and any other monies due and payable under this
6		Act, and (ii) distribution by the licensee, upon
7		presentation of the winning ticket or tickets, of all sums
8		payable to the patrons of pari-mutuel pools.
9		(5) Each license to conduct inter-track wagering and
10		simulcast wagering shall specify the person to whom it is
11		issued, the dates on which such wagering is permitted, and
12		the track or location where the wagering is to be
13		conducted.
14		(6) All wagering under such license is subject to this
15		Act and to the rules and regulations from time to time
16		prescribed by the Board, and every such license issued by
17		the Board shall contain a recital to that effect.
18		(7) An inter-track wagering licensee or inter-track
19		wagering location licensee may accept wagers at the track
20		or location where it is licensed, or as otherwise provided
21		under this Act.
22		(8) Inter-track wagering or simulcast wagering shall
23		not be conducted at any track less than 4 miles from a
24		track at which a racing meeting is in progress.
25		(8.1) Inter-track wagering location licensees who
26		derive their licenses from a particular organization

HB5501 Engrossed - 1511 - LRB102 24698 AMC 33937 b
1		licensee shall conduct inter-track wagering and simulcast
2		wagering only at locations that are within 160 miles of
3		that race track where the particular organization licensee
4		is licensed to conduct racing. However, inter-track
5		wagering and simulcast wagering shall not be conducted by
6		those licensees at any location within 5 miles of any race
7		track at which a horse race meeting has been licensed in
8		the current year, unless the person having operating
9		control of such race track has given its written consent
10		to such inter-track wagering location licensees, which
11		consent must be filed with the Board at or prior to the
12		time application is made. In the case of any inter-track
13		wagering location licensee initially licensed after
14		December 31, 2013, inter-track wagering and simulcast
15		wagering shall not be conducted by those inter-track
16		wagering location licensees that are located outside the
17		City of Chicago at any location within 8 miles of any race
18		track at which a horse race meeting has been licensed in
19		the current year, unless the person having operating
20		control of such race track has given its written consent
21		to such inter-track wagering location licensees, which
22		consent must be filed with the Board at or prior to the
23		time application is made.
24		(8.2) Inter-track wagering or simulcast wagering shall
25		not be conducted by an inter-track wagering location
26		licensee at any location within 100 feet of an existing

HB5501 Engrossed - 1512 - LRB102 24698 AMC 33937 b
1		church, an existing elementary or secondary public school,
2		or an existing elementary or secondary private school
3		registered with or recognized by the State Board of
4		Education. The distance of 100 feet shall be measured to
5		the nearest part of any building used for worship
6		services, education programs, or conducting inter-track
7		wagering by an inter-track wagering location licensee, and
8		not to property boundaries. However, inter-track wagering
9		or simulcast wagering may be conducted at a site within
10		100 feet of a church or school if such church or school has
11		been erected or established after the Board issues the
12		original inter-track wagering location license at the site
13		in question. Inter-track wagering location licensees may
14		conduct inter-track wagering and simulcast wagering only
15		in areas that are zoned for commercial or manufacturing
16		purposes or in areas for which a special use has been
17		approved by the local zoning authority. However, no
18		license to conduct inter-track wagering and simulcast
19		wagering shall be granted by the Board with respect to any
20		inter-track wagering location within the jurisdiction of
21		any local zoning authority which has, by ordinance or by
22		resolution, prohibited the establishment of an inter-track
23		wagering location within its jurisdiction. However,
24		inter-track wagering and simulcast wagering may be
25		conducted at a site if such ordinance or resolution is
26		enacted after the Board licenses the original inter-track

HB5501 Engrossed - 1513 - LRB102 24698 AMC 33937 b
1		wagering location licensee for the site in question.
2		(9) (Blank).
3		(10) An inter-track wagering licensee or an
4		inter-track wagering location licensee may retain, subject
5		to the payment of the privilege taxes and the purses, an
6		amount not to exceed 17% of all money wagered. Each
7		program of racing conducted by each inter-track wagering
8		licensee or inter-track wagering location licensee shall
9		be considered a separate racing day for the purpose of
10		determining the daily handle and computing the privilege
11		tax or pari-mutuel tax on such daily handle as provided in
12		Section 27.
13		(10.1) Except as provided in subsection (g) of Section
14		27 of this Act, inter-track wagering location licensees
15		shall pay 1% of the pari-mutuel handle at each location to
16		the municipality in which such location is situated and 1%
17		of the pari-mutuel handle at each location to the county
18		in which such location is situated. In the event that an
19		inter-track wagering location licensee is situated in an
20		unincorporated area of a county, such licensee shall pay
21		2% of the pari-mutuel handle from such location to such
22		county. Inter-track wagering location licensees must pay
23		the handle percentage required under this paragraph to the
24		municipality and county no later than the 20th of the
25		month following the month such handle was generated.
26		(10.2) Notwithstanding any other provision of this

HB5501 Engrossed - 1514 - LRB102 24698 AMC 33937 b
1		Act, with respect to inter-track wagering at a race track
2		located in a county that has a population of more than
3		230,000 and that is bounded by the Mississippi River ("the
4		first race track"), or at a facility operated by an
5		inter-track wagering licensee or inter-track wagering
6		location licensee that derives its license from the
7		organization licensee that operates the first race track,
8		on races conducted at the first race track or on races
9		conducted at another Illinois race track and
10		simultaneously televised to the first race track or to a
11		facility operated by an inter-track wagering licensee or
12		inter-track wagering location licensee that derives its
13		license from the organization licensee that operates the
14		first race track, those moneys shall be allocated as
15		follows:
16		(A) That portion of all moneys wagered on
17		standardbred racing that is required under this Act to
18		be paid to purses shall be paid to purses for
19		standardbred races.
20		(B) That portion of all moneys wagered on
21		thoroughbred racing that is required under this Act to
22		be paid to purses shall be paid to purses for
23		thoroughbred races.
24		(11) (A) After payment of the privilege or pari-mutuel
25		tax, any other applicable taxes, and the costs and
26		expenses in connection with the gathering, transmission,

HB5501 Engrossed - 1515 - LRB102 24698 AMC 33937 b
1		and dissemination of all data necessary to the conduct of
2		inter-track wagering, the remainder of the monies retained
3		under either Section 26 or Section 26.2 of this Act by the
4		inter-track wagering licensee on inter-track wagering
5		shall be allocated with 50% to be split between the 2
6		participating licensees and 50% to purses, except that an
7		inter-track wagering licensee that derives its license
8		from a track located in a county with a population in
9		excess of 230,000 and that borders the Mississippi River
10		shall not divide any remaining retention with the Illinois
11		organization licensee that provides the race or races, and
12		an inter-track wagering licensee that accepts wagers on
13		races conducted by an organization licensee that conducts
14		a race meet in a county with a population in excess of
15		230,000 and that borders the Mississippi River shall not
16		divide any remaining retention with that organization
17		licensee.
18		(B) From the sums permitted to be retained pursuant to
19		this Act each inter-track wagering location licensee shall
20		pay (i) the privilege or pari-mutuel tax to the State;
21		(ii) 4.75% of the pari-mutuel handle on inter-track
22		wagering at such location on races as purses, except that
23		an inter-track wagering location licensee that derives its
24		license from a track located in a county with a population
25		in excess of 230,000 and that borders the Mississippi
26		River shall retain all purse moneys for its own purse

HB5501 Engrossed - 1516 - LRB102 24698 AMC 33937 b
1		account consistent with distribution set forth in this
2		subsection (h), and inter-track wagering location
3		licensees that accept wagers on races conducted by an
4		organization licensee located in a county with a
5		population in excess of 230,000 and that borders the
6		Mississippi River shall distribute all purse moneys to
7		purses at the operating host track; (iii) until January 1,
8		2000, except as provided in subsection (g) of Section 27
9		of this Act, 1% of the pari-mutuel handle wagered on
10		inter-track wagering and simulcast wagering at each
11		inter-track wagering location licensee facility to the
12		Horse Racing Tax Allocation Fund, provided that, to the
13		extent the total amount collected and distributed to the
14		Horse Racing Tax Allocation Fund under this subsection (h)
15		during any calendar year exceeds the amount collected and
16		distributed to the Horse Racing Tax Allocation Fund during
17		calendar year 1994, that excess amount shall be
18		redistributed (I) to all inter-track wagering location
19		licensees, based on each licensee's pro rata share of the
20		total handle from inter-track wagering and simulcast
21		wagering for all inter-track wagering location licensees
22		during the calendar year in which this provision is
23		applicable; then (II) the amounts redistributed to each
24		inter-track wagering location licensee as described in
25		subpart (I) shall be further redistributed as provided in
26		subparagraph (B) of paragraph (5) of subsection (g) of

HB5501 Engrossed - 1517 - LRB102 24698 AMC 33937 b
1		this Section 26 provided first, that the shares of those
2		amounts, which are to be redistributed to the host track
3		or to purses at the host track under subparagraph (B) of
4		paragraph (5) of subsection (g) of this Section 26 shall
5		be redistributed based on each host track's pro rata share
6		of the total inter-track wagering and simulcast wagering
7		handle at all host tracks during the calendar year in
8		question, and second, that any amounts redistributed as
9		described in part (I) to an inter-track wagering location
10		licensee that accepts wagers on races conducted by an
11		organization licensee that conducts a race meet in a
12		county with a population in excess of 230,000 and that
13		borders the Mississippi River shall be further
14		redistributed, effective January 1, 2017, as provided in
15		paragraph (7) of subsection (g) of this Section 26, with
16		the portion of that further redistribution allocated to
17		purses at that organization licensee to be divided between
18		standardbred purses and thoroughbred purses based on the
19		amounts otherwise allocated to purses at that organization
20		licensee during the calendar year in question; and (iv) 8%
21		of the pari-mutuel handle on inter-track wagering wagered
22		at such location to satisfy all costs and expenses of
23		conducting its wagering. The remainder of the monies
24		retained by the inter-track wagering location licensee
25		shall be allocated 40% to the location licensee and 60% to
26		the organization licensee which provides the Illinois

HB5501 Engrossed - 1518 - LRB102 24698 AMC 33937 b
1		races to the location, except that an inter-track wagering
2		location licensee that derives its license from a track
3		located in a county with a population in excess of 230,000
4		and that borders the Mississippi River shall not divide
5		any remaining retention with the organization licensee
6		that provides the race or races and an inter-track
7		wagering location licensee that accepts wagers on races
8		conducted by an organization licensee that conducts a race
9		meet in a county with a population in excess of 230,000 and
10		that borders the Mississippi River shall not divide any
11		remaining retention with the organization licensee.
12		Notwithstanding the provisions of clauses (ii) and (iv) of
13		this paragraph, in the case of the additional inter-track
14		wagering location licenses authorized under paragraph (1)
15		of this subsection (h) by Public Act 87-110, those
16		licensees shall pay the following amounts as purses:
17		during the first 12 months the licensee is in operation,
18		5.25% of the pari-mutuel handle wagered at the location on
19		races; during the second 12 months, 5.25%; during the
20		third 12 months, 5.75%; during the fourth 12 months,
21		6.25%; and during the fifth 12 months and thereafter,
22		6.75%. The following amounts shall be retained by the
23		licensee to satisfy all costs and expenses of conducting
24		its wagering: during the first 12 months the licensee is
25		in operation, 8.25% of the pari-mutuel handle wagered at
26		the location; during the second 12 months, 8.25%; during

HB5501 Engrossed - 1519 - LRB102 24698 AMC 33937 b
1		the third 12 months, 7.75%; during the fourth 12 months,
2		7.25%; and during the fifth 12 months and thereafter,
3		6.75%. For additional inter-track wagering location
4		licensees authorized under Public Act 89-16, purses for
5		the first 12 months the licensee is in operation shall be
6		5.75% of the pari-mutuel wagered at the location, purses
7		for the second 12 months the licensee is in operation
8		shall be 6.25%, and purses thereafter shall be 6.75%. For
9		additional inter-track location licensees authorized under
10		Public Act 89-16, the licensee shall be allowed to retain
11		to satisfy all costs and expenses: 7.75% of the
12		pari-mutuel handle wagered at the location during its
13		first 12 months of operation, 7.25% during its second 12
14		months of operation, and 6.75% thereafter.
15		(C) There is hereby created the Horse Racing Tax
16		Allocation Fund which shall remain in existence until
17		December 31, 1999. Moneys remaining in the Fund after
18		December 31, 1999 shall be paid into the General Revenue
19		Fund. Until January 1, 2000, all monies paid into the
20		Horse Racing Tax Allocation Fund pursuant to this
21		paragraph (11) by inter-track wagering location licensees
22		located in park districts of 500,000 population or less,
23		or in a municipality that is not included within any park
24		district but is included within a conservation district
25		and is the county seat of a county that (i) is contiguous
26		to the state of Indiana and (ii) has a 1990 population of

HB5501 Engrossed - 1520 - LRB102 24698 AMC 33937 b
1		88,257 according to the United States Bureau of the
2		Census, and operating on May 1, 1994 shall be allocated by
3		appropriation as follows:
4		Two-sevenths to the Department of Agriculture.
5		Fifty percent of this two-sevenths shall be used to
6		promote the Illinois horse racing and breeding
7		industry, and shall be distributed by the Department
8		of Agriculture upon the advice of a 9-member committee
9		appointed by the Governor consisting of the following
10		members: the Director of Agriculture, who shall serve
11		as chairman; 2 representatives of organization
12		licensees conducting thoroughbred race meetings in
13		this State, recommended by those licensees; 2
14		representatives of organization licensees conducting
15		standardbred race meetings in this State, recommended
16		by those licensees; a representative of the Illinois
17		Thoroughbred Breeders and Owners Foundation,
18		recommended by that Foundation; a representative of
19		the Illinois Standardbred Owners and Breeders
20		Association, recommended by that Association; a
21		representative of the Horsemen's Benevolent and
22		Protective Association or any successor organization
23		thereto established in Illinois comprised of the
24		largest number of owners and trainers, recommended by
25		that Association or that successor organization; and a
26		representative of the Illinois Harness Horsemen's

HB5501 Engrossed - 1521 - LRB102 24698 AMC 33937 b
1		Association, recommended by that Association.
2		Committee members shall serve for terms of 2 years,
3		commencing January 1 of each even-numbered year. If a
4		representative of any of the above-named entities has
5		not been recommended by January 1 of any even-numbered
6		year, the Governor shall appoint a committee member to
7		fill that position. Committee members shall receive no
8		compensation for their services as members but shall
9		be reimbursed for all actual and necessary expenses
10		and disbursements incurred in the performance of their
11		official duties. The remaining 50% of this
12		two-sevenths shall be distributed to county fairs for
13		premiums and rehabilitation as set forth in the
14		Agricultural Fair Act;
15		Four-sevenths to park districts or municipalities
16		that do not have a park district of 500,000 population
17		or less for museum purposes (if an inter-track
18		wagering location licensee is located in such a park
19		district) or to conservation districts for museum
20		purposes (if an inter-track wagering location licensee
21		is located in a municipality that is not included
22		within any park district but is included within a
23		conservation district and is the county seat of a
24		county that (i) is contiguous to the state of Indiana
25		and (ii) has a 1990 population of 88,257 according to
26		the United States Bureau of the Census, except that if

HB5501 Engrossed - 1522 - LRB102 24698 AMC 33937 b
1		the conservation district does not maintain a museum,
2		the monies shall be allocated equally between the
3		county and the municipality in which the inter-track
4		wagering location licensee is located for general
5		purposes) or to a municipal recreation board for park
6		purposes (if an inter-track wagering location licensee
7		is located in a municipality that is not included
8		within any park district and park maintenance is the
9		function of the municipal recreation board and the
10		municipality has a 1990 population of 9,302 according
11		to the United States Bureau of the Census); provided
12		that the monies are distributed to each park district
13		or conservation district or municipality that does not
14		have a park district in an amount equal to
15		four-sevenths of the amount collected by each
16		inter-track wagering location licensee within the park
17		district or conservation district or municipality for
18		the Fund. Monies that were paid into the Horse Racing
19		Tax Allocation Fund before August 9, 1991 (the
20		effective date of Public Act 87-110) by an inter-track
21		wagering location licensee located in a municipality
22		that is not included within any park district but is
23		included within a conservation district as provided in
24		this paragraph shall, as soon as practicable after
25		August 9, 1991 (the effective date of Public Act
26		87-110), be allocated and paid to that conservation

HB5501 Engrossed - 1523 - LRB102 24698 AMC 33937 b
1		district as provided in this paragraph. Any park
2		district or municipality not maintaining a museum may
3		deposit the monies in the corporate fund of the park
4		district or municipality where the inter-track
5		wagering location is located, to be used for general
6		purposes; and
7		One-seventh to the Agricultural Premium Fund to be
8		used for distribution to agricultural home economics
9		extension councils in accordance with "An Act in
10		relation to additional support and finances for the
11		Agricultural and Home Economic Extension Councils in
12		the several counties of this State and making an
13		appropriation therefor", approved July 24, 1967.
14		Until January 1, 2000, all other monies paid into the
15		Horse Racing Tax Allocation Fund pursuant to this
16		paragraph (11) shall be allocated by appropriation as
17		follows:
18		Two-sevenths to the Department of Agriculture.
19		Fifty percent of this two-sevenths shall be used to
20		promote the Illinois horse racing and breeding
21		industry, and shall be distributed by the Department
22		of Agriculture upon the advice of a 9-member committee
23		appointed by the Governor consisting of the following
24		members: the Director of Agriculture, who shall serve
25		as chairman; 2 representatives of organization
26		licensees conducting thoroughbred race meetings in

HB5501 Engrossed - 1524 - LRB102 24698 AMC 33937 b
1		this State, recommended by those licensees; 2
2		representatives of organization licensees conducting
3		standardbred race meetings in this State, recommended
4		by those licensees; a representative of the Illinois
5		Thoroughbred Breeders and Owners Foundation,
6		recommended by that Foundation; a representative of
7		the Illinois Standardbred Owners and Breeders
8		Association, recommended by that Association; a
9		representative of the Horsemen's Benevolent and
10		Protective Association or any successor organization
11		thereto established in Illinois comprised of the
12		largest number of owners and trainers, recommended by
13		that Association or that successor organization; and a
14		representative of the Illinois Harness Horsemen's
15		Association, recommended by that Association.
16		Committee members shall serve for terms of 2 years,
17		commencing January 1 of each even-numbered year. If a
18		representative of any of the above-named entities has
19		not been recommended by January 1 of any even-numbered
20		year, the Governor shall appoint a committee member to
21		fill that position. Committee members shall receive no
22		compensation for their services as members but shall
23		be reimbursed for all actual and necessary expenses
24		and disbursements incurred in the performance of their
25		official duties. The remaining 50% of this
26		two-sevenths shall be distributed to county fairs for

HB5501 Engrossed - 1525 - LRB102 24698 AMC 33937 b
1		premiums and rehabilitation as set forth in the
2		Agricultural Fair Act;
3		Four-sevenths to museums and aquariums located in
4		park districts of over 500,000 population; provided
5		that the monies are distributed in accordance with the
6		previous year's distribution of the maintenance tax
7		for such museums and aquariums as provided in Section
8		2 of the Park District Aquarium and Museum Act; and
9		One-seventh to the Agricultural Premium Fund to be
10		used for distribution to agricultural home economics
11		extension councils in accordance with "An Act in
12		relation to additional support and finances for the
13		Agricultural and Home Economic Extension Councils in
14		the several counties of this State and making an
15		appropriation therefor", approved July 24, 1967. This
16		subparagraph (C) shall be inoperative and of no force
17		and effect on and after January 1, 2000.
18		(D) Except as provided in paragraph (11) of this
19		subsection (h), with respect to purse allocation from
20		inter-track wagering, the monies so retained shall be
21		divided as follows:
22		(i) If the inter-track wagering licensee,
23		except an inter-track wagering licensee that
24		derives its license from an organization licensee
25		located in a county with a population in excess of
26		230,000 and bounded by the Mississippi River, is

HB5501 Engrossed - 1526 - LRB102 24698 AMC 33937 b
1		not conducting its own race meeting during the
2		same dates, then the entire purse allocation shall
3		be to purses at the track where the races wagered
4		on are being conducted.
5		(ii) If the inter-track wagering licensee,
6		except an inter-track wagering licensee that
7		derives its license from an organization licensee
8		located in a county with a population in excess of
9		230,000 and bounded by the Mississippi River, is
10		also conducting its own race meeting during the
11		same dates, then the purse allocation shall be as
12		follows: 50% to purses at the track where the
13		races wagered on are being conducted; 50% to
14		purses at the track where the inter-track wagering
15		licensee is accepting such wagers.
16		(iii) If the inter-track wagering is being
17		conducted by an inter-track wagering location
18		licensee, except an inter-track wagering location
19		licensee that derives its license from an
20		organization licensee located in a county with a
21		population in excess of 230,000 and bounded by the
22		Mississippi River, the entire purse allocation for
23		Illinois races shall be to purses at the track
24		where the race meeting being wagered on is being
25		held.
26		(12) The Board shall have all powers necessary and

HB5501 Engrossed - 1527 - LRB102 24698 AMC 33937 b
1		proper to fully supervise and control the conduct of
2		inter-track wagering and simulcast wagering by inter-track
3		wagering licensees and inter-track wagering location
4		licensees, including, but not limited to, the following:
5		(A) The Board is vested with power to promulgate
6		reasonable rules and regulations for the purpose of
7		administering the conduct of this wagering and to
8		prescribe reasonable rules, regulations and conditions
9		under which such wagering shall be held and conducted.
10		Such rules and regulations are to provide for the
11		prevention of practices detrimental to the public
12		interest and for the best interests of said wagering
13		and to impose penalties for violations thereof.
14		(B) The Board, and any person or persons to whom it
15		delegates this power, is vested with the power to
16		enter the facilities of any licensee to determine
17		whether there has been compliance with the provisions
18		of this Act and the rules and regulations relating to
19		the conduct of such wagering.
20		(C) The Board, and any person or persons to whom it
21		delegates this power, may eject or exclude from any
22		licensee's facilities, any person whose conduct or
23		reputation is such that his presence on such premises
24		may, in the opinion of the Board, call into the
25		question the honesty and integrity of, or interfere
26		with the orderly conduct of such wagering; provided,

HB5501 Engrossed - 1528 - LRB102 24698 AMC 33937 b
1		however, that no person shall be excluded or ejected
2		from such premises solely on the grounds of race,
3		color, creed, national origin, ancestry, or sex.
4		(D) (Blank).
5		(E) The Board is vested with the power to appoint
6		delegates to execute any of the powers granted to it
7		under this Section for the purpose of administering
8		this wagering and any rules and regulations
9		promulgated in accordance with this Act.
10		(F) The Board shall name and appoint a State
11		director of this wagering who shall be a
12		representative of the Board and whose duty it shall be
13		to supervise the conduct of inter-track wagering as
14		may be provided for by the rules and regulations of the
15		Board; such rules and regulation shall specify the
16		method of appointment and the Director's powers,
17		authority and duties.
18		(G) The Board is vested with the power to impose
19		civil penalties of up to $5,000 against individuals
20		and up to $10,000 against licensees for each violation
21		of any provision of this Act relating to the conduct of
22		this wagering, any rules adopted by the Board, any
23		order of the Board or any other action which in the
24		Board's discretion, is a detriment or impediment to
25		such wagering.
26		(13) The Department of Agriculture may enter into

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1		agreements with licensees authorizing such licensees to
2		conduct inter-track wagering on races to be held at the
3		licensed race meetings conducted by the Department of
4		Agriculture. Such agreement shall specify the races of the
5		Department of Agriculture's licensed race meeting upon
6		which the licensees will conduct wagering. In the event
7		that a licensee conducts inter-track pari-mutuel wagering
8		on races from the Illinois State Fair or DuQuoin State
9		Fair which are in addition to the licensee's previously
10		approved racing program, those races shall be considered a
11		separate racing day for the purpose of determining the
12		daily handle and computing the privilege or pari-mutuel
13		tax on that daily handle as provided in Sections 27 and
14		27.1. Such agreements shall be approved by the Board
15		before such wagering may be conducted. In determining
16		whether to grant approval, the Board shall give due
17		consideration to the best interests of the public and of
18		horse racing. The provisions of paragraphs (1), (8),
19		(8.1), and (8.2) of subsection (h) of this Section which
20		are not specified in this paragraph (13) shall not apply
21		to licensed race meetings conducted by the Department of
22		Agriculture at the Illinois State Fair in Sangamon County
23		or the DuQuoin State Fair in Perry County, or to any
24		wagering conducted on those race meetings.
25		(14) An inter-track wagering location license
26		authorized by the Board in 2016 that is owned and operated

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1		by a race track in Rock Island County shall be transferred
2		to a commonly owned race track in Cook County on August 12,
3		2016 (the effective date of Public Act 99-757). The
4		licensee shall retain its status in relation to purse
5		distribution under paragraph (11) of this subsection (h)
6		following the transfer to the new entity. The pari-mutuel
7		tax credit under Section 32.1 shall not be applied toward
8		any pari-mutuel tax obligation of the inter-track wagering
9		location licensee of the license that is transferred under
10		this paragraph (14).
11		(i) Notwithstanding the other provisions of this Act, the
12		conduct of wagering at wagering facilities is authorized on
13		all days, except as limited by subsection (b) of Section 19 of
14		this Act.
15		(Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
16		101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff.
17		8-20-21; revised 12-2-21.)
18		(230 ILCS 5/28) (from Ch. 8, par. 37-28)
19		Sec. 28. Except as provided in subsection (g) of Section
20		27 of this Act, moneys collected shall be distributed
21		according to the provisions of this Section 28.
22		(a) Thirty per cent of the total of all monies received by
23		the State as privilege taxes shall be paid into the
24		Metropolitan Exposition, Auditorium and Office Building Fund
25		in the State treasury Treasury until such Fund is repealed,

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1		and thereafter shall be paid into the General Revenue Fund in
2		the State treasury Treasury.
3		(b) In addition, 4.5% of the total of all monies received
4		by the State as privilege taxes shall be paid into the State
5		treasury into the Metropolitan Exposition, Auditorium and
6		Office Building Fund until such Fund is repealed, and
7		thereafter shall be paid into the General Revenue Fund in the
8		State treasury Treasury.
9		(c) Fifty per cent of the total of all monies received by
10		the State as privilege taxes under the provisions of this Act
11		shall be paid into the Agricultural Premium Fund.
12		(d) Seven per cent of the total of all monies received by
13		the State as privilege taxes shall be paid into the Fair and
14		Exposition Fund in the State treasury; provided, however, that
15		when all bonds issued prior to July 1, 1984 by the Metropolitan
16		Fair and Exposition Authority shall have been paid or payment
17		shall have been provided for upon a refunding of those bonds,
18		thereafter 1/12 of $1,665,662 of such monies shall be paid
19		each month into the Build Illinois Fund, and the remainder
20		into the Fair and Exposition Fund. All excess monies shall be
21		allocated to the Department of Agriculture for distribution to
22		county fairs for premiums and rehabilitation as set forth in
23		the Agricultural Fair Act.
24		(e) The monies provided for in Section 30 shall be paid
25		into the Illinois Thoroughbred Breeders Fund.
26		(f) The monies provided for in Section 31 shall be paid

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1		into the Illinois Standardbred Breeders Fund.
2		(g) Until January 1, 2000, that part representing 1/2 of
3		the total breakage in Thoroughbred, Harness, Appaloosa,
4		Arabian, and Quarter Horse racing in the State shall be paid
5		into the Illinois Race Track Improvement Fund as established
6		in Section 32.
7		(h) All other monies received by the Board under this Act
8		shall be paid into the Horse Racing Fund.
9		(i) The salaries of the Board members, secretary,
10		stewards, directors of mutuels, veterinarians,
11		representatives, accountants, clerks, stenographers,
12		inspectors and other employees of the Board, and all expenses
13		of the Board incident to the administration of this Act,
14		including, but not limited to, all expenses and salaries
15		incident to the taking of saliva and urine samples in
16		accordance with the rules and regulations of the Board shall
17		be paid out of the Agricultural Premium Fund.
18		(j) The Agricultural Premium Fund shall also be used:
19		(1) for the expenses of operating the Illinois State
20		Fair and the DuQuoin State Fair, including the payment of
21		prize money or premiums;
22		(2) for the distribution to county fairs, vocational
23		agriculture section fairs, agricultural societies, and
24		agricultural extension clubs in accordance with the
25		Agricultural Fair Act, as amended;
26		(3) for payment of prize monies and premiums awarded

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1		and for expenses incurred in connection with the
2		International Livestock Exposition and the Mid-Continent
3		Livestock Exposition held in Illinois, which premiums, and
4		awards must be approved, and paid by the Illinois
5		Department of Agriculture;
6		(4) for personal service of county agricultural
7		advisors and county home advisors;
8		(5) for distribution to agricultural home economic
9		extension councils in accordance with "An Act in relation
10		to additional support and finance for the Agricultural and
11		Home Economic Extension Councils in the several counties
12		in this State and making an appropriation therefor",
13		approved July 24, 1967, as amended;
14		(6) for research on equine disease, including a
15		development center therefor;
16		(7) for training scholarships for study on equine
17		diseases to students at the University of Illinois College
18		of Veterinary Medicine;
19		(8) for the rehabilitation, repair and maintenance of
20		the Illinois and DuQuoin State Fair Grounds and the
21		structures and facilities thereon and the construction of
22		permanent improvements on such Fair Grounds, including
23		such structures, facilities and property located on such
24		State Fair Grounds which are under the custody and control
25		of the Department of Agriculture;
26		(9) (blank);

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1		(10) for the expenses of the Department of Commerce
2		and Economic Opportunity under Sections 605-620, 605-625,
3		and 605-630 of the Department of Commerce and Economic
4		Opportunity Law;
5		(11) for remodeling, expanding, and reconstructing
6		facilities destroyed by fire of any Fair and Exposition
7		Authority in counties with a population of 1,000,000 or
8		more inhabitants;
9		(12) for the purpose of assisting in the care and
10		general rehabilitation of veterans with disabilities of
11		any war and their surviving spouses and orphans;
12		(13) for expenses of the Illinois State Police for
13		duties performed under this Act;
14		(14) for the Department of Agriculture for soil
15		surveys and soil and water conservation purposes;
16		(15) for the Department of Agriculture for grants to
17		the City of Chicago for conducting the Chicagofest;
18		(16) for the State Comptroller for grants and
19		operating expenses authorized by the Illinois Global
20		Partnership Act.
21		(k) To the extent that monies paid by the Board to the
22		Agricultural Premium Fund are in the opinion of the Governor
23		in excess of the amount necessary for the purposes herein
24		stated, the Governor shall notify the Comptroller and the
25		State Treasurer of such fact, who, upon receipt of such
26		notification, shall transfer such excess monies from the

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1		Agricultural Premium Fund to the General Revenue Fund.
2		(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
3		revised 10-14-21.)
4		Section 495. The Illinois Gambling Act is amended by
5		changing Sections 6 and 18 as follows:
6		(230 ILCS 10/6) (from Ch. 120, par. 2406)
7		Sec. 6. Application for owners license.
8		(a) A qualified person may apply to the Board for an owners
9		license to conduct a gambling operation as provided in this
10		Act. The application shall be made on forms provided by the
11		Board and shall contain such information as the Board
12		prescribes, including, but not limited to, the identity of the
13		riverboat on which such gambling operation is to be conducted,
14		if applicable, and the exact location where such riverboat or
15		casino will be located, a certification that the riverboat
16		will be registered under this Act at all times during which
17		gambling operations are conducted on board, detailed
18		information regarding the ownership and management of the
19		applicant, and detailed personal information regarding the
20		applicant. Any application for an owners license to be
21		re-issued on or after June 1, 2003 shall also include the
22		applicant's license bid in a form prescribed by the Board.
23		Information provided on the application shall be used as a
24		basis for a thorough background investigation which the Board

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1		shall conduct with respect to each applicant. An incomplete
2		application shall be cause for denial of a license by the
3		Board.
4		(a-5) In addition to any other information required under
5		this Section, each application for an owners license must
6		include the following information:
7		(1) The history and success of the applicant and each
8		person and entity disclosed under subsection (c) of this
9		Section in developing tourism facilities ancillary to
10		gaming, if applicable.
11		(2) The likelihood that granting a license to the
12		applicant will lead to the creation of quality, living
13		wage jobs and permanent, full-time jobs for residents of
14		the State and residents of the unit of local government
15		that is designated as the home dock of the proposed
16		facility where gambling is to be conducted by the
17		applicant.
18		(3) The projected number of jobs that would be created
19		if the license is granted and the projected number of new
20		employees at the proposed facility where gambling is to be
21		conducted by the applicant.
22		(4) The record, if any, of the applicant and its
23		developer in meeting commitments to local agencies,
24		community-based organizations, and employees at other
25		locations where the applicant or its developer has
26		performed similar functions as they would perform if the

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1		applicant were granted a license.
2		(5) Identification of adverse effects that might be
3		caused by the proposed facility where gambling is to be
4		conducted by the applicant, including the costs of meeting
5		increased demand for public health care, child care,
6		public transportation, affordable housing, and social
7		services, and a plan to mitigate those adverse effects.
8		(6) The record, if any, of the applicant and its
9		developer regarding compliance with:
10		(A) federal, state, and local discrimination, wage
11		and hour, disability, and occupational and
12		environmental health and safety laws; and
13		(B) state and local labor relations and employment
14		laws.
15		(7) The applicant's record, if any, in dealing with
16		its employees and their representatives at other
17		locations.
18		(8) A plan concerning the utilization of
19		minority-owned and women-owned businesses and concerning
20		the hiring of minorities and women.
21		(9) Evidence the applicant used its best efforts to
22		reach a goal of 25% ownership representation by minority
23		persons and 5% ownership representation by women.
24		(10) Evidence the applicant has entered into a fully
25		executed project labor agreement with the applicable local
26		building trades council. For any pending application

HB5501 Engrossed - 1538 - LRB102 24698 AMC 33937 b
1		before the Board on June 10, 2021 (the effective date of
2		Public Act 102-13) this amendatory Act of the 102nd
3		General Assembly, the applicant shall submit evidence
4		complying with this paragraph within 30 days after June
5		10, 2021 (the effective date of Public Act 102-13) this
6		amendatory Act of the 102nd General Assembly. The Board
7		shall not award any pending applications until the
8		applicant has submitted this information.
9		(b) Applicants shall submit with their application all
10		documents, resolutions, and letters of support from the
11		governing body that represents the municipality or county
12		wherein the licensee will be located.
13		(c) Each applicant shall disclose the identity of every
14		person or entity having a greater than 1% direct or indirect
15		pecuniary interest in the gambling operation with respect to
16		which the license is sought. If the disclosed entity is a
17		trust, the application shall disclose the names and addresses
18		of all beneficiaries; if a corporation, the names and
19		addresses of all stockholders and directors; if a partnership,
20		the names and addresses of all partners, both general and
21		limited.
22		(d) An application shall be filed and considered in
23		accordance with the rules of the Board. Each application shall
24		be accompanied by a nonrefundable application fee of $250,000.
25		In addition, a nonrefundable fee of $50,000 shall be paid at
26		the time of filing to defray the costs associated with the

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1		background investigation conducted by the Board. If the costs
2		of the investigation exceed $50,000, the applicant shall pay
3		the additional amount to the Board within 7 days after
4		requested by the Board. If the costs of the investigation are
5		less than $50,000, the applicant shall receive a refund of the
6		remaining amount. All information, records, interviews,
7		reports, statements, memoranda, or other data supplied to or
8		used by the Board in the course of its review or investigation
9		of an application for a license or a renewal under this Act
10		shall be privileged and , strictly confidential and shall be
11		used only for the purpose of evaluating an applicant for a
12		license or a renewal. Such information, records, interviews,
13		reports, statements, memoranda, or other data shall not be
14		admissible as evidence, nor discoverable in any action of any
15		kind in any court or before any tribunal, board, agency or
16		person, except for any action deemed necessary by the Board.
17		The application fee shall be deposited into the State Gaming
18		Fund.
19		(e) The Board shall charge each applicant a fee set by the
20		Illinois State Police to defray the costs associated with the
21		search and classification of fingerprints obtained by the
22		Board with respect to the applicant's application. These fees
23		shall be paid into the State Police Services Fund. In order to
24		expedite the application process, the Board may establish
25		rules allowing applicants to acquire criminal background
26		checks and financial integrity reviews as part of the initial

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1		application process from a list of vendors approved by the
2		Board.
3		(f) The licensed owner shall be the person primarily
4		responsible for the boat or casino itself. Only one gambling
5		operation may be authorized by the Board on any riverboat or in
6		any casino. The applicant must identify the riverboat or
7		premises it intends to use and certify that the riverboat or
8		premises: (1) has the authorized capacity required in this
9		Act; (2) is accessible to persons with disabilities; and (3)
10		is fully registered and licensed in accordance with any
11		applicable laws.
12		(g) A person who knowingly makes a false statement on an
13		application is guilty of a Class A misdemeanor.
14		(Source: P.A. 101-31, eff. 6-28-19; 102-13, eff. 6-10-21;
15		102-538, eff. 8-20-21; revised 10-14-21.)
16		(230 ILCS 10/18) (from Ch. 120, par. 2418)
17		Sec. 18. Prohibited activities; penalty Activities -
18		Penalty.
19		(a) A person is guilty of a Class A misdemeanor for doing
20		any of the following:
21		(1) Conducting gambling where wagering is used or to
22		be used without a license issued by the Board.
23		(2) Conducting gambling where wagering is permitted
24		other than in the manner specified by Section 11.
25		(b) A person is guilty of a Class B misdemeanor for doing

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1		any of the following:
2		(1) permitting a person under 21 years to make a
3		wager; or
4		(2) violating paragraph (12) of subsection (a) of
5		Section 11 of this Act.
6		(c) A person wagering or accepting a wager at any location
7		outside the riverboat, casino, or organization gaming facility
8		in violation of paragraph (1) or (2) of subsection (a) of
9		Section 28-1 of the Criminal Code of 2012 is subject to the
10		penalties provided in that Section.
11		(d) A person commits a Class 4 felony and, in addition,
12		shall be barred for life from gambling operations under the
13		jurisdiction of the Board, if the person does any of the
14		following:
15		(1) Offers, promises, or gives anything of value or
16		benefit to a person who is connected with a riverboat or
17		casino owner or organization gaming licensee, including,
18		but not limited to, an officer or employee of a licensed
19		owner, organization gaming licensee, or holder of an
20		occupational license pursuant to an agreement or
21		arrangement or with the intent that the promise or thing
22		of value or benefit will influence the actions of the
23		person to whom the offer, promise, or gift was made in
24		order to affect or attempt to affect the outcome of a
25		gambling game, or to influence official action of a member
26		of the Board.

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1		(2) Solicits or knowingly accepts or receives a
2		promise of anything of value or benefit while the person
3		is connected with a riverboat, casino, or organization
4		gaming facility, including, but not limited to, an officer
5		or employee of a licensed owner or organization gaming
6		licensee, or the holder of an occupational license,
7		pursuant to an understanding or arrangement or with the
8		intent that the promise or thing of value or benefit will
9		influence the actions of the person to affect or attempt
10		to affect the outcome of a gambling game, or to influence
11		official action of a member of the Board.
12		(3) Uses or possesses with the intent to use a device
13		to assist:
14		(i) In projecting the outcome of the game.
15		(ii) In keeping track of the cards played.
16		(iii) In analyzing the probability of the
17		occurrence of an event relating to the gambling game.
18		(iv) In analyzing the strategy for playing or
19		betting to be used in the game except as permitted by
20		the Board.
21		(4) Cheats at a gambling game.
22		(5) Manufactures, sells, or distributes any cards,
23		chips, dice, game or device which is intended to be used to
24		violate any provision of this Act.
25		(6) Alters or misrepresents the outcome of a gambling
26		game on which wagers have been made after the outcome is

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1		made sure but before it is revealed to the players.
2		(7) Places a bet after acquiring knowledge, not
3		available to all players, of the outcome of the gambling
4		game which is the subject of the bet or to aid a person in
5		acquiring the knowledge for the purpose of placing a bet
6		contingent on that outcome.
7		(8) Claims, collects, or takes, or attempts to claim,
8		collect, or take, money or anything of value in or from the
9		gambling games, with intent to defraud, without having
10		made a wager contingent on winning a gambling game, or
11		claims, collects, or takes an amount of money or thing of
12		value of greater value than the amount won.
13		(9) Uses counterfeit chips or tokens in a gambling
14		game.
15		(10) Possesses any key or device designed for the
16		purpose of opening, entering, or affecting the operation
17		of a gambling game, drop box, or an electronic or
18		mechanical device connected with the gambling game or for
19		removing coins, tokens, chips or other contents of a
20		gambling game. This paragraph (10) does not apply to a
21		gambling licensee or employee of a gambling licensee
22		acting in furtherance of the employee's employment.
23		(e) The possession of more than one of the devices
24		described in subsection (d), paragraphs (3), (5), and or (10)
25		of subsection (d) permits a rebuttable presumption that the
26		possessor intended to use the devices for cheating.

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1		(f) A person under the age of 21 who, except as authorized
2		under paragraph (10) of Section 11, enters upon a riverboat or
3		in a casino or organization gaming facility commits a petty
4		offense and is subject to a fine of not less than $100 or more
5		than $250 for a first offense and of not less than $200 or more
6		than $500 for a second or subsequent offense.
7		An action to prosecute any crime occurring on a riverboat
8		shall be tried in the county of the dock at which the riverboat
9		is based. An action to prosecute any crime occurring in a
10		casino or organization gaming facility shall be tried in the
11		county in which the casino or organization gaming facility is
12		located.
13		(Source: P.A. 101-31, eff. 6-28-19; revised 12-2-21.)
14		Section 500. The Liquor Control Act of 1934 is amended by
15		changing Sections 3-12 and 6-5 and by setting forth and
16		renumbering multiple versions of Section 6-37 as follows:
17		(235 ILCS 5/3-12)
18		Sec. 3-12. Powers and duties of State Commission.
19		(a) The State Commission shall have the following powers,
20		functions, and duties:
21		(1) To receive applications and to issue licenses to
22		manufacturers, foreign importers, importing distributors,
23		distributors, non-resident dealers, on premise consumption
24		retailers, off premise sale retailers, special event

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1		retailer licensees, special use permit licenses, auction
2		liquor licenses, brew pubs, caterer retailers,
3		non-beverage users, railroads, including owners and
4		lessees of sleeping, dining and cafe cars, airplanes,
5		boats, brokers, and wine maker's premises licensees in
6		accordance with the provisions of this Act, and to suspend
7		or revoke such licenses upon the State Commission's
8		determination, upon notice after hearing, that a licensee
9		has violated any provision of this Act or any rule or
10		regulation issued pursuant thereto and in effect for 30
11		days prior to such violation. Except in the case of an
12		action taken pursuant to a violation of Section 6-3, 6-5,
13		or 6-9, any action by the State Commission to suspend or
14		revoke a licensee's license may be limited to the license
15		for the specific premises where the violation occurred. An
16		action for a violation of this Act shall be commenced by
17		the State Commission within 2 years after the date the
18		State Commission becomes aware of the violation.
19		In lieu of suspending or revoking a license, the
20		commission may impose a fine, upon the State Commission's
21		determination and notice after hearing, that a licensee
22		has violated any provision of this Act or any rule or
23		regulation issued pursuant thereto and in effect for 30
24		days prior to such violation.
25		For the purpose of this paragraph (1), when
26		determining multiple violations for the sale of alcohol to

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1		a person under the age of 21, a second or subsequent
2		violation for the sale of alcohol to a person under the age
3		of 21 shall only be considered if it was committed within 5
4		years after the date when a prior violation for the sale of
5		alcohol to a person under the age of 21 was committed.
6		The fine imposed under this paragraph may not exceed
7		$500 for each violation. Each day that the activity, which
8		gave rise to the original fine, continues is a separate
9		violation. The maximum fine that may be levied against any
10		licensee, for the period of the license, shall not exceed
11		$20,000. The maximum penalty that may be imposed on a
12		licensee for selling a bottle of alcoholic liquor with a
13		foreign object in it or serving from a bottle of alcoholic
14		liquor with a foreign object in it shall be the
15		destruction of that bottle of alcoholic liquor for the
16		first 10 bottles so sold or served from by the licensee.
17		For the eleventh bottle of alcoholic liquor and for each
18		third bottle thereafter sold or served from by the
19		licensee with a foreign object in it, the maximum penalty
20		that may be imposed on the licensee is the destruction of
21		the bottle of alcoholic liquor and a fine of up to $50.
22		Any notice issued by the State Commission to a
23		licensee for a violation of this Act or any notice with
24		respect to settlement or offer in compromise shall include
25		the field report, photographs, and any other supporting
26		documentation necessary to reasonably inform the licensee

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1		of the nature and extent of the violation or the conduct
2		alleged to have occurred. The failure to include such
3		required documentation shall result in the dismissal of
4		the action.
5		(2) To adopt such rules and regulations consistent
6		with the provisions of this Act which shall be necessary
7		to carry on its functions and duties to the end that the
8		health, safety and welfare of the People of the State of
9		Illinois shall be protected and temperance in the
10		consumption of alcoholic liquors shall be fostered and
11		promoted and to distribute copies of such rules and
12		regulations to all licensees affected thereby.
13		(3) To call upon other administrative departments of
14		the State, county and municipal governments, county and
15		city police departments and upon prosecuting officers for
16		such information and assistance as it deems necessary in
17		the performance of its duties.
18		(4) To recommend to local commissioners rules and
19		regulations, not inconsistent with the law, for the
20		distribution and sale of alcoholic liquors throughout the
21		State.
22		(5) To inspect, or cause to be inspected, any premises
23		in this State where alcoholic liquors are manufactured,
24		distributed, warehoused, or sold. Nothing in this Act
25		authorizes an agent of the State Commission to inspect
26		private areas within the premises without reasonable

HB5501 Engrossed - 1548 - LRB102 24698 AMC 33937 b
1		suspicion or a warrant during an inspection. "Private
2		areas" include, but are not limited to, safes, personal
3		property, and closed desks.
4		(5.1) Upon receipt of a complaint or upon having
5		knowledge that any person is engaged in business as a
6		manufacturer, importing distributor, distributor, or
7		retailer without a license or valid license, to conduct an
8		investigation. If, after conducting an investigation, the
9		State Commission is satisfied that the alleged conduct
10		occurred or is occurring, it may issue a cease and desist
11		notice as provided in this Act, impose civil penalties as
12		provided in this Act, notify the local liquor authority,
13		or file a complaint with the State's Attorney's Office of
14		the county where the incident occurred or the Attorney
15		General.
16		(5.2) Upon receipt of a complaint or upon having
17		knowledge that any person is shipping alcoholic liquor
18		into this State from a point outside of this State if the
19		shipment is in violation of this Act, to conduct an
20		investigation. If, after conducting an investigation, the
21		State Commission is satisfied that the alleged conduct
22		occurred or is occurring, it may issue a cease and desist
23		notice as provided in this Act, impose civil penalties as
24		provided in this Act, notify the foreign jurisdiction, or
25		file a complaint with the State's Attorney's Office of the
26		county where the incident occurred or the Attorney

HB5501 Engrossed - 1549 - LRB102 24698 AMC 33937 b
1		General.
2		(5.3) To receive complaints from licensees, local
3		officials, law enforcement agencies, organizations, and
4		persons stating that any licensee has been or is violating
5		any provision of this Act or the rules and regulations
6		issued pursuant to this Act. Such complaints shall be in
7		writing, signed and sworn to by the person making the
8		complaint, and shall state with specificity the facts in
9		relation to the alleged violation. If the State Commission
10		has reasonable grounds to believe that the complaint
11		substantially alleges a violation of this Act or rules and
12		regulations adopted pursuant to this Act, it shall conduct
13		an investigation. If, after conducting an investigation,
14		the State Commission is satisfied that the alleged
15		violation did occur, it shall proceed with disciplinary
16		action against the licensee as provided in this Act.
17		(5.4) To make arrests and issue notices of civil
18		violations where necessary for the enforcement of this
19		Act.
20		(5.5) To investigate any and all unlicensed activity.
21		(5.6) To impose civil penalties or fines to any person
22		who, without holding a valid license, engages in conduct
23		that requires a license pursuant to this Act, in an amount
24		not to exceed $20,000 for each offense as determined by
25		the State Commission. A civil penalty shall be assessed by
26		the State Commission after a hearing is held in accordance

HB5501 Engrossed - 1550 - LRB102 24698 AMC 33937 b
1		with the provisions set forth in this Act regarding the
2		provision of a hearing for the revocation or suspension of
3		a license.
4		(6) To hear and determine appeals from orders of a
5		local commission in accordance with the provisions of this
6		Act, as hereinafter set forth. Hearings under this
7		subsection shall be held in Springfield or Chicago, at
8		whichever location is the more convenient for the majority
9		of persons who are parties to the hearing.
10		(7) The State Commission shall establish uniform
11		systems of accounts to be kept by all retail licensees
12		having more than 4 employees, and for this purpose the
13		State Commission may classify all retail licensees having
14		more than 4 employees and establish a uniform system of
15		accounts for each class and prescribe the manner in which
16		such accounts shall be kept. The State Commission may also
17		prescribe the forms of accounts to be kept by all retail
18		licensees having more than 4 employees, including, but not
19		limited to, accounts of earnings and expenses and any
20		distribution, payment, or other distribution of earnings
21		or assets, and any other forms, records, and memoranda
22		which in the judgment of the commission may be necessary
23		or appropriate to carry out any of the provisions of this
24		Act, including, but not limited to, such forms, records,
25		and memoranda as will readily and accurately disclose at
26		all times the beneficial ownership of such retail licensed

HB5501 Engrossed - 1551 - LRB102 24698 AMC 33937 b
1		business. The accounts, forms, records, and memoranda
2		shall be available at all reasonable times for inspection
3		by authorized representatives of the State Commission or
4		by any local liquor control commissioner or his or her
5		authorized representative. The commission may, from time
6		to time, alter, amend, or repeal, in whole or in part, any
7		uniform system of accounts, or the form and manner of
8		keeping accounts.
9		(8) In the conduct of any hearing authorized to be
10		held by the State Commission, to appoint, at the
11		commission's discretion, hearing officers to conduct
12		hearings involving complex issues or issues that will
13		require a protracted period of time to resolve, to
14		examine, or cause to be examined, under oath, any
15		licensee, and to examine or cause to be examined the books
16		and records of such licensee; to hear testimony and take
17		proof material for its information in the discharge of its
18		duties hereunder; to administer or cause to be
19		administered oaths; for any such purpose to issue subpoena
20		or subpoenas to require the attendance of witnesses and
21		the production of books, which shall be effective in any
22		part of this State, and to adopt rules to implement its
23		powers under this paragraph (8).
24		Any circuit court may, by order duly entered, require
25		the attendance of witnesses and the production of relevant
26		books subpoenaed by the State Commission and the court may

HB5501 Engrossed - 1552 - LRB102 24698 AMC 33937 b
1		compel obedience to its order by proceedings for contempt.
2		(9) To investigate the administration of laws in
3		relation to alcoholic liquors in this and other states and
4		any foreign countries, and to recommend from time to time
5		to the Governor and through him or her to the legislature
6		of this State, such amendments to this Act, if any, as it
7		may think desirable and as will serve to further the
8		general broad purposes contained in Section 1-2 hereof.
9		(10) To adopt such rules and regulations consistent
10		with the provisions of this Act which shall be necessary
11		for the control, sale, or disposition of alcoholic liquor
12		damaged as a result of an accident, wreck, flood, fire, or
13		other similar occurrence.
14		(11) To develop industry educational programs related
15		to responsible serving and selling, particularly in the
16		areas of overserving consumers and illegal underage
17		purchasing and consumption of alcoholic beverages.
18		(11.1) To license persons providing education and
19		training to alcohol beverage sellers and servers for
20		mandatory and non-mandatory training under the Beverage
21		Alcohol Sellers and Servers Education and Training
22		(BASSET) programs and to develop and administer a public
23		awareness program in Illinois to reduce or eliminate the
24		illegal purchase and consumption of alcoholic beverage
25		products by persons under the age of 21. Application for a
26		license shall be made on forms provided by the State

HB5501 Engrossed - 1553 - LRB102 24698 AMC 33937 b
1		Commission.
2		(12) To develop and maintain a repository of license
3		and regulatory information.
4		(13) (Blank).
5		(14) On or before April 30, 2008 and every 2 years
6		thereafter, the State Commission shall present a written
7		report to the Governor and the General Assembly that shall
8		be based on a study of the impact of Public Act 95-634 on
9		the business of soliciting, selling, and shipping wine
10		from inside and outside of this State directly to
11		residents of this State. As part of its report, the State
12		Commission shall provide all of the following information:
13		(A) The amount of State excise and sales tax
14		revenues generated.
15		(B) The amount of licensing fees received.
16		(C) The number of cases of wine shipped from
17		inside and outside of this State directly to residents
18		of this State.
19		(D) The number of alcohol compliance operations
20		conducted.
21		(E) The number of winery shipper's licenses
22		issued.
23		(F) The number of each of the following: reported
24		violations; cease and desist notices issued by the
25		Commission; notices of violations issued by the
26		Commission and to the Department of Revenue; and

HB5501 Engrossed - 1554 - LRB102 24698 AMC 33937 b
1		notices and complaints of violations to law
2		enforcement officials, including, without limitation,
3		the Illinois Attorney General and the U.S. Department
4		of Treasury's Alcohol and Tobacco Tax and Trade
5		Bureau.
6		(15) As a means to reduce the underage consumption of
7		alcoholic liquors, the State Commission shall conduct
8		alcohol compliance operations to investigate whether
9		businesses that are soliciting, selling, and shipping wine
10		from inside or outside of this State directly to residents
11		of this State are licensed by this State or are selling or
12		attempting to sell wine to persons under 21 years of age in
13		violation of this Act.
14		(16) The State Commission shall, in addition to
15		notifying any appropriate law enforcement agency, submit
16		notices of complaints or violations of Sections 6-29 and
17		6-29.1 by persons who do not hold a winery shipper's
18		license under this Act to the Illinois Attorney General
19		and to the U.S. Department of Treasury's Alcohol and
20		Tobacco Tax and Trade Bureau.
21		(17)(A) A person licensed to make wine under the laws
22		of another state who has a winery shipper's license under
23		this Act and annually produces less than 25,000 gallons of
24		wine or a person who has a first-class or second-class
25		wine manufacturer's license, a first-class or second-class
26		wine-maker's license, or a limited wine manufacturer's

HB5501 Engrossed - 1555 - LRB102 24698 AMC 33937 b
1		license under this Act and annually produces less than
2		25,000 gallons of wine may make application to the
3		Commission for a self-distribution exemption to allow the
4		sale of not more than 5,000 gallons of the exemption
5		holder's wine to retail licensees per year and to sell
6		cider, mead, or both cider and mead to brewers, class 1
7		brewers, class 2 brewers, and class 3 brewers that,
8		pursuant to subsection (e) of Section 6-4 of this Act,
9		sell beer, cider, mead, or any combination thereof to
10		non-licensees at their breweries.
11		(B) In the application, which shall be sworn under
12		penalty of perjury, such person shall state (1) the date
13		it was established; (2) its volume of production and sales
14		for each year since its establishment; (3) its efforts to
15		establish distributor relationships; (4) that a
16		self-distribution exemption is necessary to facilitate the
17		marketing of its wine; and (5) that it will comply with the
18		liquor and revenue laws of the United States, this State,
19		and any other state where it is licensed.
20		(C) The State Commission shall approve the application
21		for a self-distribution exemption if such person: (1) is
22		in compliance with State revenue and liquor laws; (2) is
23		not a member of any affiliated group that produces
24		directly or indirectly more than 25,000 gallons of wine
25		per annum, 930,000 gallons of beer per annum, or 50,000
26		gallons of spirits per annum; (3) will not annually

HB5501 Engrossed - 1556 - LRB102 24698 AMC 33937 b
1		produce for sale more than 25,000 gallons of wine, 930,000
2		gallons of beer, or 50,000 gallons of spirits; and (4)
3		will not annually sell more than 5,000 gallons of its wine
4		to retail licensees.
5		(D) A self-distribution exemption holder shall
6		annually certify to the State Commission its production of
7		wine in the previous 12 months and its anticipated
8		production and sales for the next 12 months. The State
9		Commission may fine, suspend, or revoke a
10		self-distribution exemption after a hearing if it finds
11		that the exemption holder has made a material
12		misrepresentation in its application, violated a revenue
13		or liquor law of Illinois, exceeded production of 25,000
14		gallons of wine, 930,000 gallons of beer, or 50,000
15		gallons of spirits in any calendar year, or become part of
16		an affiliated group producing more than 25,000 gallons of
17		wine, 930,000 gallons of beer, or 50,000 gallons of
18		spirits.
19		(E) Except in hearings for violations of this Act or
20		Public Act 95-634 or a bona fide investigation by duly
21		sworn law enforcement officials, the State Commission, or
22		its agents, the State Commission shall maintain the
23		production and sales information of a self-distribution
24		exemption holder as confidential and shall not release
25		such information to any person.
26		(F) The State Commission shall issue regulations

HB5501 Engrossed - 1557 - LRB102 24698 AMC 33937 b
1		governing self-distribution exemptions consistent with
2		this Section and this Act.
3		(G) Nothing in this paragraph (17) shall prohibit a
4		self-distribution exemption holder from entering into or
5		simultaneously having a distribution agreement with a
6		licensed Illinois distributor.
7		(H) It is the intent of this paragraph (17) to promote
8		and continue orderly markets. The General Assembly finds
9		that, in order to preserve Illinois' regulatory
10		distribution system, it is necessary to create an
11		exception for smaller makers of wine as their wines are
12		frequently adjusted in varietals, mixes, vintages, and
13		taste to find and create market niches sometimes too small
14		for distributor or importing distributor business
15		strategies. Limited self-distribution rights will afford
16		and allow smaller makers of wine access to the marketplace
17		in order to develop a customer base without impairing the
18		integrity of the 3-tier system.
19		(18)(A) A class 1 brewer licensee, who must also be
20		either a licensed brewer or licensed non-resident dealer
21		and annually manufacture less than 930,000 gallons of
22		beer, may make application to the State Commission for a
23		self-distribution exemption to allow the sale of not more
24		than 232,500 gallons per year of the exemption holder's
25		beer to retail licensees and to brewers, class 1 brewers,
26		and class 2 brewers that, pursuant to subsection (e) of

HB5501 Engrossed - 1558 - LRB102 24698 AMC 33937 b
1		Section 6-4 of this Act, sell beer, cider,, mead, or any
2		combination thereof to non-licensees at their breweries.
3		(B) In the application, which shall be sworn under
4		penalty of perjury, the class 1 brewer licensee shall
5		state (1) the date it was established; (2) its volume of
6		beer manufactured and sold for each year since its
7		establishment; (3) its efforts to establish distributor
8		relationships; (4) that a self-distribution exemption is
9		necessary to facilitate the marketing of its beer; and (5)
10		that it will comply with the alcoholic beverage and
11		revenue laws of the United States, this State, and any
12		other state where it is licensed.
13		(C) Any application submitted shall be posted on the
14		State Commission's website at least 45 days prior to
15		action by the State Commission. The State Commission shall
16		approve the application for a self-distribution exemption
17		if the class 1 brewer licensee: (1) is in compliance with
18		the State, revenue, and alcoholic beverage laws; (2) is
19		not a member of any affiliated group that manufactures,
20		directly or indirectly, more than 930,000 gallons of beer
21		per annum, 25,000 gallons of wine per annum, or 50,000
22		gallons of spirits per annum; (3) shall not annually
23		manufacture for sale more than 930,000 gallons of beer,
24		25,000 gallons of wine, or 50,000 gallons of spirits; (4)
25		shall not annually sell more than 232,500 gallons of its
26		beer to retail licensees and class 3 brewers and to

HB5501 Engrossed - 1559 - LRB102 24698 AMC 33937 b
1		brewers, class 1 brewers, and class 2 brewers that,
2		pursuant to subsection (e) of Section 6-4 of this Act,
3		sell beer, cider, mead, or any combination thereof to
4		non-licensees at their breweries; and (5) has relinquished
5		any brew pub license held by the licensee, including any
6		ownership interest it held in the licensed brew pub.
7		(D) A self-distribution exemption holder shall
8		annually certify to the State Commission its manufacture
9		of beer during the previous 12 months and its anticipated
10		manufacture and sales of beer for the next 12 months. The
11		State Commission may fine, suspend, or revoke a
12		self-distribution exemption after a hearing if it finds
13		that the exemption holder has made a material
14		misrepresentation in its application, violated a revenue
15		or alcoholic beverage law of Illinois, exceeded the
16		manufacture of 930,000 gallons of beer, 25,000 gallons of
17		wine, or 50,000 gallons of spirits in any calendar year or
18		became part of an affiliated group manufacturing more than
19		930,000 gallons of beer, 25,000 gallons of wine, or 50,000
20		gallons of spirits.
21		(E) The State Commission shall issue rules and
22		regulations governing self-distribution exemptions
23		consistent with this Act.
24		(F) Nothing in this paragraph (18) shall prohibit a
25		self-distribution exemption holder from entering into or
26		simultaneously having a distribution agreement with a

HB5501 Engrossed - 1560 - LRB102 24698 AMC 33937 b
1		licensed Illinois importing distributor or a distributor.
2		If a self-distribution exemption holder enters into a
3		distribution agreement and has assigned distribution
4		rights to an importing distributor or distributor, then
5		the self-distribution exemption holder's distribution
6		rights in the assigned territories shall cease in a
7		reasonable time not to exceed 60 days.
8		(G) It is the intent of this paragraph (18) to promote
9		and continue orderly markets. The General Assembly finds
10		that in order to preserve Illinois' regulatory
11		distribution system, it is necessary to create an
12		exception for smaller manufacturers in order to afford and
13		allow such smaller manufacturers of beer access to the
14		marketplace in order to develop a customer base without
15		impairing the integrity of the 3-tier system.
16		(19)(A) A class 1 craft distiller licensee or a
17		non-resident dealer who manufactures less than 50,000
18		gallons of distilled spirits per year may make application
19		to the State Commission for a self-distribution exemption
20		to allow the sale of not more than 5,000 gallons of the
21		exemption holder's spirits to retail licensees per year.
22		(B) In the application, which shall be sworn under
23		penalty of perjury, the class 1 craft distiller licensee
24		or non-resident dealer shall state (1) the date it was
25		established; (2) its volume of spirits manufactured and
26		sold for each year since its establishment; (3) its

HB5501 Engrossed - 1561 - LRB102 24698 AMC 33937 b
1		efforts to establish distributor relationships; (4) that a
2		self-distribution exemption is necessary to facilitate the
3		marketing of its spirits; and (5) that it will comply with
4		the alcoholic beverage and revenue laws of the United
5		States, this State, and any other state where it is
6		licensed.
7		(C) Any application submitted shall be posted on the
8		State Commission's website at least 45 days prior to
9		action by the State Commission. The State Commission shall
10		approve the application for a self-distribution exemption
11		if the applicant: (1) is in compliance with State revenue
12		and alcoholic beverage laws; (2) is not a member of any
13		affiliated group that produces more than 50,000 gallons of
14		spirits per annum, 930,000 gallons of beer per annum, or
15		25,000 gallons of wine per annum; (3) does not annually
16		manufacture for sale more than 50,000 gallons of spirits,
17		930,000 gallons of beer, or 25,000 gallons of wine; and
18		(4) does not annually sell more than 5,000 gallons of its
19		spirits to retail licensees.
20		(D) A self-distribution exemption holder shall
21		annually certify to the State Commission its manufacture
22		of spirits during the previous 12 months and its
23		anticipated manufacture and sales of spirits for the next
24		12 months. The State Commission may fine, suspend, or
25		revoke a self-distribution exemption after a hearing if it
26		finds that the exemption holder has made a material

HB5501 Engrossed - 1562 - LRB102 24698 AMC 33937 b
1		misrepresentation in its application, violated a revenue
2		or alcoholic beverage law of Illinois, exceeded the
3		manufacture of 50,000 gallons of spirits, 930,000 gallons
4		of beer, or 25,000 gallons of wine in any calendar year, or
5		has become part of an affiliated group manufacturing more
6		than 50,000 gallons of spirits, 930,000 gallons of beer,
7		or 25,000 gallons of wine.
8		(E) The State Commission shall adopt rules governing
9		self-distribution exemptions consistent with this Act.
10		(F) Nothing in this paragraph (19) shall prohibit a
11		self-distribution exemption holder from entering into or
12		simultaneously having a distribution agreement with a
13		licensed Illinois importing distributor or a distributor.
14		(G) It is the intent of this paragraph (19) to promote
15		and continue orderly markets. The General Assembly finds
16		that in order to preserve Illinois' regulatory
17		distribution system, it is necessary to create an
18		exception for smaller manufacturers in order to afford and
19		allow such smaller manufacturers of spirits access to the
20		marketplace in order to develop a customer base without
21		impairing the integrity of the 3-tier system.
22		(20)(A) A class 3 brewer licensee who must manufacture
23		less than 465,000 gallons of beer in the aggregate and not
24		more than 155,000 gallons at any single brewery premises
25		may make application to the State Commission for a
26		self-distribution exemption to allow the sale of not more

HB5501 Engrossed - 1563 - LRB102 24698 AMC 33937 b
1		than 6,200 gallons of beer from each in-state or
2		out-of-state class 3 brewery premises, which shall not
3		exceed 18,600 gallons annually in the aggregate, that is
4		manufactured at a wholly owned class 3 brewer's in-state
5		or out-of-state licensed premises to retail licensees and
6		class 3 brewers and to brewers, class 1 brewers, class 2
7		brewers that, pursuant to subsection (e) of Section 6-4,
8		sell beer, cider, or both beer and cider to non-licensees
9		at their licensed breweries.
10		(B) In the application, which shall be sworn under
11		penalty of perjury, the class 3 brewer licensee shall
12		state:
13		(1) the date it was established;
14		(2) its volume of beer manufactured and sold for
15		each year since its establishment;
16		(3) its efforts to establish distributor
17		relationships;
18		(4) that a self-distribution exemption is
19		necessary to facilitate the marketing of its beer; and
20		(5) that it will comply with the alcoholic
21		beverage and revenue laws of the United States, this
22		State, and any other state where it is licensed.
23		(C) Any application submitted shall be posted on the
24		State Commission's website at least 45 days before action
25		by the State Commission. The State Commission shall
26		approve the application for a self-distribution exemption

HB5501 Engrossed - 1564 - LRB102 24698 AMC 33937 b
1		if the class 3 brewer licensee: (1) is in compliance with
2		the State, revenue, and alcoholic beverage laws; (2) is
3		not a member of any affiliated group that manufacturers,
4		directly or indirectly, more than 465,000 gallons of beer
5		per annum; , (3) shall not annually manufacture for sale
6		more than 465,000 gallons of beer or more than 155,000
7		gallons at any single brewery premises; and (4) shall not
8		annually sell more than 6,200 gallons of beer from each
9		in-state or out-of-state class 3 brewery premises, and
10		shall not exceed 18,600 gallons annually in the aggregate,
11		to retail licensees and class 3 brewers and to brewers,
12		class 1 brewers, and class 2 brewers that, pursuant to
13		subsection (e) of Section 6-4 of this Act, sell beer,
14		cider, or both beer and cider to non-licensees at their
15		breweries.
16		(D) A self-distribution exemption holder shall
17		annually certify to the State Commission its manufacture
18		of beer during the previous 12 months and its anticipated
19		manufacture and sales of beer for the next 12 months. The
20		State Commission may fine, suspend, or revoke a
21		self-distribution exemption after a hearing if it finds
22		that the exemption holder has made a material
23		misrepresentation in its application, violated a revenue
24		or alcoholic beverage law of Illinois, exceeded the
25		manufacture of 465,000 gallons of beer in any calendar
26		year or became part of an affiliated group manufacturing

HB5501 Engrossed - 1565 - LRB102 24698 AMC 33937 b
1		more than 465,000 gallons of beer, or exceeded the sale to
2		retail licensees, brewers, class 1 brewers, class 2
3		brewers, and class 3 brewers of 6,200 gallons per brewery
4		location or 18,600 gallons in the aggregate.
5		(E) The State Commission may adopt rules governing
6		self-distribution exemptions consistent with this Act.
7		(F) Nothing in this paragraph shall prohibit a
8		self-distribution exemption holder from entering into or
9		simultaneously having a distribution agreement with a
10		licensed Illinois importing distributor or a distributor.
11		If a self-distribution exemption holder enters into a
12		distribution agreement and has assigned distribution
13		rights to an importing distributor or distributor, then
14		the self-distribution exemption holder's distribution
15		rights in the assigned territories shall cease in a
16		reasonable time not to exceed 60 days.
17		(G) It is the intent of this paragraph to promote and
18		continue orderly markets. The General Assembly finds that
19		in order to preserve Illinois' regulatory distribution
20		system, it is necessary to create an exception for smaller
21		manufacturers in order to afford and allow such smaller
22		manufacturers of beer access to the marketplace in order
23		to develop a customer base without impairing the integrity
24		of the 3-tier system.
25		(b) On or before April 30, 1999, the Commission shall
26		present a written report to the Governor and the General

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1		Assembly that shall be based on a study of the impact of Public
2		Act 90-739 on the business of soliciting, selling, and
3		shipping alcoholic liquor from outside of this State directly
4		to residents of this State.
5		As part of its report, the Commission shall provide the
6		following information:
7		(i) the amount of State excise and sales tax revenues
8		generated as a result of Public Act 90-739;
9		(ii) the amount of licensing fees received as a result
10		of Public Act 90-739;
11		(iii) the number of reported violations, the number of
12		cease and desist notices issued by the Commission, the
13		number of notices of violations issued to the Department
14		of Revenue, and the number of notices and complaints of
15		violations to law enforcement officials.
16		(Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19;
17		101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff.
18		8-20-21; revised 12-13-21.)
19		(235 ILCS 5/6-5) (from Ch. 43, par. 122)
20		Sec. 6-5. Except as otherwise provided in this Section, it
21		is unlawful for any person having a retailer's license or any
22		officer, associate, member, representative or agent of such
23		licensee to accept, receive or borrow money, or anything else
24		of value, or accept or receive credit (other than
25		merchandising credit in the ordinary course of business for a

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1		period not to exceed 30 days) directly or indirectly from any
2		manufacturer, importing distributor or distributor of
3		alcoholic liquor, or from any person connected with or in any
4		way representing, or from any member of the family of, such
5		manufacturer, importing distributor, distributor or
6		wholesaler, or from any stockholders in any corporation
7		engaged in manufacturing, distributing or wholesaling of such
8		liquor, or from any officer, manager, agent or representative
9		of said manufacturer. Except as provided below, it is unlawful
10		for any manufacturer or distributor or importing distributor
11		to give or lend money or anything of value, or otherwise loan
12		or extend credit (except such merchandising credit) directly
13		or indirectly to any retail licensee or to the manager,
14		representative, agent, officer or director of such licensee. A
15		manufacturer, distributor or importing distributor may furnish
16		free advertising, posters, signs, brochures, hand-outs, or
17		other promotional devices or materials to any unit of
18		government owning or operating any auditorium, exhibition
19		hall, recreation facility or other similar facility holding a
20		retailer's license, provided that the primary purpose of such
21		promotional devices or materials is to promote public events
22		being held at such facility. A unit of government owning or
23		operating such a facility holding a retailer's license may
24		accept such promotional devices or materials designed
25		primarily to promote public events held at the facility. No
26		retail licensee delinquent beyond the 30 day period specified

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1		in this Section shall solicit, accept or receive credit,
2		purchase or acquire alcoholic liquors, directly or indirectly
3		from any other licensee, and no manufacturer, distributor or
4		importing distributor shall knowingly grant or extend credit,
5		sell, furnish or supply alcoholic liquors to any such
6		delinquent retail licensee; provided that the purchase price
7		of all beer sold to a retail licensee shall be paid by the
8		retail licensee in cash on or before delivery of the beer, and
9		unless the purchase price payable by a retail licensee for
10		beer sold to him in returnable bottles shall expressly include
11		a charge for the bottles and cases, the retail licensee shall,
12		on or before delivery of such beer, pay the seller in cash a
13		deposit in an amount not less than the deposit required to be
14		paid by the distributor to the brewer; but where the brewer
15		sells direct to the retailer, the deposit shall be an amount no
16		less than that required by the brewer from his own
17		distributors; and provided further, that in no instance shall
18		this deposit be less than 50 cents for each case of beer in
19		pint or smaller bottles and 60 cents for each case of beer in
20		quart or half-gallon bottles; and provided further, that the
21		purchase price of all beer sold to an importing distributor or
22		distributor shall be paid by such importing distributor or
23		distributor in cash on or before the 15th day (Sundays and
24		holidays excepted) after delivery of such beer to such
25		purchaser; and unless the purchase price payable by such
26		importing distributor or distributor for beer sold in

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1		returnable bottles and cases shall expressly include a charge
2		for the bottles and cases, such importing distributor or
3		distributor shall, on or before the 15th day (Sundays and
4		holidays excepted) after delivery of such beer to such
5		purchaser, pay the seller in cash a required amount as a
6		deposit to assure the return of such bottles and cases.
7		Nothing herein contained shall prohibit any licensee from
8		crediting or refunding to a purchaser the actual amount of
9		money paid for bottles, cases, kegs or barrels returned by the
10		purchaser to the seller or paid by the purchaser as a deposit
11		on bottles, cases, kegs or barrels, when such containers or
12		packages are returned to the seller. Nothing herein contained
13		shall prohibit any manufacturer, importing distributor or
14		distributor from extending usual and customary credit for
15		alcoholic liquor sold to customers or purchasers who live in
16		or maintain places of business outside of this State when such
17		alcoholic liquor is actually transported and delivered to such
18		points outside of this State.
19		A manufacturer, distributor, or importing distributor may
20		furnish free social media advertising to a retail licensee if
21		the social media advertisement does not contain the retail
22		price of any alcoholic liquor and the social media
23		advertisement complies with any applicable rules or
24		regulations issued by the Alcohol and Tobacco Tax and Trade
25		Bureau of the United States Department of the Treasury. A
26		manufacturer, distributor, or importing distributor may list

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1		the names of one or more unaffiliated retailers in the
2		advertisement of alcoholic liquor through social media.
3		Nothing in this Section shall prohibit a retailer from
4		communicating with a manufacturer, distributor, or importing
5		distributor on social media or sharing media on the social
6		media of a manufacturer, distributor, or importing
7		distributor. A retailer may request free social media
8		advertising from a manufacturer, distributor, or importing
9		distributor. Nothing in this Section shall prohibit a
10		manufacturer, distributor, or importing distributor from
11		sharing, reposting, or otherwise forwarding a social media
12		post by a retail licensee, so long as the sharing, reposting,
13		or forwarding of the social media post does not contain the
14		retail price of any alcoholic liquor. No manufacturer,
15		distributor, or importing distributor shall pay or reimburse a
16		retailer, directly or indirectly, for any social media
17		advertising services, except as specifically permitted in this
18		Act. No retailer shall accept any payment or reimbursement,
19		directly or indirectly, for any social media advertising
20		services offered by a manufacturer, distributor, or importing
21		distributor, except as specifically permitted in this Act. For
22		the purposes of this Section, "social media" means a service,
23		platform, or site where users communicate with one another and
24		share media, such as pictures, videos, music, and blogs, with
25		other users free of charge.
26		No right of action shall exist for the collection of any

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1		claim based upon credit extended to a distributor, importing
2		distributor or retail licensee contrary to the provisions of
3		this Section.
4		Every manufacturer, importing distributor and distributor
5		shall submit or cause to be submitted, to the State
6		Commission, in triplicate, not later than Thursday of each
7		calendar week, a verified written list of the names and
8		respective addresses of each retail licensee purchasing
9		spirits or wine from such manufacturer, importing distributor
10		or distributor who, on the first business day of that calendar
11		week, was delinquent beyond the above mentioned permissible
12		merchandising credit period of 30 days; or, if such is the
13		fact, a verified written statement that no retail licensee
14		purchasing spirits or wine was then delinquent beyond such
15		permissible merchandising credit period of 30 days.
16		Every manufacturer, importing distributor and distributor
17		shall submit or cause to be submitted, to the State
18		Commission, in triplicate, a verified written list of the
19		names and respective addresses of each previously reported
20		delinquent retail licensee who has cured such delinquency by
21		payment, which list shall be submitted not later than the
22		close of the second full business day following the day such
23		delinquency was so cured.
24		The written list of delinquent retail licensees shall be
25		developed, administered, and maintained only by the State
26		Commission. The State Commission shall notify each retail

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1		licensee that it has been placed on the delinquency list.
2		Determinations of delinquency or nondelinquency shall be made
3		only by the State Commission.
4		Such written verified reports required to be submitted by
5		this Section shall be posted by the State Commission in each of
6		its offices in places available for public inspection not
7		later than the day following receipt thereof by the State
8		Commission. The reports so posted shall constitute notice to
9		every manufacturer, importing distributor and distributor of
10		the information contained therein. Actual notice to
11		manufacturers, importing distributors and distributors of the
12		information contained in any such posted reports, however
13		received, shall also constitute notice of such information.
14		The 30-day 30 day merchandising credit period allowed by
15		this Section shall commence with the day immediately following
16		the date of invoice and shall include all successive days
17		including Sundays and holidays to and including the 30th
18		successive day.
19		In addition to other methods allowed by law, payment by
20		check or credit card during the period for which merchandising
21		credit may be extended under the provisions of this Section
22		shall be considered payment. All checks received in payment
23		for alcoholic liquor shall be promptly deposited for
24		collection. A post dated check or a check dishonored on
25		presentation for payment shall not be deemed payment.
26		A credit card payment in dispute by a retailer shall not be

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1		deemed payment, and the debt uncured for merchandising credit
2		shall be reported as delinquent. Nothing in this Section shall
3		prevent a distributor, self-distributing manufacturer, or
4		importing distributor from assessing a usual and customary
5		transaction fee representative of the actual finance charges
6		incurred for processing a credit card payment. This
7		transaction fee shall be disclosed on the invoice. It shall be
8		considered unlawful for a distributor, importing distributor,
9		or self-distributing manufacturer to waive finance charges for
10		retailers.
11		A retail licensee shall not be deemed to be delinquent in
12		payment for any alleged sale to him of alcoholic liquor when
13		there exists a bona fide dispute between such retailer and a
14		manufacturer, importing distributor or distributor with
15		respect to the amount of indebtedness existing because of such
16		alleged sale. A retail licensee shall not be deemed to be
17		delinquent under this provision and 11 Ill. Adm. Code 100.90
18		until 30 days after the date on which the region in which the
19		retail licensee is located enters Phase 4 of the Governor's
20		Restore Illinois Plan as issued on May 5, 2020.
21		A delinquent retail licensee who engages in the retail
22		liquor business at 2 or more locations shall be deemed to be
23		delinquent with respect to each such location.
24		The license of any person who violates any provision of
25		this Section shall be subject to suspension or revocation in
26		the manner provided by this Act.

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1		If any part or provision of this Article or the
2		application thereof to any person or circumstances shall be
3		adjudged invalid by a court of competent jurisdiction, such
4		judgment shall be confined by its operation to the controversy
5		in which it was mentioned and shall not affect or invalidate
6		the remainder of this Article or the application thereof to
7		any other person or circumstance and to this and the
8		provisions of this Article are declared severable.
9		(Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21;
10		102-442, eff. 1-1-22; revised 9-21-21.)
11		(235 ILCS 5/6-37)
12		Sec. 6-37. (Repealed).
13		(Source: P.A. 102-8, eff. 6-2-21. Repealed internally, eff.
14		7-11-21.)
15		(235 ILCS 5/6-37.5)
16		Sec. 6-37.5 6-37. Transfer of wine or spirits by a retail
17		licensee with multiple licenses.
18		(a) No original package of wine or spirits may be
19		transferred from one retail licensee to any other retail
20		licensee without prior permission from the State Commission;
21		however, if the same retailer owns more than one licensed
22		retail location, an off-premise retailer may transfer up to 3%
23		of its average monthly purchases by volume and an on-premise
24		retailer may transfer up to 5% of its average monthly

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1		purchases by volume of original package of wine or spirits
2		from one or more of such retailer's licensed locations to
3		another of that retailer's licensed locations each month
4		without prior permission from the State Commission, subject to
5		the following conditions:
6		(1) notice is provided to the distributor responsible
7		for the geographic area of the brand, size, and quantity
8		of the wine or spirits to be transferred within the
9		geographic area; and
10		(2) the transfer is made by common carrier, a licensed
11		distributor's or importing distributor's vehicle, or a
12		vehicle owned and operated by the licensee.
13		(b) All transfers must be properly documented on a form
14		provided by the State Commission that includes the following
15		information:
16		(1) the license number of the retail licensee's
17		location from which the transfer is to be made and the
18		license number of the retail licensee's location to which
19		the transfer is to be made;
20		(2) the brand, size, and quantity of the wine or
21		spirits to be transferred; and
22		(3) the date the transfer is made.
23		(c) A retail licensee location that transfers or receives
24		an original package of wine or spirits as authorized by this
25		Section shall not be deemed to be engaged in business as a
26		wholesaler or distributor based upon the transfer authorized

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1		by this Section.
2		(d) A transfer authorized by this Section shall not be
3		deemed a sale.
4		(e) A retailer that is delinquent in payment pursuant to
5		Section 6-5 shall be prohibited from transferring wine or
6		spirits to a commonly owned retailer pursuant to this Section
7		until the indebtedness is cured.
8		(f) As used in this Section:
9		"Average monthly purchases" is calculated using a 12-month
10		rolling average of the total volume purchased over the 12 most
11		recent months previous to the month in which the transfer is
12		made and dividing that total by 12.
13		"Month" means a calendar month.
14		(Source: P.A. 102-442, eff. 8-20-21; revised 11-10-21.)
15		Section 505. The Illinois Public Aid Code is amended by
16		changing Sections 5-2, 5-4.2, 5-5, 5-5f, 5-16.8, 5-30.1,
17		9A-11, 10-1, and 12-4.35 and by setting forth and renumbering
18		multiple versions of Sections 5-5.12d, 5-41, and 12-4.54 as
19		follows:
20		(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
21		Sec. 5-2. Classes of persons eligible. Medical assistance
22		under this Article shall be available to any of the following
23		classes of persons in respect to whom a plan for coverage has
24		been submitted to the Governor by the Illinois Department and

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1		approved by him. If changes made in this Section 5-2 require
2		federal approval, they shall not take effect until such
3		approval has been received:
4		1. Recipients of basic maintenance grants under
5		Articles III and IV.
6		2. Beginning January 1, 2014, persons otherwise
7		eligible for basic maintenance under Article III,
8		excluding any eligibility requirements that are
9		inconsistent with any federal law or federal regulation,
10		as interpreted by the U.S. Department of Health and Human
11		Services, but who fail to qualify thereunder on the basis
12		of need, and who have insufficient income and resources to
13		meet the costs of necessary medical care, including, but
14		not limited to, the following:
15		(a) All persons otherwise eligible for basic
16		maintenance under Article III but who fail to qualify
17		under that Article on the basis of need and who meet
18		either of the following requirements:
19		(i) their income, as determined by the
20		Illinois Department in accordance with any federal
21		requirements, is equal to or less than 100% of the
22		federal poverty level; or
23		(ii) their income, after the deduction of
24		costs incurred for medical care and for other
25		types of remedial care, is equal to or less than
26		100% of the federal poverty level.

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1		(b) (Blank).
2		3. (Blank).
3		4. Persons not eligible under any of the preceding
4		paragraphs who fall sick, are injured, or die, not having
5		sufficient money, property or other resources to meet the
6		costs of necessary medical care or funeral and burial
7		expenses.
8		5.(a) Beginning January 1, 2020, individuals during
9		pregnancy and during the 12-month period beginning on the
10		last day of the pregnancy, together with their infants,
11		whose income is at or below 200% of the federal poverty
12		level. Until September 30, 2019, or sooner if the
13		maintenance of effort requirements under the Patient
14		Protection and Affordable Care Act are eliminated or may
15		be waived before then, individuals during pregnancy and
16		during the 12-month period beginning on the last day of
17		the pregnancy, whose countable monthly income, after the
18		deduction of costs incurred for medical care and for other
19		types of remedial care as specified in administrative
20		rule, is equal to or less than the Medical Assistance-No
21		Grant(C) (MANG(C)) Income Standard in effect on April 1,
22		2013 as set forth in administrative rule.
23		(b) The plan for coverage shall provide ambulatory
24		prenatal care to pregnant individuals during a presumptive
25		eligibility period and establish an income eligibility
26		standard that is equal to 200% of the federal poverty

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1		level, provided that costs incurred for medical care are
2		not taken into account in determining such income
3		eligibility.
4		(c) The Illinois Department may conduct a
5		demonstration in at least one county that will provide
6		medical assistance to pregnant individuals together with
7		their infants and children up to one year of age, where the
8		income eligibility standard is set up to 185% of the
9		nonfarm income official poverty line, as defined by the
10		federal Office of Management and Budget. The Illinois
11		Department shall seek and obtain necessary authorization
12		provided under federal law to implement such a
13		demonstration. Such demonstration may establish resource
14		standards that are not more restrictive than those
15		established under Article IV of this Code.
16		6. (a) Subject to federal approval, children younger
17		than age 19 when countable income is at or below 313% of
18		the federal poverty level, as determined by the Department
19		and in accordance with all applicable federal
20		requirements. The Department is authorized to adopt
21		emergency rules to implement the changes made to this
22		paragraph by Public Act 102-43 this amendatory Act of the
23		102nd General Assembly. Until September 30, 2019, or
24		sooner if the maintenance of effort requirements under the
25		Patient Protection and Affordable Care Act are eliminated
26		or may be waived before then, children younger than age 19

HB5501 Engrossed - 1580 - LRB102 24698 AMC 33937 b
1		whose countable monthly income, after the deduction of
2		costs incurred for medical care and for other types of
3		remedial care as specified in administrative rule, is
4		equal to or less than the Medical Assistance-No Grant(C)
5		(MANG(C)) Income Standard in effect on April 1, 2013 as
6		set forth in administrative rule.
7		(b) Children and youth who are under temporary custody
8		or guardianship of the Department of Children and Family
9		Services or who receive financial assistance in support of
10		an adoption or guardianship placement from the Department
11		of Children and Family Services.
12		7. (Blank).
13		8. As required under federal law, persons who are
14		eligible for Transitional Medical Assistance as a result
15		of an increase in earnings or child or spousal support
16		received. The plan for coverage for this class of persons
17		shall:
18		(a) extend the medical assistance coverage to the
19		extent required by federal law; and
20		(b) offer persons who have initially received 6
21		months of the coverage provided in paragraph (a)
22		above, the option of receiving an additional 6 months
23		of coverage, subject to the following:
24		(i) such coverage shall be pursuant to
25		provisions of the federal Social Security Act;
26		(ii) such coverage shall include all services

HB5501 Engrossed - 1581 - LRB102 24698 AMC 33937 b
1		covered under Illinois' State Medicaid Plan;
2		(iii) no premium shall be charged for such
3		coverage; and
4		(iv) such coverage shall be suspended in the
5		event of a person's failure without good cause to
6		file in a timely fashion reports required for this
7		coverage under the Social Security Act and
8		coverage shall be reinstated upon the filing of
9		such reports if the person remains otherwise
10		eligible.
11		9. Persons with acquired immunodeficiency syndrome
12		(AIDS) or with AIDS-related conditions with respect to
13		whom there has been a determination that but for home or
14		community-based services such individuals would require
15		the level of care provided in an inpatient hospital,
16		skilled nursing facility or intermediate care facility the
17		cost of which is reimbursed under this Article. Assistance
18		shall be provided to such persons to the maximum extent
19		permitted under Title XIX of the Federal Social Security
20		Act.
21		10. Participants in the long-term care insurance
22		partnership program established under the Illinois
23		Long-Term Care Partnership Program Act who meet the
24		qualifications for protection of resources described in
25		Section 15 of that Act.
26		11. Persons with disabilities who are employed and

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1		eligible for Medicaid, pursuant to Section
2		1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
3		subject to federal approval, persons with a medically
4		improved disability who are employed and eligible for
5		Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
6		the Social Security Act, as provided by the Illinois
7		Department by rule. In establishing eligibility standards
8		under this paragraph 11, the Department shall, subject to
9		federal approval:
10		(a) set the income eligibility standard at not
11		lower than 350% of the federal poverty level;
12		(b) exempt retirement accounts that the person
13		cannot access without penalty before the age of 59
14		1/2, and medical savings accounts established pursuant
15		to 26 U.S.C. 220;
16		(c) allow non-exempt assets up to $25,000 as to
17		those assets accumulated during periods of eligibility
18		under this paragraph 11; and
19		(d) continue to apply subparagraphs (b) and (c) in
20		determining the eligibility of the person under this
21		Article even if the person loses eligibility under
22		this paragraph 11.
23		12. Subject to federal approval, persons who are
24		eligible for medical assistance coverage under applicable
25		provisions of the federal Social Security Act and the
26		federal Breast and Cervical Cancer Prevention and

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1		Treatment Act of 2000. Those eligible persons are defined
2		to include, but not be limited to, the following persons:
3		(1) persons who have been screened for breast or
4		cervical cancer under the U.S. Centers for Disease
5		Control and Prevention Breast and Cervical Cancer
6		Program established under Title XV of the federal
7		Public Health Service Act in accordance with the
8		requirements of Section 1504 of that Act as
9		administered by the Illinois Department of Public
10		Health; and
11		(2) persons whose screenings under the above
12		program were funded in whole or in part by funds
13		appropriated to the Illinois Department of Public
14		Health for breast or cervical cancer screening.
15		"Medical assistance" under this paragraph 12 shall be
16		identical to the benefits provided under the State's
17		approved plan under Title XIX of the Social Security Act.
18		The Department must request federal approval of the
19		coverage under this paragraph 12 within 30 days after July
20		3, 2001 (the effective date of Public Act 92-47).
21		In addition to the persons who are eligible for
22		medical assistance pursuant to subparagraphs (1) and (2)
23		of this paragraph 12, and to be paid from funds
24		appropriated to the Department for its medical programs,
25		any uninsured person as defined by the Department in rules
26		residing in Illinois who is younger than 65 years of age,

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1		who has been screened for breast and cervical cancer in
2		accordance with standards and procedures adopted by the
3		Department of Public Health for screening, and who is
4		referred to the Department by the Department of Public
5		Health as being in need of treatment for breast or
6		cervical cancer is eligible for medical assistance
7		benefits that are consistent with the benefits provided to
8		those persons described in subparagraphs (1) and (2).
9		Medical assistance coverage for the persons who are
10		eligible under the preceding sentence is not dependent on
11		federal approval, but federal moneys may be used to pay
12		for services provided under that coverage upon federal
13		approval.
14		13. Subject to appropriation and to federal approval,
15		persons living with HIV/AIDS who are not otherwise
16		eligible under this Article and who qualify for services
17		covered under Section 5-5.04 as provided by the Illinois
18		Department by rule.
19		14. Subject to the availability of funds for this
20		purpose, the Department may provide coverage under this
21		Article to persons who reside in Illinois who are not
22		eligible under any of the preceding paragraphs and who
23		meet the income guidelines of paragraph 2(a) of this
24		Section and (i) have an application for asylum pending
25		before the federal Department of Homeland Security or on
26		appeal before a court of competent jurisdiction and are

HB5501 Engrossed - 1585 - LRB102 24698 AMC 33937 b
1		represented either by counsel or by an advocate accredited
2		by the federal Department of Homeland Security and
3		employed by a not-for-profit organization in regard to
4		that application or appeal, or (ii) are receiving services
5		through a federally funded torture treatment center.
6		Medical coverage under this paragraph 14 may be provided
7		for up to 24 continuous months from the initial
8		eligibility date so long as an individual continues to
9		satisfy the criteria of this paragraph 14. If an
10		individual has an appeal pending regarding an application
11		for asylum before the Department of Homeland Security,
12		eligibility under this paragraph 14 may be extended until
13		a final decision is rendered on the appeal. The Department
14		may adopt rules governing the implementation of this
15		paragraph 14.
16		15. Family Care Eligibility.
17		(a) On and after July 1, 2012, a parent or other
18		caretaker relative who is 19 years of age or older when
19		countable income is at or below 133% of the federal
20		poverty level. A person may not spend down to become
21		eligible under this paragraph 15.
22		(b) Eligibility shall be reviewed annually.
23		(c) (Blank).
24		(d) (Blank).
25		(e) (Blank).
26		(f) (Blank).

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1		(g) (Blank).
2		(h) (Blank).
3		(i) Following termination of an individual's
4		coverage under this paragraph 15, the individual must
5		be determined eligible before the person can be
6		re-enrolled.
7		16. Subject to appropriation, uninsured persons who
8		are not otherwise eligible under this Section who have
9		been certified and referred by the Department of Public
10		Health as having been screened and found to need
11		diagnostic evaluation or treatment, or both diagnostic
12		evaluation and treatment, for prostate or testicular
13		cancer. For the purposes of this paragraph 16, uninsured
14		persons are those who do not have creditable coverage, as
15		defined under the Health Insurance Portability and
16		Accountability Act, or have otherwise exhausted any
17		insurance benefits they may have had, for prostate or
18		testicular cancer diagnostic evaluation or treatment, or
19		both diagnostic evaluation and treatment. To be eligible,
20		a person must furnish a Social Security number. A person's
21		assets are exempt from consideration in determining
22		eligibility under this paragraph 16. Such persons shall be
23		eligible for medical assistance under this paragraph 16
24		for so long as they need treatment for the cancer. A person
25		shall be considered to need treatment if, in the opinion
26		of the person's treating physician, the person requires

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1		therapy directed toward cure or palliation of prostate or
2		testicular cancer, including recurrent metastatic cancer
3		that is a known or presumed complication of prostate or
4		testicular cancer and complications resulting from the
5		treatment modalities themselves. Persons who require only
6		routine monitoring services are not considered to need
7		treatment. "Medical assistance" under this paragraph 16
8		shall be identical to the benefits provided under the
9		State's approved plan under Title XIX of the Social
10		Security Act. Notwithstanding any other provision of law,
11		the Department (i) does not have a claim against the
12		estate of a deceased recipient of services under this
13		paragraph 16 and (ii) does not have a lien against any
14		homestead property or other legal or equitable real
15		property interest owned by a recipient of services under
16		this paragraph 16.
17		17. Persons who, pursuant to a waiver approved by the
18		Secretary of the U.S. Department of Health and Human
19		Services, are eligible for medical assistance under Title
20		XIX or XXI of the federal Social Security Act.
21		Notwithstanding any other provision of this Code and
22		consistent with the terms of the approved waiver, the
23		Illinois Department, may by rule:
24		(a) Limit the geographic areas in which the waiver
25		program operates.
26		(b) Determine the scope, quantity, duration, and

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1		quality, and the rate and method of reimbursement, of
2		the medical services to be provided, which may differ
3		from those for other classes of persons eligible for
4		assistance under this Article.
5		(c) Restrict the persons' freedom in choice of
6		providers.
7		18. Beginning January 1, 2014, persons aged 19 or
8		older, but younger than 65, who are not otherwise eligible
9		for medical assistance under this Section 5-2, who qualify
10		for medical assistance pursuant to 42 U.S.C.
11		1396a(a)(10)(A)(i)(VIII) and applicable federal
12		regulations, and who have income at or below 133% of the
13		federal poverty level plus 5% for the applicable family
14		size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
15		applicable federal regulations. Persons eligible for
16		medical assistance under this paragraph 18 shall receive
17		coverage for the Health Benefits Service Package as that
18		term is defined in subsection (m) of Section 5-1.1 of this
19		Code. If Illinois' federal medical assistance percentage
20		(FMAP) is reduced below 90% for persons eligible for
21		medical assistance under this paragraph 18, eligibility
22		under this paragraph 18 shall cease no later than the end
23		of the third month following the month in which the
24		reduction in FMAP takes effect.
25		19. Beginning January 1, 2014, as required under 42
26		U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18

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1		and younger than age 26 who are not otherwise eligible for
2		medical assistance under paragraphs (1) through (17) of
3		this Section who (i) were in foster care under the
4		responsibility of the State on the date of attaining age
5		18 or on the date of attaining age 21 when a court has
6		continued wardship for good cause as provided in Section
7		2-31 of the Juvenile Court Act of 1987 and (ii) received
8		medical assistance under the Illinois Title XIX State Plan
9		or waiver of such plan while in foster care.
10		20. Beginning January 1, 2018, persons who are
11		foreign-born victims of human trafficking, torture, or
12		other serious crimes as defined in Section 2-19 of this
13		Code and their derivative family members if such persons:
14		(i) reside in Illinois; (ii) are not eligible under any of
15		the preceding paragraphs; (iii) meet the income guidelines
16		of subparagraph (a) of paragraph 2; and (iv) meet the
17		nonfinancial eligibility requirements of Sections 16-2,
18		16-3, and 16-5 of this Code. The Department may extend
19		medical assistance for persons who are foreign-born
20		victims of human trafficking, torture, or other serious
21		crimes whose medical assistance would be terminated
22		pursuant to subsection (b) of Section 16-5 if the
23		Department determines that the person, during the year of
24		initial eligibility (1) experienced a health crisis, (2)
25		has been unable, after reasonable attempts, to obtain
26		necessary information from a third party, or (3) has other

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1		extenuating circumstances that prevented the person from
2		completing his or her application for status. The
3		Department may adopt any rules necessary to implement the
4		provisions of this paragraph.
5		21. Persons who are not otherwise eligible for medical
6		assistance under this Section who may qualify for medical
7		assistance pursuant to 42 U.S.C.
8		1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
9		duration of any federal or State declared emergency due to
10		COVID-19. Medical assistance to persons eligible for
11		medical assistance solely pursuant to this paragraph 21
12		shall be limited to any in vitro diagnostic product (and
13		the administration of such product) described in 42 U.S.C.
14		1396d(a)(3)(B) on or after March 18, 2020, any visit
15		described in 42 U.S.C. 1396o(a)(2)(G), or any other
16		medical assistance that may be federally authorized for
17		this class of persons. The Department may also cover
18		treatment of COVID-19 for this class of persons, or any
19		similar category of uninsured individuals, to the extent
20		authorized under a federally approved 1115 Waiver or other
21		federal authority. Notwithstanding the provisions of
22		Section 1-11 of this Code, due to the nature of the
23		COVID-19 public health emergency, the Department may cover
24		and provide the medical assistance described in this
25		paragraph 21 to noncitizens who would otherwise meet the
26		eligibility requirements for the class of persons

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1		described in this paragraph 21 for the duration of the
2		State emergency period.
3		In implementing the provisions of Public Act 96-20, the
4		Department is authorized to adopt only those rules necessary,
5		including emergency rules. Nothing in Public Act 96-20 permits
6		the Department to adopt rules or issue a decision that expands
7		eligibility for the FamilyCare Program to a person whose
8		income exceeds 185% of the Federal Poverty Level as determined
9		from time to time by the U.S. Department of Health and Human
10		Services, unless the Department is provided with express
11		statutory authority.
12		The eligibility of any such person for medical assistance
13		under this Article is not affected by the payment of any grant
14		under the Senior Citizens and Persons with Disabilities
15		Property Tax Relief Act or any distributions or items of
16		income described under subparagraph (X) of paragraph (2) of
17		subsection (a) of Section 203 of the Illinois Income Tax Act.
18		The Department shall by rule establish the amounts of
19		assets to be disregarded in determining eligibility for
20		medical assistance, which shall at a minimum equal the amounts
21		to be disregarded under the Federal Supplemental Security
22		Income Program. The amount of assets of a single person to be
23		disregarded shall not be less than $2,000, and the amount of
24		assets of a married couple to be disregarded shall not be less
25		than $3,000.
26		To the extent permitted under federal law, any person

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1		found guilty of a second violation of Article VIIIA shall be
2		ineligible for medical assistance under this Article, as
3		provided in Section 8A-8.
4		The eligibility of any person for medical assistance under
5		this Article shall not be affected by the receipt by the person
6		of donations or benefits from fundraisers held for the person
7		in cases of serious illness, as long as neither the person nor
8		members of the person's family have actual control over the
9		donations or benefits or the disbursement of the donations or
10		benefits.
11		Notwithstanding any other provision of this Code, if the
12		United States Supreme Court holds Title II, Subtitle A,
13		Section 2001(a) of Public Law 111-148 to be unconstitutional,
14		or if a holding of Public Law 111-148 makes Medicaid
15		eligibility allowed under Section 2001(a) inoperable, the
16		State or a unit of local government shall be prohibited from
17		enrolling individuals in the Medical Assistance Program as the
18		result of federal approval of a State Medicaid waiver on or
19		after June 14, 2012 (the effective date of Public Act 97-687),
20		and any individuals enrolled in the Medical Assistance Program
21		pursuant to eligibility permitted as a result of such a State
22		Medicaid waiver shall become immediately ineligible.
23		Notwithstanding any other provision of this Code, if an
24		Act of Congress that becomes a Public Law eliminates Section
25		2001(a) of Public Law 111-148, the State or a unit of local
26		government shall be prohibited from enrolling individuals in

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1		the Medical Assistance Program as the result of federal
2		approval of a State Medicaid waiver on or after June 14, 2012
3		(the effective date of Public Act 97-687), and any individuals
4		enrolled in the Medical Assistance Program pursuant to
5		eligibility permitted as a result of such a State Medicaid
6		waiver shall become immediately ineligible.
7		Effective October 1, 2013, the determination of
8		eligibility of persons who qualify under paragraphs 5, 6, 8,
9		15, 17, and 18 of this Section shall comply with the
10		requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
11		regulations.
12		The Department of Healthcare and Family Services, the
13		Department of Human Services, and the Illinois health
14		insurance marketplace shall work cooperatively to assist
15		persons who would otherwise lose health benefits as a result
16		of changes made under Public Act 98-104 to transition to other
17		health insurance coverage.
18		(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
19		102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff.
20		10-8-21; revised 11-18-21.)
21		(305 ILCS 5/5-4.2)
22		Sec. 5-4.2. Ambulance services payments.
23		(a) For ambulance services provided to a recipient of aid
24		under this Article on or after January 1, 1993, the Illinois
25		Department shall reimburse ambulance service providers at

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1		rates calculated in accordance with this Section. It is the
2		intent of the General Assembly to provide adequate
3		reimbursement for ambulance services so as to ensure adequate
4		access to services for recipients of aid under this Article
5		and to provide appropriate incentives to ambulance service
6		providers to provide services in an efficient and
7		cost-effective manner. Thus, it is the intent of the General
8		Assembly that the Illinois Department implement a
9		reimbursement system for ambulance services that, to the
10		extent practicable and subject to the availability of funds
11		appropriated by the General Assembly for this purpose, is
12		consistent with the payment principles of Medicare. To ensure
13		uniformity between the payment principles of Medicare and
14		Medicaid, the Illinois Department shall follow, to the extent
15		necessary and practicable and subject to the availability of
16		funds appropriated by the General Assembly for this purpose,
17		the statutes, laws, regulations, policies, procedures,
18		principles, definitions, guidelines, and manuals used to
19		determine the amounts paid to ambulance service providers
20		under Title XVIII of the Social Security Act (Medicare).
21		(b) For ambulance services provided to a recipient of aid
22		under this Article on or after January 1, 1996, the Illinois
23		Department shall reimburse ambulance service providers based
24		upon the actual distance traveled if a natural disaster,
25		weather conditions, road repairs, or traffic congestion
26		necessitates the use of a route other than the most direct

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1		route.
2		(c) For purposes of this Section, "ambulance services"
3		includes medical transportation services provided by means of
4		an ambulance, medi-car, service car, or taxi.
5		(c-1) For purposes of this Section, "ground ambulance
6		service" means medical transportation services that are
7		described as ground ambulance services by the Centers for
8		Medicare and Medicaid Services and provided in a vehicle that
9		is licensed as an ambulance by the Illinois Department of
10		Public Health pursuant to the Emergency Medical Services (EMS)
11		Systems Act.
12		(c-2) For purposes of this Section, "ground ambulance
13		service provider" means a vehicle service provider as
14		described in the Emergency Medical Services (EMS) Systems Act
15		that operates licensed ambulances for the purpose of providing
16		emergency ambulance services, or non-emergency ambulance
17		services, or both. For purposes of this Section, this includes
18		both ambulance providers and ambulance suppliers as described
19		by the Centers for Medicare and Medicaid Services.
20		(c-3) For purposes of this Section, "medi-car" means
21		transportation services provided to a patient who is confined
22		to a wheelchair and requires the use of a hydraulic or electric
23		lift or ramp and wheelchair lockdown when the patient's
24		condition does not require medical observation, medical
25		supervision, medical equipment, the administration of
26		medications, or the administration of oxygen.

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1		(c-4) For purposes of this Section, "service car" means
2		transportation services provided to a patient by a passenger
3		vehicle where that patient does not require the specialized
4		modes described in subsection (c-1) or (c-3).
5		(d) This Section does not prohibit separate billing by
6		ambulance service providers for oxygen furnished while
7		providing advanced life support services.
8		(e) Beginning with services rendered on or after July 1,
9		2008, all providers of non-emergency medi-car and service car
10		transportation must certify that the driver and employee
11		attendant, as applicable, have completed a safety program
12		approved by the Department to protect both the patient and the
13		driver, prior to transporting a patient. The provider must
14		maintain this certification in its records. The provider shall
15		produce such documentation upon demand by the Department or
16		its representative. Failure to produce documentation of such
17		training shall result in recovery of any payments made by the
18		Department for services rendered by a non-certified driver or
19		employee attendant. Medi-car and service car providers must
20		maintain legible documentation in their records of the driver
21		and, as applicable, employee attendant that actually
22		transported the patient. Providers must recertify all drivers
23		and employee attendants every 3 years. If they meet the
24		established training components set forth by the Department,
25		providers of non-emergency medi-car and service car
26		transportation that are either directly or through an

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1		affiliated company licensed by the Department of Public Health
2		shall be approved by the Department to have in-house safety
3		programs for training their own staff.
4		Notwithstanding the requirements above, any public
5		transportation provider of medi-car and service car
6		transportation that receives federal funding under 49 U.S.C.
7		5307 and 5311 need not certify its drivers and employee
8		attendants under this Section, since safety training is
9		already federally mandated.
10		(f) With respect to any policy or program administered by
11		the Department or its agent regarding approval of
12		non-emergency medical transportation by ground ambulance
13		service providers, including, but not limited to, the
14		Non-Emergency Transportation Services Prior Approval Program
15		(NETSPAP), the Department shall establish by rule a process by
16		which ground ambulance service providers of non-emergency
17		medical transportation may appeal any decision by the
18		Department or its agent for which no denial was received prior
19		to the time of transport that either (i) denies a request for
20		approval for payment of non-emergency transportation by means
21		of ground ambulance service or (ii) grants a request for
22		approval of non-emergency transportation by means of ground
23		ambulance service at a level of service that entitles the
24		ground ambulance service provider to a lower level of
25		compensation from the Department than the ground ambulance
26		service provider would have received as compensation for the

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1		level of service requested. The rule shall be filed by
2		December 15, 2012 and shall provide that, for any decision
3		rendered by the Department or its agent on or after the date
4		the rule takes effect, the ground ambulance service provider
5		shall have 60 days from the date the decision is received to
6		file an appeal. The rule established by the Department shall
7		be, insofar as is practical, consistent with the Illinois
8		Administrative Procedure Act. The Director's decision on an
9		appeal under this Section shall be a final administrative
10		decision subject to review under the Administrative Review
11		Law.
12		(f-5) Beginning 90 days after July 20, 2012 (the effective
13		date of Public Act 97-842), (i) no denial of a request for
14		approval for payment of non-emergency transportation by means
15		of ground ambulance service, and (ii) no approval of
16		non-emergency transportation by means of ground ambulance
17		service at a level of service that entitles the ground
18		ambulance service provider to a lower level of compensation
19		from the Department than would have been received at the level
20		of service submitted by the ground ambulance service provider,
21		may be issued by the Department or its agent unless the
22		Department has submitted the criteria for determining the
23		appropriateness of the transport for first notice publication
24		in the Illinois Register pursuant to Section 5-40 of the
25		Illinois Administrative Procedure Act.
26		(f-7) For non-emergency ground ambulance claims properly

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1		denied under Department policy at the time the claim is filed
2		due to failure to submit a valid Medical Certification for
3		Non-Emergency Ambulance on and after December 15, 2012 and
4		prior to January 1, 2021, the Department shall allot
5		$2,000,000 to a pool to reimburse such claims if the provider
6		proves medical necessity for the service by other means.
7		Providers must submit any such denied claims for which they
8		seek compensation to the Department no later than December 31,
9		2021 along with documentation of medical necessity. No later
10		than May 31, 2022, the Department shall determine for which
11		claims medical necessity was established. Such claims for
12		which medical necessity was established shall be paid at the
13		rate in effect at the time of the service, provided the
14		$2,000,000 is sufficient to pay at those rates. If the pool is
15		not sufficient, claims shall be paid at a uniform percentage
16		of the applicable rate such that the pool of $2,000,000 is
17		exhausted. The appeal process described in subsection (f)
18		shall not be applicable to the Department's determinations
19		made in accordance with this subsection.
20		(g) Whenever a patient covered by a medical assistance
21		program under this Code or by another medical program
22		administered by the Department, including a patient covered
23		under the State's Medicaid managed care program, is being
24		transported from a facility and requires non-emergency
25		transportation including ground ambulance, medi-car, or
26		service car transportation, a Physician Certification

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1		Statement as described in this Section shall be required for
2		each patient. Facilities shall develop procedures for a
3		licensed medical professional to provide a written and signed
4		Physician Certification Statement. The Physician Certification
5		Statement shall specify the level of transportation services
6		needed and complete a medical certification establishing the
7		criteria for approval of non-emergency ambulance
8		transportation, as published by the Department of Healthcare
9		and Family Services, that is met by the patient. This
10		certification shall be completed prior to ordering the
11		transportation service and prior to patient discharge. The
12		Physician Certification Statement is not required prior to
13		transport if a delay in transport can be expected to
14		negatively affect the patient outcome. If the ground ambulance
15		provider, medi-car provider, or service car provider is unable
16		to obtain the required Physician Certification Statement
17		within 10 calendar days following the date of the service, the
18		ground ambulance provider, medi-car provider, or service car
19		provider must document its attempt to obtain the requested
20		certification and may then submit the claim for payment.
21		Acceptable documentation includes a signed return receipt from
22		the U.S. Postal Service, facsimile receipt, email receipt, or
23		other similar service that evidences that the ground ambulance
24		provider, medi-car provider, or service car provider attempted
25		to obtain the required Physician Certification Statement.
26		The medical certification specifying the level and type of

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1		non-emergency transportation needed shall be in the form of
2		the Physician Certification Statement on a standardized form
3		prescribed by the Department of Healthcare and Family
4		Services. Within 75 days after July 27, 2018 (the effective
5		date of Public Act 100-646), the Department of Healthcare and
6		Family Services shall develop a standardized form of the
7		Physician Certification Statement specifying the level and
8		type of transportation services needed in consultation with
9		the Department of Public Health, Medicaid managed care
10		organizations, a statewide association representing ambulance
11		providers, a statewide association representing hospitals, 3
12		statewide associations representing nursing homes, and other
13		stakeholders. The Physician Certification Statement shall
14		include, but is not limited to, the criteria necessary to
15		demonstrate medical necessity for the level of transport
16		needed as required by (i) the Department of Healthcare and
17		Family Services and (ii) the federal Centers for Medicare and
18		Medicaid Services as outlined in the Centers for Medicare and
19		Medicaid Services' Medicare Benefit Policy Manual, Pub.
20		100-02, Chap. 10, Sec. 10.2.1, et seq. The use of the Physician
21		Certification Statement shall satisfy the obligations of
22		hospitals under Section 6.22 of the Hospital Licensing Act and
23		nursing homes under Section 2-217 of the Nursing Home Care
24		Act. Implementation and acceptance of the Physician
25		Certification Statement shall take place no later than 90 days
26		after the issuance of the Physician Certification Statement by

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1		the Department of Healthcare and Family Services.
2		Pursuant to subsection (E) of Section 12-4.25 of this
3		Code, the Department is entitled to recover overpayments paid
4		to a provider or vendor, including, but not limited to, from
5		the discharging physician, the discharging facility, and the
6		ground ambulance service provider, in instances where a
7		non-emergency ground ambulance service is rendered as the
8		result of improper or false certification.
9		Beginning October 1, 2018, the Department of Healthcare
10		and Family Services shall collect data from Medicaid managed
11		care organizations and transportation brokers, including the
12		Department's NETSPAP broker, regarding denials and appeals
13		related to the missing or incomplete Physician Certification
14		Statement forms and overall compliance with this subsection.
15		The Department of Healthcare and Family Services shall publish
16		quarterly results on its website within 15 days following the
17		end of each quarter.
18		(h) On and after July 1, 2012, the Department shall reduce
19		any rate of reimbursement for services or other payments or
20		alter any methodologies authorized by this Code to reduce any
21		rate of reimbursement for services or other payments in
22		accordance with Section 5-5e.
23		(i) On and after July 1, 2018, the Department shall
24		increase the base rate of reimbursement for both base charges
25		and mileage charges for ground ambulance service providers for
26		medical transportation services provided by means of a ground

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1		ambulance to a level not lower than 112% of the base rate in
2		effect as of June 30, 2018.
3		(Source: P.A. 101-81, eff. 7-12-19; 101-649, eff. 7-7-20;
4		102-364, eff. 1-1-22; 102-650, eff. 8-27-21; revised 11-8-21.)
5		(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
6		Sec. 5-5. Medical services. The Illinois Department, by
7		rule, shall determine the quantity and quality of and the rate
8		of reimbursement for the medical assistance for which payment
9		will be authorized, and the medical services to be provided,
10		which may include all or part of the following: (1) inpatient
11		hospital services; (2) outpatient hospital services; (3) other
12		laboratory and X-ray services; (4) skilled nursing home
13		services; (5) physicians' services whether furnished in the
14		office, the patient's home, a hospital, a skilled nursing
15		home, or elsewhere; (6) medical care, or any other type of
16		remedial care furnished by licensed practitioners; (7) home
17		health care services; (8) private duty nursing service; (9)
18		clinic services; (10) dental services, including prevention
19		and treatment of periodontal disease and dental caries disease
20		for pregnant individuals, provided by an individual licensed
21		to practice dentistry or dental surgery; for purposes of this
22		item (10), "dental services" means diagnostic, preventive, or
23		corrective procedures provided by or under the supervision of
24		a dentist in the practice of his or her profession; (11)
25		physical therapy and related services; (12) prescribed drugs,

HB5501 Engrossed - 1604 - LRB102 24698 AMC 33937 b
1		dentures, and prosthetic devices; and eyeglasses prescribed by
2		a physician skilled in the diseases of the eye, or by an
3		optometrist, whichever the person may select; (13) other
4		diagnostic, screening, preventive, and rehabilitative
5		services, including to ensure that the individual's need for
6		intervention or treatment of mental disorders or substance use
7		disorders or co-occurring mental health and substance use
8		disorders is determined using a uniform screening, assessment,
9		and evaluation process inclusive of criteria, for children and
10		adults; for purposes of this item (13), a uniform screening,
11		assessment, and evaluation process refers to a process that
12		includes an appropriate evaluation and, as warranted, a
13		referral; "uniform" does not mean the use of a singular
14		instrument, tool, or process that all must utilize; (14)
15		transportation and such other expenses as may be necessary;
16		(15) medical treatment of sexual assault survivors, as defined
17		in Section 1a of the Sexual Assault Survivors Emergency
18		Treatment Act, for injuries sustained as a result of the
19		sexual assault, including examinations and laboratory tests to
20		discover evidence which may be used in criminal proceedings
21		arising from the sexual assault; (16) the diagnosis and
22		treatment of sickle cell anemia; (16.5) services performed by
23		a chiropractic physician licensed under the Medical Practice
24		Act of 1987 and acting within the scope of his or her license,
25		including, but not limited to, chiropractic manipulative
26		treatment; and (17) any other medical care, and any other type

HB5501 Engrossed - 1605 - LRB102 24698 AMC 33937 b
1		of remedial care recognized under the laws of this State. The
2		term "any other type of remedial care" shall include nursing
3		care and nursing home service for persons who rely on
4		treatment by spiritual means alone through prayer for healing.
5		Notwithstanding any other provision of this Section, a
6		comprehensive tobacco use cessation program that includes
7		purchasing prescription drugs or prescription medical devices
8		approved by the Food and Drug Administration shall be covered
9		under the medical assistance program under this Article for
10		persons who are otherwise eligible for assistance under this
11		Article.
12		Notwithstanding any other provision of this Code,
13		reproductive health care that is otherwise legal in Illinois
14		shall be covered under the medical assistance program for
15		persons who are otherwise eligible for medical assistance
16		under this Article.
17		Notwithstanding any other provision of this Section, all
18		tobacco cessation medications approved by the United States
19		Food and Drug Administration and all individual and group
20		tobacco cessation counseling services and telephone-based
21		counseling services and tobacco cessation medications provided
22		through the Illinois Tobacco Quitline shall be covered under
23		the medical assistance program for persons who are otherwise
24		eligible for assistance under this Article. The Department
25		shall comply with all federal requirements necessary to obtain
26		federal financial participation, as specified in 42 CFR

HB5501 Engrossed - 1606 - LRB102 24698 AMC 33937 b
1		433.15(b)(7), for telephone-based counseling services provided
2		through the Illinois Tobacco Quitline, including, but not
3		limited to: (i) entering into a memorandum of understanding or
4		interagency agreement with the Department of Public Health, as
5		administrator of the Illinois Tobacco Quitline; and (ii)
6		developing a cost allocation plan for Medicaid-allowable
7		Illinois Tobacco Quitline services in accordance with 45 CFR
8		95.507. The Department shall submit the memorandum of
9		understanding or interagency agreement, the cost allocation
10		plan, and all other necessary documentation to the Centers for
11		Medicare and Medicaid Services for review and approval.
12		Coverage under this paragraph shall be contingent upon federal
13		approval.
14		Notwithstanding any other provision of this Code, the
15		Illinois Department may not require, as a condition of payment
16		for any laboratory test authorized under this Article, that a
17		physician's handwritten signature appear on the laboratory
18		test order form. The Illinois Department may, however, impose
19		other appropriate requirements regarding laboratory test order
20		documentation.
21		Upon receipt of federal approval of an amendment to the
22		Illinois Title XIX State Plan for this purpose, the Department
23		shall authorize the Chicago Public Schools (CPS) to procure a
24		vendor or vendors to manufacture eyeglasses for individuals
25		enrolled in a school within the CPS system. CPS shall ensure
26		that its vendor or vendors are enrolled as providers in the

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1		medical assistance program and in any capitated Medicaid
2		managed care entity (MCE) serving individuals enrolled in a
3		school within the CPS system. Under any contract procured
4		under this provision, the vendor or vendors must serve only
5		individuals enrolled in a school within the CPS system. Claims
6		for services provided by CPS's vendor or vendors to recipients
7		of benefits in the medical assistance program under this Code,
8		the Children's Health Insurance Program, or the Covering ALL
9		KIDS Health Insurance Program shall be submitted to the
10		Department or the MCE in which the individual is enrolled for
11		payment and shall be reimbursed at the Department's or the
12		MCE's established rates or rate methodologies for eyeglasses.
13		On and after July 1, 2012, the Department of Healthcare
14		and Family Services may provide the following services to
15		persons eligible for assistance under this Article who are
16		participating in education, training or employment programs
17		operated by the Department of Human Services as successor to
18		the Department of Public Aid:
19		(1) dental services provided by or under the
20		supervision of a dentist; and
21		(2) eyeglasses prescribed by a physician skilled in
22		the diseases of the eye, or by an optometrist, whichever
23		the person may select.
24		On and after July 1, 2018, the Department of Healthcare
25		and Family Services shall provide dental services to any adult
26		who is otherwise eligible for assistance under the medical

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1		assistance program. As used in this paragraph, "dental
2		services" means diagnostic, preventative, restorative, or
3		corrective procedures, including procedures and services for
4		the prevention and treatment of periodontal disease and dental
5		caries disease, provided by an individual who is licensed to
6		practice dentistry or dental surgery or who is under the
7		supervision of a dentist in the practice of his or her
8		profession.
9		On and after July 1, 2018, targeted dental services, as
10		set forth in Exhibit D of the Consent Decree entered by the
11		United States District Court for the Northern District of
12		Illinois, Eastern Division, in the matter of Memisovski v.
13		Maram, Case No. 92 C 1982, that are provided to adults under
14		the medical assistance program shall be established at no less
15		than the rates set forth in the "New Rate" column in Exhibit D
16		of the Consent Decree for targeted dental services that are
17		provided to persons under the age of 18 under the medical
18		assistance program.
19		Notwithstanding any other provision of this Code and
20		subject to federal approval, the Department may adopt rules to
21		allow a dentist who is volunteering his or her service at no
22		cost to render dental services through an enrolled
23		not-for-profit health clinic without the dentist personally
24		enrolling as a participating provider in the medical
25		assistance program. A not-for-profit health clinic shall
26		include a public health clinic or Federally Qualified Health

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1		Center or other enrolled provider, as determined by the
2		Department, through which dental services covered under this
3		Section are performed. The Department shall establish a
4		process for payment of claims for reimbursement for covered
5		dental services rendered under this provision.
6		On and after January 1, 2022, the Department of Healthcare
7		and Family Services shall administer and regulate a
8		school-based dental program that allows for the out-of-office
9		delivery of preventative dental services in a school setting
10		to children under 19 years of age. The Department shall
11		establish, by rule, guidelines for participation by providers
12		and set requirements for follow-up referral care based on the
13		requirements established in the Dental Office Reference Manual
14		published by the Department that establishes the requirements
15		for dentists participating in the All Kids Dental School
16		Program. Every effort shall be made by the Department when
17		developing the program requirements to consider the different
18		geographic differences of both urban and rural areas of the
19		State for initial treatment and necessary follow-up care. No
20		provider shall be charged a fee by any unit of local government
21		to participate in the school-based dental program administered
22		by the Department. Nothing in this paragraph shall be
23		construed to limit or preempt a home rule unit's or school
24		district's authority to establish, change, or administer a
25		school-based dental program in addition to, or independent of,
26		the school-based dental program administered by the

HB5501 Engrossed - 1610 - LRB102 24698 AMC 33937 b
1		Department.
2		The Illinois Department, by rule, may distinguish and
3		classify the medical services to be provided only in
4		accordance with the classes of persons designated in Section
5		5-2.
6		The Department of Healthcare and Family Services must
7		provide coverage and reimbursement for amino acid-based
8		elemental formulas, regardless of delivery method, for the
9		diagnosis and treatment of (i) eosinophilic disorders and (ii)
10		short bowel syndrome when the prescribing physician has issued
11		a written order stating that the amino acid-based elemental
12		formula is medically necessary.
13		The Illinois Department shall authorize the provision of,
14		and shall authorize payment for, screening by low-dose
15		mammography for the presence of occult breast cancer for
16		individuals 35 years of age or older who are eligible for
17		medical assistance under this Article, as follows:
18		(A) A baseline mammogram for individuals 35 to 39
19		years of age.
20		(B) An annual mammogram for individuals 40 years of
21		age or older.
22		(C) A mammogram at the age and intervals considered
23		medically necessary by the individual's health care
24		provider for individuals under 40 years of age and having
25		a family history of breast cancer, prior personal history
26		of breast cancer, positive genetic testing, or other risk

HB5501 Engrossed - 1611 - LRB102 24698 AMC 33937 b
1		factors.
2		(D) A comprehensive ultrasound screening and MRI of an
3		entire breast or breasts if a mammogram demonstrates
4		heterogeneous or dense breast tissue or when medically
5		necessary as determined by a physician licensed to
6		practice medicine in all of its branches.
7		(E) A screening MRI when medically necessary, as
8		determined by a physician licensed to practice medicine in
9		all of its branches.
10		(F) A diagnostic mammogram when medically necessary,
11		as determined by a physician licensed to practice medicine
12		in all its branches, advanced practice registered nurse,
13		or physician assistant.
14		The Department shall not impose a deductible, coinsurance,
15		copayment, or any other cost-sharing requirement on the
16		coverage provided under this paragraph; except that this
17		sentence does not apply to coverage of diagnostic mammograms
18		to the extent such coverage would disqualify a high-deductible
19		health plan from eligibility for a health savings account
20		pursuant to Section 223 of the Internal Revenue Code (26
21		U.S.C. 223).
22		All screenings shall include a physical breast exam,
23		instruction on self-examination and information regarding the
24		frequency of self-examination and its value as a preventative
25		tool.
26		For purposes of this Section:

HB5501 Engrossed - 1612 - LRB102 24698 AMC 33937 b
1		"Diagnostic mammogram" means a mammogram obtained using
2		diagnostic mammography.
3		"Diagnostic mammography" means a method of screening that
4		is designed to evaluate an abnormality in a breast, including
5		an abnormality seen or suspected on a screening mammogram or a
6		subjective or objective abnormality otherwise detected in the
7		breast.
8		"Low-dose mammography" means the x-ray examination of the
9		breast using equipment dedicated specifically for mammography,
10		including the x-ray tube, filter, compression device, and
11		image receptor, with an average radiation exposure delivery of
12		less than one rad per breast for 2 views of an average size
13		breast. The term also includes digital mammography and
14		includes breast tomosynthesis.
15		"Breast tomosynthesis" means a radiologic procedure that
16		involves the acquisition of projection images over the
17		stationary breast to produce cross-sectional digital
18		three-dimensional images of the breast.
19		If, at any time, the Secretary of the United States
20		Department of Health and Human Services, or its successor
21		agency, promulgates rules or regulations to be published in
22		the Federal Register or publishes a comment in the Federal
23		Register or issues an opinion, guidance, or other action that
24		would require the State, pursuant to any provision of the
25		Patient Protection and Affordable Care Act (Public Law
26		111-148), including, but not limited to, 42 U.S.C.

HB5501 Engrossed - 1613 - LRB102 24698 AMC 33937 b
1		18031(d)(3)(B) or any successor provision, to defray the cost
2		of any coverage for breast tomosynthesis outlined in this
3		paragraph, then the requirement that an insurer cover breast
4		tomosynthesis is inoperative other than any such coverage
5		authorized under Section 1902 of the Social Security Act, 42
6		U.S.C. 1396a, and the State shall not assume any obligation
7		for the cost of coverage for breast tomosynthesis set forth in
8		this paragraph.
9		On and after January 1, 2016, the Department shall ensure
10		that all networks of care for adult clients of the Department
11		include access to at least one breast imaging Center of
12		Imaging Excellence as certified by the American College of
13		Radiology.
14		On and after January 1, 2012, providers participating in a
15		quality improvement program approved by the Department shall
16		be reimbursed for screening and diagnostic mammography at the
17		same rate as the Medicare program's rates, including the
18		increased reimbursement for digital mammography.
19		The Department shall convene an expert panel including
20		representatives of hospitals, free-standing mammography
21		facilities, and doctors, including radiologists, to establish
22		quality standards for mammography.
23		On and after January 1, 2017, providers participating in a
24		breast cancer treatment quality improvement program approved
25		by the Department shall be reimbursed for breast cancer
26		treatment at a rate that is no lower than 95% of the Medicare

HB5501 Engrossed - 1614 - LRB102 24698 AMC 33937 b
1		program's rates for the data elements included in the breast
2		cancer treatment quality program.
3		The Department shall convene an expert panel, including
4		representatives of hospitals, free-standing breast cancer
5		treatment centers, breast cancer quality organizations, and
6		doctors, including breast surgeons, reconstructive breast
7		surgeons, oncologists, and primary care providers to establish
8		quality standards for breast cancer treatment.
9		Subject to federal approval, the Department shall
10		establish a rate methodology for mammography at federally
11		qualified health centers and other encounter-rate clinics.
12		These clinics or centers may also collaborate with other
13		hospital-based mammography facilities. By January 1, 2016, the
14		Department shall report to the General Assembly on the status
15		of the provision set forth in this paragraph.
16		The Department shall establish a methodology to remind
17		individuals who are age-appropriate for screening mammography,
18		but who have not received a mammogram within the previous 18
19		months, of the importance and benefit of screening
20		mammography. The Department shall work with experts in breast
21		cancer outreach and patient navigation to optimize these
22		reminders and shall establish a methodology for evaluating
23		their effectiveness and modifying the methodology based on the
24		evaluation.
25		The Department shall establish a performance goal for
26		primary care providers with respect to their female patients

HB5501 Engrossed - 1615 - LRB102 24698 AMC 33937 b
1		over age 40 receiving an annual mammogram. This performance
2		goal shall be used to provide additional reimbursement in the
3		form of a quality performance bonus to primary care providers
4		who meet that goal.
5		The Department shall devise a means of case-managing or
6		patient navigation for beneficiaries diagnosed with breast
7		cancer. This program shall initially operate as a pilot
8		program in areas of the State with the highest incidence of
9		mortality related to breast cancer. At least one pilot program
10		site shall be in the metropolitan Chicago area and at least one
11		site shall be outside the metropolitan Chicago area. On or
12		after July 1, 2016, the pilot program shall be expanded to
13		include one site in western Illinois, one site in southern
14		Illinois, one site in central Illinois, and 4 sites within
15		metropolitan Chicago. An evaluation of the pilot program shall
16		be carried out measuring health outcomes and cost of care for
17		those served by the pilot program compared to similarly
18		situated patients who are not served by the pilot program.
19		The Department shall require all networks of care to
20		develop a means either internally or by contract with experts
21		in navigation and community outreach to navigate cancer
22		patients to comprehensive care in a timely fashion. The
23		Department shall require all networks of care to include
24		access for patients diagnosed with cancer to at least one
25		academic commission on cancer-accredited cancer program as an
26		in-network covered benefit.

HB5501 Engrossed - 1616 - LRB102 24698 AMC 33937 b
1		On or after July 1, 2022, individuals who are otherwise
2		eligible for medical assistance under this Article shall
3		receive coverage for perinatal depression screenings for the
4		12-month period beginning on the last day of their pregnancy.
5		Medical assistance coverage under this paragraph shall be
6		conditioned on the use of a screening instrument approved by
7		the Department.
8		Any medical or health care provider shall immediately
9		recommend, to any pregnant individual who is being provided
10		prenatal services and is suspected of having a substance use
11		disorder as defined in the Substance Use Disorder Act,
12		referral to a local substance use disorder treatment program
13		licensed by the Department of Human Services or to a licensed
14		hospital which provides substance abuse treatment services.
15		The Department of Healthcare and Family Services shall assure
16		coverage for the cost of treatment of the drug abuse or
17		addiction for pregnant recipients in accordance with the
18		Illinois Medicaid Program in conjunction with the Department
19		of Human Services.
20		All medical providers providing medical assistance to
21		pregnant individuals under this Code shall receive information
22		from the Department on the availability of services under any
23		program providing case management services for addicted
24		individuals, including information on appropriate referrals
25		for other social services that may be needed by addicted
26		individuals in addition to treatment for addiction.

HB5501 Engrossed - 1617 - LRB102 24698 AMC 33937 b
1		The Illinois Department, in cooperation with the
2		Departments of Human Services (as successor to the Department
3		of Alcoholism and Substance Abuse) and Public Health, through
4		a public awareness campaign, may provide information
5		concerning treatment for alcoholism and drug abuse and
6		addiction, prenatal health care, and other pertinent programs
7		directed at reducing the number of drug-affected infants born
8		to recipients of medical assistance.
9		Neither the Department of Healthcare and Family Services
10		nor the Department of Human Services shall sanction the
11		recipient solely on the basis of the recipient's substance
12		abuse.
13		The Illinois Department shall establish such regulations
14		governing the dispensing of health services under this Article
15		as it shall deem appropriate. The Department should seek the
16		advice of formal professional advisory committees appointed by
17		the Director of the Illinois Department for the purpose of
18		providing regular advice on policy and administrative matters,
19		information dissemination and educational activities for
20		medical and health care providers, and consistency in
21		procedures to the Illinois Department.
22		The Illinois Department may develop and contract with
23		Partnerships of medical providers to arrange medical services
24		for persons eligible under Section 5-2 of this Code.
25		Implementation of this Section may be by demonstration
26		projects in certain geographic areas. The Partnership shall be

HB5501 Engrossed - 1618 - LRB102 24698 AMC 33937 b
1		represented by a sponsor organization. The Department, by
2		rule, shall develop qualifications for sponsors of
3		Partnerships. Nothing in this Section shall be construed to
4		require that the sponsor organization be a medical
5		organization.
6		The sponsor must negotiate formal written contracts with
7		medical providers for physician services, inpatient and
8		outpatient hospital care, home health services, treatment for
9		alcoholism and substance abuse, and other services determined
10		necessary by the Illinois Department by rule for delivery by
11		Partnerships. Physician services must include prenatal and
12		obstetrical care. The Illinois Department shall reimburse
13		medical services delivered by Partnership providers to clients
14		in target areas according to provisions of this Article and
15		the Illinois Health Finance Reform Act, except that:
16		(1) Physicians participating in a Partnership and
17		providing certain services, which shall be determined by
18		the Illinois Department, to persons in areas covered by
19		the Partnership may receive an additional surcharge for
20		such services.
21		(2) The Department may elect to consider and negotiate
22		financial incentives to encourage the development of
23		Partnerships and the efficient delivery of medical care.
24		(3) Persons receiving medical services through
25		Partnerships may receive medical and case management
26		services above the level usually offered through the

HB5501 Engrossed - 1619 - LRB102 24698 AMC 33937 b
1		medical assistance program.
2		Medical providers shall be required to meet certain
3		qualifications to participate in Partnerships to ensure the
4		delivery of high quality medical services. These
5		qualifications shall be determined by rule of the Illinois
6		Department and may be higher than qualifications for
7		participation in the medical assistance program. Partnership
8		sponsors may prescribe reasonable additional qualifications
9		for participation by medical providers, only with the prior
10		written approval of the Illinois Department.
11		Nothing in this Section shall limit the free choice of
12		practitioners, hospitals, and other providers of medical
13		services by clients. In order to ensure patient freedom of
14		choice, the Illinois Department shall immediately promulgate
15		all rules and take all other necessary actions so that
16		provided services may be accessed from therapeutically
17		certified optometrists to the full extent of the Illinois
18		Optometric Practice Act of 1987 without discriminating between
19		service providers.
20		The Department shall apply for a waiver from the United
21		States Health Care Financing Administration to allow for the
22		implementation of Partnerships under this Section.
23		The Illinois Department shall require health care
24		providers to maintain records that document the medical care
25		and services provided to recipients of Medical Assistance
26		under this Article. Such records must be retained for a period

HB5501 Engrossed - 1620 - LRB102 24698 AMC 33937 b
1		of not less than 6 years from the date of service or as
2		provided by applicable State law, whichever period is longer,
3		except that if an audit is initiated within the required
4		retention period then the records must be retained until the
5		audit is completed and every exception is resolved. The
6		Illinois Department shall require health care providers to
7		make available, when authorized by the patient, in writing,
8		the medical records in a timely fashion to other health care
9		providers who are treating or serving persons eligible for
10		Medical Assistance under this Article. All dispensers of
11		medical services shall be required to maintain and retain
12		business and professional records sufficient to fully and
13		accurately document the nature, scope, details and receipt of
14		the health care provided to persons eligible for medical
15		assistance under this Code, in accordance with regulations
16		promulgated by the Illinois Department. The rules and
17		regulations shall require that proof of the receipt of
18		prescription drugs, dentures, prosthetic devices and
19		eyeglasses by eligible persons under this Section accompany
20		each claim for reimbursement submitted by the dispenser of
21		such medical services. No such claims for reimbursement shall
22		be approved for payment by the Illinois Department without
23		such proof of receipt, unless the Illinois Department shall
24		have put into effect and shall be operating a system of
25		post-payment audit and review which shall, on a sampling
26		basis, be deemed adequate by the Illinois Department to assure

HB5501 Engrossed - 1621 - LRB102 24698 AMC 33937 b
1		that such drugs, dentures, prosthetic devices and eyeglasses
2		for which payment is being made are actually being received by
3		eligible recipients. Within 90 days after September 16, 1984
4		(the effective date of Public Act 83-1439), the Illinois
5		Department shall establish a current list of acquisition costs
6		for all prosthetic devices and any other items recognized as
7		medical equipment and supplies reimbursable under this Article
8		and shall update such list on a quarterly basis, except that
9		the acquisition costs of all prescription drugs shall be
10		updated no less frequently than every 30 days as required by
11		Section 5-5.12.
12		Notwithstanding any other law to the contrary, the
13		Illinois Department shall, within 365 days after July 22, 2013
14		(the effective date of Public Act 98-104), establish
15		procedures to permit skilled care facilities licensed under
16		the Nursing Home Care Act to submit monthly billing claims for
17		reimbursement purposes. Following development of these
18		procedures, the Department shall, by July 1, 2016, test the
19		viability of the new system and implement any necessary
20		operational or structural changes to its information
21		technology platforms in order to allow for the direct
22		acceptance and payment of nursing home claims.
23		Notwithstanding any other law to the contrary, the
24		Illinois Department shall, within 365 days after August 15,
25		2014 (the effective date of Public Act 98-963), establish
26		procedures to permit ID/DD facilities licensed under the ID/DD

HB5501 Engrossed - 1622 - LRB102 24698 AMC 33937 b
1		Community Care Act and MC/DD facilities licensed under the
2		MC/DD Act to submit monthly billing claims for reimbursement
3		purposes. Following development of these procedures, the
4		Department shall have an additional 365 days to test the
5		viability of the new system and to ensure that any necessary
6		operational or structural changes to its information
7		technology platforms are implemented.
8		The Illinois Department shall require all dispensers of
9		medical services, other than an individual practitioner or
10		group of practitioners, desiring to participate in the Medical
11		Assistance program established under this Article to disclose
12		all financial, beneficial, ownership, equity, surety or other
13		interests in any and all firms, corporations, partnerships,
14		associations, business enterprises, joint ventures, agencies,
15		institutions or other legal entities providing any form of
16		health care services in this State under this Article.
17		The Illinois Department may require that all dispensers of
18		medical services desiring to participate in the medical
19		assistance program established under this Article disclose,
20		under such terms and conditions as the Illinois Department may
21		by rule establish, all inquiries from clients and attorneys
22		regarding medical bills paid by the Illinois Department, which
23		inquiries could indicate potential existence of claims or
24		liens for the Illinois Department.
25		Enrollment of a vendor shall be subject to a provisional
26		period and shall be conditional for one year. During the

HB5501 Engrossed - 1623 - LRB102 24698 AMC 33937 b
1		period of conditional enrollment, the Department may terminate
2		the vendor's eligibility to participate in, or may disenroll
3		the vendor from, the medical assistance program without cause.
4		Unless otherwise specified, such termination of eligibility or
5		disenrollment is not subject to the Department's hearing
6		process. However, a disenrolled vendor may reapply without
7		penalty.
8		The Department has the discretion to limit the conditional
9		enrollment period for vendors based upon category of risk of
10		the vendor.
11		Prior to enrollment and during the conditional enrollment
12		period in the medical assistance program, all vendors shall be
13		subject to enhanced oversight, screening, and review based on
14		the risk of fraud, waste, and abuse that is posed by the
15		category of risk of the vendor. The Illinois Department shall
16		establish the procedures for oversight, screening, and review,
17		which may include, but need not be limited to: criminal and
18		financial background checks; fingerprinting; license,
19		certification, and authorization verifications; unscheduled or
20		unannounced site visits; database checks; prepayment audit
21		reviews; audits; payment caps; payment suspensions; and other
22		screening as required by federal or State law.
23		The Department shall define or specify the following: (i)
24		by provider notice, the "category of risk of the vendor" for
25		each type of vendor, which shall take into account the level of
26		screening applicable to a particular category of vendor under

HB5501 Engrossed - 1624 - LRB102 24698 AMC 33937 b
1		federal law and regulations; (ii) by rule or provider notice,
2		the maximum length of the conditional enrollment period for
3		each category of risk of the vendor; and (iii) by rule, the
4		hearing rights, if any, afforded to a vendor in each category
5		of risk of the vendor that is terminated or disenrolled during
6		the conditional enrollment period.
7		To be eligible for payment consideration, a vendor's
8		payment claim or bill, either as an initial claim or as a
9		resubmitted claim following prior rejection, must be received
10		by the Illinois Department, or its fiscal intermediary, no
11		later than 180 days after the latest date on the claim on which
12		medical goods or services were provided, with the following
13		exceptions:
14		(1) In the case of a provider whose enrollment is in
15		process by the Illinois Department, the 180-day period
16		shall not begin until the date on the written notice from
17		the Illinois Department that the provider enrollment is
18		complete.
19		(2) In the case of errors attributable to the Illinois
20		Department or any of its claims processing intermediaries
21		which result in an inability to receive, process, or
22		adjudicate a claim, the 180-day period shall not begin
23		until the provider has been notified of the error.
24		(3) In the case of a provider for whom the Illinois
25		Department initiates the monthly billing process.
26		(4) In the case of a provider operated by a unit of

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1		local government with a population exceeding 3,000,000
2		when local government funds finance federal participation
3		for claims payments.
4		For claims for services rendered during a period for which
5		a recipient received retroactive eligibility, claims must be
6		filed within 180 days after the Department determines the
7		applicant is eligible. For claims for which the Illinois
8		Department is not the primary payer, claims must be submitted
9		to the Illinois Department within 180 days after the final
10		adjudication by the primary payer.
11		In the case of long term care facilities, within 120
12		calendar days of receipt by the facility of required
13		prescreening information, new admissions with associated
14		admission documents shall be submitted through the Medical
15		Electronic Data Interchange (MEDI) or the Recipient
16		Eligibility Verification (REV) System or shall be submitted
17		directly to the Department of Human Services using required
18		admission forms. Effective September 1, 2014, admission
19		documents, including all prescreening information, must be
20		submitted through MEDI or REV. Confirmation numbers assigned
21		to an accepted transaction shall be retained by a facility to
22		verify timely submittal. Once an admission transaction has
23		been completed, all resubmitted claims following prior
24		rejection are subject to receipt no later than 180 days after
25		the admission transaction has been completed.
26		Claims that are not submitted and received in compliance

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1		with the foregoing requirements shall not be eligible for
2		payment under the medical assistance program, and the State
3		shall have no liability for payment of those claims.
4		To the extent consistent with applicable information and
5		privacy, security, and disclosure laws, State and federal
6		agencies and departments shall provide the Illinois Department
7		access to confidential and other information and data
8		necessary to perform eligibility and payment verifications and
9		other Illinois Department functions. This includes, but is not
10		limited to: information pertaining to licensure;
11		certification; earnings; immigration status; citizenship; wage
12		reporting; unearned and earned income; pension income;
13		employment; supplemental security income; social security
14		numbers; National Provider Identifier (NPI) numbers; the
15		National Practitioner Data Bank (NPDB); program and agency
16		exclusions; taxpayer identification numbers; tax delinquency;
17		corporate information; and death records.
18		The Illinois Department shall enter into agreements with
19		State agencies and departments, and is authorized to enter
20		into agreements with federal agencies and departments, under
21		which such agencies and departments shall share data necessary
22		for medical assistance program integrity functions and
23		oversight. The Illinois Department shall develop, in
24		cooperation with other State departments and agencies, and in
25		compliance with applicable federal laws and regulations,
26		appropriate and effective methods to share such data. At a

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1		minimum, and to the extent necessary to provide data sharing,
2		the Illinois Department shall enter into agreements with State
3		agencies and departments, and is authorized to enter into
4		agreements with federal agencies and departments, including,
5		but not limited to: the Secretary of State; the Department of
6		Revenue; the Department of Public Health; the Department of
7		Human Services; and the Department of Financial and
8		Professional Regulation.
9		Beginning in fiscal year 2013, the Illinois Department
10		shall set forth a request for information to identify the
11		benefits of a pre-payment, post-adjudication, and post-edit
12		claims system with the goals of streamlining claims processing
13		and provider reimbursement, reducing the number of pending or
14		rejected claims, and helping to ensure a more transparent
15		adjudication process through the utilization of: (i) provider
16		data verification and provider screening technology; and (ii)
17		clinical code editing; and (iii) pre-pay, pre- or
18		post-adjudicated predictive modeling with an integrated case
19		management system with link analysis. Such a request for
20		information shall not be considered as a request for proposal
21		or as an obligation on the part of the Illinois Department to
22		take any action or acquire any products or services.
23		The Illinois Department shall establish policies,
24		procedures, standards and criteria by rule for the
25		acquisition, repair and replacement of orthotic and prosthetic
26		devices and durable medical equipment. Such rules shall

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1		provide, but not be limited to, the following services: (1)
2		immediate repair or replacement of such devices by recipients;
3		and (2) rental, lease, purchase or lease-purchase of durable
4		medical equipment in a cost-effective manner, taking into
5		consideration the recipient's medical prognosis, the extent of
6		the recipient's needs, and the requirements and costs for
7		maintaining such equipment. Subject to prior approval, such
8		rules shall enable a recipient to temporarily acquire and use
9		alternative or substitute devices or equipment pending repairs
10		or replacements of any device or equipment previously
11		authorized for such recipient by the Department.
12		Notwithstanding any provision of Section 5-5f to the contrary,
13		the Department may, by rule, exempt certain replacement
14		wheelchair parts from prior approval and, for wheelchairs,
15		wheelchair parts, wheelchair accessories, and related seating
16		and positioning items, determine the wholesale price by
17		methods other than actual acquisition costs.
18		The Department shall require, by rule, all providers of
19		durable medical equipment to be accredited by an accreditation
20		organization approved by the federal Centers for Medicare and
21		Medicaid Services and recognized by the Department in order to
22		bill the Department for providing durable medical equipment to
23		recipients. No later than 15 months after the effective date
24		of the rule adopted pursuant to this paragraph, all providers
25		must meet the accreditation requirement.
26		In order to promote environmental responsibility, meet the

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1		needs of recipients and enrollees, and achieve significant
2		cost savings, the Department, or a managed care organization
3		under contract with the Department, may provide recipients or
4		managed care enrollees who have a prescription or Certificate
5		of Medical Necessity access to refurbished durable medical
6		equipment under this Section (excluding prosthetic and
7		orthotic devices as defined in the Orthotics, Prosthetics, and
8		Pedorthics Practice Act and complex rehabilitation technology
9		products and associated services) through the State's
10		assistive technology program's reutilization program, using
11		staff with the Assistive Technology Professional (ATP)
12		Certification if the refurbished durable medical equipment:
13		(i) is available; (ii) is less expensive, including shipping
14		costs, than new durable medical equipment of the same type;
15		(iii) is able to withstand at least 3 years of use; (iv) is
16		cleaned, disinfected, sterilized, and safe in accordance with
17		federal Food and Drug Administration regulations and guidance
18		governing the reprocessing of medical devices in health care
19		settings; and (v) equally meets the needs of the recipient or
20		enrollee. The reutilization program shall confirm that the
21		recipient or enrollee is not already in receipt of the same or
22		similar equipment from another service provider, and that the
23		refurbished durable medical equipment equally meets the needs
24		of the recipient or enrollee. Nothing in this paragraph shall
25		be construed to limit recipient or enrollee choice to obtain
26		new durable medical equipment or place any additional prior

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1		authorization conditions on enrollees of managed care
2		organizations.
3		The Department shall execute, relative to the nursing home
4		prescreening project, written inter-agency agreements with the
5		Department of Human Services and the Department on Aging, to
6		effect the following: (i) intake procedures and common
7		eligibility criteria for those persons who are receiving
8		non-institutional services; and (ii) the establishment and
9		development of non-institutional services in areas of the
10		State where they are not currently available or are
11		undeveloped; and (iii) notwithstanding any other provision of
12		law, subject to federal approval, on and after July 1, 2012, an
13		increase in the determination of need (DON) scores from 29 to
14		37 for applicants for institutional and home and
15		community-based long term care; if and only if federal
16		approval is not granted, the Department may, in conjunction
17		with other affected agencies, implement utilization controls
18		or changes in benefit packages to effectuate a similar savings
19		amount for this population; and (iv) no later than July 1,
20		2013, minimum level of care eligibility criteria for
21		institutional and home and community-based long term care; and
22		(v) no later than October 1, 2013, establish procedures to
23		permit long term care providers access to eligibility scores
24		for individuals with an admission date who are seeking or
25		receiving services from the long term care provider. In order
26		to select the minimum level of care eligibility criteria, the

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1		Governor shall establish a workgroup that includes affected
2		agency representatives and stakeholders representing the
3		institutional and home and community-based long term care
4		interests. This Section shall not restrict the Department from
5		implementing lower level of care eligibility criteria for
6		community-based services in circumstances where federal
7		approval has been granted.
8		The Illinois Department shall develop and operate, in
9		cooperation with other State Departments and agencies and in
10		compliance with applicable federal laws and regulations,
11		appropriate and effective systems of health care evaluation
12		and programs for monitoring of utilization of health care
13		services and facilities, as it affects persons eligible for
14		medical assistance under this Code.
15		The Illinois Department shall report annually to the
16		General Assembly, no later than the second Friday in April of
17		1979 and each year thereafter, in regard to:
18		(a) actual statistics and trends in utilization of
19		medical services by public aid recipients;
20		(b) actual statistics and trends in the provision of
21		the various medical services by medical vendors;
22		(c) current rate structures and proposed changes in
23		those rate structures for the various medical vendors; and
24		(d) efforts at utilization review and control by the
25		Illinois Department.
26		The period covered by each report shall be the 3 years

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1		ending on the June 30 prior to the report. The report shall
2		include suggested legislation for consideration by the General
3		Assembly. The requirement for reporting to the General
4		Assembly shall be satisfied by filing copies of the report as
5		required by Section 3.1 of the General Assembly Organization
6		Act, and filing such additional copies with the State
7		Government Report Distribution Center for the General Assembly
8		as is required under paragraph (t) of Section 7 of the State
9		Library Act.
10		Rulemaking authority to implement Public Act 95-1045, if
11		any, is conditioned on the rules being adopted in accordance
12		with all provisions of the Illinois Administrative Procedure
13		Act and all rules and procedures of the Joint Committee on
14		Administrative Rules; any purported rule not so adopted, for
15		whatever reason, is unauthorized.
16		On and after July 1, 2012, the Department shall reduce any
17		rate of reimbursement for services or other payments or alter
18		any methodologies authorized by this Code to reduce any rate
19		of reimbursement for services or other payments in accordance
20		with Section 5-5e.
21		Because kidney transplantation can be an appropriate,
22		cost-effective alternative to renal dialysis when medically
23		necessary and notwithstanding the provisions of Section 1-11
24		of this Code, beginning October 1, 2014, the Department shall
25		cover kidney transplantation for noncitizens with end-stage
26		renal disease who are not eligible for comprehensive medical

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1		benefits, who meet the residency requirements of Section 5-3
2		of this Code, and who would otherwise meet the financial
3		requirements of the appropriate class of eligible persons
4		under Section 5-2 of this Code. To qualify for coverage of
5		kidney transplantation, such person must be receiving
6		emergency renal dialysis services covered by the Department.
7		Providers under this Section shall be prior approved and
8		certified by the Department to perform kidney transplantation
9		and the services under this Section shall be limited to
10		services associated with kidney transplantation.
11		Notwithstanding any other provision of this Code to the
12		contrary, on or after July 1, 2015, all FDA approved forms of
13		medication assisted treatment prescribed for the treatment of
14		alcohol dependence or treatment of opioid dependence shall be
15		covered under both fee for service and managed care medical
16		assistance programs for persons who are otherwise eligible for
17		medical assistance under this Article and shall not be subject
18		to any (1) utilization control, other than those established
19		under the American Society of Addiction Medicine patient
20		placement criteria, (2) prior authorization mandate, or (3)
21		lifetime restriction limit mandate.
22		On or after July 1, 2015, opioid antagonists prescribed
23		for the treatment of an opioid overdose, including the
24		medication product, administration devices, and any pharmacy
25		fees or hospital fees related to the dispensing, distribution,
26		and administration of the opioid antagonist, shall be covered

HB5501 Engrossed - 1634 - LRB102 24698 AMC 33937 b
1		under the medical assistance program for persons who are
2		otherwise eligible for medical assistance under this Article.
3		As used in this Section, "opioid antagonist" means a drug that
4		binds to opioid receptors and blocks or inhibits the effect of
5		opioids acting on those receptors, including, but not limited
6		to, naloxone hydrochloride or any other similarly acting drug
7		approved by the U.S. Food and Drug Administration.
8		Upon federal approval, the Department shall provide
9		coverage and reimbursement for all drugs that are approved for
10		marketing by the federal Food and Drug Administration and that
11		are recommended by the federal Public Health Service or the
12		United States Centers for Disease Control and Prevention for
13		pre-exposure prophylaxis and related pre-exposure prophylaxis
14		services, including, but not limited to, HIV and sexually
15		transmitted infection screening, treatment for sexually
16		transmitted infections, medical monitoring, assorted labs, and
17		counseling to reduce the likelihood of HIV infection among
18		individuals who are not infected with HIV but who are at high
19		risk of HIV infection.
20		A federally qualified health center, as defined in Section
21		1905(l)(2)(B) of the federal Social Security Act, shall be
22		reimbursed by the Department in accordance with the federally
23		qualified health center's encounter rate for services provided
24		to medical assistance recipients that are performed by a
25		dental hygienist, as defined under the Illinois Dental
26		Practice Act, working under the general supervision of a

HB5501 Engrossed - 1635 - LRB102 24698 AMC 33937 b
1		dentist and employed by a federally qualified health center.
2		Within 90 days after October 8, 2021 (the effective date
3		of Public Act 102-665) this amendatory Act of the 102nd
4		General Assembly, the Department shall seek federal approval
5		of a State Plan amendment to expand coverage for family
6		planning services that includes presumptive eligibility to
7		individuals whose income is at or below 208% of the federal
8		poverty level. Coverage under this Section shall be effective
9		beginning no later than December 1, 2022.
10		Subject to approval by the federal Centers for Medicare
11		and Medicaid Services of a Title XIX State Plan amendment
12		electing the Program of All-Inclusive Care for the Elderly
13		(PACE) as a State Medicaid option, as provided for by Subtitle
14		I (commencing with Section 4801) of Title IV of the Balanced
15		Budget Act of 1997 (Public Law 105-33) and Part 460
16		(commencing with Section 460.2) of Subchapter E of Title 42 of
17		the Code of Federal Regulations, PACE program services shall
18		become a covered benefit of the medical assistance program,
19		subject to criteria established in accordance with all
20		applicable laws.
21		Notwithstanding any other provision of this Code,
22		community-based pediatric palliative care from a trained
23		interdisciplinary team shall be covered under the medical
24		assistance program as provided in Section 15 of the Pediatric
25		Palliative Care Act.
26		(Source: P.A. 101-209, eff. 8-5-19; 101-580, eff. 1-1-20;

HB5501 Engrossed - 1636 - LRB102 24698 AMC 33937 b
1		102-43, Article 30, Section 30-5, eff. 7-6-21; 102-43, Article
2		35, Section 35-5, eff. 7-6-21; 102-43, Article 55, Section
3		55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, eff. 1-1-22;
4		102-558, eff. 8-20-21; 102-598, eff. 1-1-22; 102-655, eff.
5		1-1-22; 102-665, eff. 10-8-21; revised 11-18-21.)
6		(305 ILCS 5/5-5.12d)
7		Sec. 5-5.12d. Coverage for patient care services for
8		hormonal contraceptives provided by a pharmacist.
9		(a) Subject to approval by the federal Centers for
10		Medicare and Medicaid Services, the medical assistance
11		program, including both the fee-for-service and managed care
12		medical assistance programs established under this Article,
13		shall cover patient care services provided by a pharmacist for
14		hormonal contraceptives assessment and consultation.
15		(b) The Department shall establish a fee schedule for
16		patient care services provided by a pharmacist for hormonal
17		contraceptives assessment and consultation.
18		(c) The rate of reimbursement for patient care services
19		provided by a pharmacist for hormonal contraceptives
20		assessment and consultation shall be at 85% of the fee
21		schedule for physician services by the medical assistance
22		program.
23		(d) A pharmacist must be enrolled in the medical
24		assistance program as an ordering and referring provider prior
25		to providing hormonal contraceptives assessment and

HB5501 Engrossed - 1637 - LRB102 24698 AMC 33937 b
1		consultation that is submitted by a pharmacy or pharmacist
2		provider for reimbursement pursuant to this Section.
3		(e) The Department shall apply for any necessary federal
4		waivers or approvals to implement this Section by January 1,
5		2022.
6		(f) This Section does not restrict or prohibit any
7		services currently provided by pharmacists as authorized by
8		law, including, but not limited to, pharmacist services
9		provided under this Code or authorized under the Illinois
10		Title XIX State Plan.
11		(g) The Department shall submit to the Joint Committee on
12		Administrative Rules administrative rules for this Section as
13		soon as practicable but no later than 6 months after federal
14		approval is received.
15		(Source: P.A. 102-103, eff. 1-1-22.)
16		(305 ILCS 5/5-5.12e)
17		Sec. 5-5.12e 5-5.12d. Managed care organization prior
18		authorization of health care services.
19		(a) As used in this Section, "health care service" has the
20		meaning given to that term in the Prior Authorization Reform
21		Act.
22		(b) Notwithstanding any other provision of law to the
23		contrary, all managed care organizations shall comply with the
24		requirements of the Prior Authorization Reform Act.
25		(Source: P.A. 102-409, eff. 1-1-22; revised 11-10-21.)

HB5501 Engrossed - 1638 - LRB102 24698 AMC 33937 b
1		(305 ILCS 5/5-5f)
2		Sec. 5-5f. Elimination and limitations of medical
3		assistance services. Notwithstanding any other provision of
4		this Code to the contrary, on and after July 1, 2012:
5		(a) The following service shall no longer be a covered
6		service available under this Code: group psychotherapy for
7		residents of any facility licensed under the Nursing Home
8		Care Act or the Specialized Mental Health Rehabilitation
9		Act of 2013.
10		(b) The Department shall place the following
11		limitations on services: (i) the Department shall limit
12		adult eyeglasses to one pair every 2 years; however, the
13		limitation does not apply to an individual who needs
14		different eyeglasses following a surgical procedure such
15		as cataract surgery; (ii) the Department shall set an
16		annual limit of a maximum of 20 visits for each of the
17		following services: adult speech, hearing, and language
18		therapy services, adult occupational therapy services, and
19		physical therapy services; on or after October 1, 2014,
20		the annual maximum limit of 20 visits shall expire but the
21		Department may require prior approval for all individuals
22		for speech, hearing, and language therapy services,
23		occupational therapy services, and physical therapy
24		services; (iii) the Department shall limit adult podiatry
25		services to individuals with diabetes; on or after October

HB5501 Engrossed - 1639 - LRB102 24698 AMC 33937 b
1		1, 2014, podiatry services shall not be limited to
2		individuals with diabetes; (iv) the Department shall pay
3		for caesarean sections at the normal vaginal delivery rate
4		unless a caesarean section was medically necessary; (v)
5		the Department shall limit adult dental services to
6		emergencies; beginning July 1, 2013, the Department shall
7		ensure that the following conditions are recognized as
8		emergencies: (A) dental services necessary for an
9		individual in order for the individual to be cleared for a
10		medical procedure, such as a transplant; (B) extractions
11		and dentures necessary for a diabetic to receive proper
12		nutrition; (C) extractions and dentures necessary as a
13		result of cancer treatment; and (D) dental services
14		necessary for the health of a pregnant woman prior to
15		delivery of her baby; on or after July 1, 2014, adult
16		dental services shall no longer be limited to emergencies,
17		and dental services necessary for the health of a pregnant
18		woman prior to delivery of her baby shall continue to be
19		covered; and (vi) effective July 1, 2012 through June 30,
20		2021, the Department shall place limitations and require
21		concurrent review on every inpatient detoxification stay
22		to prevent repeat admissions to any hospital for
23		detoxification within 60 days of a previous inpatient
24		detoxification stay. The Department shall convene a
25		workgroup of hospitals, substance abuse providers, care
26		coordination entities, managed care plans, and other

HB5501 Engrossed - 1640 - LRB102 24698 AMC 33937 b
1		stakeholders to develop recommendations for quality
2		standards, diversion to other settings, and admission
3		criteria for patients who need inpatient detoxification,
4		which shall be published on the Department's website no
5		later than September 1, 2013.
6		(c) The Department shall require prior approval of the
7		following services: wheelchair repairs costing more than
8		$750, coronary artery bypass graft, and bariatric surgery
9		consistent with Medicare standards concerning patient
10		responsibility. Wheelchair repair prior approval requests
11		shall be adjudicated within one business day of receipt of
12		complete supporting documentation. Providers may not break
13		wheelchair repairs into separate claims for purposes of
14		staying under the $750 threshold for requiring prior
15		approval. The wholesale price of manual and power
16		wheelchairs, durable medical equipment and supplies, and
17		complex rehabilitation technology products and services
18		shall be defined as actual acquisition cost including all
19		discounts.
20		(d) The Department shall establish benchmarks for
21		hospitals to measure and align payments to reduce
22		potentially preventable hospital readmissions, inpatient
23		complications, and unnecessary emergency room visits. In
24		doing so, the Department shall consider items, including,
25		but not limited to, historic and current acuity of care
26		and historic and current trends in readmission. The

HB5501 Engrossed - 1641 - LRB102 24698 AMC 33937 b
1		Department shall publish provider-specific historical
2		readmission data and anticipated potentially preventable
3		targets 60 days prior to the start of the program. In the
4		instance of readmissions, the Department shall adopt
5		policies and rates of reimbursement for services and other
6		payments provided under this Code to ensure that, by June
7		30, 2013, expenditures to hospitals are reduced by, at a
8		minimum, $40,000,000.
9		(e) The Department shall establish utilization
10		controls for the hospice program such that it shall not
11		pay for other care services when an individual is in
12		hospice.
13		(f) For home health services, the Department shall
14		require Medicare certification of providers participating
15		in the program and implement the Medicare face-to-face
16		encounter rule. The Department shall require providers to
17		implement auditable electronic service verification based
18		on global positioning systems or other cost-effective
19		technology.
20		(g) For the Home Services Program operated by the
21		Department of Human Services and the Community Care
22		Program operated by the Department on Aging, the
23		Department of Human Services, in cooperation with the
24		Department on Aging, shall implement an electronic service
25		verification based on global positioning systems or other
26		cost-effective technology.

HB5501 Engrossed - 1642 - LRB102 24698 AMC 33937 b
1		(h) Effective with inpatient hospital admissions on or
2		after July 1, 2012, the Department shall reduce the
3		payment for a claim that indicates the occurrence of a
4		provider-preventable condition during the admission as
5		specified by the Department in rules. The Department shall
6		not pay for services related to an other
7		provider-preventable condition.
8		As used in this subsection (h):
9		"Provider-preventable condition" means a health care
10		acquired condition as defined under the federal Medicaid
11		regulation found at 42 CFR 447.26 or an other
12		provider-preventable condition.
13		"Other provider-preventable condition" means a wrong
14		surgical or other invasive procedure performed on a
15		patient, a surgical or other invasive procedure performed
16		on the wrong body part, or a surgical procedure or other
17		invasive procedure performed on the wrong patient.
18		(i) The Department shall implement cost savings
19		initiatives for advanced imaging services, cardiac imaging
20		services, pain management services, and back surgery. Such
21		initiatives shall be designed to achieve annual costs
22		savings.
23		(j) The Department shall ensure that beneficiaries
24		with a diagnosis of epilepsy or seizure disorder in
25		Department records will not require prior approval for
26		anticonvulsants.

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1		(Source: P.A. 101-209, eff. 8-5-19; 102-43, Article 5, Section
2		5-5, eff. 7-6-21; 102-43, Article 30, Section 30-5, eff.
3		7-6-21; 102-43, Article 80, Section 80-5, eff. 7-6-21; revised
4		7-15-21.)
5		(305 ILCS 5/5-16.8)
6		Sec. 5-16.8. Required health benefits. The medical
7		assistance program shall (i) provide the post-mastectomy care
8		benefits required to be covered by a policy of accident and
9		health insurance under Section 356t and the coverage required
10		under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
11		356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
12		356z.47, and 356z.51 and 356z.43 of the Illinois Insurance
13		Code, (ii) be subject to the provisions of Sections 356z.19,
14		356z.43, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the
15		Illinois Insurance Code, and (iii) be subject to the
16		provisions of subsection (d-5) of Section 10 of the Network
17		Adequacy and Transparency Act.
18		The Department, by rule, shall adopt a model similar to
19		the requirements of Section 356z.39 of the Illinois Insurance
20		Code.
21		On and after July 1, 2012, the Department shall reduce any
22		rate of reimbursement for services or other payments or alter
23		any methodologies authorized by this Code to reduce any rate
24		of reimbursement for services or other payments in accordance
25		with Section 5-5e.

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1		To ensure full access to the benefits set forth in this
2		Section, on and after January 1, 2016, the Department shall
3		ensure that provider and hospital reimbursement for
4		post-mastectomy care benefits required under this Section are
5		no lower than the Medicare reimbursement rate.
6		(Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20;
7		101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff.
8		1-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144,
9		eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
10		102-530, eff. 1-1-22; 102-642, eff. 1-1-22; revised 10-27-21.)
11		(305 ILCS 5/5-30.1)
12		Sec. 5-30.1. Managed care protections.
13		(a) As used in this Section:
14		"Managed care organization" or "MCO" means any entity
15		which contracts with the Department to provide services where
16		payment for medical services is made on a capitated basis.
17		"Emergency services" include:
18		(1) emergency services, as defined by Section 10 of
19		the Managed Care Reform and Patient Rights Act;
20		(2) emergency medical screening examinations, as
21		defined by Section 10 of the Managed Care Reform and
22		Patient Rights Act;
23		(3) post-stabilization medical services, as defined by
24		Section 10 of the Managed Care Reform and Patient Rights
25		Act; and

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1		(4) emergency medical conditions, as defined by
2		Section 10 of the Managed Care Reform and Patient Rights
3		Act.
4		(b) As provided by Section 5-16.12, managed care
5		organizations are subject to the provisions of the Managed
6		Care Reform and Patient Rights Act.
7		(c) An MCO shall pay any provider of emergency services
8		that does not have in effect a contract with the contracted
9		Medicaid MCO. The default rate of reimbursement shall be the
10		rate paid under Illinois Medicaid fee-for-service program
11		methodology, including all policy adjusters, including but not
12		limited to Medicaid High Volume Adjustments, Medicaid
13		Percentage Adjustments, Outpatient High Volume Adjustments,
14		and all outlier add-on adjustments to the extent such
15		adjustments are incorporated in the development of the
16		applicable MCO capitated rates.
17		(d) An MCO shall pay for all post-stabilization services
18		as a covered service in any of the following situations:
19		(1) the MCO authorized such services;
20		(2) such services were administered to maintain the
21		enrollee's stabilized condition within one hour after a
22		request to the MCO for authorization of further
23		post-stabilization services;
24		(3) the MCO did not respond to a request to authorize
25		such services within one hour;
26		(4) the MCO could not be contacted; or

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1		(5) the MCO and the treating provider, if the treating
2		provider is a non-affiliated provider, could not reach an
3		agreement concerning the enrollee's care and an affiliated
4		provider was unavailable for a consultation, in which case
5		the MCO must pay for such services rendered by the
6		treating non-affiliated provider until an affiliated
7		provider was reached and either concurred with the
8		treating non-affiliated provider's plan of care or assumed
9		responsibility for the enrollee's care. Such payment shall
10		be made at the default rate of reimbursement paid under
11		Illinois Medicaid fee-for-service program methodology,
12		including all policy adjusters, including but not limited
13		to Medicaid High Volume Adjustments, Medicaid Percentage
14		Adjustments, Outpatient High Volume Adjustments and all
15		outlier add-on adjustments to the extent that such
16		adjustments are incorporated in the development of the
17		applicable MCO capitated rates.
18		(e) The following requirements apply to MCOs in
19		determining payment for all emergency services:
20		(1) MCOs shall not impose any requirements for prior
21		approval of emergency services.
22		(2) The MCO shall cover emergency services provided to
23		enrollees who are temporarily away from their residence
24		and outside the contracting area to the extent that the
25		enrollees would be entitled to the emergency services if
26		they still were within the contracting area.

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1		(3) The MCO shall have no obligation to cover medical
2		services provided on an emergency basis that are not
3		covered services under the contract.
4		(4) The MCO shall not condition coverage for emergency
5		services on the treating provider notifying the MCO of the
6		enrollee's screening and treatment within 10 days after
7		presentation for emergency services.
8		(5) The determination of the attending emergency
9		physician, or the provider actually treating the enrollee,
10		of whether an enrollee is sufficiently stabilized for
11		discharge or transfer to another facility, shall be
12		binding on the MCO. The MCO shall cover emergency services
13		for all enrollees whether the emergency services are
14		provided by an affiliated or non-affiliated provider.
15		(6) The MCO's financial responsibility for
16		post-stabilization care services it has not pre-approved
17		ends when:
18		(A) a plan physician with privileges at the
19		treating hospital assumes responsibility for the
20		enrollee's care;
21		(B) a plan physician assumes responsibility for
22		the enrollee's care through transfer;
23		(C) a contracting entity representative and the
24		treating physician reach an agreement concerning the
25		enrollee's care; or
26		(D) the enrollee is discharged.

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1		(f) Network adequacy and transparency.
2		(1) The Department shall:
3		(A) ensure that an adequate provider network is in
4		place, taking into consideration health professional
5		shortage areas and medically underserved areas;
6		(B) publicly release an explanation of its process
7		for analyzing network adequacy;
8		(C) periodically ensure that an MCO continues to
9		have an adequate network in place;
10		(D) require MCOs, including Medicaid Managed Care
11		Entities as defined in Section 5-30.2, to meet
12		provider directory requirements under Section 5-30.3;
13		and
14		(E) require MCOs to ensure that any
15		Medicaid-certified provider under contract with an MCO
16		and previously submitted on a roster on the date of
17		service is paid for any medically necessary,
18		Medicaid-covered, and authorized service rendered to
19		any of the MCO's enrollees, regardless of inclusion on
20		the MCO's published and publicly available directory
21		of available providers; and .
22		(F) (E) require MCOs, including Medicaid Managed
23		Care Entities as defined in Section 5-30.2, to meet
24		each of the requirements under subsection (d-5) of
25		Section 10 of the Network Adequacy and Transparency
26		Act; with necessary exceptions to the MCO's network to

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1		ensure that admission and treatment with a provider or
2		at a treatment facility in accordance with the network
3		adequacy standards in paragraph (3) of subsection
4		(d-5) of Section 10 of the Network Adequacy and
5		Transparency Act is limited to providers or facilities
6		that are Medicaid certified.
7		(2) Each MCO shall confirm its receipt of information
8		submitted specific to physician or dentist additions or
9		physician or dentist deletions from the MCO's provider
10		network within 3 days after receiving all required
11		information from contracted physicians or dentists, and
12		electronic physician and dental directories must be
13		updated consistent with current rules as published by the
14		Centers for Medicare and Medicaid Services or its
15		successor agency.
16		(g) Timely payment of claims.
17		(1) The MCO shall pay a claim within 30 days of
18		receiving a claim that contains all the essential
19		information needed to adjudicate the claim.
20		(2) The MCO shall notify the billing party of its
21		inability to adjudicate a claim within 30 days of
22		receiving that claim.
23		(3) The MCO shall pay a penalty that is at least equal
24		to the timely payment interest penalty imposed under
25		Section 368a of the Illinois Insurance Code for any claims
26		not timely paid.

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1		(A) When an MCO is required to pay a timely payment
2		interest penalty to a provider, the MCO must calculate
3		and pay the timely payment interest penalty that is
4		due to the provider within 30 days after the payment of
5		the claim. In no event shall a provider be required to
6		request or apply for payment of any owed timely
7		payment interest penalties.
8		(B) Such payments shall be reported separately
9		from the claim payment for services rendered to the
10		MCO's enrollee and clearly identified as interest
11		payments.
12		(4)(A) The Department shall require MCOs to expedite
13		payments to providers identified on the Department's
14		expedited provider list, determined in accordance with 89
15		Ill. Adm. Code 140.71(b), on a schedule at least as
16		frequently as the providers are paid under the
17		Department's fee-for-service expedited provider schedule.
18		(B) Compliance with the expedited provider requirement
19		may be satisfied by an MCO through the use of a Periodic
20		Interim Payment (PIP) program that has been mutually
21		agreed to and documented between the MCO and the provider,
22		if the PIP program ensures that any expedited provider
23		receives regular and periodic payments based on prior
24		period payment experience from that MCO. Total payments
25		under the PIP program may be reconciled against future PIP
26		payments on a schedule mutually agreed to between the MCO

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1		and the provider.
2		(C) The Department shall share at least monthly its
3		expedited provider list and the frequency with which it
4		pays providers on the expedited list.
5		(g-5) Recognizing that the rapid transformation of the
6		Illinois Medicaid program may have unintended operational
7		challenges for both payers and providers:
8		(1) in no instance shall a medically necessary covered
9		service rendered in good faith, based upon eligibility
10		information documented by the provider, be denied coverage
11		or diminished in payment amount if the eligibility or
12		coverage information available at the time the service was
13		rendered is later found to be inaccurate in the assignment
14		of coverage responsibility between MCOs or the
15		fee-for-service system, except for instances when an
16		individual is deemed to have not been eligible for
17		coverage under the Illinois Medicaid program; and
18		(2) the Department shall, by December 31, 2016, adopt
19		rules establishing policies that shall be included in the
20		Medicaid managed care policy and procedures manual
21		addressing payment resolutions in situations in which a
22		provider renders services based upon information obtained
23		after verifying a patient's eligibility and coverage plan
24		through either the Department's current enrollment system
25		or a system operated by the coverage plan identified by
26		the patient presenting for services:

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1		(A) such medically necessary covered services
2		shall be considered rendered in good faith;
3		(B) such policies and procedures shall be
4		developed in consultation with industry
5		representatives of the Medicaid managed care health
6		plans and representatives of provider associations
7		representing the majority of providers within the
8		identified provider industry; and
9		(C) such rules shall be published for a review and
10		comment period of no less than 30 days on the
11		Department's website with final rules remaining
12		available on the Department's website.
13		The rules on payment resolutions shall include, but
14		not be limited to:
15		(A) the extension of the timely filing period;
16		(B) retroactive prior authorizations; and
17		(C) guaranteed minimum payment rate of no less
18		than the current, as of the date of service,
19		fee-for-service rate, plus all applicable add-ons,
20		when the resulting service relationship is out of
21		network.
22		The rules shall be applicable for both MCO coverage
23		and fee-for-service coverage.
24		If the fee-for-service system is ultimately determined to
25		have been responsible for coverage on the date of service, the
26		Department shall provide for an extended period for claims

HB5501 Engrossed - 1653 - LRB102 24698 AMC 33937 b
1		submission outside the standard timely filing requirements.
2		(g-6) MCO Performance Metrics Report.
3		(1) The Department shall publish, on at least a
4		quarterly basis, each MCO's operational performance,
5		including, but not limited to, the following categories of
6		metrics:
7		(A) claims payment, including timeliness and
8		accuracy;
9		(B) prior authorizations;
10		(C) grievance and appeals;
11		(D) utilization statistics;
12		(E) provider disputes;
13		(F) provider credentialing; and
14		(G) member and provider customer service.
15		(2) The Department shall ensure that the metrics
16		report is accessible to providers online by January 1,
17		2017.
18		(3) The metrics shall be developed in consultation
19		with industry representatives of the Medicaid managed care
20		health plans and representatives of associations
21		representing the majority of providers within the
22		identified industry.
23		(4) Metrics shall be defined and incorporated into the
24		applicable Managed Care Policy Manual issued by the
25		Department.
26		(g-7) MCO claims processing and performance analysis. In

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1		order to monitor MCO payments to hospital providers, pursuant
2		to Public Act 100-580 this amendatory Act of the 100th General
3		Assembly, the Department shall post an analysis of MCO claims
4		processing and payment performance on its website every 6
5		months. Such analysis shall include a review and evaluation of
6		a representative sample of hospital claims that are rejected
7		and denied for clean and unclean claims and the top 5 reasons
8		for such actions and timeliness of claims adjudication, which
9		identifies the percentage of claims adjudicated within 30, 60,
10		90, and over 90 days, and the dollar amounts associated with
11		those claims.
12		(g-8) Dispute resolution process. The Department shall
13		maintain a provider complaint portal through which a provider
14		can submit to the Department unresolved disputes with an MCO.
15		An unresolved dispute means an MCO's decision that denies in
16		whole or in part a claim for reimbursement to a provider for
17		health care services rendered by the provider to an enrollee
18		of the MCO with which the provider disagrees. Disputes shall
19		not be submitted to the portal until the provider has availed
20		itself of the MCO's internal dispute resolution process.
21		Disputes that are submitted to the MCO internal dispute
22		resolution process may be submitted to the Department of
23		Healthcare and Family Services' complaint portal no sooner
24		than 30 days after submitting to the MCO's internal process
25		and not later than 30 days after the unsatisfactory resolution
26		of the internal MCO process or 60 days after submitting the

HB5501 Engrossed - 1655 - LRB102 24698 AMC 33937 b
1		dispute to the MCO internal process. Multiple claim disputes
2		involving the same MCO may be submitted in one complaint,
3		regardless of whether the claims are for different enrollees,
4		when the specific reason for non-payment of the claims
5		involves a common question of fact or policy. Within 10
6		business days of receipt of a complaint, the Department shall
7		present such disputes to the appropriate MCO, which shall then
8		have 30 days to issue its written proposal to resolve the
9		dispute. The Department may grant one 30-day extension of this
10		time frame to one of the parties to resolve the dispute. If the
11		dispute remains unresolved at the end of this time frame or the
12		provider is not satisfied with the MCO's written proposal to
13		resolve the dispute, the provider may, within 30 days, request
14		the Department to review the dispute and make a final
15		determination. Within 30 days of the request for Department
16		review of the dispute, both the provider and the MCO shall
17		present all relevant information to the Department for
18		resolution and make individuals with knowledge of the issues
19		available to the Department for further inquiry if needed.
20		Within 30 days of receiving the relevant information on the
21		dispute, or the lapse of the period for submitting such
22		information, the Department shall issue a written decision on
23		the dispute based on contractual terms between the provider
24		and the MCO, contractual terms between the MCO and the
25		Department of Healthcare and Family Services and applicable
26		Medicaid policy. The decision of the Department shall be

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1		final. By January 1, 2020, the Department shall establish by
2		rule further details of this dispute resolution process.
3		Disputes between MCOs and providers presented to the
4		Department for resolution are not contested cases, as defined
5		in Section 1-30 of the Illinois Administrative Procedure Act,
6		conferring any right to an administrative hearing.
7		(g-9)(1) The Department shall publish annually on its
8		website a report on the calculation of each managed care
9		organization's medical loss ratio showing the following:
10		(A) Premium revenue, with appropriate adjustments.
11		(B) Benefit expense, setting forth the aggregate
12		amount spent for the following:
13		(i) Direct paid claims.
14		(ii) Subcapitation payments.
15		(iii) Other claim payments.
16		(iv) Direct reserves.
17		(v) Gross recoveries.
18		(vi) Expenses for activities that improve health
19		care quality as allowed by the Department.
20		(2) The medical loss ratio shall be calculated consistent
21		with federal law and regulation following a claims runout
22		period determined by the Department.
23		(g-10)(1) "Liability effective date" means the date on
24		which an MCO becomes responsible for payment for medically
25		necessary and covered services rendered by a provider to one
26		of its enrollees in accordance with the contract terms between

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1		the MCO and the provider. The liability effective date shall
2		be the later of:
3		(A) The execution date of a network participation
4		contract agreement.
5		(B) The date the provider or its representative
6		submits to the MCO the complete and accurate standardized
7		roster form for the provider in the format approved by the
8		Department.
9		(C) The provider effective date contained within the
10		Department's provider enrollment subsystem within the
11		Illinois Medicaid Program Advanced Cloud Technology
12		(IMPACT) System.
13		(2) The standardized roster form may be submitted to the
14		MCO at the same time that the provider submits an enrollment
15		application to the Department through IMPACT.
16		(3) By October 1, 2019, the Department shall require all
17		MCOs to update their provider directory with information for
18		new practitioners of existing contracted providers within 30
19		days of receipt of a complete and accurate standardized roster
20		template in the format approved by the Department provided
21		that the provider is effective in the Department's provider
22		enrollment subsystem within the IMPACT system. Such provider
23		directory shall be readily accessible for purposes of
24		selecting an approved health care provider and comply with all
25		other federal and State requirements.
26		(g-11) The Department shall work with relevant

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1		stakeholders on the development of operational guidelines to
2		enhance and improve operational performance of Illinois'
3		Medicaid managed care program, including, but not limited to,
4		improving provider billing practices, reducing claim
5		rejections and inappropriate payment denials, and
6		standardizing processes, procedures, definitions, and response
7		timelines, with the goal of reducing provider and MCO
8		administrative burdens and conflict. The Department shall
9		include a report on the progress of these program improvements
10		and other topics in its Fiscal Year 2020 annual report to the
11		General Assembly.
12		(g-12) Notwithstanding any other provision of law, if the
13		Department or an MCO requires submission of a claim for
14		payment in a non-electronic format, a provider shall always be
15		afforded a period of no less than 90 business days, as a
16		correction period, following any notification of rejection by
17		either the Department or the MCO to correct errors or
18		omissions in the original submission.
19		Under no circumstances, either by an MCO or under the
20		State's fee-for-service system, shall a provider be denied
21		payment for failure to comply with any timely submission
22		requirements under this Code or under any existing contract,
23		unless the non-electronic format claim submission occurs after
24		the initial 180 days following the latest date of service on
25		the claim, or after the 90 business days correction period
26		following notification to the provider of rejection or denial

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1		of payment.
2		(h) The Department shall not expand mandatory MCO
3		enrollment into new counties beyond those counties already
4		designated by the Department as of June 1, 2014 for the
5		individuals whose eligibility for medical assistance is not
6		the seniors or people with disabilities population until the
7		Department provides an opportunity for accountable care
8		entities and MCOs to participate in such newly designated
9		counties.
10		(i) The requirements of this Section apply to contracts
11		with accountable care entities and MCOs entered into, amended,
12		or renewed after June 16, 2014 (the effective date of Public
13		Act 98-651).
14		(j) Health care information released to managed care
15		organizations. A health care provider shall release to a
16		Medicaid managed care organization, upon request, and subject
17		to the Health Insurance Portability and Accountability Act of
18		1996 and any other law applicable to the release of health
19		information, the health care information of the MCO's
20		enrollee, if the enrollee has completed and signed a general
21		release form that grants to the health care provider
22		permission to release the recipient's health care information
23		to the recipient's insurance carrier.
24		(k) The Department of Healthcare and Family Services,
25		managed care organizations, a statewide organization
26		representing hospitals, and a statewide organization

HB5501 Engrossed - 1660 - LRB102 24698 AMC 33937 b
1		representing safety-net hospitals shall explore ways to
2		support billing departments in safety-net hospitals.
3		(l) The requirements of this Section added by Public Act
4		102-4 this amendatory Act of the 102nd General Assembly shall
5		apply to services provided on or after the first day of the
6		month that begins 60 days after April 27, 2021 (the effective
7		date of Public Act 102-4) this amendatory Act of the 102nd
8		General Assembly.
9		(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21;
10		102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff.
11		8-20-21; revised 10-5-21.)
12		(305 ILCS 5/5-41)
13		Sec. 5-41. Inpatient hospitalization for opioid-related
14		overdose or withdrawal patients. Due to the disproportionately
15		high opioid-related fatality rates among African Americans in
16		under-resourced communities in Illinois, the lack of community
17		resources, the comorbidities experienced by these patients,
18		and the high rate of hospital inpatient recidivism associated
19		with this population when improperly treated, the Department
20		shall ensure that patients, whether enrolled under the Medical
21		Assistance Fee For Service program or enrolled with a Medicaid
22		Managed Care Organization, experiencing opioid-related
23		overdose or withdrawal are admitted on an inpatient status and
24		the provider shall be reimbursed accordingly, when deemed
25		medically necessary, as determined by either the patient's

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1		primary care physician, or the physician or other practitioner
2		responsible for the patient's care at the hospital to which
3		the patient presents, using criteria established by the
4		American Society of Addiction Medicine. If it is determined by
5		the physician or other practitioner responsible for the
6		patient's care at the hospital to which the patient presents,
7		that a patient does not meet medical necessity criteria for
8		the admission, then the patient may be treated via observation
9		and the provider shall seek reimbursement accordingly. Nothing
10		in this Section shall diminish the requirements of a provider
11		to document medical necessity in the patient's record.
12		(Source: P.A. 102-43, eff. 7-6-21.)
13		(305 ILCS 5/5-44)
14		Sec. 5-44 5-41. Screening, Brief Intervention, and
15		Referral to Treatment. As used in this Section, "SBIRT" means
16		a comprehensive, integrated, public health approach to the
17		delivery of early intervention and treatment services for
18		persons who are at risk of developing substance use disorders
19		or have substance use disorders including, but not limited to,
20		an addiction to alcohol, opioids, tobacco, or cannabis. SBIRT
21		services include all of the following:
22		(1) Screening to quickly assess the severity of
23		substance use and to identify the appropriate level of
24		treatment.
25		(2) Brief intervention focused on increasing insight

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1		and awareness regarding substance use and motivation
2		toward behavioral change.
3		(3) Referral to treatment provided to those identified
4		as needing more extensive treatment with access to
5		specialty care.
6		SBIRT services may include, but are not limited to, the
7		following settings and programs: primary care centers,
8		hospital emergency rooms, hospital in-patient units, trauma
9		centers, community behavioral health programs, and other
10		community settings that provide opportunities for early
11		intervention with at-risk substance users before more severe
12		consequences occur.
13		The Department of Healthcare and Family Services shall
14		develop and seek federal approval of a SBIRT benefit for which
15		qualified providers shall be reimbursed under the medical
16		assistance program.
17		In conjunction with the Department of Human Services'
18		Division of Substance Use Prevention and Recovery, the
19		Department of Healthcare and Family Services may develop a
20		methodology and reimbursement rate for SBIRT services provided
21		by qualified providers in approved settings.
22		For opioid specific SBIRT services provided in a hospital
23		emergency department, the Department of Healthcare and Family
24		Services shall develop a bundled reimbursement methodology and
25		rate for a package of opioid treatment services, which include
26		initiation of medication for the treatment of opioid use

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1		disorder in the emergency department setting, including
2		assessment, referral to ongoing care, and arranging access to
3		supportive services when necessary. This package of opioid
4		related services shall be billed on a separate claim and shall
5		be reimbursed outside of the Enhanced Ambulatory Patient
6		Grouping system.
7		(Source: P.A. 102-598, eff. 1-1-22; revised 11-18-21.)
8		(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
9		Sec. 9A-11. Child care.
10		(a) The General Assembly recognizes that families with
11		children need child care in order to work. Child care is
12		expensive and families with low incomes, including those who
13		are transitioning from welfare to work, often struggle to pay
14		the costs of day care. The General Assembly understands the
15		importance of helping low-income working families become and
16		remain self-sufficient. The General Assembly also believes
17		that it is the responsibility of families to share in the costs
18		of child care. It is also the preference of the General
19		Assembly that all working poor families should be treated
20		equally, regardless of their welfare status.
21		(b) To the extent resources permit, the Illinois
22		Department shall provide child care services to parents or
23		other relatives as defined by rule who are working or
24		participating in employment or Department approved education
25		or training programs. At a minimum, the Illinois Department

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1		shall cover the following categories of families:
2		(1) recipients of TANF under Article IV participating
3		in work and training activities as specified in the
4		personal plan for employment and self-sufficiency;
5		(2) families transitioning from TANF to work;
6		(3) families at risk of becoming recipients of TANF;
7		(4) families with special needs as defined by rule;
8		(5) working families with very low incomes as defined
9		by rule;
10		(6) families that are not recipients of TANF and that
11		need child care assistance to participate in education and
12		training activities; and
13		(7) families with children under the age of 5 who have
14		an open intact family services case with the Department of
15		Children and Family Services. Any family that receives
16		child care assistance in accordance with this paragraph
17		shall remain eligible for child care assistance 6 months
18		after the child's intact family services case is closed,
19		regardless of whether the child's parents or other
20		relatives as defined by rule are working or participating
21		in Department approved employment or education or training
22		programs. The Department of Human Services, in
23		consultation with the Department of Children and Family
24		Services, shall adopt rules to protect the privacy of
25		families who are the subject of an open intact family
26		services case when such families enroll in child care

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1		services. Additional rules shall be adopted to offer
2		children who have an open intact family services case the
3		opportunity to receive an Early Intervention screening and
4		other services that their families may be eligible for as
5		provided by the Department of Human Services.
6		The Department shall specify by rule the conditions of
7		eligibility, the application process, and the types, amounts,
8		and duration of services. Eligibility for child care benefits
9		and the amount of child care provided may vary based on family
10		size, income, and other factors as specified by rule.
11		The Department shall update the Child Care Assistance
12		Program Eligibility Calculator posted on its website to
13		include a question on whether a family is applying for child
14		care assistance for the first time or is applying for a
15		redetermination of eligibility.
16		A family's eligibility for child care services shall be
17		redetermined no sooner than 12 months following the initial
18		determination or most recent redetermination. During the
19		12-month periods, the family shall remain eligible for child
20		care services regardless of (i) a change in family income,
21		unless family income exceeds 85% of State median income, or
22		(ii) a temporary change in the ongoing status of the parents or
23		other relatives, as defined by rule, as working or attending a
24		job training or educational program.
25		In determining income eligibility for child care benefits,
26		the Department annually, at the beginning of each fiscal year,

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1		shall establish, by rule, one income threshold for each family
2		size, in relation to percentage of State median income for a
3		family of that size, that makes families with incomes below
4		the specified threshold eligible for assistance and families
5		with incomes above the specified threshold ineligible for
6		assistance. Through and including fiscal year 2007, the
7		specified threshold must be no less than 50% of the
8		then-current State median income for each family size.
9		Beginning in fiscal year 2008, the specified threshold must be
10		no less than 185% of the then-current federal poverty level
11		for each family size. Notwithstanding any other provision of
12		law or administrative rule to the contrary, beginning in
13		fiscal year 2019, the specified threshold for working families
14		with very low incomes as defined by rule must be no less than
15		185% of the then-current federal poverty level for each family
16		size. Notwithstanding any other provision of law or
17		administrative rule to the contrary, beginning in State fiscal
18		year 2022, the specified income threshold shall be no less
19		than 200% of the then-current federal poverty level for each
20		family size.
21		In determining eligibility for assistance, the Department
22		shall not give preference to any category of recipients or
23		give preference to individuals based on their receipt of
24		benefits under this Code.
25		Nothing in this Section shall be construed as conferring
26		entitlement status to eligible families.

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1		The Illinois Department is authorized to lower income
2		eligibility ceilings, raise parent co-payments, create waiting
3		lists, or take such other actions during a fiscal year as are
4		necessary to ensure that child care benefits paid under this
5		Article do not exceed the amounts appropriated for those child
6		care benefits. These changes may be accomplished by emergency
7		rule under Section 5-45 of the Illinois Administrative
8		Procedure Act, except that the limitation on the number of
9		emergency rules that may be adopted in a 24-month period shall
10		not apply.
11		The Illinois Department may contract with other State
12		agencies or child care organizations for the administration of
13		child care services.
14		(c) Payment shall be made for child care that otherwise
15		meets the requirements of this Section and applicable
16		standards of State and local law and regulation, including any
17		requirements the Illinois Department promulgates by rule in
18		addition to the licensure requirements promulgated by the
19		Department of Children and Family Services and Fire Prevention
20		and Safety requirements promulgated by the Office of the State
21		Fire Marshal, and is provided in any of the following:
22		(1) a child care center which is licensed or exempt
23		from licensure pursuant to Section 2.09 of the Child Care
24		Act of 1969;
25		(2) a licensed child care home or home exempt from
26		licensing;

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1		(3) a licensed group child care home;
2		(4) other types of child care, including child care
3		provided by relatives or persons living in the same home
4		as the child, as determined by the Illinois Department by
5		rule.
6		(c-5) Solely for the purposes of coverage under the
7		Illinois Public Labor Relations Act, child and day care home
8		providers, including licensed and license exempt,
9		participating in the Department's child care assistance
10		program shall be considered to be public employees and the
11		State of Illinois shall be considered to be their employer as
12		of January 1, 2006 (the effective date of Public Act 94-320),
13		but not before. The State shall engage in collective
14		bargaining with an exclusive representative of child and day
15		care home providers participating in the child care assistance
16		program concerning their terms and conditions of employment
17		that are within the State's control. Nothing in this
18		subsection shall be understood to limit the right of families
19		receiving services defined in this Section to select child and
20		day care home providers or supervise them within the limits of
21		this Section. The State shall not be considered to be the
22		employer of child and day care home providers for any purposes
23		not specifically provided in Public Act 94-320, including, but
24		not limited to, purposes of vicarious liability in tort and
25		purposes of statutory retirement or health insurance benefits.
26		Child and day care home providers shall not be covered by the

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1		State Employees Group Insurance Act of 1971.
2		In according child and day care home providers and their
3		selected representative rights under the Illinois Public Labor
4		Relations Act, the State intends that the State action
5		exemption to application of federal and State antitrust laws
6		be fully available to the extent that their activities are
7		authorized by Public Act 94-320.
8		(d) The Illinois Department shall establish, by rule, a
9		co-payment scale that provides for cost sharing by families
10		that receive child care services, including parents whose only
11		income is from assistance under this Code. The co-payment
12		shall be based on family income and family size and may be
13		based on other factors as appropriate. Co-payments may be
14		waived for families whose incomes are at or below the federal
15		poverty level.
16		(d-5) The Illinois Department, in consultation with its
17		Child Care and Development Advisory Council, shall develop a
18		plan to revise the child care assistance program's co-payment
19		scale. The plan shall be completed no later than February 1,
20		2008, and shall include:
21		(1) findings as to the percentage of income that the
22		average American family spends on child care and the
23		relative amounts that low-income families and the average
24		American family spend on other necessities of life;
25		(2) recommendations for revising the child care
26		co-payment scale to assure that families receiving child

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1		care services from the Department are paying no more than
2		they can reasonably afford;
3		(3) recommendations for revising the child care
4		co-payment scale to provide at-risk children with complete
5		access to Preschool for All and Head Start; and
6		(4) recommendations for changes in child care program
7		policies that affect the affordability of child care.
8		(e) (Blank).
9		(f) The Illinois Department shall, by rule, set rates to
10		be paid for the various types of child care. Child care may be
11		provided through one of the following methods:
12		(1) arranging the child care through eligible
13		providers by use of purchase of service contracts or
14		vouchers;
15		(2) arranging with other agencies and community
16		volunteer groups for non-reimbursed child care;
17		(3) (blank); or
18		(4) adopting such other arrangements as the Department
19		determines appropriate.
20		(f-1) Within 30 days after June 4, 2018 (the effective
21		date of Public Act 100-587), the Department of Human Services
22		shall establish rates for child care providers that are no
23		less than the rates in effect on January 1, 2018 increased by
24		4.26%.
25		(f-5) (Blank).
26		(g) Families eligible for assistance under this Section

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1		shall be given the following options:
2		(1) receiving a child care certificate issued by the
3		Department or a subcontractor of the Department that may
4		be used by the parents as payment for child care and
5		development services only; or
6		(2) if space is available, enrolling the child with a
7		child care provider that has a purchase of service
8		contract with the Department or a subcontractor of the
9		Department for the provision of child care and development
10		services. The Department may identify particular priority
11		populations for whom they may request special
12		consideration by a provider with purchase of service
13		contracts, provided that the providers shall be permitted
14		to maintain a balance of clients in terms of household
15		incomes and families and children with special needs, as
16		defined by rule.
17		(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
18		102-491, eff. 8-20-21; revised 11-8-21.)
19		(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
20		Sec. 10-1. Declaration of public policy; persons eligible
21		for child support enforcement services; fees for
22		non-applicants and non-recipients. Declaration of Public
23		Policy - Persons Eligible for Child Support Enforcement
24		Services - Fees for Non-Applicants and Non-Recipients.) It is
25		the intent of this Code that the financial aid and social

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1		welfare services herein provided supplement rather than
2		supplant the primary and continuing obligation of the family
3		unit for self-support to the fullest extent permitted by the
4		resources available to it. This primary and continuing
5		obligation applies whether the family unit of parents and
6		children or of husband and wife remains intact and resides in a
7		common household or whether the unit has been broken by
8		absence of one or more members of the unit. The obligation of
9		the family unit is particularly applicable when a member is in
10		necessitous circumstances and lacks the means of a livelihood
11		compatible with health and well-being.
12		It is the purpose of this Article to provide for locating
13		an absent parent or spouse, for determining his financial
14		circumstances, and for enforcing his legal obligation of
15		support, if he is able to furnish support, in whole or in part.
16		The Department of Healthcare and Family Services shall give
17		priority to establishing, enforcing, and collecting the
18		current support obligation, and then to past due support owed
19		to the family unit, except with respect to collections
20		effected through the intercept programs provided for in this
21		Article. The establishment or enforcement actions provided in
22		this Article do not require a previous court order for
23		custody/allocation of parental responsibilities.
24		The child support enforcement services provided hereunder
25		shall be furnished dependents of an absent parent or spouse
26		who are applicants for or recipients of financial aid under

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1		this Code. It is not, however, a condition of eligibility for
2		financial aid that there be no responsible relatives who are
3		reasonably able to provide support. Nor, except as provided in
4		Sections 4-1.7 and 10-8, shall the existence of such relatives
5		or their payment of support contributions disqualify a needy
6		person for financial aid.
7		By accepting financial aid under this Code, a spouse or a
8		parent or other person having physical or legal custody of a
9		child shall be deemed to have made assignment to the Illinois
10		Department for aid under Articles III, IV, V, and VII or to a
11		local governmental unit for aid under Article VI of any and all
12		rights, title, and interest in any support obligation,
13		including statutory interest thereon, up to the amount of
14		financial aid provided. The rights to support assigned to the
15		Department of Healthcare and Family Services (formerly
16		Illinois Department of Public Aid) or local governmental unit
17		shall constitute an obligation owed the State or local
18		governmental unit by the person who is responsible for
19		providing the support, and shall be collectible under all
20		applicable processes.
21		The Department of Healthcare and Family Services shall
22		also furnish the child support enforcement services
23		established under this Article in behalf of persons who are
24		not applicants for or recipients of financial aid under this
25		Code in accordance with the requirements of Title IV, Part D of
26		the Social Security Act. The Department may establish a

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1		schedule of reasonable fees, to be paid for the services
2		provided and may deduct a collection fee, not to exceed 10% of
3		the amount collected, from such collection. The Department of
4		Healthcare and Family Services shall cause to be published and
5		distributed publications reasonably calculated to inform the
6		public that individuals who are not recipients of or
7		applicants for public aid under this Code are eligible for the
8		child support enforcement services under this Article X. Such
9		publications shall set forth an explanation, in plain
10		language, that the child support enforcement services program
11		is independent of any public aid program under the Code and
12		that the receiving of child support enforcement services in no
13		way implies that the person receiving such services is
14		receiving public aid.
15		(Source: P.A. 102-541, eff. 8-20-21; revised 11-24-21.)
16		(305 ILCS 5/12-4.35)
17		Sec. 12-4.35. Medical services for certain noncitizens.
18		(a) Notwithstanding Section 1-11 of this Code or Section
19		20(a) of the Children's Health Insurance Program Act, the
20		Department of Healthcare and Family Services may provide
21		medical services to noncitizens who have not yet attained 19
22		years of age and who are not eligible for medical assistance
23		under Article V of this Code or under the Children's Health
24		Insurance Program created by the Children's Health Insurance
25		Program Act due to their not meeting the otherwise applicable

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1		provisions of Section 1-11 of this Code or Section 20(a) of the
2		Children's Health Insurance Program Act. The medical services
3		available, standards for eligibility, and other conditions of
4		participation under this Section shall be established by rule
5		by the Department; however, any such rule shall be at least as
6		restrictive as the rules for medical assistance under Article
7		V of this Code or the Children's Health Insurance Program
8		created by the Children's Health Insurance Program Act.
9		(a-5) Notwithstanding Section 1-11 of this Code, the
10		Department of Healthcare and Family Services may provide
11		medical assistance in accordance with Article V of this Code
12		to noncitizens over the age of 65 years of age who are not
13		eligible for medical assistance under Article V of this Code
14		due to their not meeting the otherwise applicable provisions
15		of Section 1-11 of this Code, whose income is at or below 100%
16		of the federal poverty level after deducting the costs of
17		medical or other remedial care, and who would otherwise meet
18		the eligibility requirements in Section 5-2 of this Code. The
19		medical services available, standards for eligibility, and
20		other conditions of participation under this Section shall be
21		established by rule by the Department; however, any such rule
22		shall be at least as restrictive as the rules for medical
23		assistance under Article V of this Code.
24		(a-6) By May 30, 2022, notwithstanding Section 1-11 of
25		this Code, the Department of Healthcare and Family Services
26		may provide medical services to noncitizens 55 years of age

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1		through 64 years of age who (i) are not eligible for medical
2		assistance under Article V of this Code due to their not
3		meeting the otherwise applicable provisions of Section 1-11 of
4		this Code and (ii) have income at or below 133% of the federal
5		poverty level plus 5% for the applicable family size as
6		determined under applicable federal law and regulations.
7		Persons eligible for medical services under Public Act 102-16
8		this amendatory Act of the 102nd General Assembly shall
9		receive benefits identical to the benefits provided under the
10		Health Benefits Service Package as that term is defined in
11		subsection (m) of Section 5-1.1 of this Code.
12		(a-10) Notwithstanding the provisions of Section 1-11, the
13		Department shall cover immunosuppressive drugs and related
14		services associated with post-kidney transplant management,
15		excluding long-term care costs, for noncitizens who: (i) are
16		not eligible for comprehensive medical benefits; (ii) meet the
17		residency requirements of Section 5-3; and (iii) would meet
18		the financial eligibility requirements of Section 5-2.
19		(b) The Department is authorized to take any action that
20		would not otherwise be prohibited by applicable law,
21		including, without limitation, cessation or limitation of
22		enrollment, reduction of available medical services, and
23		changing standards for eligibility, that is deemed necessary
24		by the Department during a State fiscal year to assure that
25		payments under this Section do not exceed available funds.
26		(c) (Blank).

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1		(d) (Blank).
2		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
3		102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43,
4		Article 45, Section 45-5, eff. 7-6-21; revised 7-15-21.)
5		(305 ILCS 5/12-4.54)
6		Sec. 12-4.54. SNAP, WIC; diapers, menstrual hygiene
7		products. If the United States Department of Agriculture's
8		Food and Nutrition Service creates and makes available to the
9		states a waiver permitting recipients of benefits provided
10		under the Supplemental Nutrition Assistance Program or the
11		Special Supplemental Nutrition Program for Women, Infants, and
12		Children to use their benefits to purchase diapers or
13		menstrual hygiene products such as tampons, sanitary napkins,
14		and feminine wipes, then the Department of Human Services
15		shall apply for the waiver. If the United States Department of
16		Agriculture approves the Department of Human Services' waiver
17		application, then the Department of Human Services shall adopt
18		rules and make other changes as necessary to implement the
19		approved waiver.
20		(Source: P.A. 102-248, eff. 1-1-22.)
21		(305 ILCS 5/12-4.55)
22		Sec. 12-4.55 12-4.54. Community-based long-term services;
23		application for federal funding. The Department of Healthcare
24		and Family Services shall apply for all available federal

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1		funding to promote community inclusion and integration for
2		persons with disabilities, regardless of age, and older adults
3		so that those persons have the option to transition out of
4		institutions and receive long-term care services and supports
5		in the settings of their choice.
6		(Source: P.A. 102-536, eff. 8-20-21; revised 11-10-21.)
7		Section 510. The Housing Authorities Act is amended by
8		changing Sections 17 and 25 as follows:
9		(310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
10		Sec. 17. Definitions. The following terms, wherever used
11		or referred to in this Act shall have the following respective
12		meanings, unless in any case a different meaning clearly
13		appears from the context:
14		(a) "Authority" or "housing authority" shall mean a
15		municipal corporation organized in accordance with the
16		provisions of this Act for the purposes, with the powers and
17		subject to the restrictions herein set forth.
18		(b) "Area" or "area of operation" shall mean: (1) in the
19		case of an authority which is created hereunder for a city,
20		village, or incorporated town, the area within the territorial
21		boundaries of said city, village, or incorporated town, and so
22		long as no county housing authority has jurisdiction therein,
23		the area within three miles from such territorial boundaries,
24		except any part of such area located within the territorial

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1		boundaries of any other city, village, or incorporated town;
2		and (2) in the case of a county shall include all of the county
3		except the area of any city, village or incorporated town
4		located therein in which there is an Authority. When an
5		authority is created for a county subsequent to the creation
6		of an authority for a city, village or incorporated town
7		within the same county, the area of operation of the authority
8		for such city, village or incorporated town shall thereafter
9		be limited to the territory of such city, village or
10		incorporated town, but the authority for such city, village or
11		incorporated town may continue to operate any project
12		developed in whole or in part in an area previously a part of
13		its area of operation, or may contract with the county housing
14		authority with respect to the sale, lease, development or
15		administration of such project. When an authority is created
16		for a city, village or incorporated town subsequent to the
17		creation of a county housing authority which previously
18		included such city, village or incorporated town within its
19		area of operation, such county housing authority shall have no
20		power to create any additional project within the city,
21		village or incorporated town, but any existing project in the
22		city, village or incorporated town currently owned and
23		operated by the county housing authority shall remain in the
24		ownership, operation, custody and control of the county
25		housing authority.
26		(b-5) "Criminal history record" means a record of arrest,

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1		complaint, indictment, or any disposition arising therefrom.
2		(b-6) "Criminal history report" means any written, oral,
3		or other communication of information that includes criminal
4		history record information about a natural person that is
5		produced by a law enforcement agency, a court, a consumer
6		reporting agency, or a housing screening agency or business.
7		(c) "Presiding officer" shall mean the presiding officer
8		of the board of a county, or the mayor or president of a city,
9		village or incorporated town, as the case may be, for which an
10		Authority is created hereunder.
11		(d) "Commissioner" shall mean one of the members of an
12		Authority appointed in accordance with the provisions of this
13		Act.
14		(e) "Government" shall include the State and Federal
15		governments and the governments of any subdivisions, agency or
16		instrumentality, corporate or otherwise, of either of them.
17		(f) "Department" shall mean the Department of Commerce and
18		Economic Opportunity.
19		(g) "Project" shall include all lands, buildings, and
20		improvements, acquired, owned, leased, managed or operated by
21		a housing authority, and all buildings and improvements
22		constructed, reconstructed or repaired by a housing authority,
23		designed to provide housing accommodations and facilities
24		appurtenant thereto (including community facilities and
25		stores) which are planned as a unit, whether or not acquired or
26		constructed at one time even though all or a portion of the

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1		buildings are not contiguous or adjacent to one another; and
2		the planning of buildings and improvements, the acquisition of
3		property, the demolition of existing structures, the clearing
4		of land, the construction, reconstruction, and repair of
5		buildings or improvements and all other work in connection
6		therewith. As provided in Sections 8.14 to 8.18, inclusive,
7		"project" also means, for Housing Authorities for
8		municipalities of less than 500,000 population and for
9		counties, the conservation of urban areas in accordance with
10		an approved conservation plan. "Project" shall also include:
11		(1) acquisition of:
12		(i) a slum or blighted area or a deteriorated or
13		deteriorating area which is predominantly residential
14		in character, or
15		(ii) any other deteriorated or deteriorating area
16		which is to be developed or redeveloped for
17		predominantly residential uses, or
18		(iii) platted urban or suburban land which is
19		predominantly open and which because of obsolete
20		platting, diversity of ownership, deterioration of
21		structures or of site improvements, or otherwise
22		substantially impairs or arrests the sound growth of
23		the community and which is to be developed for
24		predominantly residential uses, or
25		(iv) open unplatted urban or suburban land
26		necessary for sound community growth which is to be

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1		developed for predominantly residential uses, or
2		(v) any other area where parcels of land remain
3		undeveloped because of improper platting, delinquent
4		taxes or special assessments, scattered or uncertain
5		ownerships, clouds on title, artificial values due to
6		excessive utility costs, or any other impediments to
7		the use of such area for predominantly residential
8		uses;
9		(2) installation, construction, or reconstruction of
10		streets, utilities, and other site improvements essential
11		to the preparation of sites for uses in accordance with
12		the development or redevelopment plan; and
13		(3) making the land available for development or
14		redevelopment by private enterprise or public agencies
15		(including sale, initial leasing, or retention by the
16		local public agency itself).
17		If, in any city, village, or incorporated town, there
18		exists a land clearance commission created under the Blighted
19		Areas Redevelopment Act of 1947 (repealed) prior to August 20,
20		2021 (the effective date of Public Act 102-510) this
21		amendatory Act of the 102nd General Assembly having the same
22		area of operation as a housing authority created in and for any
23		such municipality, such housing authority shall have no power
24		to acquire land of the character described in subparagraph
25		(iii), (iv), or (v) of paragraph (1) 1 of the definition of
26		"project" for the purpose of development or redevelopment by

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1		private enterprise.
2		(h) "Community facilities" shall include lands, buildings,
3		and equipment for recreation or social assembly, for
4		education, health or welfare activities and other necessary
5		utilities primarily for use and benefit of the occupants of
6		housing accommodations to be constructed, reconstructed,
7		repaired or operated hereunder.
8		(i) "Real property" shall include lands, lands under
9		water, structures, and any and all easements, franchises and
10		incorporeal hereditaments and estates, and rights, legal and
11		equitable, including terms for years and liens by way of
12		judgment, mortgage or otherwise.
13		(j) The term "governing body" shall include the city
14		council of any city, the president and board of trustees of any
15		village or incorporated town, the council of any city or
16		village, and the county board of any county.
17		(k) The phrase "individual, association, corporation or
18		organization" shall include any individual, private
19		corporation, limited or general partnership, limited liability
20		company, insurance company, housing corporation, neighborhood
21		redevelopment corporation, non-profit corporation,
22		incorporated or unincorporated group or association,
23		educational institution, hospital, or charitable organization,
24		and any mutual ownership or cooperative organization.
25		(l) "Conservation area", for the purpose of the exercise
26		of the powers granted in Sections 8.14 to 8.18, inclusive, for

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1		housing authorities for municipalities of less than 500,000
2		population and for counties, means an area of not less than 2
3		acres in which the structures in 50% or more of the area are
4		residential having an average age of 35 years or more. Such an
5		area by reason of dilapidation, obsolescence, deterioration or
6		illegal use of individual structures, overcrowding of
7		structures and community facilities, conversion of residential
8		units into non-residential use, deleterious land use or
9		layout, decline of physical maintenance, lack of community
10		planning, or any combination of these factors may become a
11		slum and blighted area.
12		(m) "Conservation plan" means the comprehensive program
13		for the physical development and replanning of a "Conservation
14		Area" as defined in paragraph (l) embodying the steps required
15		to prevent such Conservation Area from becoming a slum and
16		blighted area.
17		(n) "Fair use value" means the fair cash market value of
18		real property when employed for the use contemplated by a
19		"Conservation Plan" in municipalities of less than 500,000
20		population and in counties.
21		(o) "Community facilities" means, in relation to a
22		"Conservation Plan", those physical plants which implement,
23		support and facilitate the activities, services and interests
24		of education, recreation, shopping, health, welfare, religion
25		and general culture.
26		(p) "Loan agreement" means any agreement pursuant to which

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1		an Authority agrees to loan the proceeds of its revenue bonds
2		issued with respect to a multifamily rental housing project or
3		other funds of the Authority to any person upon terms
4		providing for loan repayment installments at least sufficient
5		to pay when due all principal of, premium, if any, and interest
6		on the revenue bonds of the Authority issued with respect to
7		the multifamily rental housing project, and providing for
8		maintenance, insurance, and other matters as may be deemed
9		desirable by the Authority.
10		(q) "Multifamily rental housing" means any rental project
11		designed for mixed-income or low-income occupancy.
12		(Source: P.A. 101-659, eff. 3-23-21; 102-510, eff. 8-20-21;
13		revised 11-9-21.)
14		(310 ILCS 10/25) (from Ch. 67 1/2, par. 25)
15		Sec. 25. Rentals and tenant selection. In the operation or
16		management of housing projects an Authority shall at all times
17		observe the following duties with respect to rentals and
18		tenant selection:
19		(a) It shall not accept any person as a tenant in any
20		dwelling in a housing project if the persons who would occupy
21		the dwelling have an aggregate annual income which equals or
22		exceeds the amount which the Authority determines (which
23		determination shall be conclusive) to be necessary in order to
24		enable such persons to secure safe, sanitary and uncongested
25		dwelling accommodations within the area of operation of the

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1		Authority and to provide an adequate standard of living for
2		themselves.
3		(b) It may rent or lease the dwelling accommodations
4		therein only at rentals within the financial reach of persons
5		who lack the amount of income which it determines (pursuant to
6		(a) of this Section) to be necessary in order to obtain safe,
7		sanitary and uncongested dwelling accommodations within the
8		area of operation of the Authority and to provide an adequate
9		standard of living.
10		(c) It may rent or lease to a tenant a dwelling consisting
11		of the number of rooms (but no greater number) which it deems
12		necessary to provide safe and sanitary accommodations to the
13		proposed occupants thereof, without overcrowding.
14		(d) It shall not change the residency preference of any
15		prospective tenant once the application has been accepted by
16		the authority.
17		(e) If an Authority desires a criminal history records
18		check of all 50 states or a 50-state confirmation of a
19		conviction record, the Authority shall submit the fingerprints
20		of the relevant applicant, tenant, or other household member
21		to the Illinois State Police in a manner prescribed by the
22		Illinois State Police. These fingerprints shall be checked
23		against the fingerprint records now and hereafter filed in the
24		Illinois State Police and Federal Bureau of Investigation
25		criminal history records databases. The Illinois State Police
26		shall charge a fee for conducting the criminal history records

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1		check, which shall be deposited in the State Police Services
2		Fund and shall not exceed the actual cost of the records check.
3		The Illinois State Police shall furnish pursuant to positive
4		identification, records of conviction to the Authority. An
5		Authority that requests a criminal history report of an
6		applicant or other household member shall inform the applicant
7		at the time of the request that the applicant or other
8		household member may provide additional mitigating information
9		for consideration with the application for housing.
10		(e-5) Criminal history record assessment. The Authority
11		shall use the following process when evaluating the criminal
12		history report of an applicant or other household member to
13		determine whether to rent or lease to the applicant:
14		(1) Unless required by federal law, the Authority
15		shall not consider the following information when
16		determining whether to rent or lease to an applicant for
17		housing:
18		(A) an arrest or detention;
19		(B) criminal charges or indictments, and the
20		nature of any disposition arising therefrom, that do
21		not result in a conviction;
22		(C) a conviction that has been vacated, ordered,
23		expunged, sealed, or impounded by a court;
24		(D) matters under the jurisdiction of the Illinois
25		Juvenile Court;
26		(E) the amount of time since the applicant or

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1		other household member completed his or her sentence
2		in prison or jail or was released from prison or jail;
3		or
4		(F) convictions occurring more than 180 days prior
5		to the date the applicant submitted his or her
6		application for housing.
7		(2) The Authority shall create a system for the
8		independent review of criminal history reports:
9		(A) the reviewer shall examine the applicant's or
10		other household member's criminal history report and
11		report only those records not prohibited under
12		paragraph (1) to the person or persons making the
13		decision about whether to offer housing to the
14		applicant; and
15		(B) the reviewer shall not participate in any
16		final decisions on an applicant's application for
17		housing.
18		(3) The Authority may deny an applicant's application
19		for housing because of the applicant's or another
20		household member's criminal history record, only if the
21		Authority:
22		(A) determines that the denial is required under
23		federal law; or
24		(B) determines that there is a direct relationship
25		between the applicant or the other household member's
26		criminal history record and a risk to the health,

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1		safety, and peaceful enjoyment of fellow tenants. The
2		mere existence of a criminal history record does not
3		demonstrate such a risk.
4		(f) It may, if a tenant has created or maintained a threat
5		constituting a serious and clear danger to the health or
6		safety of other tenants or Authority employees, after 3 days'
7		written notice of termination and without a hearing, file suit
8		against any such tenant for recovery of possession of the
9		premises. The tenant shall be given the opportunity to contest
10		the termination in the court proceedings. A serious and clear
11		danger to the health or safety of other tenants or Authority
12		employees shall include, but not be limited to, any of the
13		following activities of the tenant or of any other person on
14		the premises with the consent of the tenant:
15		(1) Physical assault or the threat of physical
16		assault.
17		(2) Illegal use of a firearm or other weapon or the
18		threat to use in an illegal manner a firearm or other
19		weapon.
20		(3) Possession of a controlled substance by the tenant
21		or any other person on the premises with the consent of the
22		tenant if the tenant knew or should have known of the
23		possession by the other person of a controlled substance,
24		unless the controlled substance was obtained directly from
25		or pursuant to a valid prescription.
26		(4) Streetgang membership as defined in the Illinois

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1		Streetgang Terrorism Omnibus Prevention Act.
2		The management of low-rent public housing projects
3		financed and developed under the U.S. Housing Act of 1937
4		shall be in accordance with that Act.
5		Nothing contained in this Section or any other Section of
6		this Act shall be construed as limiting the power of an
7		Authority to vest in a bondholder or trustee the right, in the
8		event of a default by the Authority, to take possession and
9		operate a housing project or cause the appointment of a
10		receiver thereof, free from all restrictions imposed by this
11		Section or any other Section of this Act.
12		(Source: P.A. 101-659, eff. 3-23-21; 102-538, eff. 8-20-21;
13		revised 11-9-21.)
14		Section 515. The Adult Protective Services Act is amended
15		by changing Section 3.5 as follows:
16		(320 ILCS 20/3.5)
17		Sec. 3.5. Other responsibilities. The Department shall
18		also be responsible for the following activities, contingent
19		upon adequate funding; implementation shall be expanded to
20		adults with disabilities upon the effective date of this
21		amendatory Act of the 98th General Assembly, except those
22		responsibilities under subsection (a), which shall be
23		undertaken as soon as practicable:
24		(a) promotion of a wide range of endeavors for the

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1		purpose of preventing abuse, abandonment, neglect,
2		financial exploitation, and self-neglect, including, but
3		not limited to, promotion of public and professional
4		education to increase awareness of abuse, abandonment,
5		neglect, financial exploitation, and self-neglect; to
6		increase reports; to establish access to and use of the
7		Registry established under Section 7.5; and to improve
8		response by various legal, financial, social, and health
9		systems;
10		(b) coordination of efforts with other agencies,
11		councils, and like entities, to include but not be limited
12		to, the Administrative Office of the Illinois Courts, the
13		Office of the Attorney General, the Illinois State Police,
14		the Illinois Law Enforcement Training Standards Board, the
15		State Triad, the Illinois Criminal Justice Information
16		Authority, the Departments of Public Health, Healthcare
17		and Family Services, and Human Services, the Illinois
18		Guardianship and Advocacy Commission, the Family Violence
19		Coordinating Council, the Illinois Violence Prevention
20		Authority, and other entities which may impact awareness
21		of, and response to, abuse, abandonment, neglect,
22		financial exploitation, and self-neglect;
23		(c) collection and analysis of data;
24		(d) monitoring of the performance of regional
25		administrative agencies and adult protective services
26		agencies;

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1		(e) promotion of prevention activities;
2		(f) establishing and coordinating an aggressive
3		training program on the unique nature of adult abuse cases
4		with other agencies, councils, and like entities, to
5		include but not be limited to the Office of the Attorney
6		General, the Illinois State Police, the Illinois Law
7		Enforcement Training Standards Board, the State Triad, the
8		Illinois Criminal Justice Information Authority, the State
9		Departments of Public Health, Healthcare and Family
10		Services, and Human Services, the Family Violence
11		Coordinating Council, the Illinois Violence Prevention
12		Authority, the agency designated by the Governor under
13		Section 1 of the Protection and Advocacy for Persons with
14		Developmental Disabilities Act, and other entities that
15		may impact awareness of and response to abuse,
16		abandonment, neglect, financial exploitation, and
17		self-neglect;
18		(g) solicitation of financial institutions for the
19		purpose of making information available to the general
20		public warning of financial exploitation of adults and
21		related financial fraud or abuse, including such
22		information and warnings available through signage or
23		other written materials provided by the Department on the
24		premises of such financial institutions, provided that the
25		manner of displaying or distributing such information is
26		subject to the sole discretion of each financial

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1		institution;
2		(g-1) developing by joint rulemaking with the
3		Department of Financial and Professional Regulation
4		minimum training standards which shall be used by
5		financial institutions for their current and new employees
6		with direct customer contact; the Department of Financial
7		and Professional Regulation shall retain sole visitation
8		and enforcement authority under this subsection (g-1); the
9		Department of Financial and Professional Regulation shall
10		provide bi-annual reports to the Department setting forth
11		aggregate statistics on the training programs required
12		under this subsection (g-1); and
13		(h) coordinating efforts with utility and electric
14		companies to send notices in utility bills to explain to
15		persons 60 years of age or older their rights regarding
16		telemarketing and home repair fraud.
17		(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
18		revised 11-9-21.)
19		Section 520. The Abused and Neglected Child Reporting Act
20		is amended by changing Sections 3 and 7.8 as follows:
21		(325 ILCS 5/3) (from Ch. 23, par. 2053)
22		Sec. 3. As used in this Act unless the context otherwise
23		requires:
24		"Adult resident" means any person between 18 and 22 years

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1		of age who resides in any facility licensed by the Department
2		under the Child Care Act of 1969. For purposes of this Act, the
3		criteria set forth in the definitions of "abused child" and
4		"neglected child" shall be used in determining whether an
5		adult resident is abused or neglected.
6		"Agency" means a child care facility licensed under
7		Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
8		includes a transitional living program that accepts children
9		and adult residents for placement who are in the guardianship
10		of the Department.
11		"Blatant disregard" means an incident where the real,
12		significant, and imminent risk of harm would be so obvious to a
13		reasonable parent or caretaker that it is unlikely that a
14		reasonable parent or caretaker would have exposed the child to
15		the danger without exercising precautionary measures to
16		protect the child from harm. With respect to a person working
17		at an agency in his or her professional capacity with a child
18		or adult resident, "blatant disregard" includes a failure by
19		the person to perform job responsibilities intended to protect
20		the child's or adult resident's health, physical well-being,
21		or welfare, and, when viewed in light of the surrounding
22		circumstances, evidence exists that would cause a reasonable
23		person to believe that the child was neglected. With respect
24		to an agency, "blatant disregard" includes a failure to
25		implement practices that ensure the health, physical
26		well-being, or welfare of the children and adult residents

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1		residing in the facility.
2		"Child" means any person under the age of 18 years, unless
3		legally emancipated by reason of marriage or entry into a
4		branch of the United States armed services.
5		"Department" means Department of Children and Family
6		Services.
7		"Local law enforcement agency" means the police of a city,
8		town, village or other incorporated area or the sheriff of an
9		unincorporated area or any sworn officer of the Illinois
10		Department of State Police.
11		"Abused child" means a child whose parent or immediate
12		family member, or any person responsible for the child's
13		welfare, or any individual residing in the same home as the
14		child, or a paramour of the child's parent:
15		(a) inflicts, causes to be inflicted, or allows to be
16		inflicted upon such child physical injury, by other than
17		accidental means, which causes death, disfigurement,
18		impairment of physical or emotional health, or loss or
19		impairment of any bodily function;
20		(b) creates a substantial risk of physical injury to
21		such child by other than accidental means which would be
22		likely to cause death, disfigurement, impairment of
23		physical or emotional health, or loss or impairment of any
24		bodily function;
25		(c) commits or allows to be committed any sex offense
26		against such child, as such sex offenses are defined in

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1		the Criminal Code of 2012 or in the Wrongs to Children Act,
2		and extending those definitions of sex offenses to include
3		children under 18 years of age;
4		(d) commits or allows to be committed an act or acts of
5		torture upon such child;
6		(e) inflicts excessive corporal punishment or, in the
7		case of a person working for an agency who is prohibited
8		from using corporal punishment, inflicts corporal
9		punishment upon a child or adult resident with whom the
10		person is working in his or her professional capacity;
11		(f) commits or allows to be committed the offense of
12		female genital mutilation, as defined in Section 12-34 of
13		the Criminal Code of 2012, against the child;
14		(g) causes to be sold, transferred, distributed, or
15		given to such child under 18 years of age, a controlled
16		substance as defined in Section 102 of the Illinois
17		Controlled Substances Act in violation of Article IV of
18		the Illinois Controlled Substances Act or in violation of
19		the Methamphetamine Control and Community Protection Act,
20		except for controlled substances that are prescribed in
21		accordance with Article III of the Illinois Controlled
22		Substances Act and are dispensed to such child in a manner
23		that substantially complies with the prescription;
24		(h) commits or allows to be committed the offense of
25		involuntary servitude, involuntary sexual servitude of a
26		minor, or trafficking in persons as defined in Section

HB5501 Engrossed - 1697 - LRB102 24698 AMC 33937 b
1		10-9 of the Criminal Code of 2012 against the child; or
2		(i) commits the offense of grooming, as defined in
3		Section 11-25 of the Criminal Code of 2012, against the
4		child.
5		A child shall not be considered abused for the sole reason
6		that the child has been relinquished in accordance with the
7		Abandoned Newborn Infant Protection Act.
8		"Neglected child" means any child who is not receiving the
9		proper or necessary nourishment or medically indicated
10		treatment including food or care not provided solely on the
11		basis of the present or anticipated mental or physical
12		impairment as determined by a physician acting alone or in
13		consultation with other physicians or otherwise is not
14		receiving the proper or necessary support or medical or other
15		remedial care recognized under State law as necessary for a
16		child's well-being, or other care necessary for his or her
17		well-being, including adequate food, clothing and shelter; or
18		who is subjected to an environment which is injurious insofar
19		as (i) the child's environment creates a likelihood of harm to
20		the child's health, physical well-being, or welfare and (ii)
21		the likely harm to the child is the result of a blatant
22		disregard of parent, caretaker, person responsible for the
23		child's welfare, or agency responsibilities; or who is
24		abandoned by his or her parents or other person responsible
25		for the child's welfare without a proper plan of care; or who
26		has been provided with interim crisis intervention services

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1		under Section 3-5 of the Juvenile Court Act of 1987 and whose
2		parent, guardian, or custodian refuses to permit the child to
3		return home and no other living arrangement agreeable to the
4		parent, guardian, or custodian can be made, and the parent,
5		guardian, or custodian has not made any other appropriate
6		living arrangement for the child; or who is a newborn infant
7		whose blood, urine, or meconium contains any amount of a
8		controlled substance as defined in subsection (f) of Section
9		102 of the Illinois Controlled Substances Act or a metabolite
10		thereof, with the exception of a controlled substance or
11		metabolite thereof whose presence in the newborn infant is the
12		result of medical treatment administered to the mother or the
13		newborn infant. A child shall not be considered neglected for
14		the sole reason that the child's parent or other person
15		responsible for his or her welfare has left the child in the
16		care of an adult relative for any period of time. A child shall
17		not be considered neglected for the sole reason that the child
18		has been relinquished in accordance with the Abandoned Newborn
19		Infant Protection Act. A child shall not be considered
20		neglected or abused for the sole reason that such child's
21		parent or other person responsible for his or her welfare
22		depends upon spiritual means through prayer alone for the
23		treatment or cure of disease or remedial care as provided
24		under Section 4 of this Act. A child shall not be considered
25		neglected or abused solely because the child is not attending
26		school in accordance with the requirements of Article 26 of

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1		The School Code, as amended.
2		"Child Protective Service Unit" means certain specialized
3		State employees of the Department assigned by the Director to
4		perform the duties and responsibilities as provided under
5		Section 7.2 of this Act.
6		"Near fatality" means an act that, as certified by a
7		physician, places the child in serious or critical condition,
8		including acts of great bodily harm inflicted upon children
9		under 13 years of age, and as otherwise defined by Department
10		rule.
11		"Great bodily harm" includes bodily injury which creates a
12		high probability of death, or which causes serious permanent
13		disfigurement, or which causes a permanent or protracted loss
14		or impairment of the function of any bodily member or organ, or
15		other serious bodily harm.
16		"Person responsible for the child's welfare" means the
17		child's parent; guardian; foster parent; relative caregiver;
18		any person responsible for the child's welfare in a public or
19		private residential agency or institution; any person
20		responsible for the child's welfare within a public or private
21		profit or not for profit child care facility; or any other
22		person responsible for the child's welfare at the time of the
23		alleged abuse or neglect, including any person who commits or
24		allows to be committed, against the child, the offense of
25		involuntary servitude, involuntary sexual servitude of a
26		minor, or trafficking in persons for forced labor or services,

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1		as provided in Section 10-9 of the Criminal Code of 2012,
2		including, but not limited to, the custodian of the minor, or
3		any person who came to know the child through an official
4		capacity or position of trust, including, but not limited to,
5		health care professionals, educational personnel, recreational
6		supervisors, members of the clergy, and volunteers or support
7		personnel in any setting where children may be subject to
8		abuse or neglect.
9		"Temporary protective custody" means custody within a
10		hospital or other medical facility or a place previously
11		designated for such custody by the Department, subject to
12		review by the Court, including a licensed foster home, group
13		home, or other institution; but such place shall not be a jail
14		or other place for the detention of criminal or juvenile
15		offenders.
16		"An unfounded report" means any report made under this Act
17		for which it is determined after an investigation that no
18		credible evidence of abuse or neglect exists.
19		"An indicated report" means a report made under this Act
20		if an investigation determines that credible evidence of the
21		alleged abuse or neglect exists.
22		"An undetermined report" means any report made under this
23		Act in which it was not possible to initiate or complete an
24		investigation on the basis of information provided to the
25		Department.
26		"Subject of report" means any child reported to the

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1		central register of child abuse and neglect established under
2		Section 7.7 of this Act as an alleged victim of child abuse or
3		neglect and the parent or guardian of the alleged victim or
4		other person responsible for the alleged victim's welfare who
5		is named in the report or added to the report as an alleged
6		perpetrator of child abuse or neglect.
7		"Perpetrator" means a person who, as a result of
8		investigation, has been determined by the Department to have
9		caused child abuse or neglect.
10		"Member of the clergy" means a clergyman or practitioner
11		of any religious denomination accredited by the religious body
12		to which he or she belongs.
13		(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
14		revised 1-15-22.)
15		(325 ILCS 5/7.8)
16		Sec. 7.8. Upon receiving an oral or written report of
17		suspected child abuse or neglect, the Department shall
18		immediately notify, either orally or electronically, the Child
19		Protective Service Unit of a previous report concerning a
20		subject of the present report or other pertinent information.
21		In addition, upon satisfactory identification procedures, to
22		be established by Department regulation, any person authorized
23		to have access to records under Section 11.1 relating to child
24		abuse and neglect may request and shall be immediately
25		provided the information requested in accordance with this

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1		Act. However, no information shall be released unless it
2		prominently states the report is "indicated", and only
3		information from "indicated" reports shall be released, except
4		that:
5		(1) Information concerning pending reports may be
6		released pursuant to Sections 7.14 and 7.22 of this Act to
7		the attorney or guardian ad litem appointed under Section
8		2-17 of the Juvenile Court Act of 1987 and to any person
9		authorized under paragraphs (1), (2), (3), and (11) of
10		subsection (a) of Section 11.1.
11		(2) State's Attorneys are authorized to receive
12		unfounded reports:
13		(A) for prosecution purposes related to the
14		transmission of false reports of child abuse or
15		neglect in violation of subsection (a), paragraph (7)
16		of Section 26-1 of the Criminal Code of 2012; or
17		(B) for the purposes of screening and prosecuting
18		a petition filed under Article II of the Juvenile
19		Court Act of 1987 alleging abuse or neglect relating
20		to the same child, a sibling of the child, the same
21		perpetrator, or a child or perpetrator in the same
22		household as the child for whom the petition is being
23		filed.
24		(3) The parties to the proceedings filed under Article
25		II of the Juvenile Court Act of 1987 are entitled to
26		receive copies of unfounded reports regarding the same

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1		child, a sibling of the child, the same perpetrator, or a
2		child or perpetrator in the same household as the child
3		for purposes of hearings under Sections 2-10 and 2-21 of
4		the Juvenile Court Act of 1987.
5		(4) Attorneys and guardians ad litem appointed under
6		Article II of the Juvenile Court Act of 1987 shall receive
7		the reports set forth in Section 7.14 of this Act in
8		conformance with paragraph (19) of subsection (a) of
9		Section 11.1 and Section 7.14 of this Act.
10		(5) The Department of Public Health shall receive
11		information from unfounded reports involving children
12		alleged to have been abused or neglected while
13		hospitalized, including while hospitalized in freestanding
14		psychiatric hospitals licensed by the Department of Public
15		Health, as necessary for the Department of Public Health
16		to conduct its licensing investigation.
17		(6) The Department is authorized and required to
18		release information from unfounded reports, upon request
19		by a person who has access to the unfounded report as
20		provided in this Act, as necessary in its determination to
21		protect children and adult residents who are in child care
22		facilities licensed by the Department under the Child Care
23		Act of 1969. The names and other identifying data and the
24		dates and the circumstances of any persons requesting or
25		receiving information from the central register shall be
26		entered in the register record.

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1		(Source: P.A. 101-43, eff. 1-1-20; 102-532, eff. 8-20-21;
2		revised 11-24-21.)
3		Section 525. The Early Intervention Services System Act is
4		amended by changing Section 11 as follows:
5		(325 ILCS 20/11) (from Ch. 23, par. 4161)
6		Sec. 11. Individualized Family Service Plans.
7		(a) Each eligible infant or toddler and that infant's or
8		toddler's family shall receive:
9		(1) timely, comprehensive, multidisciplinary
10		assessment of the unique strengths and needs of each
11		eligible infant and toddler, and assessment of the
12		concerns and priorities of the families to appropriately
13		assist them in meeting their needs and identify supports
14		and services to meet those needs; and
15		(2) a written Individualized Family Service Plan
16		developed by a multidisciplinary team which includes the
17		parent or guardian. The individualized family service plan
18		shall be based on the multidisciplinary team's assessment
19		of the resources, priorities, and concerns of the family
20		and its identification of the supports and services
21		necessary to enhance the family's capacity to meet the
22		developmental needs of the infant or toddler, and shall
23		include the identification of services appropriate to meet
24		those needs, including the frequency, intensity, and

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1		method of delivering services. During and as part of the
2		initial development of the individualized family services
3		plan, and any periodic reviews of the plan, the
4		multidisciplinary team may seek consultation from the lead
5		agency's designated experts, if any, to help determine
6		appropriate services and the frequency and intensity of
7		those services. All services in the individualized family
8		services plan must be justified by the multidisciplinary
9		assessment of the unique strengths and needs of the infant
10		or toddler and must be appropriate to meet those needs. At
11		the periodic reviews, the team shall determine whether
12		modification or revision of the outcomes or services is
13		necessary.
14		(b) The Individualized Family Service Plan shall be
15		evaluated once a year and the family shall be provided a review
16		of the Plan at 6-month 6 month intervals or more often where
17		appropriate based on infant or toddler and family needs. The
18		lead agency shall create a quality review process regarding
19		Individualized Family Service Plan development and changes
20		thereto, to monitor and help ensure assure that resources are
21		being used to provide appropriate early intervention services.
22		(c) The initial evaluation and initial assessment and
23		initial Plan meeting must be held within 45 days after the
24		initial contact with the early intervention services system.
25		The 45-day timeline does not apply for any period when the
26		child or parent is unavailable to complete the initial

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1		evaluation, the initial assessments of the child and family,
2		or the initial Plan meeting, due to exceptional family
3		circumstances that are documented in the child's early
4		intervention records, or when the parent has not provided
5		consent for the initial evaluation or the initial assessment
6		of the child despite documented, repeated attempts to obtain
7		parental consent. As soon as exceptional family circumstances
8		no longer exist or parental consent has been obtained, the
9		initial evaluation, the initial assessment, and the initial
10		Plan meeting must be completed as soon as possible. With
11		parental consent, early intervention services may commence
12		before the completion of the comprehensive assessment and
13		development of the Plan.
14		(d) Parents must be informed that early intervention
15		services shall be provided to each eligible infant and
16		toddler, to the maximum extent appropriate, in the natural
17		environment, which may include the home or other community
18		settings. Parents must also be informed of the availability of
19		early intervention services provided through telehealth
20		services. Parents shall make the final decision to accept or
21		decline early intervention services, including whether
22		accepted services are delivered in person or via telehealth
23		services. A decision to decline such services shall not be a
24		basis for administrative determination of parental fitness, or
25		other findings or sanctions against the parents. Parameters of
26		the Plan shall be set forth in rules.

HB5501 Engrossed - 1707 - LRB102 24698 AMC 33937 b
1		(e) The regional intake offices shall explain to each
2		family, orally and in writing, all of the following:
3		(1) That the early intervention program will pay for
4		all early intervention services set forth in the
5		individualized family service plan that are not covered or
6		paid under the family's public or private insurance plan
7		or policy and not eligible for payment through any other
8		third party payor.
9		(2) That services will not be delayed due to any rules
10		or restrictions under the family's insurance plan or
11		policy.
12		(3) That the family may request, with appropriate
13		documentation supporting the request, a determination of
14		an exemption from private insurance use under Section
15		13.25.
16		(4) That responsibility for co-payments or
17		co-insurance under a family's private insurance plan or
18		policy will be transferred to the lead agency's central
19		billing office.
20		(5) That families will be responsible for payments of
21		family fees, which will be based on a sliding scale
22		according to the State's definition of ability to pay
23		which is comparing household size and income to the
24		sliding scale and considering out-of-pocket medical or
25		disaster expenses, and that these fees are payable to the
26		central billing office. Families who fail to provide

HB5501 Engrossed - 1708 - LRB102 24698 AMC 33937 b
1		income information shall be charged the maximum amount on
2		the sliding scale.
3		(f) The individualized family service plan must state
4		whether the family has private insurance coverage and, if the
5		family has such coverage, must have attached to it a copy of
6		the family's insurance identification card or otherwise
7		include all of the following information:
8		(1) The name, address, and telephone number of the
9		insurance carrier.
10		(2) The contract number and policy number of the
11		insurance plan.
12		(3) The name, address, and social security number of
13		the primary insured.
14		(4) The beginning date of the insurance benefit year.
15		(g) A copy of the individualized family service plan must
16		be provided to each enrolled provider who is providing early
17		intervention services to the child who is the subject of that
18		plan.
19		(h) Children receiving services under this Act shall
20		receive a smooth and effective transition by their third
21		birthday consistent with federal regulations adopted pursuant
22		to Sections 1431 through 1444 of Title 20 of the United States
23		Code. Beginning January 1, 2022, children who receive early
24		intervention services prior to their third birthday and are
25		found eligible for an individualized education program under
26		the Individuals with Disabilities Education Act, 20 U.S.C.

HB5501 Engrossed - 1709 - LRB102 24698 AMC 33937 b
1		1414(d)(1)(A), and under Section 14-8.02 of the School Code
2		and whose birthday falls between May 1 and August 31 may
3		continue to receive early intervention services until the
4		beginning of the school year following their third birthday in
5		order to minimize gaps in services, ensure better continuity
6		of care, and align practices for the enrollment of preschool
7		children with special needs to the enrollment practices of
8		typically developing preschool children.
9		(Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21;
10		102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for
11		effective date of P.A. 102-209); revised 12-1-21.)
12		Section 530. The Sexual Assault Survivors Emergency
13		Treatment Act is amended by changing Sections 1a, 5, and 6.4 as
14		follows:
15		(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
16		Sec. 1a. Definitions.
17		(a) In this Act:
18		"Advanced practice registered nurse" has the meaning
19		provided in Section 50-10 of the Nurse Practice Act.
20		"Ambulance provider" means an individual or entity that
21		owns and operates a business or service using ambulances or
22		emergency medical services vehicles to transport emergency
23		patients.
24		"Approved pediatric health care facility" means a health

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1		care facility, other than a hospital, with a sexual assault
2		treatment plan approved by the Department to provide medical
3		forensic services to pediatric sexual assault survivors who
4		present with a complaint of sexual assault within a minimum of
5		the last 7 days or who have disclosed past sexual assault by a
6		specific individual and were in the care of that individual
7		within a minimum of the last 7 days.
8		"Areawide sexual assault treatment plan" means a plan,
9		developed by hospitals or by hospitals and approved pediatric
10		health care facilities in a community or area to be served,
11		which provides for medical forensic services to sexual assault
12		survivors that shall be made available by each of the
13		participating hospitals and approved pediatric health care
14		facilities.
15		"Board-certified child abuse pediatrician" means a
16		physician certified by the American Board of Pediatrics in
17		child abuse pediatrics.
18		"Board-eligible child abuse pediatrician" means a
19		physician who has completed the requirements set forth by the
20		American Board of Pediatrics to take the examination for
21		certification in child abuse pediatrics.
22		"Department" means the Department of Public Health.
23		"Emergency contraception" means medication as approved by
24		the federal Food and Drug Administration (FDA) that can
25		significantly reduce the risk of pregnancy if taken within 72
26		hours after sexual assault.

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1		"Follow-up healthcare" means healthcare services related
2		to a sexual assault, including laboratory services and
3		pharmacy services, rendered within 90 days of the initial
4		visit for medical forensic services.
5		"Health care professional" means a physician, a physician
6		assistant, a sexual assault forensic examiner, an advanced
7		practice registered nurse, a registered professional nurse, a
8		licensed practical nurse, or a sexual assault nurse examiner.
9		"Hospital" means a hospital licensed under the Hospital
10		Licensing Act or operated under the University of Illinois
11		Hospital Act, any outpatient center included in the hospital's
12		sexual assault treatment plan where hospital employees provide
13		medical forensic services, and an out-of-state hospital that
14		has consented to the jurisdiction of the Department under
15		Section 2.06.
16		"Illinois State Police Sexual Assault Evidence Collection
17		Kit" means a prepackaged set of materials and forms to be used
18		for the collection of evidence relating to sexual assault. The
19		standardized evidence collection kit for the State of Illinois
20		shall be the Illinois State Police Sexual Assault Evidence
21		Collection Kit.
22		"Law enforcement agency having jurisdiction" means the law
23		enforcement agency in the jurisdiction where an alleged sexual
24		assault or sexual abuse occurred.
25		"Licensed practical nurse" has the meaning provided in
26		Section 50-10 of the Nurse Practice Act.

HB5501 Engrossed - 1712 - LRB102 24698 AMC 33937 b
1		"Medical forensic services" means health care delivered to
2		patients within or under the care and supervision of personnel
3		working in a designated emergency department of a hospital or
4		an approved pediatric health care facility. "Medical forensic
5		services" includes, but is not limited to, taking a medical
6		history, performing photo documentation, performing a physical
7		and anogenital examination, assessing the patient for evidence
8		collection, collecting evidence in accordance with a statewide
9		sexual assault evidence collection program administered by the
10		Illinois State Police using the Illinois State Police Sexual
11		Assault Evidence Collection Kit, if appropriate, assessing the
12		patient for drug-facilitated or alcohol-facilitated sexual
13		assault, providing an evaluation of and care for sexually
14		transmitted infection and human immunodeficiency virus (HIV),
15		pregnancy risk evaluation and care, and discharge and
16		follow-up healthcare planning.
17		"Pediatric health care facility" means a clinic or
18		physician's office that provides medical services to pediatric
19		patients.
20		"Pediatric sexual assault survivor" means a person under
21		the age of 13 who presents for medical forensic services in
22		relation to injuries or trauma resulting from a sexual
23		assault.
24		"Photo documentation" means digital photographs or
25		colposcope videos stored and backed up securely in the
26		original file format.

HB5501 Engrossed - 1713 - LRB102 24698 AMC 33937 b
1		"Physician" means a person licensed to practice medicine
2		in all its branches.
3		"Physician assistant" has the meaning provided in Section
4		4 of the Physician Assistant Practice Act of 1987.
5		"Prepubescent sexual assault survivor" means a female who
6		is under the age of 18 years and has not had a first menstrual
7		cycle or a male who is under the age of 18 years and has not
8		started to develop secondary sex characteristics who presents
9		for medical forensic services in relation to injuries or
10		trauma resulting from a sexual assault.
11		"Qualified medical provider" means a board-certified child
12		abuse pediatrician, board-eligible child abuse pediatrician, a
13		sexual assault forensic examiner, or a sexual assault nurse
14		examiner who has access to photo documentation tools, and who
15		participates in peer review.
16		"Registered Professional Nurse" has the meaning provided
17		in Section 50-10 of the Nurse Practice Act.
18		"Sexual assault" means:
19		(1) an act of sexual conduct; as used in this
20		paragraph, "sexual conduct" has the meaning provided under
21		Section 11-0.1 of the Criminal Code of 2012; or
22		(2) any act of sexual penetration; as used in this
23		paragraph, "sexual penetration" has the meaning provided
24		under Section 11-0.1 of the Criminal Code of 2012 and
25		includes, without limitation, acts prohibited under
26		Sections 11-1.20 through 11-1.60 of the Criminal Code of

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1		2012.
2		"Sexual assault forensic examiner" means a physician or
3		physician assistant who has completed training that meets or
4		is substantially similar to the Sexual Assault Nurse Examiner
5		Education Guidelines established by the International
6		Association of Forensic Nurses.
7		"Sexual assault nurse examiner" means an advanced practice
8		registered nurse or registered professional nurse who has
9		completed a sexual assault nurse examiner training program
10		that meets the Sexual Assault Nurse Examiner Education
11		Guidelines established by the International Association of
12		Forensic Nurses.
13		"Sexual assault services voucher" means a document
14		generated by a hospital or approved pediatric health care
15		facility at the time the sexual assault survivor receives
16		outpatient medical forensic services that may be used to seek
17		payment for any ambulance services, medical forensic services,
18		laboratory services, pharmacy services, and follow-up
19		healthcare provided as a result of the sexual assault.
20		"Sexual assault survivor" means a person who presents for
21		medical forensic services in relation to injuries or trauma
22		resulting from a sexual assault.
23		"Sexual assault transfer plan" means a written plan
24		developed by a hospital and approved by the Department, which
25		describes the hospital's procedures for transferring sexual
26		assault survivors to another hospital, and an approved

HB5501 Engrossed - 1715 - LRB102 24698 AMC 33937 b
1		pediatric health care facility, if applicable, in order to
2		receive medical forensic services.
3		"Sexual assault treatment plan" means a written plan that
4		describes the procedures and protocols for providing medical
5		forensic services to sexual assault survivors who present
6		themselves for such services, either directly or through
7		transfer from a hospital or an approved pediatric health care
8		facility.
9		"Transfer hospital" means a hospital with a sexual assault
10		transfer plan approved by the Department.
11		"Transfer services" means the appropriate medical
12		screening examination and necessary stabilizing treatment
13		prior to the transfer of a sexual assault survivor to a
14		hospital or an approved pediatric health care facility that
15		provides medical forensic services to sexual assault survivors
16		pursuant to a sexual assault treatment plan or areawide sexual
17		assault treatment plan.
18		"Treatment hospital" means a hospital with a sexual
19		assault treatment plan approved by the Department to provide
20		medical forensic services to all sexual assault survivors who
21		present with a complaint of sexual assault within a minimum of
22		the last 7 days or who have disclosed past sexual assault by a
23		specific individual and were in the care of that individual
24		within a minimum of the last 7 days.
25		"Treatment hospital with approved pediatric transfer"
26		means a hospital with a treatment plan approved by the

HB5501 Engrossed - 1716 - LRB102 24698 AMC 33937 b
1		Department to provide medical forensic services to sexual
2		assault survivors 13 years old or older who present with a
3		complaint of sexual assault within a minimum of the last 7 days
4		or who have disclosed past sexual assault by a specific
5		individual and were in the care of that individual within a
6		minimum of the last 7 days.
7		(b) This Section is effective on and after January 1, 2024
8		2022.
9		(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
10		102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff.
11		11-30-21; revised 12-16-21.)
12		(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
13		Sec. 5. Minimum requirements for medical forensic services
14		provided to sexual assault survivors by hospitals and approved
15		pediatric health care facilities.
16		(a) Every hospital and approved pediatric health care
17		facility providing medical forensic services to sexual assault
18		survivors under this Act shall, as minimum requirements for
19		such services, provide, with the consent of the sexual assault
20		survivor, and as ordered by the attending physician, an
21		advanced practice registered nurse, or a physician assistant,
22		the services set forth in subsection (a-5).
23		Beginning January 1, 2023, a qualified medical provider
24		must provide the services set forth in subsection (a-5).
25		(a-5) A treatment hospital, a treatment hospital with

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1		approved pediatric transfer, or an approved pediatric health
2		care facility shall provide the following services in
3		accordance with subsection (a):
4		(1) Appropriate medical forensic services without
5		delay, in a private, age-appropriate or
6		developmentally-appropriate space, required to ensure the
7		health, safety, and welfare of a sexual assault survivor
8		and which may be used as evidence in a criminal proceeding
9		against a person accused of the sexual assault, in a
10		proceeding under the Juvenile Court Act of 1987, or in an
11		investigation under the Abused and Neglected Child
12		Reporting Act.
13		Records of medical forensic services, including
14		results of examinations and tests, the Illinois State
15		Police Medical Forensic Documentation Forms, the Illinois
16		State Police Patient Discharge Materials, and the Illinois
17		State Police Patient Consent: Collect and Test Evidence or
18		Collect and Hold Evidence Form, shall be maintained by the
19		hospital or approved pediatric health care facility as
20		part of the patient's electronic medical record.
21		Records of medical forensic services of sexual assault
22		survivors under the age of 18 shall be retained by the
23		hospital for a period of 60 years after the sexual assault
24		survivor reaches the age of 18. Records of medical
25		forensic services of sexual assault survivors 18 years of
26		age or older shall be retained by the hospital for a period

HB5501 Engrossed - 1718 - LRB102 24698 AMC 33937 b
1		of 20 years after the date the record was created.
2		Records of medical forensic services may only be
3		disseminated in accordance with Section 6.5 of this Act
4		and other State and federal law.
5		(1.5) An offer to complete the Illinois Sexual Assault
6		Evidence Collection Kit for any sexual assault survivor
7		who presents within a minimum of the last 7 days of the
8		assault or who has disclosed past sexual assault by a
9		specific individual and was in the care of that individual
10		within a minimum of the last 7 days.
11		(A) Appropriate oral and written information
12		concerning evidence-based guidelines for the
13		appropriateness of evidence collection depending on
14		the sexual development of the sexual assault survivor,
15		the type of sexual assault, and the timing of the
16		sexual assault shall be provided to the sexual assault
17		survivor. Evidence collection is encouraged for
18		prepubescent sexual assault survivors who present to a
19		hospital or approved pediatric health care facility
20		with a complaint of sexual assault within a minimum of
21		96 hours after the sexual assault.
22		Before January 1, 2023, the information required
23		under this subparagraph shall be provided in person by
24		the health care professional providing medical
25		forensic services directly to the sexual assault
26		survivor.

HB5501 Engrossed - 1719 - LRB102 24698 AMC 33937 b
1		On and after January 1, 2023, the information
2		required under this subparagraph shall be provided in
3		person by the qualified medical provider providing
4		medical forensic services directly to the sexual
5		assault survivor.
6		The written information provided shall be the
7		information created in accordance with Section 10 of
8		this Act.
9		(B) Following the discussion regarding the
10		evidence-based guidelines for evidence collection in
11		accordance with subparagraph (A), evidence collection
12		must be completed at the sexual assault survivor's
13		request. A sexual assault nurse examiner conducting an
14		examination using the Illinois State Police Sexual
15		Assault Evidence Collection Kit may do so without the
16		presence or participation of a physician.
17		(2) Appropriate oral and written information
18		concerning the possibility of infection, sexually
19		transmitted infection, including an evaluation of the
20		sexual assault survivor's risk of contracting human
21		immunodeficiency virus (HIV) from sexual assault, and
22		pregnancy resulting from sexual assault.
23		(3) Appropriate oral and written information
24		concerning accepted medical procedures, laboratory tests,
25		medication, and possible contraindications of such
26		medication available for the prevention or treatment of

HB5501 Engrossed - 1720 - LRB102 24698 AMC 33937 b
1		infection or disease resulting from sexual assault.
2		(3.5) After a medical evidentiary or physical
3		examination, access to a shower at no cost, unless
4		showering facilities are unavailable.
5		(4) An amount of medication, including HIV
6		prophylaxis, for treatment at the hospital or approved
7		pediatric health care facility and after discharge as is
8		deemed appropriate by the attending physician, an advanced
9		practice registered nurse, or a physician assistant in
10		accordance with the Centers for Disease Control and
11		Prevention guidelines and consistent with the hospital's
12		or approved pediatric health care facility's current
13		approved protocol for sexual assault survivors.
14		(5) Photo documentation of the sexual assault
15		survivor's injuries, anatomy involved in the assault, or
16		other visible evidence on the sexual assault survivor's
17		body to supplement the medical forensic history and
18		written documentation of physical findings and evidence
19		beginning July 1, 2019. Photo documentation does not
20		replace written documentation of the injury.
21		(6) Written and oral instructions indicating the need
22		for follow-up examinations and laboratory tests after the
23		sexual assault to determine the presence or absence of
24		sexually transmitted infection.
25		(7) Referral by hospital or approved pediatric health
26		care facility personnel for appropriate counseling.

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1		(8) Medical advocacy services provided by a rape
2		crisis counselor whose communications are protected under
3		Section 8-802.1 of the Code of Civil Procedure, if there
4		is a memorandum of understanding between the hospital or
5		approved pediatric health care facility and a rape crisis
6		center. With the consent of the sexual assault survivor, a
7		rape crisis counselor shall remain in the exam room during
8		the medical forensic examination.
9		(9) Written information regarding services provided by
10		a Children's Advocacy Center and rape crisis center, if
11		applicable.
12		(10) A treatment hospital, a treatment hospital with
13		approved pediatric transfer, an out-of-state hospital as
14		defined in Section 5.4, or an approved pediatric health
15		care facility shall comply with the rules relating to the
16		collection and tracking of sexual assault evidence adopted
17		by the Illinois State Police under Section 50 of the
18		Sexual Assault Evidence Submission Act.
19		(11) Written information regarding the Illinois State
20		Police sexual assault evidence tracking system.
21		(a-7) By January 1, 2023, every hospital with a treatment
22		plan approved by the Department shall employ or contract with
23		a qualified medical provider to initiate medical forensic
24		services to a sexual assault survivor within 90 minutes of the
25		patient presenting to the treatment hospital or treatment
26		hospital with approved pediatric transfer. The provision of

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1		medical forensic services by a qualified medical provider
2		shall not delay the provision of life-saving medical care.
3		(b) Any person who is a sexual assault survivor who seeks
4		medical forensic services or follow-up healthcare under this
5		Act shall be provided such services without the consent of any
6		parent, guardian, custodian, surrogate, or agent. If a sexual
7		assault survivor is unable to consent to medical forensic
8		services, the services may be provided under the Consent by
9		Minors to Health Care Services Medical Procedures Act, the
10		Health Care Surrogate Act, or other applicable State and
11		federal laws.
12		(b-5) Every hospital or approved pediatric health care
13		facility providing medical forensic services to sexual assault
14		survivors shall issue a voucher to any sexual assault survivor
15		who is eligible to receive one in accordance with Section 5.2
16		of this Act. The hospital shall make a copy of the voucher and
17		place it in the medical record of the sexual assault survivor.
18		The hospital shall provide a copy of the voucher to the sexual
19		assault survivor after discharge upon request.
20		(c) Nothing in this Section creates a physician-patient
21		relationship that extends beyond discharge from the hospital
22		or approved pediatric health care facility.
23		(d) This Section is effective on and after January 1, 2024
24		2022.
25		(Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19;
26		101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff.

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1		8-20-21; 102-674, eff. 11-30-21; revised 12-16-21.)
2		(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
3		Sec. 6.4. Sexual assault evidence collection program.
4		(a) There is created a statewide sexual assault evidence
5		collection program to facilitate the prosecution of persons
6		accused of sexual assault. This program shall be administered
7		by the Illinois State Police. The program shall consist of the
8		following: (1) distribution of sexual assault evidence
9		collection kits which have been approved by the Illinois State
10		Police to hospitals and approved pediatric health care
11		facilities that request them, or arranging for such
12		distribution by the manufacturer of the kits, (2) collection
13		of the kits from hospitals and approved pediatric health care
14		facilities after the kits have been used to collect evidence,
15		(3) analysis of the collected evidence and conducting of
16		laboratory tests, (4) maintaining the chain of custody and
17		safekeeping of the evidence for use in a legal proceeding, and
18		(5) the comparison of the collected evidence with the genetic
19		marker grouping analysis information maintained by the
20		Illinois State Police under Section 5-4-3 of the Unified Code
21		of Corrections and with the information contained in the
22		Federal Bureau of Investigation's National DNA database;
23		provided the amount and quality of genetic marker grouping
24		results obtained from the evidence in the sexual assault case
25		meets the requirements of both the Illinois State Police and

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1		the Federal Bureau of Investigation's Combined DNA Index
2		System (CODIS) policies. The standardized evidence collection
3		kit for the State of Illinois shall be the Illinois State
4		Police Sexual Assault Evidence Kit and shall include a written
5		consent form authorizing law enforcement to test the sexual
6		assault evidence and to provide law enforcement with details
7		of the sexual assault.
8		(a-5) (Blank).
9		(b) The Illinois State Police shall administer a program
10		to train hospital and approved pediatric health care facility
11		personnel participating in the sexual assault evidence
12		collection program, in the correct use and application of the
13		sexual assault evidence collection kits. The Department shall
14		cooperate with the Illinois State Police in this program as it
15		pertains to medical aspects of the evidence collection.
16		(c) (Blank).
17		(d) This Section is effective on and after January 1, 2024
18		2022.
19		(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
20		102-538, eff. 8-20-21; 102-674, eff. 11-30-21; revised
21		12-16-21.)
22		Section 535. The Compassionate Use of Medical Cannabis
23		Program Act is amended by changing Sections 100 and 145 as
24		follows:

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1		(410 ILCS 130/100)
2		Sec. 100. Cultivation center agent identification card.
3		(a) The Department of Agriculture shall:
4		(1) verify the information contained in an application
5		or renewal for a cultivation center identification card
6		submitted under this Act, and approve or deny an
7		application or renewal, within 30 days of receiving a
8		completed application or renewal application and all
9		supporting documentation required by rule;
10		(2) issue a cultivation center agent identification
11		card to a qualifying agent within 15 business days of
12		approving the application or renewal;
13		(3) enter the registry identification number of the
14		cultivation center where the agent works; and
15		(4) allow for an electronic application process, and
16		provide a confirmation by electronic or other methods that
17		an application has been submitted.
18		(b) A cultivation center agent must keep his or her
19		identification card visible at all times when on the property
20		of a cultivation center and during the transportation of
21		medical cannabis to a registered dispensary organization.
22		(c) The cultivation center agent identification cards
23		shall contain the following:
24		(1) the name of the cardholder;
25		(2) the date of issuance and expiration date of
26		cultivation center agent identification cards;

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1		(3) a random 10-digit 10 digit alphanumeric
2		identification number containing at least 4 numbers and at
3		least 4 letters; that is unique to the holder; and
4		(4) a photograph of the cardholder.
5		(d) The cultivation center agent identification cards
6		shall be immediately returned to the cultivation center upon
7		termination of employment.
8		(e) Any card lost by a cultivation center agent shall be
9		reported to the Illinois State Police and the Department of
10		Agriculture immediately upon discovery of the loss.
11		(f) An applicant shall be denied a cultivation center
12		agent identification card if he or she has been convicted of an
13		excluded offense.
14		(g) An agent applicant may begin employment at a
15		cultivation center while the agent applicant's identification
16		card application is pending. Upon approval, the Department
17		shall issue the agent's identification card to the agent. If
18		denied, the cultivation center and the agent applicant shall
19		be notified and the agent applicant must cease all activity at
20		the cultivation center immediately.
21		(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21;
22		revised 10-14-21.)
23		(410 ILCS 130/145)
24		Sec. 145. Confidentiality.
25		(a) The following information received and records kept by

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1		the Department of Public Health, Department of Financial and
2		Professional Regulation, Department of Agriculture, or
3		Illinois State Police for purposes of administering this Act
4		are subject to all applicable federal privacy laws,
5		confidential, and exempt from the Freedom of Information Act,
6		and not subject to disclosure to any individual or public or
7		private entity, except as necessary for authorized employees
8		of those authorized agencies to perform official duties under
9		this Act and the following information received and records
10		kept by Department of Public Health, Department of
11		Agriculture, Department of Financial and Professional
12		Regulation, and Illinois State Police, excluding any existing
13		or non-existing Illinois or national criminal history record
14		information as defined in subsection (d), may be disclosed to
15		each other upon request:
16		(1) Applications and renewals, their contents, and
17		supporting information submitted by qualifying patients
18		and designated caregivers, including information regarding
19		their designated caregivers and certifying health care
20		professionals.
21		(2) Applications and renewals, their contents, and
22		supporting information submitted by or on behalf of
23		cultivation centers and dispensing organizations in
24		compliance with this Act, including their physical
25		addresses. This does not preclude the release of ownership
26		information of cannabis business establishment licenses.

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1		(3) The individual names and other information
2		identifying persons to whom the Department of Public
3		Health has issued registry identification cards.
4		(4) Any dispensing information required to be kept
5		under Section 135, Section 150, or Department of Public
6		Health, Department of Agriculture, or Department of
7		Financial and Professional Regulation rules shall identify
8		cardholders and registered cultivation centers by their
9		registry identification numbers and medical cannabis
10		dispensing organizations by their registration number and
11		not contain names or other personally identifying
12		information.
13		(5) All medical records provided to the Department of
14		Public Health in connection with an application for a
15		registry card.
16		(b) Nothing in this Section precludes the following:
17		(1) Department of Agriculture, Department of Financial
18		and Professional Regulation, or Public Health employees
19		may notify law enforcement about falsified or fraudulent
20		information submitted to the Departments if the employee
21		who suspects that falsified or fraudulent information has
22		been submitted conferred with his or her supervisor and
23		both agree that circumstances exist that warrant
24		reporting.
25		(2) If the employee conferred with his or her
26		supervisor and both agree that circumstances exist that

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1		warrant reporting, Department of Public Health employees
2		may notify the Department of Financial and Professional
3		Regulation if there is reasonable cause to believe a
4		certifying health care professional:
5		(A) issued a written certification without a bona
6		fide health care professional-patient relationship
7		under this Act;
8		(B) issued a written certification to a person who
9		was not under the certifying health care
10		professional's care for the debilitating medical
11		condition; or
12		(C) failed to abide by the acceptable and
13		prevailing standard of care when evaluating a
14		patient's medical condition.
15		(3) The Department of Public Health, Department of
16		Agriculture, and Department of Financial and Professional
17		Regulation may notify State or local law enforcement about
18		apparent criminal violations of this Act if the employee
19		who suspects the offense has conferred with his or her
20		supervisor and both agree that circumstances exist that
21		warrant reporting.
22		(4) Medical cannabis cultivation center agents and
23		medical cannabis dispensing organizations may notify the
24		Department of Public Health, Department of Financial and
25		Professional Regulation, or Department of Agriculture of a
26		suspected violation or attempted violation of this Act or

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1		the rules issued under it.
2		(5) Each Department may verify registry identification
3		cards under Section 150.
4		(6) The submission of the report to the General
5		Assembly under Section 160.
6		(b-5) Each Department responsible for licensure under this
7		Act shall publish on the Department's website a list of the
8		ownership information of cannabis business establishment
9		licensees under the Department's jurisdiction. The list shall
10		include, but shall not be limited to, the name of the person or
11		entity holding each cannabis business establishment license
12		and the address at which the entity is operating under this
13		Act. This list shall be published and updated monthly.
14		(c) Except for any ownership information released pursuant
15		to subsection (b-5) or as otherwise authorized or required by
16		law, it is a Class B misdemeanor with a $1,000 fine for any
17		person, including an employee or official of the Department of
18		Public Health, Department of Financial and Professional
19		Regulation, or Department of Agriculture or another State
20		agency or local government, to breach the confidentiality of
21		information obtained under this Act.
22		(d) The Department of Public Health, the Department of
23		Agriculture, the Illinois State Police, and the Department of
24		Financial and Professional Regulation shall not share or
25		disclose any existing or non-existing Illinois or national
26		criminal history record information. For the purposes of this

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1		Section, "any existing or non-existing Illinois or national
2		criminal history record information" means any Illinois or
3		national criminal history record information, including but
4		not limited to the lack of or non-existence of these records.
5		(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21;
6		102-538, eff. 8-20-21; revised 10-12-21.)
7		Section 540. The Cannabis Regulation and Tax Act is
8		amended by changing Sections 1-10, 15-25, 15-30, 15-40,
9		15-135, 20-30, 25-30, 25-35, 30-30, 35-25, 35-30, 40-25,
10		40-30, and 55-30 as follows:
11		(410 ILCS 705/1-10)
12		Sec. 1-10. Definitions. In this Act:
13		"Adult Use Cultivation Center License" means a license
14		issued by the Department of Agriculture that permits a person
15		to act as a cultivation center under this Act and any
16		administrative rule made in furtherance of this Act.
17		"Adult Use Dispensing Organization License" means a
18		license issued by the Department of Financial and Professional
19		Regulation that permits a person to act as a dispensing
20		organization under this Act and any administrative rule made
21		in furtherance of this Act.
22		"Advertise" means to engage in promotional activities
23		including, but not limited to: newspaper, radio, Internet and
24		electronic media, and television advertising; the distribution

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1		of fliers and circulars; billboard advertising; and the
2		display of window and interior signs. "Advertise" does not
3		mean exterior signage displaying only the name of the licensed
4		cannabis business establishment.
5		"Application points" means the number of points a
6		Dispensary Applicant receives on an application for a
7		Conditional Adult Use Dispensing Organization License.
8		"BLS Region" means a region in Illinois used by the United
9		States Bureau of Labor Statistics to gather and categorize
10		certain employment and wage data. The 17 such regions in
11		Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
12		Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
13		Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
14		Rockford, St. Louis, Springfield, Northwest Illinois
15		nonmetropolitan area, West Central Illinois nonmetropolitan
16		area, East Central Illinois nonmetropolitan area, and South
17		Illinois nonmetropolitan area.
18		"By lot" means a randomized method of choosing between 2
19		or more Eligible Tied Applicants or 2 or more Qualifying
20		Applicants.
21		"Cannabis" means marijuana, hashish, and other substances
22		that are identified as including any parts of the plant
23		Cannabis sativa and including derivatives or subspecies, such
24		as indica, of all strains of cannabis, whether growing or not;
25		the seeds thereof, the resin extracted from any part of the
26		plant; and any compound, manufacture, salt, derivative,

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1		mixture, or preparation of the plant, its seeds, or resin,
2		including tetrahydrocannabinol (THC) and all other naturally
3		produced cannabinol derivatives, whether produced directly or
4		indirectly by extraction; however, "cannabis" does not include
5		the mature stalks of the plant, fiber produced from the
6		stalks, oil or cake made from the seeds of the plant, any other
7		compound, manufacture, salt, derivative, mixture, or
8		preparation of the mature stalks (except the resin extracted
9		from it), fiber, oil or cake, or the sterilized seed of the
10		plant that is incapable of germination. "Cannabis" does not
11		include industrial hemp as defined and authorized under the
12		Industrial Hemp Act. "Cannabis" also means cannabis flower,
13		concentrate, and cannabis-infused products.
14		"Cannabis business establishment" means a cultivation
15		center, craft grower, processing organization, infuser
16		organization, dispensing organization, or transporting
17		organization.
18		"Cannabis concentrate" means a product derived from
19		cannabis that is produced by extracting cannabinoids,
20		including tetrahydrocannabinol (THC), from the plant through
21		the use of propylene glycol, glycerin, butter, olive oil, or
22		other typical cooking fats; water, ice, or dry ice; or butane,
23		propane, CO2, ethanol, or isopropanol and with the intended
24		use of smoking or making a cannabis-infused product. The use
25		of any other solvent is expressly prohibited unless and until
26		it is approved by the Department of Agriculture.

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1		"Cannabis container" means a sealed or resealable,
2		traceable, container, or package used for the purpose of
3		containment of cannabis or cannabis-infused product during
4		transportation.
5		"Cannabis flower" means marijuana, hashish, and other
6		substances that are identified as including any parts of the
7		plant Cannabis sativa and including derivatives or subspecies,
8		such as indica, of all strains of cannabis; including raw
9		kief, leaves, and buds, but not resin that has been extracted
10		from any part of such plant; nor any compound, manufacture,
11		salt, derivative, mixture, or preparation of such plant, its
12		seeds, or resin.
13		"Cannabis-infused product" means a beverage, food, oil,
14		ointment, tincture, topical formulation, or another product
15		containing cannabis or cannabis concentrate that is not
16		intended to be smoked.
17		"Cannabis paraphernalia" means equipment, products, or
18		materials intended to be used for planting, propagating,
19		cultivating, growing, harvesting, manufacturing, producing,
20		processing, preparing, testing, analyzing, packaging,
21		repackaging, storing, containing, concealing, ingesting, or
22		otherwise introducing cannabis into the human body.
23		"Cannabis plant monitoring system" or "plant monitoring
24		system" means a system that includes, but is not limited to,
25		testing and data collection established and maintained by the
26		cultivation center, craft grower, or processing organization

HB5501 Engrossed - 1735 - LRB102 24698 AMC 33937 b
1		and that is available to the Department of Revenue, the
2		Department of Agriculture, the Department of Financial and
3		Professional Regulation, and the Illinois State Police for the
4		purposes of documenting each cannabis plant and monitoring
5		plant development throughout the life cycle of a cannabis
6		plant cultivated for the intended use by a customer from seed
7		planting to final packaging.
8		"Cannabis testing facility" means an entity registered by
9		the Department of Agriculture to test cannabis for potency and
10		contaminants.
11		"Clone" means a plant section from a female cannabis plant
12		not yet rootbound, growing in a water solution or other
13		propagation matrix, that is capable of developing into a new
14		plant.
15		"Community College Cannabis Vocational Training Pilot
16		Program faculty participant" means a person who is 21 years of
17		age or older, licensed by the Department of Agriculture, and
18		is employed or contracted by an Illinois community college to
19		provide student instruction using cannabis plants at an
20		Illinois Community College.
21		"Community College Cannabis Vocational Training Pilot
22		Program faculty participant Agent Identification Card" means a
23		document issued by the Department of Agriculture that
24		identifies a person as a Community College Cannabis Vocational
25		Training Pilot Program faculty participant.
26		"Conditional Adult Use Dispensing Organization License"

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1		means a contingent license awarded to applicants for an Adult
2		Use Dispensing Organization License that reserves the right to
3		an Adult Use Dispensing Organization License if the applicant
4		meets certain conditions described in this Act, but does not
5		entitle the recipient to begin purchasing or selling cannabis
6		or cannabis-infused products.
7		"Conditional Adult Use Cultivation Center License" means a
8		license awarded to top-scoring applicants for an Adult Use
9		Cultivation Center License that reserves the right to an Adult
10		Use Cultivation Center License if the applicant meets certain
11		conditions as determined by the Department of Agriculture by
12		rule, but does not entitle the recipient to begin growing,
13		processing, or selling cannabis or cannabis-infused products.
14		"Craft grower" means a facility operated by an
15		organization or business that is licensed by the Department of
16		Agriculture to cultivate, dry, cure, and package cannabis and
17		perform other necessary activities to make cannabis available
18		for sale at a dispensing organization or use at a processing
19		organization. A craft grower may contain up to 5,000 square
20		feet of canopy space on its premises for plants in the
21		flowering state. The Department of Agriculture may authorize
22		an increase or decrease of flowering stage cultivation space
23		in increments of 3,000 square feet by rule based on market
24		need, craft grower capacity, and the licensee's history of
25		compliance or noncompliance, with a maximum space of 14,000
26		square feet for cultivating plants in the flowering stage,

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1		which must be cultivated in all stages of growth in an enclosed
2		and secure area. A craft grower may share premises with a
3		processing organization or a dispensing organization, or both,
4		provided each licensee stores currency and cannabis or
5		cannabis-infused products in a separate secured vault to which
6		the other licensee does not have access or all licensees
7		sharing a vault share more than 50% of the same ownership.
8		"Craft grower agent" means a principal officer, board
9		member, employee, or other agent of a craft grower who is 21
10		years of age or older.
11		"Craft Grower Agent Identification Card" means a document
12		issued by the Department of Agriculture that identifies a
13		person as a craft grower agent.
14		"Cultivation center" means a facility operated by an
15		organization or business that is licensed by the Department of
16		Agriculture to cultivate, process, transport (unless otherwise
17		limited by this Act), and perform other necessary activities
18		to provide cannabis and cannabis-infused products to cannabis
19		business establishments.
20		"Cultivation center agent" means a principal officer,
21		board member, employee, or other agent of a cultivation center
22		who is 21 years of age or older.
23		"Cultivation Center Agent Identification Card" means a
24		document issued by the Department of Agriculture that
25		identifies a person as a cultivation center agent.
26		"Currency" means currency and coin of the United States.

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1		"Dispensary" means a facility operated by a dispensing
2		organization at which activities licensed by this Act may
3		occur.
4		"Dispensary Applicant" means the Proposed Dispensing
5		Organization Name as stated on an application for a
6		Conditional Adult Use Dispensing Organization License.
7		"Dispensing organization" means a facility operated by an
8		organization or business that is licensed by the Department of
9		Financial and Professional Regulation to acquire cannabis from
10		a cultivation center, craft grower, processing organization,
11		or another dispensary for the purpose of selling or dispensing
12		cannabis, cannabis-infused products, cannabis seeds,
13		paraphernalia, or related supplies under this Act to
14		purchasers or to qualified registered medical cannabis
15		patients and caregivers. As used in this Act, "dispensing
16		organization" includes a registered medical cannabis
17		organization as defined in the Compassionate Use of Medical
18		Cannabis Program Act or its successor Act that has obtained an
19		Early Approval Adult Use Dispensing Organization License.
20		"Dispensing organization agent" means a principal officer,
21		employee, or agent of a dispensing organization who is 21
22		years of age or older.
23		"Dispensing organization agent identification card" means
24		a document issued by the Department of Financial and
25		Professional Regulation that identifies a person as a
26		dispensing organization agent.

HB5501 Engrossed - 1739 - LRB102 24698 AMC 33937 b
1		"Disproportionately Impacted Area" means a census tract or
2		comparable geographic area that satisfies the following
3		criteria as determined by the Department of Commerce and
4		Economic Opportunity, that:
5		(1) meets at least one of the following criteria:
6		(A) the area has a poverty rate of at least 20%
7		according to the latest federal decennial census; or
8		(B) 75% or more of the children in the area
9		participate in the federal free lunch program
10		according to reported statistics from the State Board
11		of Education; or
12		(C) at least 20% of the households in the area
13		receive assistance under the Supplemental Nutrition
14		Assistance Program; or
15		(D) the area has an average unemployment rate, as
16		determined by the Illinois Department of Employment
17		Security, that is more than 120% of the national
18		unemployment average, as determined by the United
19		States Department of Labor, for a period of at least 2
20		consecutive calendar years preceding the date of the
21		application; and
22		(2) has high rates of arrest, conviction, and
23		incarceration related to the sale, possession, use,
24		cultivation, manufacture, or transport of cannabis.
25		"Early Approval Adult Use Cultivation Center License"
26		means a license that permits a medical cannabis cultivation

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1		center licensed under the Compassionate Use of Medical
2		Cannabis Program Act as of the effective date of this Act to
3		begin cultivating, infusing, packaging, transporting (unless
4		otherwise provided in this Act), processing, and selling
5		cannabis or cannabis-infused product to cannabis business
6		establishments for resale to purchasers as permitted by this
7		Act as of January 1, 2020.
8		"Early Approval Adult Use Dispensing Organization License"
9		means a license that permits a medical cannabis dispensing
10		organization licensed under the Compassionate Use of Medical
11		Cannabis Program Act as of the effective date of this Act to
12		begin selling cannabis or cannabis-infused product to
13		purchasers as permitted by this Act as of January 1, 2020.
14		"Early Approval Adult Use Dispensing Organization at a
15		secondary site" means a license that permits a medical
16		cannabis dispensing organization licensed under the
17		Compassionate Use of Medical Cannabis Program Act as of the
18		effective date of this Act to begin selling cannabis or
19		cannabis-infused product to purchasers as permitted by this
20		Act on January 1, 2020 at a different dispensary location from
21		its existing registered medical dispensary location.
22		"Eligible Tied Applicant" means a Tied Applicant that is
23		eligible to participate in the process by which a remaining
24		available license is distributed by lot pursuant to a Tied
25		Applicant Lottery.
26		"Enclosed, locked facility" means a room, greenhouse,

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1		building, or other enclosed area equipped with locks or other
2		security devices that permit access only by cannabis business
3		establishment agents working for the licensed cannabis
4		business establishment or acting pursuant to this Act to
5		cultivate, process, store, or distribute cannabis.
6		"Enclosed, locked space" means a closet, room, greenhouse,
7		building, or other enclosed area equipped with locks or other
8		security devices that permit access only by authorized
9		individuals under this Act. "Enclosed, locked space" may
10		include:
11		(1) a space within a residential building that (i) is
12		the primary residence of the individual cultivating 5 or
13		fewer cannabis plants that are more than 5 inches tall and
14		(ii) includes sleeping quarters and indoor plumbing. The
15		space must only be accessible by a key or code that is
16		different from any key or code that can be used to access
17		the residential building from the exterior; or
18		(2) a structure, such as a shed or greenhouse, that
19		lies on the same plot of land as a residential building
20		that (i) includes sleeping quarters and indoor plumbing
21		and (ii) is used as a primary residence by the person
22		cultivating 5 or fewer cannabis plants that are more than
23		5 inches tall, such as a shed or greenhouse. The structure
24		must remain locked when it is unoccupied by people.
25		"Financial institution" has the same meaning as "financial
26		organization" as defined in Section 1501 of the Illinois

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1		Income Tax Act, and also includes the holding companies,
2		subsidiaries, and affiliates of such financial organizations.
3		"Flowering stage" means the stage of cultivation where and
4		when a cannabis plant is cultivated to produce plant material
5		for cannabis products. This includes mature plants as follows:
6		(1) if greater than 2 stigmas are visible at each
7		internode of the plant; or
8		(2) if the cannabis plant is in an area that has been
9		intentionally deprived of light for a period of time
10		intended to produce flower buds and induce maturation,
11		from the moment the light deprivation began through the
12		remainder of the marijuana plant growth cycle.
13		"Individual" means a natural person.
14		"Infuser organization" or "infuser" means a facility
15		operated by an organization or business that is licensed by
16		the Department of Agriculture to directly incorporate cannabis
17		or cannabis concentrate into a product formulation to produce
18		a cannabis-infused product.
19		"Kief" means the resinous crystal-like trichomes that are
20		found on cannabis and that are accumulated, resulting in a
21		higher concentration of cannabinoids, untreated by heat or
22		pressure, or extracted using a solvent.
23		"Labor peace agreement" means an agreement between a
24		cannabis business establishment and any labor organization
25		recognized under the National Labor Relations Act, referred to
26		in this Act as a bona fide labor organization, that prohibits

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1		labor organizations and members from engaging in picketing,
2		work stoppages, boycotts, and any other economic interference
3		with the cannabis business establishment. This agreement means
4		that the cannabis business establishment has agreed not to
5		disrupt efforts by the bona fide labor organization to
6		communicate with, and attempt to organize and represent, the
7		cannabis business establishment's employees. The agreement
8		shall provide a bona fide labor organization access at
9		reasonable times to areas in which the cannabis business
10		establishment's employees work, for the purpose of meeting
11		with employees to discuss their right to representation,
12		employment rights under State law, and terms and conditions of
13		employment. This type of agreement shall not mandate a
14		particular method of election or certification of the bona
15		fide labor organization.
16		"Limited access area" means a room or other area under the
17		control of a cannabis dispensing organization licensed under
18		this Act and upon the licensed premises where cannabis sales
19		occur with access limited to purchasers, dispensing
20		organization owners and other dispensing organization agents,
21		or service professionals conducting business with the
22		dispensing organization, or, if sales to registered qualifying
23		patients, caregivers, provisional patients, and Opioid
24		Alternative Pilot Program participants licensed pursuant to
25		the Compassionate Use of Medical Cannabis Program Act are also
26		permitted at the dispensary, registered qualifying patients,

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1		caregivers, provisional patients, and Opioid Alternative Pilot
2		Program participants.
3		"Member of an impacted family" means an individual who has
4		a parent, legal guardian, child, spouse, or dependent, or was
5		a dependent of an individual who, prior to the effective date
6		of this Act, was arrested for, convicted of, or adjudicated
7		delinquent for any offense that is eligible for expungement
8		under this Act.
9		"Mother plant" means a cannabis plant that is cultivated
10		or maintained for the purpose of generating clones, and that
11		will not be used to produce plant material for sale to an
12		infuser or dispensing organization.
13		"Ordinary public view" means within the sight line with
14		normal visual range of a person, unassisted by visual aids,
15		from a public street or sidewalk adjacent to real property, or
16		from within an adjacent property.
17		"Ownership and control" means ownership of at least 51% of
18		the business, including corporate stock if a corporation, and
19		control over the management and day-to-day operations of the
20		business and an interest in the capital, assets, and profits
21		and losses of the business proportionate to percentage of
22		ownership.
23		"Person" means a natural individual, firm, partnership,
24		association, joint stock company, joint venture, public or
25		private corporation, limited liability company, or a receiver,
26		executor, trustee, guardian, or other representative appointed

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1		by order of any court.
2		"Possession limit" means the amount of cannabis under
3		Section 10-10 that may be possessed at any one time by a person
4		21 years of age or older or who is a registered qualifying
5		medical cannabis patient or caregiver under the Compassionate
6		Use of Medical Cannabis Program Act.
7		"Principal officer" includes a cannabis business
8		establishment applicant or licensed cannabis business
9		establishment's board member, owner with more than 1% interest
10		of the total cannabis business establishment or more than 5%
11		interest of the total cannabis business establishment of a
12		publicly traded company, president, vice president, secretary,
13		treasurer, partner, officer, member, manager member, or person
14		with a profit sharing, financial interest, or revenue sharing
15		arrangement. The definition includes a person with authority
16		to control the cannabis business establishment, a person who
17		assumes responsibility for the debts of the cannabis business
18		establishment and who is further defined in this Act.
19		"Primary residence" means a dwelling where a person
20		usually stays or stays more often than other locations. It may
21		be determined by, without limitation, presence, tax filings;
22		address on an Illinois driver's license, an Illinois
23		Identification Card, or an Illinois Person with a Disability
24		Identification Card; or voter registration. No person may have
25		more than one primary residence.
26		"Processing organization" or "processor" means a facility

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1		operated by an organization or business that is licensed by
2		the Department of Agriculture to either extract constituent
3		chemicals or compounds to produce cannabis concentrate or
4		incorporate cannabis or cannabis concentrate into a product
5		formulation to produce a cannabis product.
6		"Processing organization agent" means a principal officer,
7		board member, employee, or agent of a processing organization.
8		"Processing organization agent identification card" means
9		a document issued by the Department of Agriculture that
10		identifies a person as a processing organization agent.
11		"Purchaser" means a person 21 years of age or older who
12		acquires cannabis for a valuable consideration. "Purchaser"
13		does not include a cardholder under the Compassionate Use of
14		Medical Cannabis Program Act.
15		"Qualifying Applicant" means an applicant that submitted
16		an application pursuant to Section 15-30 that received at
17		least 85% of 250 application points available under Section
18		15-30 as the applicant's final score and meets the definition
19		of "Social Equity Applicant" as set forth under this Section.
20		"Qualifying Social Equity Justice Involved Applicant"
21		means an applicant that submitted an application pursuant to
22		Section 15-30 that received at least 85% of 250 application
23		points available under Section 15-30 as the applicant's final
24		score and meets the criteria of either paragraph (1) or (2) of
25		the definition of "Social Equity Applicant" as set forth under
26		this Section.

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1		"Qualified Social Equity Applicant" means a Social Equity
2		Applicant who has been awarded a conditional license under
3		this Act to operate a cannabis business establishment.
4		"Resided" means an individual's primary residence was
5		located within the relevant geographic area as established by
6		2 of the following:
7		(1) a signed lease agreement that includes the
8		applicant's name;
9		(2) a property deed that includes the applicant's
10		name;
11		(3) school records;
12		(4) a voter registration card;
13		(5) an Illinois driver's license, an Illinois
14		Identification Card, or an Illinois Person with a
15		Disability Identification Card;
16		(6) a paycheck stub;
17		(7) a utility bill;
18		(8) tax records; or
19		(9) any other proof of residency or other information
20		necessary to establish residence as provided by rule.
21		"Smoking" means the inhalation of smoke caused by the
22		combustion of cannabis.
23		"Social Equity Applicant" means an applicant that is an
24		Illinois resident that meets one of the following criteria:
25		(1) an applicant with at least 51% ownership and
26		control by one or more individuals who have resided for at

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1		least 5 of the preceding 10 years in a Disproportionately
2		Impacted Area;
3		(2) an applicant with at least 51% ownership and
4		control by one or more individuals who:
5		(i) have been arrested for, convicted of, or
6		adjudicated delinquent for any offense that is
7		eligible for expungement under this Act; or
8		(ii) is a member of an impacted family;
9		(3) for applicants with a minimum of 10 full-time
10		employees, an applicant with at least 51% of current
11		employees who:
12		(i) currently reside in a Disproportionately
13		Impacted Area; or
14		(ii) have been arrested for, convicted of, or
15		adjudicated delinquent for any offense that is
16		eligible for expungement under this Act or member of
17		an impacted family.
18		Nothing in this Act shall be construed to preempt or limit
19		the duties of any employer under the Job Opportunities for
20		Qualified Applicants Act. Nothing in this Act shall permit an
21		employer to require an employee to disclose sealed or expunged
22		offenses, unless otherwise required by law.
23		"Tied Applicant" means an application submitted by a
24		Dispensary Applicant pursuant to Section 15-30 that received
25		the same number of application points under Section 15-30 as
26		the Dispensary Applicant's final score as one or more

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1		top-scoring applications in the same BLS Region and would have
2		been awarded a license but for the one or more other
3		top-scoring applications that received the same number of
4		application points. Each application for which a Dispensary
5		Applicant was required to pay a required application fee for
6		the application period ending January 2, 2020 shall be
7		considered an application of a separate Tied Applicant.
8		"Tied Applicant Lottery" means the process established
9		under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
10		Use Dispensing Organization Licenses pursuant to Sections
11		15-25 and 15-30 among Eligible Tied Applicants.
12		"Tincture" means a cannabis-infused solution, typically
13		comprised of alcohol, glycerin, or vegetable oils, derived
14		either directly from the cannabis plant or from a processed
15		cannabis extract. A tincture is not an alcoholic liquor as
16		defined in the Liquor Control Act of 1934. A tincture shall
17		include a calibrated dropper or other similar device capable
18		of accurately measuring servings.
19		"Transporting organization" or "transporter" means an
20		organization or business that is licensed by the Department of
21		Agriculture to transport cannabis or cannabis-infused product
22		on behalf of a cannabis business establishment or a community
23		college licensed under the Community College Cannabis
24		Vocational Training Pilot Program.
25		"Transporting organization agent" means a principal
26		officer, board member, employee, or agent of a transporting

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1		organization.
2		"Transporting organization agent identification card"
3		means a document issued by the Department of Agriculture that
4		identifies a person as a transporting organization agent.
5		"Unit of local government" means any county, city,
6		village, or incorporated town.
7		"Vegetative stage" means the stage of cultivation in which
8		a cannabis plant is propagated to produce additional cannabis
9		plants or reach a sufficient size for production. This
10		includes seedlings, clones, mothers, and other immature
11		cannabis plants as follows:
12		(1) if the cannabis plant is in an area that has not
13		been intentionally deprived of light for a period of time
14		intended to produce flower buds and induce maturation, it
15		has no more than 2 stigmas visible at each internode of the
16		cannabis plant; or
17		(2) any cannabis plant that is cultivated solely for
18		the purpose of propagating clones and is never used to
19		produce cannabis.
20		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
21		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
22		10-13-21.)
23		(410 ILCS 705/15-25)
24		Sec. 15-25. Awarding of Conditional Adult Use Dispensing
25		Organization Licenses prior to January 1, 2021.

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1		(a) The Department shall issue up to 75 Conditional Adult
2		Use Dispensing Organization Licenses before May 1, 2020.
3		(b) The Department shall make the application for a
4		Conditional Adult Use Dispensing Organization License
5		available no later than October 1, 2019 and shall accept
6		applications no later than January 1, 2020.
7		(c) To ensure the geographic dispersion of Conditional
8		Adult Use Dispensing Organization License holders, the
9		following number of licenses shall be awarded in each BLS
10		Region as determined by each region's percentage of the
11		State's population:
12		(1) Bloomington: 1
13		(2) Cape Girardeau: 1
14		(3) Carbondale-Marion: 1
15		(4) Champaign-Urbana: 1
16		(5) Chicago-Naperville-Elgin: 47
17		(6) Danville: 1
18		(7) Davenport-Moline-Rock Island: 1
19		(8) Decatur: 1
20		(9) Kankakee: 1
21		(10) Peoria: 3
22		(11) Rockford: 2
23		(12) St. Louis: 4
24		(13) Springfield: 1
25		(14) Northwest Illinois nonmetropolitan: 3
26		(15) West Central Illinois nonmetropolitan: 3

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1		(16) East Central Illinois nonmetropolitan: 2
2		(17) South Illinois nonmetropolitan: 2
3		(d) An applicant seeking issuance of a Conditional Adult
4		Use Dispensing Organization License shall submit an
5		application on forms provided by the Department. An applicant
6		must meet the following requirements:
7		(1) Payment of a nonrefundable application fee of
8		$5,000 for each license for which the applicant is
9		applying, which shall be deposited into the Cannabis
10		Regulation Fund;
11		(2) Certification that the applicant will comply with
12		the requirements contained in this Act;
13		(3) The legal name of the proposed dispensing
14		organization;
15		(4) A statement that the dispensing organization
16		agrees to respond to the Department's supplemental
17		requests for information;
18		(5) From each principal officer, a statement
19		indicating whether that person:
20		(A) has previously held or currently holds an
21		ownership interest in a cannabis business
22		establishment in Illinois; or
23		(B) has held an ownership interest in a dispensing
24		organization or its equivalent in another state or
25		territory of the United States that had the dispensing
26		organization registration or license suspended,

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1		revoked, placed on probationary status, or subjected
2		to other disciplinary action;
3		(6) Disclosure of whether any principal officer has
4		ever filed for bankruptcy or defaulted on spousal support
5		or child support obligation;
6		(7) A resume for each principal officer, including
7		whether that person has an academic degree, certification,
8		or relevant experience with a cannabis business
9		establishment or in a related industry;
10		(8) A description of the training and education that
11		will be provided to dispensing organization agents;
12		(9) A copy of the proposed operating bylaws;
13		(10) A copy of the proposed business plan that
14		complies with the requirements in this Act, including, at
15		a minimum, the following:
16		(A) A description of services to be offered; and
17		(B) A description of the process of dispensing
18		cannabis;
19		(11) A copy of the proposed security plan that
20		complies with the requirements in this Article, including:
21		(A) The process or controls that will be
22		implemented to monitor the dispensary, secure the
23		premises, agents, and currency, and prevent the
24		diversion, theft, or loss of cannabis; and
25		(B) The process to ensure that access to the
26		restricted access areas is restricted to, registered

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1		agents, service professionals, transporting
2		organization agents, Department inspectors, and
3		security personnel;
4		(12) A proposed inventory control plan that complies
5		with this Section;
6		(13) A proposed floor plan, a square footage estimate,
7		and a description of proposed security devices, including,
8		without limitation, cameras, motion detectors, servers,
9		video storage capabilities, and alarm service providers;
10		(14) The name, address, social security number, and
11		date of birth of each principal officer and board member
12		of the dispensing organization; each of those individuals
13		shall be at least 21 years of age;
14		(15) Evidence of the applicant's status as a Social
15		Equity Applicant, if applicable, and whether a Social
16		Equity Applicant plans to apply for a loan or grant issued
17		by the Department of Commerce and Economic Opportunity;
18		(16) The address, telephone number, and email address
19		of the applicant's principal place of business, if
20		applicable. A post office box is not permitted;
21		(17) Written summaries of any information regarding
22		instances in which a business or not-for-profit that a
23		prospective board member previously managed or served on
24		were fined or censured, or any instances in which a
25		business or not-for-profit that a prospective board member
26		previously managed or served on had its registration

HB5501 Engrossed - 1755 - LRB102 24698 AMC 33937 b
1		suspended or revoked in any administrative or judicial
2		proceeding;
3		(18) A plan for community engagement;
4		(19) Procedures to ensure accurate recordkeeping and
5		security measures that are in accordance with this Article
6		and Department rules;
7		(20) The estimated volume of cannabis it plans to
8		store at the dispensary;
9		(21) A description of the features that will provide
10		accessibility to purchasers as required by the Americans
11		with Disabilities Act;
12		(22) A detailed description of air treatment systems
13		that will be installed to reduce odors;
14		(23) A reasonable assurance that the issuance of a
15		license will not have a detrimental impact on the
16		community in which the applicant wishes to locate;
17		(24) The dated signature of each principal officer;
18		(25) A description of the enclosed, locked facility
19		where cannabis will be stored by the dispensing
20		organization;
21		(26) Signed statements from each dispensing
22		organization agent stating that he or she will not divert
23		cannabis;
24		(27) The number of licenses it is applying for in each
25		BLS Region;
26		(28) A diversity plan that includes a narrative of at

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1		least 2,500 words that establishes a goal of diversity in
2		ownership, management, employment, and contracting to
3		ensure that diverse participants and groups are afforded
4		equality of opportunity;
5		(29) A contract with a private security contractor
6		agency that is licensed under Section 10-5 of the Private
7		Detective, Private Alarm, Private Security, Fingerprint
8		Vendor, and Locksmith Act of 2004 in order for the
9		dispensary to have adequate security at its facility; and
10		(30) Other information deemed necessary by the
11		Illinois Cannabis Regulation Oversight Officer to conduct
12		the disparity and availability study referenced in
13		subsection (e) of Section 5-45.
14		(e) An applicant who receives a Conditional Adult Use
15		Dispensing Organization License under this Section has 180
16		days from the date of award to identify a physical location for
17		the dispensing organization retail storefront. The applicant
18		shall provide evidence that the location is not within 1,500
19		feet of an existing dispensing organization, unless the
20		applicant is a Social Equity Applicant or Social Equity
21		Justice Involved Applicant located or seeking to locate within
22		1,500 feet of a dispensing organization licensed under Section
23		15-15 or Section 15-20. If an applicant is unable to find a
24		suitable physical address in the opinion of the Department
25		within 180 days of the issuance of the Conditional Adult Use
26		Dispensing Organization License, the Department may extend the

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1		period for finding a physical address another 180 days if the
2		Conditional Adult Use Dispensing Organization License holder
3		demonstrates concrete attempts to secure a location and a
4		hardship. If the Department denies the extension or the
5		Conditional Adult Use Dispensing Organization License holder
6		is unable to find a location or become operational within 360
7		days of being awarded a conditional license, the Department
8		shall rescind the conditional license and award it to the next
9		highest scoring applicant in the BLS Region for which the
10		license was assigned, provided the applicant receiving the
11		license: (i) confirms a continued interest in operating a
12		dispensing organization; (ii) can provide evidence that the
13		applicant continues to meet all requirements for holding a
14		Conditional Adult Use Dispensing Organization License set
15		forth in this Act; and (iii) has not otherwise become
16		ineligible to be awarded a dispensing organization license. If
17		the new awardee is unable to accept the Conditional Adult Use
18		Dispensing Organization License, the Department shall award
19		the Conditional Adult Use Dispensing Organization License to
20		the next highest scoring applicant in the same manner. The new
21		awardee shall be subject to the same required deadlines as
22		provided in this subsection.
23		(e-5) If, within 180 days of being awarded a Conditional
24		Adult Use Dispensing Organization License, a dispensing
25		organization is unable to find a location within the BLS
26		Region in which it was awarded a Conditional Adult Use

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1		Dispensing Organization License because no jurisdiction within
2		the BLS Region allows for the operation of an Adult Use
3		Dispensing Organization, the Department of Financial and
4		Professional Regulation may authorize the Conditional Adult
5		Use Dispensing Organization License holder to transfer its
6		license to a BLS Region specified by the Department.
7		(f) A dispensing organization that is awarded a
8		Conditional Adult Use Dispensing Organization License pursuant
9		to the criteria in Section 15-30 shall not purchase, possess,
10		sell, or dispense cannabis or cannabis-infused products until
11		the person has received an Adult Use Dispensing Organization
12		License issued by the Department pursuant to Section 15-36 of
13		this Act.
14		(g) The Department shall conduct a background check of the
15		prospective organization agents in order to carry out this
16		Article. The Illinois State Police shall charge the applicant
17		a fee for conducting the criminal history record check, which
18		shall be deposited into the State Police Services Fund and
19		shall not exceed the actual cost of the record check. Each
20		person applying as a dispensing organization agent shall
21		submit a full set of fingerprints to the Illinois State Police
22		for the purpose of obtaining a State and federal criminal
23		records check. These fingerprints shall be checked against the
24		fingerprint records now and hereafter, to the extent allowed
25		by law, filed in the Illinois State Police and Federal Bureau
26		of Identification criminal history records databases. The

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1		Illinois State Police shall furnish, following positive
2		identification, all Illinois conviction information to the
3		Department.
4		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
5		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
6		10-13-21.)
7		(410 ILCS 705/15-30)
8		Sec. 15-30. Selection criteria for conditional licenses
9		awarded under Section 15-25.
10		(a) Applicants for a Conditional Adult Use Dispensing
11		Organization License must submit all required information,
12		including the information required in Section 15-25, to the
13		Department. Failure by an applicant to submit all required
14		information may result in the application being disqualified.
15		(b) If the Department receives an application that fails
16		to provide the required elements contained in this Section,
17		the Department shall issue a deficiency notice to the
18		applicant. The applicant shall have 10 calendar days from the
19		date of the deficiency notice to resubmit the incomplete
20		information. Applications that are still incomplete after this
21		opportunity to cure will not be scored and will be
22		disqualified.
23		(c) The Department will award up to 250 points to complete
24		applications based on the sufficiency of the applicant's
25		responses to required information. Applicants will be awarded

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1		points based on a determination that the application
2		satisfactorily includes the following elements:
3		(1) Suitability of Employee Training Plan (15 points).
4		The plan includes an employee training plan that
5		demonstrates that employees will understand the rules and
6		laws to be followed by dispensary employees, have
7		knowledge of any security measures and operating
8		procedures of the dispensary, and are able to advise
9		purchasers on how to safely consume cannabis and use
10		individual products offered by the dispensary.
11		(2) Security and Recordkeeping (65 points).
12		(A) The security plan accounts for the prevention
13		of the theft or diversion of cannabis. The security
14		plan demonstrates safety procedures for dispensing
15		organization agents and purchasers, and safe delivery
16		and storage of cannabis and currency. It demonstrates
17		compliance with all security requirements in this Act
18		and rules.
19		(B) A plan for recordkeeping, tracking, and
20		monitoring inventory, quality control, and other
21		policies and procedures that will promote standard
22		recordkeeping and discourage unlawful activity. This
23		plan includes the applicant's strategy to communicate
24		with the Department and the Illinois State Police on
25		the destruction and disposal of cannabis. The plan
26		must also demonstrate compliance with this Act and

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1		rules.
2		(C) The security plan shall also detail which
3		private security contractor licensed under Section
4		10-5 of the Private Detective, Private Alarm, Private
5		Security, Fingerprint Vendor, and Locksmith Act of
6		2004 the dispensary will contract with in order to
7		provide adequate security at its facility.
8		(3) Applicant's Business Plan, Financials, Operating
9		and Floor Plan (65 points).
10		(A) The business plan shall describe, at a
11		minimum, how the dispensing organization will be
12		managed on a long-term basis. This shall include a
13		description of the dispensing organization's
14		point-of-sale system, purchases and denials of sale,
15		confidentiality, and products and services to be
16		offered. It will demonstrate compliance with this Act
17		and rules.
18		(B) The operating plan shall include, at a
19		minimum, best practices for day-to-day dispensary
20		operation and staffing. The operating plan may also
21		include information about employment practices,
22		including information about the percentage of
23		full-time employees who will be provided a living
24		wage.
25		(C) The proposed floor plan is suitable for public
26		access, the layout promotes safe dispensing of

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1		cannabis, is compliant with the Americans with
2		Disabilities Act and the Environmental Barriers Act,
3		and facilitates safe product handling and storage.
4		(4) Knowledge and Experience (30 points).
5		(A) The applicant's principal officers must
6		demonstrate experience and qualifications in business
7		management or experience with the cannabis industry.
8		This includes ensuring optimal safety and accuracy in
9		the dispensing and sale of cannabis.
10		(B) The applicant's principal officers must
11		demonstrate knowledge of various cannabis product
12		strains or varieties and describe the types and
13		quantities of products planned to be sold. This
14		includes confirmation of whether the dispensing
15		organization plans to sell cannabis paraphernalia or
16		edibles.
17		(C) Knowledge and experience may be demonstrated
18		through experience in other comparable industries that
19		reflect on the applicant's ability to operate a
20		cannabis business establishment.
21		(5) Status as a Social Equity Applicant (50 points).
22		The applicant meets the qualifications for a Social Equity
23		Applicant as set forth in this Act.
24		(6) Labor and employment practices (5 points). : The
25		applicant may describe plans to provide a safe, healthy,
26		and economically beneficial working environment for its

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1		agents, including, but not limited to, codes of conduct,
2		health care benefits, educational benefits, retirement
3		benefits, living wage standards, and entering a labor
4		peace agreement with employees.
5		(7) Environmental Plan (5 points). : The applicant may
6		demonstrate an environmental plan of action to minimize
7		the carbon footprint, environmental impact, and resource
8		needs for the dispensary, which may include, without
9		limitation, recycling cannabis product packaging.
10		(8) Illinois owner (5 points). : The applicant is 51%
11		or more owned and controlled by an Illinois resident, who
12		can prove residency in each of the past 5 years with tax
13		records or 2 of the following:
14		(A) a signed lease agreement that includes the
15		applicant's name;
16		(B) a property deed that includes the applicant's
17		name;
18		(C) school records;
19		(D) a voter registration card;
20		(E) an Illinois driver's license, an Illinois
21		Identification Card, or an Illinois Person with a
22		Disability Identification Card;
23		(F) a paycheck stub;
24		(G) a utility bill; or
25		(H) any other proof of residency or other
26		information necessary to establish residence as

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1		provided by rule.
2		(9) Status as veteran (5 points). : The applicant is
3		51% or more controlled and owned by an individual or
4		individuals who meet the qualifications of a veteran as
5		defined by Section 45-57 of the Illinois Procurement Code.
6		(10) A diversity plan (5 points). The plan : that
7		includes a narrative of not more than 2,500 words that
8		establishes a goal of diversity in ownership, management,
9		employment, and contracting to ensure that diverse
10		participants and groups are afforded equality of
11		opportunity.
12		(d) The Department may also award up to 2 bonus points for
13		a plan to engage with the community. The applicant may
14		demonstrate a desire to engage with its community by
15		participating in one or more of, but not limited to, the
16		following actions: (i) establishment of an incubator program
17		designed to increase participation in the cannabis industry by
18		persons who would qualify as Social Equity Applicants; (ii)
19		providing financial assistance to substance abuse treatment
20		centers; (iii) educating children and teens about the
21		potential harms of cannabis use; or (iv) other measures
22		demonstrating a commitment to the applicant's community. Bonus
23		points will only be awarded if the Department receives
24		applications that receive an equal score for a particular
25		region.
26		(e) The Department may verify information contained in

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1		each application and accompanying documentation to assess the
2		applicant's veracity and fitness to operate a dispensing
3		organization.
4		(f) The Department may, in its discretion, refuse to issue
5		an authorization to any applicant:
6		(1) Who is unqualified to perform the duties required
7		of the applicant;
8		(2) Who fails to disclose or states falsely any
9		information called for in the application;
10		(3) Who has been found guilty of a violation of this
11		Act, who has had any disciplinary order entered against it
12		by the Department, who has entered into a disciplinary or
13		nondisciplinary agreement with the Department, or whose
14		medical cannabis dispensing organization, medical cannabis
15		cultivation organization, or Early Approval Adult Use
16		Dispensing Organization License, or Early Approval Adult
17		Use Dispensing Organization License at a secondary site,
18		or Early Approval Cultivation Center License was
19		suspended, restricted, revoked, or denied for just cause,
20		or the applicant's cannabis business establishment license
21		was suspended, restricted, revoked, or denied in any other
22		state; or
23		(4) Who has engaged in a pattern or practice of unfair
24		or illegal practices, methods, or activities in the
25		conduct of owning a cannabis business establishment or
26		other business.

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1		(g) The Department shall deny the license if any principal
2		officer, board member, or person having a financial or voting
3		interest of 5% or greater in the licensee is delinquent in
4		filing any required tax returns or paying any amounts owed to
5		the State of Illinois.
6		(h) The Department shall verify an applicant's compliance
7		with the requirements of this Article and rules before issuing
8		a dispensing organization license.
9		(i) Should the applicant be awarded a license, the
10		information and plans provided in the application, including
11		any plans submitted for bonus points, shall become a condition
12		of the Conditional Adult Use Dispensing Organization Licenses
13		and any Adult Use Dispensing Organization License issued to
14		the holder of the Conditional Adult Use Dispensing
15		Organization License, except as otherwise provided by this Act
16		or rule. Dispensing organizations have a duty to disclose any
17		material changes to the application. The Department shall
18		review all material changes disclosed by the dispensing
19		organization, and may re-evaluate its prior decision regarding
20		the awarding of a license, including, but not limited to,
21		suspending or permanently revoking a license. Failure to
22		comply with the conditions or requirements in the application
23		may subject the dispensing organization to discipline, up to
24		and including suspension or permanent revocation of its
25		authorization or license by the Department.
26		(j) If an applicant has not begun operating as a

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1		dispensing organization within one year of the issuance of the
2		Conditional Adult Use Dispensing Organization License, the
3		Department may permanently revoke the Conditional Adult Use
4		Dispensing Organization License and award it to the next
5		highest scoring applicant in the BLS Region if a suitable
6		applicant indicates a continued interest in the license or
7		begin a new selection process to award a Conditional Adult Use
8		Dispensing Organization License.
9		(k) The Department shall deny an application if granting
10		that application would result in a single person or entity
11		having a direct or indirect financial interest in more than 10
12		Early Approval Adult Use Dispensing Organization Licenses,
13		Conditional Adult Use Dispensing Organization Licenses, or
14		Adult Use Dispensing Organization Licenses. Any entity that is
15		awarded a license that results in a single person or entity
16		having a direct or indirect financial interest in more than 10
17		licenses shall forfeit the most recently issued license and
18		suffer a penalty to be determined by the Department, unless
19		the entity declines the license at the time it is awarded.
20		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
21		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
22		10-13-21.)
23		(410 ILCS 705/15-40)
24		Sec. 15-40. Dispensing organization agent identification
25		card; agent training.

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1		(a) The Department shall:
2		(1) verify the information contained in an application
3		or renewal for a dispensing organization agent
4		identification card submitted under this Article, and
5		approve or deny an application or renewal, within 30 days
6		of receiving a completed application or renewal
7		application and all supporting documentation required by
8		rule;
9		(2) issue a dispensing organization agent
10		identification card to a qualifying agent within 15
11		business days of approving the application or renewal;
12		(3) enter the registry identification number of the
13		dispensing organization where the agent works;
14		(4) within one year from the effective date of this
15		Act, allow for an electronic application process and
16		provide a confirmation by electronic or other methods that
17		an application has been submitted; and
18		(5) collect a $100 nonrefundable fee from the
19		applicant to be deposited into the Cannabis Regulation
20		Fund.
21		(b) A dispensing organization agent must keep his or her
22		identification card visible at all times when in the
23		dispensary.
24		(c) The dispensing organization agent identification cards
25		shall contain the following:
26		(1) the name of the cardholder;

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1		(2) the date of issuance and expiration date of the
2		dispensing organization agent identification cards;
3		(3) a random 10-digit alphanumeric identification
4		number containing at least 4 numbers and at least 4
5		letters that is unique to the cardholder; and
6		(4) a photograph of the cardholder.
7		(d) The dispensing organization agent identification cards
8		shall be immediately returned to the dispensing organization
9		upon termination of employment.
10		(e) The Department shall not issue an agent identification
11		card if the applicant is delinquent in filing any required tax
12		returns or paying any amounts owed to the State of Illinois.
13		(f) Any card lost by a dispensing organization agent shall
14		be reported to the Illinois State Police and the Department
15		immediately upon discovery of the loss.
16		(g) An applicant shall be denied a dispensing organization
17		agent identification card renewal if he or she fails to
18		complete the training provided for in this Section.
19		(h) A dispensing organization agent shall only be required
20		to hold one card for the same employer regardless of what type
21		of dispensing organization license the employer holds.
22		(i) Cannabis retail sales training requirements.
23		(1) Within 90 days of September 1, 2019, or 90 days of
24		employment, whichever is later, all owners, managers,
25		employees, and agents involved in the handling or sale of
26		cannabis or cannabis-infused product employed by an adult

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1		use dispensing organization or medical cannabis dispensing
2		organization as defined in Section 10 of the Compassionate
3		Use of Medical Cannabis Program Act shall attend and
4		successfully complete a Responsible Vendor Program.
5		(2) Each owner, manager, employee, and agent of an
6		adult use dispensing organization or medical cannabis
7		dispensing organization shall successfully complete the
8		program annually.
9		(3) Responsible Vendor Program Training modules shall
10		include at least 2 hours of instruction time approved by
11		the Department including:
12		(i) Health and safety concerns of cannabis use,
13		including the responsible use of cannabis, its
14		physical effects, onset of physiological effects,
15		recognizing signs of impairment, and appropriate
16		responses in the event of overconsumption.
17		(ii) Training on laws and regulations on driving
18		while under the influence and operating a watercraft
19		or snowmobile while under the influence.
20		(iii) Sales to minors prohibition. Training shall
21		cover all relevant Illinois laws and rules.
22		(iv) Quantity limitations on sales to purchasers.
23		Training shall cover all relevant Illinois laws and
24		rules.
25		(v) Acceptable forms of identification. Training
26		shall include:

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1		(I) How to check identification; and
2		(II) Common mistakes made in verification;
3		(vi) Safe storage of cannabis;
4		(vii) Compliance with all inventory tracking
5		system regulations;
6		(viii) Waste handling, management, and disposal;
7		(ix) Health and safety standards;
8		(x) Maintenance of records;
9		(xi) Security and surveillance requirements;
10		(xii) Permitting inspections by State and local
11		licensing and enforcement authorities;
12		(xiii) Privacy issues;
13		(xiv) Packaging and labeling requirement for sales
14		to purchasers; and
15		(xv) Other areas as determined by rule.
16		(j) Blank.
17		(k) Upon the successful completion of the Responsible
18		Vendor Program, the provider shall deliver proof of completion
19		either through mail or electronic communication to the
20		dispensing organization, which shall retain a copy of the
21		certificate.
22		(l) The license of a dispensing organization or medical
23		cannabis dispensing organization whose owners, managers,
24		employees, or agents fail to comply with this Section may be
25		suspended or permanently revoked under Section 15-145 or may
26		face other disciplinary action.

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1		(m) The regulation of dispensing organization and medical
2		cannabis dispensing employer and employee training is an
3		exclusive function of the State, and regulation by a unit of
4		local government, including a home rule unit, is prohibited.
5		This subsection (m) is a denial and limitation of home rule
6		powers and functions under subsection (h) of Section 6 of
7		Article VII of the Illinois Constitution.
8		(n) Persons seeking Department approval to offer the
9		training required by paragraph (3) of subsection (i) may apply
10		for such approval between August 1 and August 15 of each
11		odd-numbered year in a manner prescribed by the Department.
12		(o) Persons seeking Department approval to offer the
13		training required by paragraph (3) of subsection (i) shall
14		submit a nonrefundable application fee of $2,000 to be
15		deposited into the Cannabis Regulation Fund or a fee as may be
16		set by rule. Any changes made to the training module shall be
17		approved by the Department.
18		(p) The Department shall not unreasonably deny approval of
19		a training module that meets all the requirements of paragraph
20		(3) of subsection (i). A denial of approval shall include a
21		detailed description of the reasons for the denial.
22		(q) Any person approved to provide the training required
23		by paragraph (3) of subsection (i) shall submit an application
24		for re-approval between August 1 and August 15 of each
25		odd-numbered year and include a nonrefundable application fee
26		of $2,000 to be deposited into the Cannabis Regulation Fund or

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1		a fee as may be set by rule.
2		(r) All persons applying to become or renewing their
3		registrations to be agents, including agents-in-charge and
4		principal officers, shall disclose any disciplinary action
5		taken against them that may have occurred in Illinois, another
6		state, or another country in relation to their employment at a
7		cannabis business establishment or at any cannabis cultivation
8		center, processor, infuser, dispensary, or other cannabis
9		business establishment.
10		(s) An agent applicant may begin employment at a
11		dispensing organization while the agent applicant's
12		identification card application is pending. Upon approval, the
13		Department shall issue the agent's identification card to the
14		agent. If denied, the dispensing organization and the agent
15		applicant shall be notified and the agent applicant must cease
16		all activity at the dispensing organization immediately.
17		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
18		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
19		10-12-21.)
20		(410 ILCS 705/15-135)
21		Sec. 15-135. Investigations.
22		(a) Dispensing organizations are subject to random and
23		unannounced dispensary inspections and cannabis testing by the
24		Department, the Illinois State Police, local law enforcement,
25		or as provided by rule.

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1		(b) The Department and its authorized representatives may
2		enter any place, including a vehicle, in which cannabis is
3		held, stored, dispensed, sold, produced, delivered,
4		transported, manufactured, or disposed of and inspect, in a
5		reasonable manner, the place and all pertinent equipment,
6		containers and labeling, and all things including records,
7		files, financial data, sales data, shipping data, pricing
8		data, personnel data, research, papers, processes, controls,
9		and facility, and inventory any stock of cannabis and obtain
10		samples of any cannabis or cannabis-infused product, any
11		labels or containers for cannabis, or paraphernalia.
12		(c) The Department may conduct an investigation of an
13		applicant, application, dispensing organization, principal
14		officer, dispensary agent, third party vendor, or any other
15		party associated with a dispensing organization for an alleged
16		violation of this Act or rules or to determine qualifications
17		to be granted a registration by the Department.
18		(d) The Department may require an applicant or holder of
19		any license issued pursuant to this Article to produce
20		documents, records, or any other material pertinent to the
21		investigation of an application or alleged violations of this
22		Act or rules. Failure to provide the required material may be
23		grounds for denial or discipline.
24		(e) Every person charged with preparation, obtaining, or
25		keeping records, logs, reports, or other documents in
26		connection with this Act and rules and every person in charge,

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1		or having custody, of those documents shall, upon request by
2		the Department, make the documents immediately available for
3		inspection and copying by the Department, the Department's
4		authorized representative, or others authorized by law to
5		review the documents.
6		(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
7		102-538, eff. 8-20-21; revised 10-12-21.)
8		(410 ILCS 705/20-30)
9		Sec. 20-30. Cultivation center requirements; prohibitions.
10		(a) The operating documents of a cultivation center shall
11		include procedures for the oversight of the cultivation
12		center, a cannabis plant monitoring system including a
13		physical inventory recorded weekly, accurate recordkeeping,
14		and a staffing plan.
15		(b) A cultivation center shall implement a security plan
16		reviewed by the Illinois State Police that includes, but is
17		not limited to: facility access controls, perimeter intrusion
18		detection systems, personnel identification systems, 24-hour
19		surveillance system to monitor the interior and exterior of
20		the cultivation center facility and accessibility to
21		authorized law enforcement, the Department of Public Health
22		where processing takes place, and the Department of
23		Agriculture in real time.
24		(c) All cultivation of cannabis by a cultivation center
25		must take place in an enclosed, locked facility at the

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1		physical address provided to the Department of Agriculture
2		during the licensing process. The cultivation center location
3		shall only be accessed by the agents working for the
4		cultivation center, the Department of Agriculture staff
5		performing inspections, the Department of Public Health staff
6		performing inspections, local and State law enforcement or
7		other emergency personnel, contractors working on jobs
8		unrelated to cannabis, such as installing or maintaining
9		security devices or performing electrical wiring, transporting
10		organization agents as provided in this Act, individuals in a
11		mentoring or educational program approved by the State, or
12		other individuals as provided by rule.
13		(d) A cultivation center may not sell or distribute any
14		cannabis or cannabis-infused products to any person other than
15		a dispensing organization, craft grower, infuser organization,
16		transporter, or as otherwise authorized by rule.
17		(e) A cultivation center may not either directly or
18		indirectly discriminate in price between different dispensing
19		organizations, craft growers, or infuser organizations that
20		are purchasing a like grade, strain, brand, and quality of
21		cannabis or cannabis-infused product. Nothing in this
22		subsection (e) prevents a cultivation center from pricing
23		cannabis differently based on differences in the cost of
24		manufacturing or processing, the quantities sold, such as
25		volume discounts, or the way the products are delivered.
26		(f) All cannabis harvested by a cultivation center and

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1		intended for distribution to a dispensing organization must be
2		entered into a data collection system, packaged and labeled
3		under Section 55-21, and placed into a cannabis container for
4		transport. All cannabis harvested by a cultivation center and
5		intended for distribution to a craft grower or infuser
6		organization must be packaged in a labeled cannabis container
7		and entered into a data collection system before transport.
8		(g) Cultivation centers are subject to random inspections
9		by the Department of Agriculture, the Department of Public
10		Health, local safety or health inspectors, the Illinois State
11		Police, or as provided by rule.
12		(h) A cultivation center agent shall notify local law
13		enforcement, the Illinois State Police, and the Department of
14		Agriculture within 24 hours of the discovery of any loss or
15		theft. Notification shall be made by phone or in person, or by
16		written or electronic communication.
17		(i) A cultivation center shall comply with all State and
18		any applicable federal rules and regulations regarding the use
19		of pesticides on cannabis plants.
20		(j) No person or entity shall hold any legal, equitable,
21		ownership, or beneficial interest, directly or indirectly, of
22		more than 3 cultivation centers licensed under this Article.
23		Further, no person or entity that is employed by, an agent of,
24		has a contract to receive payment in any form from a
25		cultivation center, is a principal officer of a cultivation
26		center, or entity controlled by or affiliated with a principal

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1		officer of a cultivation shall hold any legal, equitable,
2		ownership, or beneficial interest, directly or indirectly, in
3		a cultivation that would result in the person or entity owning
4		or controlling in combination with any cultivation center,
5		principal officer of a cultivation center, or entity
6		controlled or affiliated with a principal officer of a
7		cultivation center by which he, she, or it is employed, is an
8		agent of, or participates in the management of, more than 3
9		cultivation center licenses.
10		(k) A cultivation center may not contain more than 210,000
11		square feet of canopy space for plants in the flowering stage
12		for cultivation of adult use cannabis as provided in this Act.
13		(l) A cultivation center may process cannabis, cannabis
14		concentrates, and cannabis-infused products.
15		(m) Beginning July 1, 2020, a cultivation center shall not
16		transport cannabis or cannabis-infused products to a craft
17		grower, dispensing organization, infuser organization, or
18		laboratory licensed under this Act, unless it has obtained a
19		transporting organization license.
20		(n) It is unlawful for any person having a cultivation
21		center license or any officer, associate, member,
22		representative, or agent of such licensee to offer or deliver
23		money, or anything else of value, directly or indirectly to
24		any person having an Early Approval Adult Use Dispensing
25		Organization License, a Conditional Adult Use Dispensing
26		Organization License, an Adult Use Dispensing Organization

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1		License, or a medical cannabis dispensing organization license
2		issued under the Compassionate Use of Medical Cannabis Program
3		Act, or to any person connected with or in any way
4		representing, or to any member of the family of, such person
5		holding an Early Approval Adult Use Dispensing Organization
6		License, a Conditional Adult Use Dispensing Organization
7		License, an Adult Use Dispensing Organization License, or a
8		medical cannabis dispensing organization license issued under
9		the Compassionate Use of Medical Cannabis Program Act, or to
10		any stockholders in any corporation engaged in the retail sale
11		of cannabis, or to any officer, manager, agent, or
12		representative of the Early Approval Adult Use Dispensing
13		Organization License, a Conditional Adult Use Dispensing
14		Organization License, an Adult Use Dispensing Organization
15		License, or a medical cannabis dispensing organization license
16		issued under the Compassionate Use of Medical Cannabis Program
17		Act to obtain preferential placement within the dispensing
18		organization, including, without limitation, on shelves and in
19		display cases where purchasers can view products, or on the
20		dispensing organization's website.
21		(o) A cultivation center must comply with any other
22		requirements or prohibitions set by administrative rule of the
23		Department of Agriculture.
24		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
25		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 11-9-21.)

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1		(410 ILCS 705/25-30)
2		(Section scheduled to be repealed on July 1, 2026)
3		Sec. 25-30. Inspection rights.
4		(a) A licensee's enclosed, locked facilities are subject
5		to random inspections by the Department, the Illinois State
6		Police, or as provided by rule.
7		(b) Nothing in this Section shall be construed to give the
8		Department, the Illinois State Police, or any other entity
9		identified by rule under subsection (a) a right of inspection
10		or access to any location on the licensee's premises beyond
11		the facilities licensed under this Article.
12		(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
13		102-538, eff. 8-20-21; revised 10-21-21.)
14		(410 ILCS 705/25-35)
15		(Section scheduled to be repealed on July 1, 2026)
16		Sec. 25-35. Community College Cannabis Vocational Training
17		Pilot Program faculty participant agent identification card.
18		(a) The Department shall:
19		(1) establish by rule the information required in an
20		initial application or renewal application for an agent
21		identification card submitted under this Article and the
22		nonrefundable fee to accompany the initial application or
23		renewal application;
24		(2) verify the information contained in an initial
25		application or renewal application for an agent

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1		identification card submitted under this Article, and
2		approve or deny an application within 30 days of receiving
3		a completed initial application or renewal application and
4		all supporting documentation required by rule;
5		(3) issue an agent identification card to a qualifying
6		agent within 15 business days of approving the initial
7		application or renewal application;
8		(4) enter the license number of the community college
9		where the agent works; and
10		(5) allow for an electronic initial application and
11		renewal application process, and provide a confirmation by
12		electronic or other methods that an application has been
13		submitted. Each Department may by rule require prospective
14		agents to file their applications by electronic means and
15		to provide notices to the agents by electronic means.
16		(b) An agent must keep his or her identification card
17		visible at all times when in the enclosed, locked facility, or
18		facilities for which he or she is an agent.
19		(c) The agent identification cards shall contain the
20		following:
21		(1) the name of the cardholder;
22		(2) the date of issuance and expiration date of the
23		identification card;
24		(3) a random 10-digit alphanumeric identification
25		number containing at least 4 numbers and at least 4
26		letters that is unique to the holder;

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1		(4) a photograph of the cardholder; and
2		(5) the legal name of the community college employing
3		the agent.
4		(d) An agent identification card shall be immediately
5		returned to the community college of the agent upon
6		termination of his or her employment.
7		(e) Any agent identification card lost shall be reported
8		to the Illinois State Police and the Department of Agriculture
9		immediately upon discovery of the loss.
10		(f) An agent applicant may begin employment at a Community
11		College Cannabis Vocational Training Pilot Program while the
12		agent applicant's identification card application is pending.
13		Upon approval, the Department shall issue the agent's
14		identification card to the agent. If denied, the Community
15		College Cannabis Vocational Training Pilot Program and the
16		agent applicant shall be notified and the agent applicant must
17		cease all activity at the Community College Cannabis
18		Vocational Training Pilot Program immediately.
19		(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
20		102-538, eff. 8-20-21; revised 10-21-21.)
21		(410 ILCS 705/30-30)
22		Sec. 30-30. Craft grower requirements; prohibitions.
23		(a) The operating documents of a craft grower shall
24		include procedures for the oversight of the craft grower, a
25		cannabis plant monitoring system including a physical

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1		inventory recorded weekly, accurate recordkeeping, and a
2		staffing plan.
3		(b) A craft grower shall implement a security plan
4		reviewed by the Illinois State Police that includes, but is
5		not limited to: facility access controls, perimeter intrusion
6		detection systems, personnel identification systems, and a
7		24-hour surveillance system to monitor the interior and
8		exterior of the craft grower facility and that is accessible
9		to authorized law enforcement and the Department of
10		Agriculture in real time.
11		(c) All cultivation of cannabis by a craft grower must
12		take place in an enclosed, locked facility at the physical
13		address provided to the Department of Agriculture during the
14		licensing process. The craft grower location shall only be
15		accessed by the agents working for the craft grower, the
16		Department of Agriculture staff performing inspections, the
17		Department of Public Health staff performing inspections,
18		State and local law enforcement or other emergency personnel,
19		contractors working on jobs unrelated to cannabis, such as
20		installing or maintaining security devices or performing
21		electrical wiring, transporting organization agents as
22		provided in this Act, or participants in the incubator
23		program, individuals in a mentoring or educational program
24		approved by the State, or other individuals as provided by
25		rule. However, if a craft grower shares a premises with an
26		infuser or dispensing organization, agents from those other

HB5501 Engrossed - 1784 - LRB102 24698 AMC 33937 b
1		licensees may access the craft grower portion of the premises
2		if that is the location of common bathrooms, lunchrooms,
3		locker rooms, or other areas of the building where work or
4		cultivation of cannabis is not performed. At no time may an
5		infuser or dispensing organization agent perform work at a
6		craft grower without being a registered agent of the craft
7		grower.
8		(d) A craft grower may not sell or distribute any cannabis
9		to any person other than a cultivation center, a craft grower,
10		an infuser organization, a dispensing organization, or as
11		otherwise authorized by rule.
12		(e) A craft grower may not be located in an area zoned for
13		residential use.
14		(f) A craft grower may not either directly or indirectly
15		discriminate in price between different cannabis business
16		establishments that are purchasing a like grade, strain,
17		brand, and quality of cannabis or cannabis-infused product.
18		Nothing in this subsection (f) prevents a craft grower from
19		pricing cannabis differently based on differences in the cost
20		of manufacturing or processing, the quantities sold, such as
21		volume discounts, or the way the products are delivered.
22		(g) All cannabis harvested by a craft grower and intended
23		for distribution to a dispensing organization must be entered
24		into a data collection system, packaged and labeled under
25		Section 55-21, and, if distribution is to a dispensing
26		organization that does not share a premises with the

HB5501 Engrossed - 1785 - LRB102 24698 AMC 33937 b
1		dispensing organization receiving the cannabis, placed into a
2		cannabis container for transport. All cannabis harvested by a
3		craft grower and intended for distribution to a cultivation
4		center, to an infuser organization, or to a craft grower with
5		which it does not share a premises, must be packaged in a
6		labeled cannabis container and entered into a data collection
7		system before transport.
8		(h) Craft growers are subject to random inspections by the
9		Department of Agriculture, local safety or health inspectors,
10		the Illinois State Police, or as provided by rule.
11		(i) A craft grower agent shall notify local law
12		enforcement, the Illinois State Police, and the Department of
13		Agriculture within 24 hours of the discovery of any loss or
14		theft. Notification shall be made by phone, in person, or
15		written or electronic communication.
16		(j) A craft grower shall comply with all State and any
17		applicable federal rules and regulations regarding the use of
18		pesticides.
19		(k) A craft grower or craft grower agent shall not
20		transport cannabis or cannabis-infused products to any other
21		cannabis business establishment without a transport
22		organization license unless:
23		(i) If the craft grower is located in a county with a
24		population of 3,000,000 or more, the cannabis business
25		establishment receiving the cannabis is within 2,000 feet
26		of the property line of the craft grower;

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1		(ii) If the craft grower is located in a county with a
2		population of more than 700,000 but fewer than 3,000,000,
3		the cannabis business establishment receiving the cannabis
4		is within 2 miles of the craft grower; or
5		(iii) If the craft grower is located in a county with a
6		population of fewer than 700,000, the cannabis business
7		establishment receiving the cannabis is within 15 miles of
8		the craft grower.
9		(l) A craft grower may enter into a contract with a
10		transporting organization to transport cannabis to a
11		cultivation center, a craft grower, an infuser organization, a
12		dispensing organization, or a laboratory.
13		(m) No person or entity shall hold any legal, equitable,
14		ownership, or beneficial interest, directly or indirectly, of
15		more than 3 craft grower licenses. Further, no person or
16		entity that is employed by, an agent of, or has a contract to
17		receive payment from or participate in the management of a
18		craft grower, is a principal officer of a craft grower, or
19		entity controlled by or affiliated with a principal officer of
20		a craft grower shall hold any legal, equitable, ownership, or
21		beneficial interest, directly or indirectly, in a craft grower
22		license that would result in the person or entity owning or
23		controlling in combination with any craft grower, principal
24		officer of a craft grower, or entity controlled or affiliated
25		with a principal officer of a craft grower by which he, she, or
26		it is employed, is an agent of, or participates in the

HB5501 Engrossed - 1787 - LRB102 24698 AMC 33937 b
1		management of more than 3 craft grower licenses.
2		(n) It is unlawful for any person having a craft grower
3		license or any officer, associate, member, representative, or
4		agent of the licensee to offer or deliver money, or anything
5		else of value, directly or indirectly, to any person having an
6		Early Approval Adult Use Dispensing Organization License, a
7		Conditional Adult Use Dispensing Organization License, an
8		Adult Use Dispensing Organization License, or a medical
9		cannabis dispensing organization license issued under the
10		Compassionate Use of Medical Cannabis Program Act, or to any
11		person connected with or in any way representing, or to any
12		member of the family of, the person holding an Early Approval
13		Adult Use Dispensing Organization License, a Conditional Adult
14		Use Dispensing Organization License, an Adult Use Dispensing
15		Organization License, or a medical cannabis dispensing
16		organization license issued under the Compassionate Use of
17		Medical Cannabis Program Act, or to any stockholders in any
18		corporation engaged in the retail sale of cannabis, or to any
19		officer, manager, agent, or representative of the Early
20		Approval Adult Use Dispensing Organization License, a
21		Conditional Adult Use Dispensing Organization License, an
22		Adult Use Dispensing Organization License, or a medical
23		cannabis dispensing organization license issued under the
24		Compassionate Use of Medical Cannabis Program Act to obtain
25		preferential placement within the dispensing organization,
26		including, without limitation, on shelves and in display cases

HB5501 Engrossed - 1788 - LRB102 24698 AMC 33937 b
1		where purchasers can view products, or on the dispensing
2		organization's website.
3		(o) A craft grower shall not be located within 1,500 feet
4		of another craft grower or a cultivation center.
5		(p) A craft grower may process cannabis, cannabis
6		concentrates, and cannabis-infused products.
7		(q) A craft grower must comply with any other requirements
8		or prohibitions set by administrative rule of the Department
9		of Agriculture.
10		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
11		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
12		10-21-21.)
13		(410 ILCS 705/35-25)
14		Sec. 35-25. Infuser organization requirements;
15		prohibitions.
16		(a) The operating documents of an infuser shall include
17		procedures for the oversight of the infuser, an inventory
18		monitoring system including a physical inventory recorded
19		weekly, accurate recordkeeping, and a staffing plan.
20		(b) An infuser shall implement a security plan reviewed by
21		the Illinois State Police that includes, but is not limited
22		to: facility access controls, perimeter intrusion detection
23		systems, personnel identification systems, and a 24-hour
24		surveillance system to monitor the interior and exterior of
25		the infuser facility and that is accessible to authorized law

HB5501 Engrossed - 1789 - LRB102 24698 AMC 33937 b
1		enforcement, the Department of Public Health, and the
2		Department of Agriculture in real time.
3		(c) All processing of cannabis by an infuser must take
4		place in an enclosed, locked facility at the physical address
5		provided to the Department of Agriculture during the licensing
6		process. The infuser location shall only be accessed by the
7		agents working for the infuser, the Department of Agriculture
8		staff performing inspections, the Department of Public Health
9		staff performing inspections, State and local law enforcement
10		or other emergency personnel, contractors working on jobs
11		unrelated to cannabis, such as installing or maintaining
12		security devices or performing electrical wiring, transporting
13		organization agents as provided in this Act, participants in
14		the incubator program, individuals in a mentoring or
15		educational program approved by the State, local safety or
16		health inspectors, or other individuals as provided by rule.
17		However, if an infuser shares a premises with a craft grower or
18		dispensing organization, agents from these other licensees may
19		access the infuser portion of the premises if that is the
20		location of common bathrooms, lunchrooms, locker rooms, or
21		other areas of the building where processing of cannabis is
22		not performed. At no time may a craft grower or dispensing
23		organization agent perform work at an infuser without being a
24		registered agent of the infuser.
25		(d) An infuser may not sell or distribute any cannabis to
26		any person other than a dispensing organization, or as

HB5501 Engrossed - 1790 - LRB102 24698 AMC 33937 b
1		otherwise authorized by rule.
2		(e) An infuser may not either directly or indirectly
3		discriminate in price between different cannabis business
4		establishments that are purchasing a like grade, strain,
5		brand, and quality of cannabis or cannabis-infused product.
6		Nothing in this subsection (e) prevents an infuser from
7		pricing cannabis differently based on differences in the cost
8		of manufacturing or processing, the quantities sold, such
9		volume discounts, or the way the products are delivered.
10		(f) All cannabis infused by an infuser and intended for
11		distribution to a dispensing organization must be entered into
12		a data collection system, packaged and labeled under Section
13		55-21, and, if distribution is to a dispensing organization
14		that does not share a premises with the infuser, placed into a
15		cannabis container for transport. All cannabis produced by an
16		infuser and intended for distribution to a cultivation center,
17		infuser organization, or craft grower with which it does not
18		share a premises, must be packaged in a labeled cannabis
19		container and entered into a data collection system before
20		transport.
21		(g) Infusers are subject to random inspections by the
22		Department of Agriculture, the Department of Public Health,
23		the Illinois State Police, local law enforcement, or as
24		provided by rule.
25		(h) An infuser agent shall notify local law enforcement,
26		the Illinois State Police, and the Department of Agriculture

HB5501 Engrossed - 1791 - LRB102 24698 AMC 33937 b
1		within 24 hours of the discovery of any loss or theft.
2		Notification shall be made by phone, in person, or by written
3		or electronic communication.
4		(i) An infuser organization may not be located in an area
5		zoned for residential use.
6		(j) An infuser or infuser agent shall not transport
7		cannabis or cannabis-infused products to any other cannabis
8		business establishment without a transport organization
9		license unless:
10		(i) If the infuser is located in a county with a
11		population of 3,000,000 or more, the cannabis business
12		establishment receiving the cannabis or cannabis-infused
13		product is within 2,000 feet of the property line of the
14		infuser;
15		(ii) If the infuser is located in a county with a
16		population of more than 700,000 but fewer than 3,000,000,
17		the cannabis business establishment receiving the cannabis
18		or cannabis-infused product is within 2 miles of the
19		infuser; or
20		(iii) If the infuser is located in a county with a
21		population of fewer than 700,000, the cannabis business
22		establishment receiving the cannabis or cannabis-infused
23		product is within 15 miles of the infuser.
24		(k) An infuser may enter into a contract with a
25		transporting organization to transport cannabis to a
26		dispensing organization or a laboratory.

HB5501 Engrossed - 1792 - LRB102 24698 AMC 33937 b
1		(l) An infuser organization may share premises with a
2		craft grower or a dispensing organization, or both, provided
3		each licensee stores currency and cannabis or cannabis-infused
4		products in a separate secured vault to which the other
5		licensee does not have access or all licensees sharing a vault
6		share more than 50% of the same ownership.
7		(m) It is unlawful for any person or entity having an
8		infuser organization license or any officer, associate,
9		member, representative or agent of such licensee to offer or
10		deliver money, or anything else of value, directly or
11		indirectly to any person having an Early Approval Adult Use
12		Dispensing Organization License, a Conditional Adult Use
13		Dispensing Organization License, an Adult Use Dispensing
14		Organization License, or a medical cannabis dispensing
15		organization license issued under the Compassionate Use of
16		Medical Cannabis Program Act, or to any person connected with
17		or in any way representing, or to any member of the family of,
18		such person holding an Early Approval Adult Use Dispensing
19		Organization License, a Conditional Adult Use Dispensing
20		Organization License, an Adult Use Dispensing Organization
21		License, or a medical cannabis dispensing organization license
22		issued under the Compassionate Use of Medical Cannabis Program
23		Act, or to any stockholders in any corporation engaged the
24		retail sales of cannabis, or to any officer, manager, agent,
25		or representative of the Early Approval Adult Use Dispensing
26		Organization License, a Conditional Adult Use Dispensing

HB5501 Engrossed - 1793 - LRB102 24698 AMC 33937 b
1		Organization License, an Adult Use Dispensing Organization
2		License, or a medical cannabis dispensing organization license
3		issued under the Compassionate Use of Medical Cannabis Program
4		Act to obtain preferential placement within the dispensing
5		organization, including, without limitation, on shelves and in
6		display cases where purchasers can view products, or on the
7		dispensing organization's website.
8		(n) At no time shall an infuser organization or an infuser
9		agent perform the extraction of cannabis concentrate from
10		cannabis flower.
11		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
12		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
13		10-14-21.)
14		(410 ILCS 705/35-30)
15		Sec. 35-30. Infuser agent identification card.
16		(a) The Department of Agriculture shall:
17		(1) establish by rule the information required in an
18		initial application or renewal application for an agent
19		identification card submitted under this Act and the
20		nonrefundable fee to accompany the initial application or
21		renewal application;
22		(2) verify the information contained in an initial
23		application or renewal application for an agent
24		identification card submitted under this Act, and approve
25		or deny an application within 30 days of receiving a

HB5501 Engrossed - 1794 - LRB102 24698 AMC 33937 b
1		completed initial application or renewal application and
2		all supporting documentation required by rule;
3		(3) issue an agent identification card to a qualifying
4		agent within 15 business days of approving the initial
5		application or renewal application;
6		(4) enter the license number of the infuser where the
7		agent works; and
8		(5) allow for an electronic initial application and
9		renewal application process, and provide a confirmation by
10		electronic or other methods that an application has been
11		submitted. The Department of Agriculture may by rule
12		require prospective agents to file their applications by
13		electronic means and provide notices to the agents by
14		electronic means.
15		(b) An agent must keep his or her identification card
16		visible at all times when on the property of a cannabis
17		business establishment including the cannabis business
18		establishment for which he or she is an agent.
19		(c) The agent identification cards shall contain the
20		following:
21		(1) the name of the cardholder;
22		(2) the date of issuance and expiration date of the
23		identification card;
24		(3) a random 10-digit alphanumeric identification
25		number containing at least 4 numbers and at least 4
26		letters that is unique to the holder;

HB5501 Engrossed - 1795 - LRB102 24698 AMC 33937 b
1		(4) a photograph of the cardholder; and
2		(5) the legal name of the infuser organization
3		employing the agent.
4		(d) An agent identification card shall be immediately
5		returned to the infuser organization of the agent upon
6		termination of his or her employment.
7		(e) Any agent identification card lost by a transporting
8		agent shall be reported to the Illinois State Police and the
9		Department of Agriculture immediately upon discovery of the
10		loss.
11		(f) An agent applicant may begin employment at an infuser
12		organization while the agent applicant's identification card
13		application is pending. Upon approval, the Department shall
14		issue the agent's identification card to the agent. If denied,
15		the infuser organization and the agent applicant shall be
16		notified and the agent applicant must cease all activity at
17		the infuser organization immediately.
18		(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
19		102-538, eff. 8-20-21; revised 10-14-21.)
20		(410 ILCS 705/40-25)
21		Sec. 40-25. Transporting organization requirements;
22		prohibitions.
23		(a) The operating documents of a transporting organization
24		shall include procedures for the oversight of the transporter,
25		an inventory monitoring system including a physical inventory

HB5501 Engrossed - 1796 - LRB102 24698 AMC 33937 b
1		recorded weekly, accurate recordkeeping, and a staffing plan.
2		(b) A transporting organization may not transport cannabis
3		or cannabis-infused products to any person other than a
4		cultivation center, a craft grower, an infuser organization, a
5		dispensing organization, a testing facility, or as otherwise
6		authorized by rule.
7		(c) All cannabis transported by a transporting
8		organization must be entered into a data collection system and
9		placed into a cannabis container for transport.
10		(d) Transporters are subject to random inspections by the
11		Department of Agriculture, the Department of Public Health,
12		the Illinois State Police, or as provided by rule.
13		(e) A transporting organization agent shall notify local
14		law enforcement, the Illinois State Police, and the Department
15		of Agriculture within 24 hours of the discovery of any loss or
16		theft. Notification shall be made by phone, in person, or by
17		written or electronic communication.
18		(f) No person under the age of 21 years shall be in a
19		commercial vehicle or trailer transporting cannabis goods.
20		(g) No person or individual who is not a transporting
21		organization agent shall be in a vehicle while transporting
22		cannabis goods.
23		(h) Transporters may not use commercial motor vehicles
24		with a weight rating of over 10,001 pounds.
25		(i) It is unlawful for any person to offer or deliver
26		money, or anything else of value, directly or indirectly, to

HB5501 Engrossed - 1797 - LRB102 24698 AMC 33937 b
1		any of the following persons to obtain preferential placement
2		within the dispensing organization, including, without
3		limitation, on shelves and in display cases where purchasers
4		can view products, or on the dispensing organization's
5		website:
6		(1) a person having a transporting organization
7		license, or any officer, associate, member,
8		representative, or agent of the licensee;
9		(2) a person having an Early Applicant Adult Use
10		Dispensing Organization License, an Adult Use Dispensing
11		Organization License, or a medical cannabis dispensing
12		organization license issued under the Compassionate Use of
13		Medical Cannabis Program Act;
14		(3) a person connected with or in any way
15		representing, or a member of the family of, a person
16		holding an Early Applicant Adult Use Dispensing
17		Organization License, an Adult Use Dispensing Organization
18		License, or a medical cannabis dispensing organization
19		license issued under the Compassionate Use of Medical
20		Cannabis Program Act; or
21		(4) a stockholder, officer, manager, agent, or
22		representative of a corporation engaged in the retail sale
23		of cannabis, an Early Applicant Adult Use Dispensing
24		Organization License, an Adult Use Dispensing Organization
25		License, or a medical cannabis dispensing organization
26		license issued under the Compassionate Use of Medical

HB5501 Engrossed - 1798 - LRB102 24698 AMC 33937 b
1		Cannabis Program Act.
2		(j) A transporting organization agent must keep his or her
3		identification card visible at all times when on the property
4		of a cannabis business establishment and during the
5		transporting of cannabis when acting under his or her duties
6		as a transportation organization agent. During these times,
7		the transporting organization agent must also provide the
8		identification card upon request of any law enforcement
9		officer engaged in his or her official duties.
10		(k) A copy of the transporting organization's registration
11		and a manifest for the delivery shall be present in any vehicle
12		transporting cannabis.
13		(l) Cannabis shall be transported so it is not visible or
14		recognizable from outside the vehicle.
15		(m) A vehicle transporting cannabis must not bear any
16		markings to indicate the vehicle contains cannabis or bear the
17		name or logo of the cannabis business establishment.
18		(n) Cannabis must be transported in an enclosed, locked
19		storage compartment that is secured or affixed to the vehicle.
20		(o) The Department of Agriculture may, by rule, impose any
21		other requirements or prohibitions on the transportation of
22		cannabis.
23		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
24		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
25		10-14-21.)

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1		(410 ILCS 705/40-30)
2		Sec. 40-30. Transporting agent identification card.
3		(a) The Department of Agriculture shall:
4		(1) establish by rule the information required in an
5		initial application or renewal application for an agent
6		identification card submitted under this Act and the
7		nonrefundable fee to accompany the initial application or
8		renewal application;
9		(2) verify the information contained in an initial
10		application or renewal application for an agent
11		identification card submitted under this Act and approve
12		or deny an application within 30 days of receiving a
13		completed initial application or renewal application and
14		all supporting documentation required by rule;
15		(3) issue an agent identification card to a qualifying
16		agent within 15 business days of approving the initial
17		application or renewal application;
18		(4) enter the license number of the transporting
19		organization where the agent works; and
20		(5) allow for an electronic initial application and
21		renewal application process, and provide a confirmation by
22		electronic or other methods that an application has been
23		submitted. The Department of Agriculture may by rule
24		require prospective agents to file their applications by
25		electronic means and provide notices to the agents by
26		electronic means.

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1		(b) An agent must keep his or her identification card
2		visible at all times when on the property of a cannabis
3		business establishment, including the cannabis business
4		establishment for which he or she is an agent.
5		(c) The agent identification cards shall contain the
6		following:
7		(1) the name of the cardholder;
8		(2) the date of issuance and expiration date of the
9		identification card;
10		(3) a random 10-digit alphanumeric identification
11		number containing at least 4 numbers and at least 4
12		letters that is unique to the holder;
13		(4) a photograph of the cardholder; and
14		(5) the legal name of the transporting organization
15		employing the agent.
16		(d) An agent identification card shall be immediately
17		returned to the transporting organization of the agent upon
18		termination of his or her employment.
19		(e) Any agent identification card lost by a transporting
20		agent shall be reported to the Illinois State Police and the
21		Department of Agriculture immediately upon discovery of the
22		loss.
23		(f) An application for an agent identification card shall
24		be denied if the applicant is delinquent in filing any
25		required tax returns or paying any amounts owed to the State of
26		Illinois.

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1		(g) An agent applicant may begin employment at a
2		transporting organization while the agent applicant's
3		identification card application is pending. Upon approval, the
4		Department shall issue the agent's identification card to the
5		agent. If denied, the transporting organization and the agent
6		applicant shall be notified and the agent applicant must cease
7		all activity at the transporting organization immediately.
8		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
9		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
10		10-14-21.)
11		(410 ILCS 705/55-30)
12		Sec. 55-30. Confidentiality.
13		(a) Information provided by the cannabis business
14		establishment licensees or applicants to the Department of
15		Agriculture, the Department of Public Health, the Department
16		of Financial and Professional Regulation, the Department of
17		Commerce and Economic Opportunity, or other agency shall be
18		limited to information necessary for the purposes of
19		administering this Act. The information is subject to the
20		provisions and limitations contained in the Freedom of
21		Information Act and may be disclosed in accordance with
22		Section 55-65.
23		(b) The following information received and records kept by
24		the Department of Agriculture, the Department of Public
25		Health, the Illinois State Police, and the Department of

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1		Financial and Professional Regulation for purposes of
2		administering this Article are subject to all applicable
3		federal privacy laws, are confidential and exempt from
4		disclosure under the Freedom of Information Act, except as
5		provided in this Act, and not subject to disclosure to any
6		individual or public or private entity, except to the
7		Department of Financial and Professional Regulation, the
8		Department of Agriculture, the Department of Public Health,
9		and the Illinois State Police as necessary to perform official
10		duties under this Article and to the Attorney General as
11		necessary to enforce the provisions of this Act. The following
12		information received and kept by the Department of Financial
13		and Professional Regulation or the Department of Agriculture
14		may be disclosed to the Department of Public Health, the
15		Department of Agriculture, the Department of Revenue, the
16		Illinois State Police, or the Attorney General upon proper
17		request:
18		(1) Applications and renewals, their contents, and
19		supporting information submitted by or on behalf of
20		dispensing organizations, cannabis business
21		establishments, or Community College Cannabis Vocational
22		Program licensees, in compliance with this Article,
23		including their physical addresses; however, this does not
24		preclude the release of ownership information about
25		cannabis business establishment licenses, or information
26		submitted with an application required to be disclosed

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1		pursuant to subsection (f);
2		(2) Any plans, procedures, policies, or other records
3		relating to cannabis business establishment security; and
4		(3) Information otherwise exempt from disclosure by
5		State or federal law.
6		Illinois or national criminal history record information,
7		or the nonexistence or lack of such information, may not be
8		disclosed by the Department of Financial and Professional
9		Regulation or the Department of Agriculture, except as
10		necessary to the Attorney General to enforce this Act.
11		(c) The name and address of a dispensing organization
12		licensed under this Act shall be subject to disclosure under
13		the Freedom of Information Act. The name and cannabis business
14		establishment address of the person or entity holding each
15		cannabis business establishment license shall be subject to
16		disclosure.
17		(d) All information collected by the Department of
18		Financial and Professional Regulation or the Department of
19		Agriculture in the course of an examination, inspection, or
20		investigation of a licensee or applicant, including, but not
21		limited to, any complaint against a licensee or applicant
22		filed with the Department of Financial and Professional
23		Regulation or the Department of Agriculture and information
24		collected to investigate any such complaint, shall be
25		maintained for the confidential use of the Department of
26		Financial and Professional Regulation or the Department of

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1		Agriculture and shall not be disclosed, except as otherwise
2		provided in this Act. A formal complaint against a licensee by
3		the Department of Financial and Professional Regulation or the
4		Department of Agriculture or any disciplinary order issued by
5		the Department of Financial and Professional Regulation or the
6		Department of Agriculture against a licensee or applicant
7		shall be a public record, except as otherwise provided by law.
8		Complaints from consumers or members of the general public
9		received regarding a specific, named licensee or complaints
10		regarding conduct by unlicensed entities shall be subject to
11		disclosure under the Freedom of Information Act.
12		(e) The Department of Agriculture, the Illinois State
13		Police, and the Department of Financial and Professional
14		Regulation shall not share or disclose any Illinois or
15		national criminal history record information, or the
16		nonexistence or lack of such information, to any person or
17		entity not expressly authorized by this Act.
18		(f) Each Department responsible for licensure under this
19		Act shall publish on the Department's website a list of the
20		ownership information of cannabis business establishment
21		licensees under the Department's jurisdiction. The list shall
22		include, but is not limited to: the name of the person or
23		entity holding each cannabis business establishment license;
24		and the address at which the entity is operating under this
25		Act. This list shall be published and updated monthly.
26		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;

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1		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
2		10-14-21.)
3		Section 545. The Environmental Protection Act is amended
4		by changing Sections 3.330, 17.12, 21, 22.15, 22.59, and 39 as
5		follows:
6		(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
7		Sec. 3.330. Pollution control facility.
8		(a) "Pollution control facility" is any waste storage
9		site, sanitary landfill, waste disposal site, waste transfer
10		station, waste treatment facility, or waste incinerator. This
11		includes sewers, sewage treatment plants, and any other
12		facilities owned or operated by sanitary districts organized
13		under the Metropolitan Water Reclamation District Act.
14		The following are not pollution control facilities:
15		(1) (blank);
16		(2) waste storage sites regulated under 40 CFR, Part
17		761.42;
18		(3) sites or facilities used by any person conducting
19		a waste storage, waste treatment, waste disposal, waste
20		transfer or waste incineration operation, or a combination
21		thereof, for wastes generated by such person's own
22		activities, when such wastes are stored, treated, disposed
23		of, transferred or incinerated within the site or facility
24		owned, controlled or operated by such person, or when such

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1		wastes are transported within or between sites or
2		facilities owned, controlled or operated by such person;
3		(4) sites or facilities at which the State is
4		performing removal or remedial action pursuant to Section
5		22.2 or 55.3;
6		(5) abandoned quarries used solely for the disposal of
7		concrete, earth materials, gravel, or aggregate debris
8		resulting from road construction activities conducted by a
9		unit of government or construction activities due to the
10		construction and installation of underground pipes, lines,
11		conduit or wires off of the premises of a public utility
12		company which are conducted by a public utility;
13		(6) sites or facilities used by any person to
14		specifically conduct a landscape composting operation;
15		(7) regional facilities as defined in the Central
16		Midwest Interstate Low-Level Radioactive Waste Compact;
17		(8) the portion of a site or facility where coal
18		combustion wastes are stored or disposed of in accordance
19		with subdivision (r)(2) or (r)(3) of Section 21;
20		(9) the portion of a site or facility used for the
21		collection, storage or processing of waste tires as
22		defined in Title XIV;
23		(10) the portion of a site or facility used for
24		treatment of petroleum contaminated materials by
25		application onto or incorporation into the soil surface
26		and any portion of that site or facility used for storage

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1		of petroleum contaminated materials before treatment. Only
2		those categories of petroleum listed in Section 57.9(a)(3)
3		are exempt under this subdivision (10);
4		(11) the portion of a site or facility where used oil
5		is collected or stored prior to shipment to a recycling or
6		energy recovery facility, provided that the used oil is
7		generated by households or commercial establishments, and
8		the site or facility is a recycling center or a business
9		where oil or gasoline is sold at retail;
10		(11.5) processing sites or facilities that receive
11		only on-specification used oil, as defined in 35 Ill. Adm.
12		Admin. Code 739, originating from used oil collectors for
13		processing that is managed under 35 Ill. Adm. Admin. Code
14		739 to produce products for sale to off-site petroleum
15		facilities, if these processing sites or facilities are:
16		(i) located within a home rule unit of local government
17		with a population of at least 30,000 according to the 2000
18		federal census, that home rule unit of local government
19		has been designated as an Urban Round II Empowerment Zone
20		by the United States Department of Housing and Urban
21		Development, and that home rule unit of local government
22		has enacted an ordinance approving the location of the
23		site or facility and provided funding for the site or
24		facility; and (ii) in compliance with all applicable
25		zoning requirements;
26		(12) the portion of a site or facility utilizing coal

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1		combustion waste for stabilization and treatment of only
2		waste generated on that site or facility when used in
3		connection with response actions pursuant to the federal
4		Comprehensive Environmental Response, Compensation, and
5		Liability Act of 1980, the federal Resource Conservation
6		and Recovery Act of 1976, or the Illinois Environmental
7		Protection Act or as authorized by the Agency;
8		(13) the portion of a site or facility regulated under
9		Section 22.38 of this Act;
10		(14) the portion of a site or facility, located within
11		a unit of local government that has enacted local zoning
12		requirements, used to accept, separate, and process
13		uncontaminated broken concrete, with or without protruding
14		metal bars, provided that the uncontaminated broken
15		concrete and metal bars are not speculatively accumulated,
16		are at the site or facility no longer than one year after
17		their acceptance, and are returned to the economic
18		mainstream in the form of raw materials or products;
19		(15) the portion of a site or facility located in a
20		county with a population over 3,000,000 that has obtained
21		local siting approval under Section 39.2 of this Act for a
22		municipal waste incinerator on or before July 1, 2005 and
23		that is used for a non-hazardous waste transfer station;
24		(16) a site or facility that temporarily holds in
25		transit for 10 days or less, non-putrescible solid waste
26		in original containers, no larger in capacity than 500

HB5501 Engrossed - 1809 - LRB102 24698 AMC 33937 b
1		gallons, provided that such waste is further transferred
2		to a recycling, disposal, treatment, or storage facility
3		on a non-contiguous site and provided such site or
4		facility complies with the applicable 10-day transfer
5		requirements of the federal Resource Conservation and
6		Recovery Act of 1976 and United States Department of
7		Transportation hazardous material requirements. For
8		purposes of this Section only, "non-putrescible solid
9		waste" means waste other than municipal garbage that does
10		not rot or become putrid, including, but not limited to,
11		paints, solvent, filters, and absorbents;
12		(17) the portion of a site or facility located in a
13		county with a population greater than 3,000,000 that has
14		obtained local siting approval, under Section 39.2 of this
15		Act, for a municipal waste incinerator on or before July
16		1, 2005 and that is used for wood combustion facilities
17		for energy recovery that accept and burn only wood
18		material, as included in a fuel specification approved by
19		the Agency;
20		(18) a transfer station used exclusively for landscape
21		waste, including a transfer station where landscape waste
22		is ground to reduce its volume, where the landscape waste
23		is held no longer than 24 hours from the time it was
24		received;
25		(19) the portion of a site or facility that (i) is used
26		for the composting of food scrap, livestock waste, crop

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1		residue, uncontaminated wood waste, or paper waste,
2		including, but not limited to, corrugated paper or
3		cardboard, and (ii) meets all of the following
4		requirements:
5		(A) There must not be more than a total of 30,000
6		cubic yards of livestock waste in raw form or in the
7		process of being composted at the site or facility at
8		any one time.
9		(B) All food scrap, livestock waste, crop residue,
10		uncontaminated wood waste, and paper waste must, by
11		the end of each operating day, be processed and placed
12		into an enclosed vessel in which air flow and
13		temperature are controlled, or all of the following
14		additional requirements must be met:
15		(i) The portion of the site or facility used
16		for the composting operation must include a
17		setback of at least 200 feet from the nearest
18		potable water supply well.
19		(ii) The portion of the site or facility used
20		for the composting operation must be located
21		outside the boundary of the 10-year floodplain or
22		floodproofed.
23		(iii) Except in municipalities with more than
24		1,000,000 inhabitants, the portion of the site or
25		facility used for the composting operation must be
26		located at least one-eighth of a mile from the

HB5501 Engrossed - 1811 - LRB102 24698 AMC 33937 b
1		nearest residence, other than a residence located
2		on the same property as the site or facility.
3		(iv) The portion of the site or facility used
4		for the composting operation must be located at
5		least one-eighth of a mile from the property line
6		of all of the following areas:
7		(I) Facilities that primarily serve to
8		house or treat people that are
9		immunocompromised or immunosuppressed, such as
10		cancer or AIDS patients; people with asthma,
11		cystic fibrosis, or bioaerosol allergies; or
12		children under the age of one year.
13		(II) Primary and secondary schools and
14		adjacent areas that the schools use for
15		recreation.
16		(III) Any facility for child care licensed
17		under Section 3 of the Child Care Act of 1969;
18		preschools; and adjacent areas that the
19		facilities or preschools use for recreation.
20		(v) By the end of each operating day, all food
21		scrap, livestock waste, crop residue,
22		uncontaminated wood waste, and paper waste must be
23		(i) processed into windrows or other piles and
24		(ii) covered in a manner that prevents scavenging
25		by birds and animals and that prevents other
26		nuisances.

HB5501 Engrossed - 1812 - LRB102 24698 AMC 33937 b
1		(C) Food scrap, livestock waste, crop residue,
2		uncontaminated wood waste, paper waste, and compost
3		must not be placed within 5 feet of the water table.
4		(D) The site or facility must meet all of the
5		requirements of the Wild and Scenic Rivers Act (16
6		U.S.C. 1271 et seq.).
7		(E) The site or facility must not (i) restrict the
8		flow of a 100-year flood, (ii) result in washout of
9		food scrap, livestock waste, crop residue,
10		uncontaminated wood waste, or paper waste from a
11		100-year flood, or (iii) reduce the temporary water
12		storage capacity of the 100-year floodplain, unless
13		measures are undertaken to provide alternative storage
14		capacity, such as by providing lagoons, holding tanks,
15		or drainage around structures at the facility.
16		(F) The site or facility must not be located in any
17		area where it may pose a threat of harm or destruction
18		to the features for which:
19		(i) an irreplaceable historic or
20		archaeological site has been listed under the
21		National Historic Preservation Act (16 U.S.C. 470
22		et seq.) or the Illinois Historic Preservation
23		Act;
24		(ii) a natural landmark has been designated by
25		the National Park Service or the Illinois State
26		Historic Preservation Office; or

HB5501 Engrossed - 1813 - LRB102 24698 AMC 33937 b
1		(iii) a natural area has been designated as a
2		Dedicated Illinois Nature Preserve under the
3		Illinois Natural Areas Preservation Act.
4		(G) The site or facility must not be located in an
5		area where it may jeopardize the continued existence
6		of any designated endangered species, result in the
7		destruction or adverse modification of the critical
8		habitat for such species, or cause or contribute to
9		the taking of any endangered or threatened species of
10		plant, fish, or wildlife listed under the Endangered
11		Species Act (16 U.S.C. 1531 et seq.) or the Illinois
12		Endangered Species Protection Act;
13		(20) the portion of a site or facility that is located
14		entirely within a home rule unit having a population of no
15		less than 120,000 and no more than 135,000, according to
16		the 2000 federal census, and that meets all of the
17		following requirements:
18		(i) the portion of the site or facility is used
19		exclusively to perform testing of a thermochemical
20		conversion technology using only woody biomass,
21		collected as landscape waste within the boundaries of
22		the home rule unit, as the hydrocarbon feedstock for
23		the production of synthetic gas in accordance with
24		Section 39.9 of this Act;
25		(ii) the portion of the site or facility is in
26		compliance with all applicable zoning requirements;

HB5501 Engrossed - 1814 - LRB102 24698 AMC 33937 b
1		and
2		(iii) a complete application for a demonstration
3		permit at the portion of the site or facility has been
4		submitted to the Agency in accordance with Section
5		39.9 of this Act within one year after July 27, 2010
6		(the effective date of Public Act 96-1314);
7		(21) the portion of a site or facility used to perform
8		limited testing of a gasification conversion technology in
9		accordance with Section 39.8 of this Act and for which a
10		complete permit application has been submitted to the
11		Agency prior to one year from April 9, 2010 (the effective
12		date of Public Act 96-887);
13		(22) the portion of a site or facility that is used to
14		incinerate only pharmaceuticals from residential sources
15		that are collected and transported by law enforcement
16		agencies under Section 17.9A of this Act;
17		(23) the portion of a site or facility:
18		(A) that is used exclusively for the transfer of
19		commingled landscape waste and food scrap held at the
20		site or facility for no longer than 24 hours after
21		their receipt;
22		(B) that is located entirely within a home rule
23		unit having a population of (i) not less than 100,000
24		and not more than 115,000 according to the 2010
25		federal census, (ii) not less than 5,000 and not more
26		than 10,000 according to the 2010 federal census, or

HB5501 Engrossed - 1815 - LRB102 24698 AMC 33937 b
1		(iii) not less than 25,000 and not more than 30,000
2		according to the 2010 federal census or that is
3		located in the unincorporated area of a county having
4		a population of not less than 700,000 and not more than
5		705,000 according to the 2010 federal census;
6		(C) that is permitted, by the Agency, prior to
7		January 1, 2002, for the transfer of landscape waste
8		if located in a home rule unit or that is permitted
9		prior to January 1, 2008 if located in an
10		unincorporated area of a county; and
11		(D) for which a permit application is submitted to
12		the Agency to modify an existing permit for the
13		transfer of landscape waste to also include, on a
14		demonstration basis not to exceed 24 months each time
15		a permit is issued, the transfer of commingled
16		landscape waste and food scrap or for which a permit
17		application is submitted to the Agency within 6 months
18		of August 11, 2017 (the effective date of Public Act
19		100-94) this amendatory Act of the 100th General
20		Assembly;
21		(24) the portion of a municipal solid waste landfill
22		unit:
23		(A) that is located in a county having a
24		population of not less than 55,000 and not more than
25		60,000 according to the 2010 federal census;
26		(B) that is owned by that county;

HB5501 Engrossed - 1816 - LRB102 24698 AMC 33937 b
1		(C) that is permitted, by the Agency, prior to
2		July 10, 2015 (the effective date of Public Act
3		99-12); and
4		(D) for which a permit application is submitted to
5		the Agency within 6 months after July 10, 2015 (the
6		effective date of Public Act 99-12) for the disposal
7		of non-hazardous special waste; and
8		(25) the portion of a site or facility used during a
9		mass animal mortality event, as defined in the Animal
10		Mortality Act, where such waste is collected, stored,
11		processed, disposed, or incinerated under a mass animal
12		mortality event plan issued by the Department of
13		Agriculture.
14		(b) A new pollution control facility is:
15		(1) a pollution control facility initially permitted
16		for development or construction after July 1, 1981; or
17		(2) the area of expansion beyond the boundary of a
18		currently permitted pollution control facility; or
19		(3) a permitted pollution control facility requesting
20		approval to store, dispose of, transfer or incinerate, for
21		the first time, any special or hazardous waste.
22		(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
23		revised 9-22-21.)
24		(415 ILCS 5/17.12)
25		Sec. 17.12. Lead service line replacement and

HB5501 Engrossed - 1817 - LRB102 24698 AMC 33937 b
1		notification.
2		(a) The purpose of this Act is to: (1) require the owners
3		and operators of community water supplies to develop,
4		implement, and maintain a comprehensive water service line
5		material inventory and a comprehensive lead service line
6		replacement plan, provide notice to occupants of potentially
7		affected buildings before any construction or repair work on
8		water mains or lead service lines, and request access to
9		potentially affected buildings before replacing lead service
10		lines; and (2) prohibit partial lead service line
11		replacements, except as authorized within this Section.
12		(b) The General Assembly finds and declares that:
13		(1) There is no safe level of exposure to heavy metal
14		lead, as found by the United States Environmental
15		Protection Agency and the Centers for Disease Control and
16		Prevention.
17		(2) Lead service lines can convey this harmful
18		substance to the drinking water supply.
19		(3) According to the Illinois Environmental Protection
20		Agency's 2018 Service Line Material Inventory, the State
21		of Illinois is estimated to have over 680,000 lead-based
22		service lines still in operation.
23		(4) The true number of lead service lines is not fully
24		known because Illinois lacks an adequate inventory of lead
25		service lines.
26		(5) For the general health, safety and welfare of its

HB5501 Engrossed - 1818 - LRB102 24698 AMC 33937 b
1		residents, all lead service lines in Illinois should be
2		disconnected from the drinking water supply, and the
3		State's drinking water supply.
4		(c) In this Section:
5		"Advisory Board" means the Lead Service Line Replacement
6		Advisory Board created under subsection (x).
7		"Community water supply" has the meaning ascribed to it in
8		Section 3.145 of this Act.
9		"Department" means the Department of Public Health.
10		"Emergency repair" means any unscheduled water main, water
11		service, or water valve repair or replacement that results
12		from failure or accident.
13		"Fund" means the Lead Service Line Replacement Fund
14		created under subsection (bb).
15		"Lead service line" means a service line made of lead or
16		service line connected to a lead pigtail, lead gooseneck, or
17		other lead fitting.
18		"Material inventory" means a water service line material
19		inventory developed by a community water supply under this
20		Act.
21		"Non-community Noncommunity water supply" has the meaning
22		ascribed to it in Section 3.145 of the Environmental
23		Protection Act.
24		"NSF/ANSI Standard" means a water treatment standard
25		developed by NSF International.
26		"Partial lead service line replacement" means replacement

HB5501 Engrossed - 1819 - LRB102 24698 AMC 33937 b
1		of only a portion of a lead service line.
2		"Potentially affected building" means any building that is
3		provided water service through a service line that is either a
4		lead service line or a suspected lead service line.
5		"Public water supply" has the meaning ascribed to it in
6		Section 3.365 of this Act.
7		"Service line" means the piping, tubing, and necessary
8		appurtenances acting as a conduit from the water main or
9		source of potable water supply to the building plumbing at the
10		first shut-off valve or 18 inches inside the building,
11		whichever is shorter.
12		"Suspected lead service line" means a service line that a
13		community water supply finds more likely than not to be made of
14		lead after completing the requirements under paragraphs (2)
15		through (5) of subsection (h).
16		"Small system" means a community water supply that
17		regularly serves water to 3,300 or fewer persons.
18		(d) An owner or operator of a community water supply
19		shall:
20		(1) develop an initial material inventory by April 15,
21		2022 and electronically submit by April 15, 2023 an
22		updated material inventory electronically to the Agency;
23		and
24		(2) deliver a complete material inventory to the
25		Agency no later than April 15, 2024, or such time as
26		required by federal law, whichever is sooner. The complete

HB5501 Engrossed - 1820 - LRB102 24698 AMC 33937 b
1		inventory shall report the composition of all service
2		lines in the community water supply's distribution system.
3		(e) The Agency shall review and approve the final material
4		inventory submitted to it under subsection (d).
5		(f) If a community water supply does not submit a complete
6		inventory to the Agency by April 15, 2024 under paragraph (2)
7		of subsection (d), the community water supply may apply for an
8		extension to the Agency no less than 3 months prior to the due
9		date. The Agency shall develop criteria for granting material
10		inventory extensions. When considering requests for extension,
11		the Agency shall, at a minimum, consider:
12		(1) the number of service connections in a water
13		supply; and
14		(2) the number of service lines of an unknown material
15		composition.
16		(g) A material inventory prepared for a community water
17		supply under subsection (d) shall identify:
18		(1) the total number of service lines connected to the
19		community water supply's distribution system;
20		(2) the materials of construction of each service line
21		connected to the community water supply's distribution
22		system;
23		(3) the number of suspected lead service lines that
24		were newly identified in the material inventory for the
25		community water supply after the community water supply
26		last submitted a service line inventory to the Agency; and

HB5501 Engrossed - 1821 - LRB102 24698 AMC 33937 b
1		(4) the number of suspected or known lead service
2		lines that were replaced after the community water supply
3		last submitted a service line inventory to the Agency, and
4		the material of the service line that replaced each lead
5		service line.
6		When identifying the materials of construction under
7		paragraph (2) of this subsection, the owner or operator of the
8		community water supply shall to the best of the owner's or
9		operator's ability identify the type of construction material
10		used on the customer's side of the curb box, meter, or other
11		line of demarcation and the community water supply's side of
12		the curb box, meter, or other line of demarcation.
13		(h) In completing a material inventory under subsection
14		(d), the owner or operator of a community water supply shall:
15		(1) prioritize inspections of high-risk areas
16		identified by the community water supply and inspections
17		of high-risk facilities, such as preschools, day care
18		centers, day care homes, group day care homes, parks,
19		playgrounds, hospitals, and clinics, and confirm service
20		line materials in those areas and at those facilities;
21		(2) review historical documentation, such as
22		construction logs or cards, as-built drawings, purchase
23		orders, and subdivision plans, to determine service line
24		material construction;
25		(3) when conducting distribution system maintenance,
26		visually inspect service lines and document materials of

HB5501 Engrossed - 1822 - LRB102 24698 AMC 33937 b
1		construction;
2		(4) identify any time period when the service lines
3		being connected to its distribution system were primarily
4		lead service lines, if such a time period is known or
5		suspected; and
6		(5) discuss service line repair and installation with
7		its employees, contractors, plumbers, other workers who
8		worked on service lines connected to its distribution
9		system, or all of the above.
10		(i) The owner or operator of each community water supply
11		shall maintain records of persons who refuse to grant access
12		to the interior of a building for purposes of identifying the
13		materials of construction of a service line. If a community
14		water supply has been denied access on the property or to the
15		interior of a building for that reason, then the community
16		water supply shall attempt to identify the service line as a
17		suspected lead service line, unless documentation is provided
18		showing otherwise.
19		(j) If a community water supply identifies a lead service
20		line connected to a building, the owner or operator of the
21		community water supply shall attempt to notify the owner of
22		the building and all occupants of the building of the
23		existence of the lead service line within 15 days after
24		identifying the lead service line, or as soon as is reasonably
25		possible thereafter. Individual written notice shall be given
26		according to the provisions of subsection (jj).

HB5501 Engrossed - 1823 - LRB102 24698 AMC 33937 b
1		(k) An owner or operator of a community water supply has no
2		duty to include in the material inventory required under
3		subsection (d) information about service lines that are
4		physically disconnected from a water main in its distribution
5		system.
6		(l) The owner or operator of each community water supply
7		shall post on its website a copy of the most recently submitted
8		material inventory or alternatively may request that the
9		Agency post a copy of that material inventory on the Agency's
10		website.
11		(m) Nothing in this Section shall be construed to require
12		service lines to be unearthed for the sole purpose of
13		inventorying.
14		(n) When an owner or operator of a community water supply
15		awards a contract under this Section, the owner or operator
16		shall make a good faith effort to use contractors and vendors
17		owned by minority persons, women, and persons with a
18		disability, as those terms are defined in Section 2 of the
19		Business Enterprise for Minorities, Women, and Persons with
20		Disabilities Act, for not less than 20% of the total
21		contracts, provided that:
22		(1) contracts representing at least 11% of the total
23		projects shall be awarded to minority-owned businesses, as
24		defined in Section 2 of the Business Enterprise for
25		Minorities, Women, and Persons with Disabilities Act;
26		(2) contracts representing at least 7% of the total

HB5501 Engrossed - 1824 - LRB102 24698 AMC 33937 b
1		projects shall be awarded to women-owned businesses, as
2		defined in Section 2 of the Business Enterprise for
3		Minorities, Women, and Persons with Disabilities Act; and
4		(3) contracts representing at least 2% of the total
5		projects shall be awarded to businesses owned by persons
6		with a disability.
7		Owners or operators of a community water supply are
8		encouraged to divide projects, whenever economically feasible,
9		into contracts of smaller size that ensure small business
10		contractors or vendors shall have the ability to qualify in
11		the applicable bidding process, when determining the ability
12		to deliver on a given contract based on scope and size, as a
13		responsible and responsive bidder.
14		When a contractor or vendor submits a bid or letter of
15		intent in response to a request for proposal or other bid
16		submission, the contractor or vendor shall include with its
17		responsive documents a utilization plan that shall address how
18		compliance with applicable good faith requirements set forth
19		in this subsection shall be addressed.
20		Under this subsection, "good faith effort" means a
21		community water supply has taken all necessary steps to comply
22		with the goals of this subsection by complying with the
23		following:
24		(1) Soliciting through reasonable and available means
25		the interest of a business, as defined in Section 2 of the
26		Business Enterprise for Minorities, Women, and Persons

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1		with Disabilities Act, that have the capability to perform
2		the work of the contract. The community water supply must
3		solicit this interest within sufficient time to allow
4		certified businesses to respond.
5		(2) Providing interested certified businesses with
6		adequate information about the plans, specifications, and
7		requirements of the contract, including addenda, in a
8		timely manner to assist them in responding to the
9		solicitation.
10		(3) Meeting in good faith with interested certified
11		businesses that have submitted bids.
12		(4) Effectively using the services of the State,
13		minority or women community organizations, minority or
14		women contractor groups, local, State, and federal
15		minority or women business assistance offices, and other
16		organizations to provide assistance in the recruitment and
17		placement of certified businesses.
18		(5) Making efforts to use appropriate forums for
19		purposes of advertising subcontracting opportunities
20		suitable for certified businesses.
21		The diversity goals defined in this subsection can be met
22		through direct award to diverse contractors and through the
23		use of diverse subcontractors and diverse vendors to
24		contracts.
25		(o) An owner or operator of a community water supply shall
26		collect data necessary to ensure compliance with subsection

HB5501 Engrossed - 1826 - LRB102 24698 AMC 33937 b
1		(n) no less than semi-annually and shall include progress
2		toward compliance of subsection (n) in the owner or operator's
3		report required under subsection (t-5). The report must
4		include data on vendor and employee diversity, including data
5		on the owner's or operator's implementation of subsection (n).
6		(p) Every owner or operator of a community water supply
7		that has known or suspected lead service lines shall:
8		(1) create a plan to:
9		(A) replace each lead service line connected to
10		its distribution system; and
11		(B) replace each galvanized service line connected
12		to its distribution system, if the galvanized service
13		line is or was connected downstream to lead piping;
14		and
15		(2) electronically submit, by April 15, 2024 its
16		initial lead service line replacement plan to the Agency;
17		(3) electronically submit by April 15 of each year
18		after 2024 until April 15, 2027 an updated lead service
19		line replacement plan to the Agency for review; the
20		updated replacement plan shall account for changes in the
21		number of lead service lines or unknown service lines in
22		the material inventory described in subsection (d);
23		(4) electronically submit by April 15, 2027 a complete
24		and final replacement plan to the Agency for approval; the
25		complete and final replacement plan shall account for all
26		known and suspected lead service lines documented in the

HB5501 Engrossed - 1827 - LRB102 24698 AMC 33937 b
1		final material inventory described under paragraph (3) of
2		subsection (d); and
3		(5) post on its website a copy of the plan most
4		recently submitted to the Agency or may request that the
5		Agency post a copy of that plan on the Agency's website.
6		(q) Each plan required under paragraph (1) of subsection
7		(p) shall include the following:
8		(1) the name and identification number of the
9		community water supply;
10		(2) the total number of service lines connected to the
11		distribution system of the community water supply;
12		(3) the total number of suspected lead service lines
13		connected to the distribution system of the community
14		water supply;
15		(4) the total number of known lead service lines
16		connected to the distribution system of the community
17		water supply;
18		(5) the total number of lead service lines connected
19		to the distribution system of the community water supply
20		that have been replaced each year beginning in 2020;
21		(6) a proposed lead service line replacement schedule
22		that includes one-year, 5-year, 10-year, 15-year, 20-year,
23		25-year, and 30-year goals;
24		(7) an analysis of costs and financing options for
25		replacing the lead service lines connected to the
26		community water supply's distribution system, which shall

HB5501 Engrossed - 1828 - LRB102 24698 AMC 33937 b
1		include, but shall not be limited to:
2		(A) a detailed accounting of costs associated with
3		replacing lead service lines and galvanized lines that
4		are or were connected downstream to lead piping;
5		(B) measures to address affordability and prevent
6		service shut-offs for customers or ratepayers; and
7		(C) consideration of different scenarios for
8		structuring payments between the utility and its
9		customers over time; and
10		(8) a plan for prioritizing high-risk facilities, such
11		as preschools, day care centers, day care homes, group day
12		care homes, parks, playgrounds, hospitals, and clinics, as
13		well as high-risk areas identified by the community water
14		supply;
15		(9) a map of the areas where lead service lines are
16		expected to be found and the sequence with which those
17		areas will be inventoried and lead service lines replaced;
18		(10) measures for how the community water supply will
19		inform the public of the plan and provide opportunity for
20		public comment; and
21		(11) measures to encourage diversity in hiring in the
22		workforce required to implement the plan as identified
23		under subsection (n).
24		(r) The Agency shall review final plans submitted to it
25		under subsection (p). The Agency shall approve a final plan if
26		the final plan includes all of the elements set forth under

HB5501 Engrossed - 1829 - LRB102 24698 AMC 33937 b
1		subsection (q) and the Agency determines that:
2		(1) the proposed lead service line replacement
3		schedule set forth in the plan aligns with the timeline
4		requirements set forth under subsection (v);
5		(2) the plan prioritizes the replacement of lead
6		service lines that provide water service to high-risk
7		facilities, such as preschools, day care centers, day care
8		homes, group day care homes, parks, playgrounds,
9		hospitals, and clinics, and high-risk areas identified by
10		the community water supply;
11		(3) the plan includes analysis of cost and financing
12		options; and
13		(4) the plan provides documentation of public review.
14		(s) An owner or operator of a community water supply has no
15		duty to include in the plans required under subsection (p)
16		information about service lines that are physically
17		disconnected from a water main in its distribution system.
18		(t) If a community water supply does not deliver a
19		complete plan to the Agency by April 15, 2027, the community
20		water supply may apply to the Agency for an extension no less
21		than 3 months prior to the due date. The Agency shall develop
22		criteria for granting plan extensions. When considering
23		requests for extension, the Agency shall, at a minimum,
24		consider:
25		(1) the number of service connections in a water
26		supply; and

HB5501 Engrossed - 1830 - LRB102 24698 AMC 33937 b
1		(2) the number of service lines of an unknown material
2		composition.
3		(t-5) After the Agency has approved the final replacement
4		plan described in subsection (p), the owner or operator of a
5		community water supply shall submit a report detailing
6		progress toward plan goals to the Agency for its review. The
7		report shall be submitted annually for the first 10 years, and
8		every 3 years thereafter until all lead service lines have
9		been replaced. Reports under this subsection shall be
10		published in the same manner described in subsection (l). The
11		report shall include at least the following information as it
12		pertains to the preceding reporting period:
13		(1) The number of lead service lines replaced and the
14		average cost of lead service line replacement.
15		(2) Progress toward meeting hiring requirements as
16		described in subsection (n) and subsection (o).
17		(3) The percent of customers electing a waiver
18		offered, as described in subsections (ii) and (jj), among
19		those customers receiving a request or notification to
20		perform a lead service line replacement.
21		(4) The method or methods used by the community water
22		supply to finance lead service line replacement.
23		(u) Notwithstanding any other provision of law, in order
24		to provide for costs associated with lead service line
25		remediation and replacement, the corporate authorities of a
26		municipality may, by ordinance or resolution by the corporate

HB5501 Engrossed - 1831 - LRB102 24698 AMC 33937 b
1		authorities, exercise authority provided in Section 27-5 et
2		seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
3		8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
4		11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
5		levied for this purpose shall be in addition to taxes for
6		general purposes authorized under Section 8-3-1 of the
7		Illinois Municipal Code and shall be included in the taxing
8		district's aggregate extension for the purposes of Division 5
9		of Article 18 of the Property Tax Code.
10		(v) Every owner or operator of a community water supply
11		shall replace all known lead service lines, subject to the
12		requirements of subsection (ff), according to the following
13		replacement rates and timelines to be calculated from the date
14		of submission of the final replacement plan to the Agency:
15		(1) A community water supply reporting 1,200 or fewer
16		lead service lines in its final inventory and replacement
17		plan shall replace all lead service lines, at an annual
18		rate of no less than 7% of the amount described in the
19		final inventory, with a timeline of up to 15 years for
20		completion.
21		(2) A community water supply reporting more than 1,200
22		but fewer than 5,000 lead service lines in its final
23		inventory and replacement plan shall replace all lead
24		service lines, at an annual rate of no less than 6% of the
25		amount described in the final inventory, with a timeline
26		of up to 17 years for completion.

HB5501 Engrossed - 1832 - LRB102 24698 AMC 33937 b
1		(3) A community water supply reporting more than 4,999
2		but fewer than 10,000 lead service lines in its final
3		inventory and replacement plan shall replace all lead
4		service lines, at an annual rate of no less than 5% of the
5		amount described in the final inventory, with a timeline
6		of up to 20 years for completion.
7		(4) A community water supply reporting more than 9,999
8		but fewer than 99,999 lead service lines in its final
9		inventory and replacement plan shall replace all lead
10		service lines, at an annual rate of no less than 3% of the
11		amount described in the final inventory, with a timeline
12		of up to 34 years for completion.
13		(5) A community water supply reporting more than
14		99,999 lead service lines in its final inventory and
15		replacement plan shall replace all lead service lines, at
16		an annual rate of no less than 2% of the amount described
17		in the final inventory, with a timeline of up to 50 years
18		for completion.
19		(w) A community water supply may apply to the Agency for an
20		extension to the replacement timelines described in paragraphs
21		(1) through (5) of subsection (v). The Agency shall develop
22		criteria for granting replacement timeline extensions. When
23		considering requests for timeline extensions, the Agency
24		shall, at a minimum, consider:
25		(1) the number of service connections in a water
26		supply; and

HB5501 Engrossed - 1833 - LRB102 24698 AMC 33937 b
1		(2) unusual circumstances creating hardship for a
2		community.
3		The Agency may grant one extension of additional time
4		equal to not more than 20% of the original replacement
5		timeline, except in situations of extreme hardship in which
6		the Agency may consider a second additional extension equal to
7		not more than 10% of the original replacement timeline.
8		Replacement rates and timelines shall be calculated from
9		the date of submission of the final plan to the Agency.
10		(x) The Lead Service Line Replacement Advisory Board is
11		created within the Agency. The Advisory Board shall convene
12		within 120 days after January 1, 2022 (the effective date of
13		Public Act 102-613) this amendatory Act of the 102nd General
14		Assembly.
15		The Advisory Board shall consist of at least 28 voting
16		members, as follows:
17		(1) the Director of the Agency, or his or her
18		designee, who shall serve as chairperson;
19		(2) the Director of Revenue, or his or her designee;
20		(3) the Director of Public Health, or his or her
21		designee;
22		(4) fifteen members appointed by the Agency as
23		follows:
24		(A) one member representing a statewide
25		organization of municipalities as authorized by
26		Section 1-8-1 of the Illinois Municipal Code;

HB5501 Engrossed - 1834 - LRB102 24698 AMC 33937 b
1		(B) two members who are mayors representing
2		municipalities located in any county south of the
3		southernmost county represented by one of the 10
4		largest municipalities in Illinois by population, or
5		their respective designees;
6		(C) two members who are representatives from
7		public health advocacy groups;
8		(D) two members who are representatives from
9		publicly-owned water utilities;
10		(E) one member who is a representative from a
11		public utility as defined under Section 3-105 of the
12		Public Utilities Act that provides water service in
13		the State of Illinois;
14		(F) one member who is a research professional
15		employed at an Illinois academic institution and
16		specializing in water infrastructure research;
17		(G) two members who are representatives from
18		nonprofit civic organizations;
19		(H) one member who is a representative from a
20		statewide organization representing environmental
21		organizations;
22		(I) two members who are representatives from
23		organized labor; and
24		(J) one member representing an environmental
25		justice organization; and
26		(5) ten members who are the mayors of the 10 largest

HB5501 Engrossed - 1835 - LRB102 24698 AMC 33937 b
1		municipalities in Illinois by population, or their
2		respective designees.
3		No less than 10 of the 28 voting members shall be persons
4		of color, and no less than 3 shall represent communities
5		defined or self-identified as environmental justice
6		communities.
7		Advisory Board members shall serve without compensation,
8		but may be reimbursed for necessary expenses incurred in the
9		performance of their duties from funds appropriated for that
10		purpose. The Agency shall provide administrative support to
11		the Advisory Board.
12		The Advisory Board shall meet no less than once every 6
13		months.
14		(y) The Advisory Board shall have, at a minimum, the
15		following duties:
16		(1) advising the Agency on best practices in lead
17		service line replacement;
18		(2) reviewing the progress of community water supplies
19		toward lead service line replacement goals;
20		(3) advising the Agency on other matters related to
21		the administration of the provisions of this Section;
22		(4) advising the Agency on the integration of existing
23		lead service line replacement plans with any statewide
24		plan; and
25		(5) providing technical support and practical
26		expertise in general.

HB5501 Engrossed - 1836 - LRB102 24698 AMC 33937 b
1		(z) Within 18 months after January 1, 2022 (the effective
2		date of Public Act 102-613) this amendatory Act of the 102nd
3		General Assembly, the Advisory Board shall deliver a report of
4		its recommendations to the Governor and the General Assembly
5		concerning opportunities for dedicated, long-term revenue
6		options for funding lead service line replacement. In
7		submitting recommendations, the Advisory Board shall consider,
8		at a minimum, the following:
9		(1) the sufficiency of various revenue sources to
10		adequately fund replacement of all lead service lines in
11		Illinois;
12		(2) the financial burden, if any, on households
13		falling below 150% of the federal poverty limit;
14		(3) revenue options that guarantee low-income
15		households are protected from rate increases;
16		(4) an assessment of the ability of community water
17		supplies to assess and collect revenue;
18		(5) variations in financial resources among individual
19		households within a service area; and
20		(6) the protection of low-income households from rate
21		increases.
22		(aa) Within 10 years after January 1, 2022 (the effective
23		date of Public Act 102-613) this amendatory Act of the 102nd
24		General Assembly, the Advisory Board shall prepare and deliver
25		a report to the Governor and General Assembly concerning the
26		status of all lead service line replacement within the State.

HB5501 Engrossed - 1837 - LRB102 24698 AMC 33937 b
1		(bb) The Lead Service Line Replacement Fund is created as
2		a special fund in the State treasury to be used by the Agency
3		for the purposes provided under this Section. The Fund shall
4		be used exclusively to finance and administer programs and
5		activities specified under this Section and listed under this
6		subsection.
7		The objective of the Fund is to finance activities
8		associated with identifying and replacing lead service lines,
9		build Agency capacity to oversee the provisions of this
10		Section, and provide related assistance for the activities
11		listed under this subsection.
12		The Agency shall be responsible for the administration of
13		the Fund and shall allocate moneys on the basis of priorities
14		established by the Agency through administrative rule. On July
15		1, 2022 and on July 1 of each year thereafter, the Agency shall
16		determine the available amount of resources in the Fund that
17		can be allocated to the activities identified under this
18		Section and shall allocate the moneys accordingly.
19		Notwithstanding any other law to the contrary, the Lead
20		Service Line Replacement Fund is not subject to sweeps,
21		administrative charge-backs, or any other fiscal maneuver that
22		would in any way transfer any amounts from the Lead Service
23		Line Replacement Fund into any other fund of the State.
24		(cc) Within one year after January 1, 2022 (the effective
25		date of Public Act 102-613) this amendatory Act of the 102
26		General Assembly, the Agency shall design rules for a program

HB5501 Engrossed - 1838 - LRB102 24698 AMC 33937 b
1		for the purpose of administering lead service line replacement
2		funds. The rules must, at minimum, contain:
3		(1) the process by which community water supplies may
4		apply for funding; and
5		(2) the criteria for determining unit of local
6		government eligibility and prioritization for funding,
7		including the prevalence of low-income households, as
8		measured by median household income, the prevalence of
9		lead service lines, and the prevalence of water samples
10		that demonstrate elevated levels of lead.
11		(dd) Funding under subsection (cc) shall be available for
12		costs directly attributable to the planning, design, or
13		construction directly related to the replacement of lead
14		service lines and restoration of property.
15		Funding shall not be used for the general operating
16		expenses of a municipality or community water supply.
17		(ee) An owner or operator of any community water supply
18		receiving grant funding under subsection (cc) shall bear the
19		entire expense of full lead service line replacement for all
20		lead service lines in the scope of the grant.
21		(ff) When replacing a lead service line, the owner or
22		operator of the community water supply shall replace the
23		service line in its entirety, including, but not limited to,
24		any portion of the service line (i) running on private
25		property and (ii) within the building's plumbing at the first
26		shut-off valve. Partial lead service line replacements are

HB5501 Engrossed - 1839 - LRB102 24698 AMC 33937 b
1		expressly prohibited. Exceptions shall be made under the
2		following circumstances:
3		(1) In the event of an emergency repair that affects a
4		lead service line or a suspected lead service line, a
5		community water supply must contact the building owner to
6		begin the process of replacing the entire service line. If
7		the building owner is not able to be contacted or the
8		building owner or occupant refuses to grant access and
9		permission to replace the entire service line at the time
10		of the emergency repair, then the community water supply
11		may perform a partial lead service line replacement. Where
12		an emergency repair on a service line constructed of lead
13		or galvanized steel pipe results in a partial service line
14		replacement, the water supply responsible for commencing
15		the repair shall perform the following:
16		(A) Notify the building's owner or operator and
17		the resident or residents served by the lead service
18		line in writing that a repair has been completed. The
19		notification shall include, at a minimum:
20		(i) a warning that the work may result in
21		sediment, possibly containing lead, in the
22		buildings water supply system;
23		(ii) information concerning practices for
24		preventing the consumption of any lead in drinking
25		water, including a recommendation to flush water
26		distribution pipe during and after the completion

HB5501 Engrossed - 1840 - LRB102 24698 AMC 33937 b
1		of the repair or replacement work and to clean
2		faucet aerator screens; and
3		(iii) information regarding the dangers of
4		lead to young children and pregnant women.
5		(B) Provide filters for at least one fixture
6		supplying potable water for consumption. The filter
7		must be certified by an accredited third-party
8		certification body to NSF/ANSI 53 and NSF/ANSI 42 for
9		the reduction of lead and particulate. The filter must
10		be provided until such time that the remaining
11		portions of the service line have been replaced with a
12		material approved by the Department or a waiver has
13		been issued under subsection (ii).
14		(C) Replace the remaining portion of the lead
15		service line within 30 days of the repair, or 120 days
16		in the event of weather or other circumstances beyond
17		reasonable control that prohibits construction. If a
18		complete lead service line replacement cannot be made
19		within the required period, the community water supply
20		responsible for commencing the repair shall notify the
21		Department in writing, at a minimum, of the following
22		within 24 hours of the repair:
23		(i) an explanation of why it is not feasible
24		to replace the remaining portion of the lead
25		service line within the allotted time; and
26		(ii) a timeline for when the remaining portion

HB5501 Engrossed - 1841 - LRB102 24698 AMC 33937 b
1		of the lead service line will be replaced.
2		(D) If complete repair of a lead service line
3		cannot be completed due to denial by the property
4		owner, the community water supply commencing the
5		repair shall request the affected property owner to
6		sign a waiver developed by the Department. If a
7		property owner of a nonresidential building or
8		residence operating as rental properties denies a
9		complete lead service line replacement, the property
10		owner shall be responsible for installing and
11		maintaining point-of-use filters certified by an
12		accredited third-party certification body to NSF/ANSI
13		53 and NSF/ANSI 42 for the reduction of lead and
14		particulate at all fixtures intended to supply water
15		for the purposes of drinking, food preparation, or
16		making baby formula. The filters shall continue to be
17		supplied by the property owner until such time that
18		the property owner has affected the remaining portions
19		of the lead service line to be replaced.
20		(E) Document any remaining lead service line,
21		including a portion on the private side of the
22		property, in the community water supply's distribution
23		system materials inventory required under subsection
24		(d).
25		For the purposes of this paragraph (1), written notice
26		shall be provided in the method and according to the

HB5501 Engrossed - 1842 - LRB102 24698 AMC 33937 b
1		provisions of subsection (jj).
2		(2) Lead service lines that are physically
3		disconnected from the distribution system are exempt from
4		this subsection.
5		(gg) Except as provided in subsection (hh), on and after
6		January 1, 2022, when the owner or operator of a community
7		water supply replaces a water main, the community water supply
8		shall identify all lead service lines connected to the water
9		main and shall replace the lead service lines by:
10		(1) identifying the material or materials of each lead
11		service line connected to the water main, including, but
12		not limited to, any portion of the service line (i)
13		running on private property and (ii) within the building
14		plumbing at the first shut-off valve or 18 inches inside
15		the building, whichever is shorter;
16		(2) in conjunction with replacement of the water main,
17		replacing any and all portions of each lead service line
18		connected to the water main that are composed of lead; and
19		(3) if a property owner or customer refuses to grant
20		access to the property, following prescribed notice
21		provisions as outlined in subsection (ff).
22		If an owner of a potentially affected building intends to
23		replace a portion of a lead service line or a galvanized
24		service line and the galvanized service line is or was
25		connected downstream to lead piping, then the owner of the
26		potentially affected building shall provide the owner or

HB5501 Engrossed - 1843 - LRB102 24698 AMC 33937 b
1		operator of the community water supply with notice at least 45
2		days before commencing the work. In the case of an emergency
3		repair, the owner of the potentially affected building must
4		provide filters for each kitchen area that are certified by an
5		accredited third-party certification body to NSF/ANSI 53 and
6		NSF/ANSI 42 for the reduction of lead and particulate. If the
7		owner of the potentially affected building notifies the owner
8		or operator of the community water supply that replacement of
9		a portion of the lead service line after the emergency repair
10		is completed, then the owner or operator of the community
11		water supply shall replace the remainder of the lead service
12		line within 30 days after completion of the emergency repair.
13		A community water supply may take up to 120 days if necessary
14		due to weather conditions. If a replacement takes longer than
15		30 days, filters provided by the owner of the potentially
16		affected building must be replaced in accordance with the
17		manufacturer's recommendations. Partial lead service line
18		replacements by the owners of potentially affected buildings
19		are otherwise prohibited.
20		(hh) For municipalities with a population in excess of
21		1,000,000 inhabitants, the requirements of subsection (gg)
22		shall commence on January 1, 2023.
23		(ii) At least 45 days before conducting planned lead
24		service line replacement, the owner or operator of a community
25		water supply shall, by mail, attempt to contact the owner of
26		the potentially affected building serviced by the lead service

HB5501 Engrossed - 1844 - LRB102 24698 AMC 33937 b
1		line to request access to the building and permission to
2		replace the lead service line in accordance with the lead
3		service line replacement plan. If the owner of the potentially
4		affected building does not respond to the request within 15
5		days after the request is sent, the owner or operator of the
6		community water supply shall attempt to post the request on
7		the entrance of the potentially affected building.
8		If the owner or operator of a community water supply is
9		unable to obtain approval to access and replace a lead service
10		line, the owner or operator of the community water supply
11		shall request that the owner of the potentially affected
12		building sign a waiver. The waiver shall be developed by the
13		Department and should be made available in the owner's
14		language. If the owner of the potentially affected building
15		refuses to sign the waiver or fails to respond to the community
16		water supply after the community water supply has complied
17		with this subsection, then the community water supply shall
18		notify the Department in writing within 15 working days.
19		(jj) When replacing a lead service line or repairing or
20		replacing water mains with lead service lines or partial lead
21		service lines attached to them, the owner or operator of a
22		community water supply shall provide the owner of each
23		potentially affected building that is serviced by the affected
24		lead service lines or partial lead service lines, as well as
25		the occupants of those buildings, with an individual written
26		notice. The notice shall be delivered by mail or posted at the

HB5501 Engrossed - 1845 - LRB102 24698 AMC 33937 b
1		primary entranceway of the building. The notice may, in
2		addition, be electronically mailed. Written notice shall
3		include, at a minimum, the following:
4		(1) a warning that the work may result in sediment,
5		possibly containing lead from the service line, in the
6		building's water;
7		(2) information concerning the best practices for
8		preventing exposure to or risk of consumption of lead in
9		drinking water, including a recommendation to flush water
10		lines during and after the completion of the repair or
11		replacement work and to clean faucet aerator screens; and
12		(3) information regarding the dangers of lead exposure
13		to young children and pregnant women.
14		When the individual written notice described in the first
15		paragraph of this subsection is required as a result of
16		planned work other than the repair or replacement of a water
17		meter, the owner or operator of the community water supply
18		shall provide the notice not less than 14 days before work
19		begins. When the individual written notice described in the
20		first paragraph of this subsection is required as a result of
21		emergency repairs other than the repair or replacement of a
22		water meter, the owner or operator of the community water
23		supply shall provide the notice at the time the work is
24		initiated. When the individual written notice described in the
25		first paragraph of this subsection is required as a result of
26		the repair or replacement of a water meter, the owner or

HB5501 Engrossed - 1846 - LRB102 24698 AMC 33937 b
1		operator of the community water supply shall provide the
2		notice at the time the work is initiated.
3		The notifications required under this subsection must
4		contain the following statement in the Spanish, Polish,
5		Chinese, Tagalog, Arabic, Korean, German, Urdu, and Gujarati:
6		"This notice contains important information about your water
7		service and may affect your rights. We encourage you to have
8		this notice translated in full into a language you understand
9		and before you make any decisions that may be required under
10		this notice."
11		An owner or operator of a community water supply that is
12		required under this subsection to provide an individual
13		written notice to the owner and occupant of a potentially
14		affected building that is a multi-dwelling building may
15		satisfy that requirement and the requirements of this
16		subsection regarding notification to non-English speaking
17		customers by posting the required notice on the primary
18		entranceway of the building and at the location where the
19		occupant's mail is delivered as reasonably as possible.
20		When this subsection would require the owner or operator
21		of a community water supply to provide an individual written
22		notice to the entire community served by the community water
23		supply or would require the owner or operator of a community
24		water supply to provide individual written notices as a result
25		of emergency repairs or when the community water supply that
26		is required to comply with this subsection is a small system,

HB5501 Engrossed - 1847 - LRB102 24698 AMC 33937 b
1		the owner or operator of the community water supply may
2		provide the required notice through local media outlets,
3		social media, or other similar means in lieu of providing the
4		individual written notices otherwise required under this
5		subsection.
6		No notifications are required under this subsection for
7		work performed on water mains that are used to transmit
8		treated water between community water supplies and properties
9		that have no service connections.
10		(kk) No community water supply that sells water to any
11		wholesale or retail consecutive community water supply may
12		pass on any costs associated with compliance with this Section
13		to consecutive systems.
14		(ll) To the extent allowed by law, when a community water
15		supply replaces or installs a lead service line in a public
16		right-of-way or enters into an agreement with a private
17		contractor for replacement or installation of a lead service
18		line, the community water supply shall be held harmless for
19		all damage to property when replacing or installing the lead
20		service line. If dangers are encountered that prevent the
21		replacement of the lead service line, the community water
22		supply shall notify the Department within 15 working days of
23		why the replacement of the lead service line could not be
24		accomplished.
25		(mm) The Agency may propose to the Board, and the Board may
26		adopt, any rules necessary to implement and administer this

HB5501 Engrossed - 1848 - LRB102 24698 AMC 33937 b
1		Section. The Department may adopt rules necessary to address
2		lead service lines attached to non-community noncommunity
3		water supplies.
4		(nn) Notwithstanding any other provision in this Section,
5		no requirement in this Section shall be construed as being
6		less stringent than existing applicable federal requirements.
7		(oo) All lead service line replacements financed in whole
8		or in part with funds obtained under this Section shall be
9		considered public works for purposes of the Prevailing Wage
10		Act.
11		(Source: P.A. 102-613, eff. 1-1-22; revised 12-1-21.)
12		(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
13		Sec. 21. Prohibited acts. No person shall:
14		(a) Cause or allow the open dumping of any waste.
15		(b) Abandon, dump, or deposit any waste upon the public
16		highways or other public property, except in a sanitary
17		landfill approved by the Agency pursuant to regulations
18		adopted by the Board.
19		(c) Abandon any vehicle in violation of the "Abandoned
20		Vehicles Amendment to the Illinois Vehicle Code", as enacted
21		by the 76th General Assembly.
22		(d) Conduct any waste-storage, waste-treatment, or
23		waste-disposal operation:
24		(1) without a permit granted by the Agency or in
25		violation of any conditions imposed by such permit,

HB5501 Engrossed - 1849 - LRB102 24698 AMC 33937 b
1		including periodic reports and full access to adequate
2		records and the inspection of facilities, as may be
3		necessary to assure compliance with this Act and with
4		regulations and standards adopted thereunder; provided,
5		however, that, except for municipal solid waste landfill
6		units that receive waste on or after October 9, 1993, and
7		CCR surface impoundments, no permit shall be required for
8		(i) any person conducting a waste-storage,
9		waste-treatment, or waste-disposal operation for wastes
10		generated by such person's own activities which are
11		stored, treated, or disposed within the site where such
12		wastes are generated, (ii) until one year after the
13		effective date of rules adopted by the Board under
14		subsection (n) of Section 22.38, a facility located in a
15		county with a population over 700,000 as of January 1,
16		2000, operated and located in accordance with Section
17		22.38 of this Act, and used exclusively for the transfer,
18		storage, or treatment of general construction or
19		demolition debris, provided that the facility was
20		receiving construction or demolition debris on August 24,
21		2009 (the effective date of Public Act 96-611), or (iii)
22		any person conducting a waste transfer, storage,
23		treatment, or disposal operation, including, but not
24		limited to, a waste transfer or waste composting
25		operation, under a mass animal mortality event plan
26		created by the Department of Agriculture;

HB5501 Engrossed - 1850 - LRB102 24698 AMC 33937 b
1		(2) in violation of any regulations or standards
2		adopted by the Board under this Act;
3		(3) which receives waste after August 31, 1988, does
4		not have a permit issued by the Agency, and is (i) a
5		landfill used exclusively for the disposal of waste
6		generated at the site, (ii) a surface impoundment
7		receiving special waste not listed in an NPDES permit,
8		(iii) a waste pile in which the total volume of waste is
9		greater than 100 cubic yards or the waste is stored for
10		over one year, or (iv) a land treatment facility receiving
11		special waste generated at the site; without giving notice
12		of the operation to the Agency by January 1, 1989, or 30
13		days after the date on which the operation commences,
14		whichever is later, and every 3 years thereafter. The form
15		for such notification shall be specified by the Agency,
16		and shall be limited to information regarding: the name
17		and address of the location of the operation; the type of
18		operation; the types and amounts of waste stored, treated
19		or disposed of on an annual basis; the remaining capacity
20		of the operation; and the remaining expected life of the
21		operation.
22		Item (3) of this subsection (d) shall not apply to any
23		person engaged in agricultural activity who is disposing of a
24		substance that constitutes solid waste, if the substance was
25		acquired for use by that person on his own property, and the
26		substance is disposed of on his own property in accordance

HB5501 Engrossed - 1851 - LRB102 24698 AMC 33937 b
1		with regulations or standards adopted by the Board.
2		This subsection (d) shall not apply to hazardous waste.
3		(e) Dispose, treat, store or abandon any waste, or
4		transport any waste into this State for disposal, treatment,
5		storage or abandonment, except at a site or facility which
6		meets the requirements of this Act and of regulations and
7		standards thereunder.
8		(f) Conduct any hazardous waste-storage, hazardous
9		waste-treatment or hazardous waste-disposal operation:
10		(1) without a RCRA permit for the site issued by the
11		Agency under subsection (d) of Section 39 of this Act, or
12		in violation of any condition imposed by such permit,
13		including periodic reports and full access to adequate
14		records and the inspection of facilities, as may be
15		necessary to assure compliance with this Act and with
16		regulations and standards adopted thereunder; or
17		(2) in violation of any regulations or standards
18		adopted by the Board under this Act; or
19		(3) in violation of any RCRA permit filing requirement
20		established under standards adopted by the Board under
21		this Act; or
22		(4) in violation of any order adopted by the Board
23		under this Act.
24		Notwithstanding the above, no RCRA permit shall be
25		required under this subsection or subsection (d) of Section 39
26		of this Act for any person engaged in agricultural activity

HB5501 Engrossed - 1852 - LRB102 24698 AMC 33937 b
1		who is disposing of a substance which has been identified as a
2		hazardous waste, and which has been designated by Board
3		regulations as being subject to this exception, if the
4		substance was acquired for use by that person on his own
5		property and the substance is disposed of on his own property
6		in accordance with regulations or standards adopted by the
7		Board.
8		(g) Conduct any hazardous waste-transportation operation:
9		(1) without registering with and obtaining a special
10		waste hauling permit from the Agency in accordance with
11		the regulations adopted by the Board under this Act; or
12		(2) in violation of any regulations or standards
13		adopted by the Board under this Act.
14		(h) Conduct any hazardous waste-recycling or hazardous
15		waste-reclamation or hazardous waste-reuse operation in
16		violation of any regulations, standards or permit requirements
17		adopted by the Board under this Act.
18		(i) Conduct any process or engage in any act which
19		produces hazardous waste in violation of any regulations or
20		standards adopted by the Board under subsections (a) and (c)
21		of Section 22.4 of this Act.
22		(j) Conduct any special waste-transportation operation in
23		violation of any regulations, standards or permit requirements
24		adopted by the Board under this Act. However, sludge from a
25		water or sewage treatment plant owned and operated by a unit of
26		local government which (1) is subject to a sludge management

HB5501 Engrossed - 1853 - LRB102 24698 AMC 33937 b
1		plan approved by the Agency or a permit granted by the Agency,
2		and (2) has been tested and determined not to be a hazardous
3		waste as required by applicable State and federal laws and
4		regulations, may be transported in this State without a
5		special waste hauling permit, and the preparation and carrying
6		of a manifest shall not be required for such sludge under the
7		rules of the Pollution Control Board. The unit of local
8		government which operates the treatment plant producing such
9		sludge shall file an annual report with the Agency identifying
10		the volume of such sludge transported during the reporting
11		period, the hauler of the sludge, and the disposal sites to
12		which it was transported. This subsection (j) shall not apply
13		to hazardous waste.
14		(k) Fail or refuse to pay any fee imposed under this Act.
15		(l) Locate a hazardous waste disposal site above an active
16		or inactive shaft or tunneled mine or within 2 miles of an
17		active fault in the earth's crust. In counties of population
18		less than 225,000 no hazardous waste disposal site shall be
19		located (1) within 1 1/2 miles of the corporate limits as
20		defined on June 30, 1978, of any municipality without the
21		approval of the governing body of the municipality in an
22		official action; or (2) within 1000 feet of an existing
23		private well or the existing source of a public water supply
24		measured from the boundary of the actual active permitted site
25		and excluding existing private wells on the property of the
26		permit applicant. The provisions of this subsection do not

HB5501 Engrossed - 1854 - LRB102 24698 AMC 33937 b
1		apply to publicly owned sewage works or the disposal or
2		utilization of sludge from publicly owned sewage works.
3		(m) Transfer interest in any land which has been used as a
4		hazardous waste disposal site without written notification to
5		the Agency of the transfer and to the transferee of the
6		conditions imposed by the Agency upon its use under subsection
7		(g) of Section 39.
8		(n) Use any land which has been used as a hazardous waste
9		disposal site except in compliance with conditions imposed by
10		the Agency under subsection (g) of Section 39.
11		(o) Conduct a sanitary landfill operation which is
12		required to have a permit under subsection (d) of this
13		Section, in a manner which results in any of the following
14		conditions:
15		(1) refuse in standing or flowing waters;
16		(2) leachate flows entering waters of the State;
17		(3) leachate flows exiting the landfill confines (as
18		determined by the boundaries established for the landfill
19		by a permit issued by the Agency);
20		(4) open burning of refuse in violation of Section 9
21		of this Act;
22		(5) uncovered refuse remaining from any previous
23		operating day or at the conclusion of any operating day,
24		unless authorized by permit;
25		(6) failure to provide final cover within time limits
26		established by Board regulations;

HB5501 Engrossed - 1855 - LRB102 24698 AMC 33937 b
1		(7) acceptance of wastes without necessary permits;
2		(8) scavenging as defined by Board regulations;
3		(9) deposition of refuse in any unpermitted portion of
4		the landfill;
5		(10) acceptance of a special waste without a required
6		manifest;
7		(11) failure to submit reports required by permits or
8		Board regulations;
9		(12) failure to collect and contain litter from the
10		site by the end of each operating day;
11		(13) failure to submit any cost estimate for the site
12		or any performance bond or other security for the site as
13		required by this Act or Board rules.
14		The prohibitions specified in this subsection (o) shall be
15		enforceable by the Agency either by administrative citation
16		under Section 31.1 of this Act or as otherwise provided by this
17		Act. The specific prohibitions in this subsection do not limit
18		the power of the Board to establish regulations or standards
19		applicable to sanitary landfills.
20		(p) In violation of subdivision (a) of this Section, cause
21		or allow the open dumping of any waste in a manner which
22		results in any of the following occurrences at the dump site:
23		(1) litter;
24		(2) scavenging;
25		(3) open burning;
26		(4) deposition of waste in standing or flowing waters;

HB5501 Engrossed - 1856 - LRB102 24698 AMC 33937 b
1		(5) proliferation of disease vectors;
2		(6) standing or flowing liquid discharge from the dump
3		site;
4		(7) deposition of:
5		(i) general construction or demolition debris as
6		defined in Section 3.160(a) of this Act; or
7		(ii) clean construction or demolition debris as
8		defined in Section 3.160(b) of this Act.
9		The prohibitions specified in this subsection (p) shall be
10		enforceable by the Agency either by administrative citation
11		under Section 31.1 of this Act or as otherwise provided by this
12		Act. The specific prohibitions in this subsection do not limit
13		the power of the Board to establish regulations or standards
14		applicable to open dumping.
15		(q) Conduct a landscape waste composting operation without
16		an Agency permit, provided, however, that no permit shall be
17		required for any person:
18		(1) conducting a landscape waste composting operation
19		for landscape wastes generated by such person's own
20		activities which are stored, treated, or disposed of
21		within the site where such wastes are generated; or
22		(1.5) conducting a landscape waste composting
23		operation that (i) has no more than 25 cubic yards of
24		landscape waste, composting additives, composting
25		material, or end-product compost on-site at any one time
26		and (ii) is not engaging in commercial activity; or

HB5501 Engrossed - 1857 - LRB102 24698 AMC 33937 b
1		(2) applying landscape waste or composted landscape
2		waste at agronomic rates; or
3		(2.5) operating a landscape waste composting facility
4		at a site having 10 or more occupied non-farm residences
5		within 1/2 mile of its boundaries, if the facility meets
6		all of the following criteria:
7		(A) the composting facility is operated by the
8		farmer on property on which the composting material is
9		utilized, and the composting facility constitutes no
10		more than 2% of the site's total acreage;
11		(A-5) any composting additives that the composting
12		facility accepts and uses at the facility are
13		necessary to provide proper conditions for composting
14		and do not exceed 10% of the total composting material
15		at the facility at any one time;
16		(B) the property on which the composting facility
17		is located, and any associated property on which the
18		compost is used, is principally and diligently devoted
19		to the production of agricultural crops and is not
20		owned, leased, or otherwise controlled by any waste
21		hauler or generator of nonagricultural compost
22		materials, and the operator of the composting facility
23		is not an employee, partner, shareholder, or in any
24		way connected with or controlled by any such waste
25		hauler or generator;
26		(C) all compost generated by the composting

HB5501 Engrossed - 1858 - LRB102 24698 AMC 33937 b
1		facility is applied at agronomic rates and used as
2		mulch, fertilizer, or soil conditioner on land
3		actually farmed by the person operating the composting
4		facility, and the finished compost is not stored at
5		the composting site for a period longer than 18 months
6		prior to its application as mulch, fertilizer, or soil
7		conditioner;
8		(D) no fee is charged for the acceptance of
9		materials to be composted at the facility; and
10		(E) the owner or operator, by January 1, 2014 (or
11		the January 1 following commencement of operation,
12		whichever is later) and January 1 of each year
13		thereafter, registers the site with the Agency, (ii)
14		reports to the Agency on the volume of composting
15		material received and used at the site; (iii)
16		certifies to the Agency that the site complies with
17		the requirements set forth in subparagraphs (A),
18		(A-5), (B), (C), and (D) of this paragraph (2.5); and
19		(iv) certifies to the Agency that all composting
20		material was placed more than 200 feet from the
21		nearest potable water supply well, was placed outside
22		the boundary of the 10-year floodplain or on a part of
23		the site that is floodproofed, was placed at least 1/4
24		mile from the nearest residence (other than a
25		residence located on the same property as the
26		facility) or a lesser distance from the nearest

HB5501 Engrossed - 1859 - LRB102 24698 AMC 33937 b
1		residence (other than a residence located on the same
2		property as the facility) if the municipality in which
3		the facility is located has by ordinance approved a
4		lesser distance than 1/4 mile, and was placed more
5		than 5 feet above the water table; any ordinance
6		approving a residential setback of less than 1/4 mile
7		that is used to meet the requirements of this
8		subparagraph (E) of paragraph (2.5) of this subsection
9		must specifically reference this paragraph; or
10		(3) operating a landscape waste composting facility on
11		a farm, if the facility meets all of the following
12		criteria:
13		(A) the composting facility is operated by the
14		farmer on property on which the composting material is
15		utilized, and the composting facility constitutes no
16		more than 2% of the property's total acreage, except
17		that the Board may allow a higher percentage for
18		individual sites where the owner or operator has
19		demonstrated to the Board that the site's soil
20		characteristics or crop needs require a higher rate;
21		(A-1) the composting facility accepts from other
22		agricultural operations for composting with landscape
23		waste no materials other than uncontaminated and
24		source-separated (i) crop residue and other
25		agricultural plant residue generated from the
26		production and harvesting of crops and other customary

HB5501 Engrossed - 1860 - LRB102 24698 AMC 33937 b
1		farm practices, including, but not limited to, stalks,
2		leaves, seed pods, husks, bagasse, and roots and (ii)
3		plant-derived animal bedding, such as straw or
4		sawdust, that is free of manure and was not made from
5		painted or treated wood;
6		(A-2) any composting additives that the composting
7		facility accepts and uses at the facility are
8		necessary to provide proper conditions for composting
9		and do not exceed 10% of the total composting material
10		at the facility at any one time;
11		(B) the property on which the composting facility
12		is located, and any associated property on which the
13		compost is used, is principally and diligently devoted
14		to the production of agricultural crops and is not
15		owned, leased or otherwise controlled by any waste
16		hauler or generator of nonagricultural compost
17		materials, and the operator of the composting facility
18		is not an employee, partner, shareholder, or in any
19		way connected with or controlled by any such waste
20		hauler or generator;
21		(C) all compost generated by the composting
22		facility is applied at agronomic rates and used as
23		mulch, fertilizer or soil conditioner on land actually
24		farmed by the person operating the composting
25		facility, and the finished compost is not stored at
26		the composting site for a period longer than 18 months

HB5501 Engrossed - 1861 - LRB102 24698 AMC 33937 b
1		prior to its application as mulch, fertilizer, or soil
2		conditioner;
3		(D) the owner or operator, by January 1 of each
4		year, (i) registers the site with the Agency, (ii)
5		reports to the Agency on the volume of composting
6		material received and used at the site, (iii)
7		certifies to the Agency that the site complies with
8		the requirements set forth in subparagraphs (A),
9		(A-1), (A-2), (B), and (C) of this paragraph (q)(3),
10		and (iv) certifies to the Agency that all composting
11		material:
12		(I) was placed more than 200 feet from the
13		nearest potable water supply well;
14		(II) was placed outside the boundary of the
15		10-year floodplain or on a part of the site that is
16		floodproofed;
17		(III) was placed either (aa) at least 1/4 mile
18		from the nearest residence (other than a residence
19		located on the same property as the facility) and
20		there are not more than 10 occupied non-farm
21		residences within 1/2 mile of the boundaries of
22		the site on the date of application or (bb) a
23		lesser distance from the nearest residence (other
24		than a residence located on the same property as
25		the facility) provided that the municipality or
26		county in which the facility is located has by

HB5501 Engrossed - 1862 - LRB102 24698 AMC 33937 b
1		ordinance approved a lesser distance than 1/4 mile
2		and there are not more than 10 occupied non-farm
3		residences within 1/2 mile of the boundaries of
4		the site on the date of application; and
5		(IV) was placed more than 5 feet above the
6		water table.
7		Any ordinance approving a residential setback of
8		less than 1/4 mile that is used to meet the
9		requirements of this subparagraph (D) must
10		specifically reference this subparagraph.
11		For the purposes of this subsection (q), "agronomic rates"
12		means the application of not more than 20 tons per acre per
13		year, except that the Board may allow a higher rate for
14		individual sites where the owner or operator has demonstrated
15		to the Board that the site's soil characteristics or crop
16		needs require a higher rate.
17		(r) Cause or allow the storage or disposal of coal
18		combustion waste unless:
19		(1) such waste is stored or disposed of at a site or
20		facility for which a permit has been obtained or is not
21		otherwise required under subsection (d) of this Section;
22		or
23		(2) such waste is stored or disposed of as a part of
24		the design and reclamation of a site or facility which is
25		an abandoned mine site in accordance with the Abandoned
26		Mined Lands and Water Reclamation Act; or

HB5501 Engrossed - 1863 - LRB102 24698 AMC 33937 b
1		(3) such waste is stored or disposed of at a site or
2		facility which is operating under NPDES and Subtitle D
3		permits issued by the Agency pursuant to regulations
4		adopted by the Board for mine-related water pollution and
5		permits issued pursuant to the federal Surface Mining
6		Control and Reclamation Act of 1977 (P.L. 95-87) or the
7		rules and regulations thereunder or any law or rule or
8		regulation adopted by the State of Illinois pursuant
9		thereto, and the owner or operator of the facility agrees
10		to accept the waste; and either:
11		(i) such waste is stored or disposed of in
12		accordance with requirements applicable to refuse
13		disposal under regulations adopted by the Board for
14		mine-related water pollution and pursuant to NPDES and
15		Subtitle D permits issued by the Agency under such
16		regulations; or
17		(ii) the owner or operator of the facility
18		demonstrates all of the following to the Agency, and
19		the facility is operated in accordance with the
20		demonstration as approved by the Agency: (1) the
21		disposal area will be covered in a manner that will
22		support continuous vegetation, (2) the facility will
23		be adequately protected from wind and water erosion,
24		(3) the pH will be maintained so as to prevent
25		excessive leaching of metal ions, and (4) adequate
26		containment or other measures will be provided to

HB5501 Engrossed - 1864 - LRB102 24698 AMC 33937 b
1		protect surface water and groundwater from
2		contamination at levels prohibited by this Act, the
3		Illinois Groundwater Protection Act, or regulations
4		adopted pursuant thereto.
5		Notwithstanding any other provision of this Title, the
6		disposal of coal combustion waste pursuant to item (2) or (3)
7		of this subdivision (r) shall be exempt from the other
8		provisions of this Title V, and notwithstanding the provisions
9		of Title X of this Act, the Agency is authorized to grant
10		experimental permits which include provision for the disposal
11		of wastes from the combustion of coal and other materials
12		pursuant to items (2) and (3) of this subdivision (r).
13		(s) After April 1, 1989, offer for transportation,
14		transport, deliver, receive or accept special waste for which
15		a manifest is required, unless the manifest indicates that the
16		fee required under Section 22.8 of this Act has been paid.
17		(t) Cause or allow a lateral expansion of a municipal
18		solid waste landfill unit on or after October 9, 1993, without
19		a permit modification, granted by the Agency, that authorizes
20		the lateral expansion.
21		(u) Conduct any vegetable by-product treatment, storage,
22		disposal or transportation operation in violation of any
23		regulation, standards or permit requirements adopted by the
24		Board under this Act. However, no permit shall be required
25		under this Title V for the land application of vegetable
26		by-products conducted pursuant to Agency permit issued under

HB5501 Engrossed - 1865 - LRB102 24698 AMC 33937 b
1		Title III of this Act to the generator of the vegetable
2		by-products. In addition, vegetable by-products may be
3		transported in this State without a special waste hauling
4		permit, and without the preparation and carrying of a
5		manifest.
6		(v) (Blank).
7		(w) Conduct any generation, transportation, or recycling
8		of construction or demolition debris, clean or general, or
9		uncontaminated soil generated during construction, remodeling,
10		repair, and demolition of utilities, structures, and roads
11		that is not commingled with any waste, without the maintenance
12		of documentation identifying the hauler, generator, place of
13		origin of the debris or soil, the weight or volume of the
14		debris or soil, and the location, owner, and operator of the
15		facility where the debris or soil was transferred, disposed,
16		recycled, or treated. This documentation must be maintained by
17		the generator, transporter, or recycler for 3 years. This
18		subsection (w) shall not apply to (1) a permitted pollution
19		control facility that transfers or accepts construction or
20		demolition debris, clean or general, or uncontaminated soil
21		for final disposal, recycling, or treatment, (2) a public
22		utility (as that term is defined in the Public Utilities Act)
23		or a municipal utility, (3) the Illinois Department of
24		Transportation, or (4) a municipality or a county highway
25		department, with the exception of any municipality or county
26		highway department located within a county having a population

HB5501 Engrossed - 1866 - LRB102 24698 AMC 33937 b
1		of over 3,000,000 inhabitants or located in a county that is
2		contiguous to a county having a population of over 3,000,000
3		inhabitants; but it shall apply to an entity that contracts
4		with a public utility, a municipal utility, the Illinois
5		Department of Transportation, or a municipality or a county
6		highway department. The terms "generation" and "recycling", as
7		used in this subsection, do not apply to clean construction or
8		demolition debris when (i) used as fill material below grade
9		outside of a setback zone if covered by sufficient
10		uncontaminated soil to support vegetation within 30 days of
11		the completion of filling or if covered by a road or structure,
12		(ii) solely broken concrete without protruding metal bars is
13		used for erosion control, or (iii) milled asphalt or crushed
14		concrete is used as aggregate in construction of the shoulder
15		of a roadway. The terms "generation" and "recycling", as used
16		in this subsection, do not apply to uncontaminated soil that
17		is not commingled with any waste when (i) used as fill material
18		below grade or contoured to grade, or (ii) used at the site of
19		generation.
20		(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
21		102-310, eff. 8-6-21; 102-558, eff. 8-20-21; revised
22		10-14-21.)
23		(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
24		Sec. 22.15. Solid Waste Management Fund; fees.
25		(a) There is hereby created within the State Treasury a

HB5501 Engrossed - 1867 - LRB102 24698 AMC 33937 b
1		special fund to be known as the Solid Waste Management Fund, to
2		be constituted from the fees collected by the State pursuant
3		to this Section, from repayments of loans made from the Fund
4		for solid waste projects, from registration fees collected
5		pursuant to the Consumer Electronics Recycling Act, and from
6		amounts transferred into the Fund pursuant to Public Act
7		100-433. Moneys received by either the Agency or the
8		Department of Commerce and Economic Opportunity in repayment
9		of loans made pursuant to the Illinois Solid Waste Management
10		Act shall be deposited into the General Revenue Fund.
11		(b) The Agency shall assess and collect a fee in the amount
12		set forth herein from the owner or operator of each sanitary
13		landfill permitted or required to be permitted by the Agency
14		to dispose of solid waste if the sanitary landfill is located
15		off the site where such waste was produced and if such sanitary
16		landfill is owned, controlled, and operated by a person other
17		than the generator of such waste. The Agency shall deposit all
18		fees collected into the Solid Waste Management Fund. If a site
19		is contiguous to one or more landfills owned or operated by the
20		same person, the volumes permanently disposed of by each
21		landfill shall be combined for purposes of determining the fee
22		under this subsection. Beginning on July 1, 2018, and on the
23		first day of each month thereafter during fiscal years 2019
24		through 2022, the State Comptroller shall direct and State
25		Treasurer shall transfer an amount equal to 1/12 of $5,000,000
26		per fiscal year from the Solid Waste Management Fund to the

HB5501 Engrossed - 1868 - LRB102 24698 AMC 33937 b
1		General Revenue Fund.
2		(1) If more than 150,000 cubic yards of non-hazardous
3		solid waste is permanently disposed of at a site in a
4		calendar year, the owner or operator shall either pay a
5		fee of 95 cents per cubic yard or, alternatively, the
6		owner or operator may weigh the quantity of the solid
7		waste permanently disposed of with a device for which
8		certification has been obtained under the Weights and
9		Measures Act and pay a fee of $2.00 per ton of solid waste
10		permanently disposed of. In no case shall the fee
11		collected or paid by the owner or operator under this
12		paragraph exceed $1.55 per cubic yard or $3.27 per ton.
13		(2) If more than 100,000 cubic yards but not more than
14		150,000 cubic yards of non-hazardous waste is permanently
15		disposed of at a site in a calendar year, the owner or
16		operator shall pay a fee of $52,630.
17		(3) If more than 50,000 cubic yards but not more than
18		100,000 cubic yards of non-hazardous solid waste is
19		permanently disposed of at a site in a calendar year, the
20		owner or operator shall pay a fee of $23,790.
21		(4) If more than 10,000 cubic yards but not more than
22		50,000 cubic yards of non-hazardous solid waste is
23		permanently disposed of at a site in a calendar year, the
24		owner or operator shall pay a fee of $7,260.
25		(5) If not more than 10,000 cubic yards of
26		non-hazardous solid waste is permanently disposed of at a

HB5501 Engrossed - 1869 - LRB102 24698 AMC 33937 b
1		site in a calendar year, the owner or operator shall pay a
2		fee of $1050.
3		(c) (Blank).
4		(d) The Agency shall establish rules relating to the
5		collection of the fees authorized by this Section. Such rules
6		shall include, but not be limited to:
7		(1) necessary records identifying the quantities of
8		solid waste received or disposed;
9		(2) the form and submission of reports to accompany
10		the payment of fees to the Agency;
11		(3) the time and manner of payment of fees to the
12		Agency, which payments shall not be more often than
13		quarterly; and
14		(4) procedures setting forth criteria establishing
15		when an owner or operator may measure by weight or volume
16		during any given quarter or other fee payment period.
17		(e) Pursuant to appropriation, all monies in the Solid
18		Waste Management Fund shall be used by the Agency for the
19		purposes set forth in this Section and in the Illinois Solid
20		Waste Management Act, including for the costs of fee
21		collection and administration, and for the administration of
22		(1) the Consumer Electronics Recycling Act and (2) until
23		January 1, 2020, the Electronic Products Recycling and Reuse
24		Act.
25		(f) The Agency is authorized to enter into such agreements
26		and to promulgate such rules as are necessary to carry out its

HB5501 Engrossed - 1870 - LRB102 24698 AMC 33937 b
1		duties under this Section and the Illinois Solid Waste
2		Management Act.
3		(g) On the first day of January, April, July, and October
4		of each year, beginning on July 1, 1996, the State Comptroller
5		and Treasurer shall transfer $500,000 from the Solid Waste
6		Management Fund to the Hazardous Waste Fund. Moneys
7		transferred under this subsection (g) shall be used only for
8		the purposes set forth in item (1) of subsection (d) of Section
9		22.2.
10		(h) The Agency is authorized to provide financial
11		assistance to units of local government for the performance of
12		inspecting, investigating and enforcement activities pursuant
13		to Section 4(r) at nonhazardous solid waste disposal sites.
14		(i) The Agency is authorized to conduct household waste
15		collection and disposal programs.
16		(j) A unit of local government, as defined in the Local
17		Solid Waste Disposal Act, in which a solid waste disposal
18		facility is located may establish a fee, tax, or surcharge
19		with regard to the permanent disposal of solid waste. All
20		fees, taxes, and surcharges collected under this subsection
21		shall be utilized for solid waste management purposes,
22		including long-term monitoring and maintenance of landfills,
23		planning, implementation, inspection, enforcement and other
24		activities consistent with the Solid Waste Management Act and
25		the Local Solid Waste Disposal Act, or for any other
26		environment-related purpose, including, but not limited to, an

HB5501 Engrossed - 1871 - LRB102 24698 AMC 33937 b
1		environment-related public works project, but not for the
2		construction of a new pollution control facility other than a
3		household hazardous waste facility. However, the total fee,
4		tax or surcharge imposed by all units of local government
5		under this subsection (j) upon the solid waste disposal
6		facility shall not exceed:
7		(1) 60¢ per cubic yard if more than 150,000 cubic
8		yards of non-hazardous solid waste is permanently disposed
9		of at the site in a calendar year, unless the owner or
10		operator weighs the quantity of the solid waste received
11		with a device for which certification has been obtained
12		under the Weights and Measures Act, in which case the fee
13		shall not exceed $1.27 per ton of solid waste permanently
14		disposed of.
15		(2) $33,350 if more than 100,000 cubic yards, but not
16		more than 150,000 cubic yards, of non-hazardous waste is
17		permanently disposed of at the site in a calendar year.
18		(3) $15,500 if more than 50,000 cubic yards, but not
19		more than 100,000 cubic yards, of non-hazardous solid
20		waste is permanently disposed of at the site in a calendar
21		year.
22		(4) $4,650 if more than 10,000 cubic yards, but not
23		more than 50,000 cubic yards, of non-hazardous solid waste
24		is permanently disposed of at the site in a calendar year.
25		(5) $650 if not more than 10,000 cubic yards of
26		non-hazardous solid waste is permanently disposed of at

HB5501 Engrossed - 1872 - LRB102 24698 AMC 33937 b
1		the site in a calendar year.
2		The corporate authorities of the unit of local government
3		may use proceeds from the fee, tax, or surcharge to reimburse a
4		highway commissioner whose road district lies wholly or
5		partially within the corporate limits of the unit of local
6		government for expenses incurred in the removal of
7		nonhazardous, nonfluid municipal waste that has been dumped on
8		public property in violation of a State law or local
9		ordinance.
10		For the disposal of solid waste from general construction
11		or demolition debris recovery facilities as defined in
12		subsection (a-1) of Section 3.160, the total fee, tax, or
13		surcharge imposed by all units of local government under this
14		subsection (j) upon the solid waste disposal facility shall
15		not exceed 50% of the applicable amount set forth above. A unit
16		of local government, as defined in the Local Solid Waste
17		Disposal Act, in which a general construction or demolition
18		debris recovery facility is located may establish a fee, tax,
19		or surcharge on the general construction or demolition debris
20		recovery facility with regard to the permanent disposal of
21		solid waste by the general construction or demolition debris
22		recovery facility at a solid waste disposal facility, provided
23		that such fee, tax, or surcharge shall not exceed 50% of the
24		applicable amount set forth above, based on the total amount
25		of solid waste transported from the general construction or
26		demolition debris recovery facility for disposal at solid

HB5501 Engrossed - 1873 - LRB102 24698 AMC 33937 b
1		waste disposal facilities, and the unit of local government
2		and fee shall be subject to all other requirements of this
3		subsection (j).
4		A county or Municipal Joint Action Agency that imposes a
5		fee, tax, or surcharge under this subsection may use the
6		proceeds thereof to reimburse a municipality that lies wholly
7		or partially within its boundaries for expenses incurred in
8		the removal of nonhazardous, nonfluid municipal waste that has
9		been dumped on public property in violation of a State law or
10		local ordinance.
11		If the fees are to be used to conduct a local sanitary
12		landfill inspection or enforcement program, the unit of local
13		government must enter into a written delegation agreement with
14		the Agency pursuant to subsection (r) of Section 4. The unit of
15		local government and the Agency shall enter into such a
16		written delegation agreement within 60 days after the
17		establishment of such fees. At least annually, the Agency
18		shall conduct an audit of the expenditures made by units of
19		local government from the funds granted by the Agency to the
20		units of local government for purposes of local sanitary
21		landfill inspection and enforcement programs, to ensure that
22		the funds have been expended for the prescribed purposes under
23		the grant.
24		The fees, taxes or surcharges collected under this
25		subsection (j) shall be placed by the unit of local government
26		in a separate fund, and the interest received on the moneys in

HB5501 Engrossed - 1874 - LRB102 24698 AMC 33937 b
1		the fund shall be credited to the fund. The monies in the fund
2		may be accumulated over a period of years to be expended in
3		accordance with this subsection.
4		A unit of local government, as defined in the Local Solid
5		Waste Disposal Act, shall prepare and post on its website, in
6		April of each year, a report that details spending plans for
7		monies collected in accordance with this subsection. The
8		report will at a minimum include the following:
9		(1) The total monies collected pursuant to this
10		subsection.
11		(2) The most current balance of monies collected
12		pursuant to this subsection.
13		(3) An itemized accounting of all monies expended for
14		the previous year pursuant to this subsection.
15		(4) An estimation of monies to be collected for the
16		following 3 years pursuant to this subsection.
17		(5) A narrative detailing the general direction and
18		scope of future expenditures for one, 2 and 3 years.
19		The exemptions granted under Sections 22.16 and 22.16a,
20		and under subsection (k) of this Section, shall be applicable
21		to any fee, tax or surcharge imposed under this subsection
22		(j); except that the fee, tax or surcharge authorized to be
23		imposed under this subsection (j) may be made applicable by a
24		unit of local government to the permanent disposal of solid
25		waste after December 31, 1986, under any contract lawfully
26		executed before June 1, 1986 under which more than 150,000

HB5501 Engrossed - 1875 - LRB102 24698 AMC 33937 b
1		cubic yards (or 50,000 tons) of solid waste is to be
2		permanently disposed of, even though the waste is exempt from
3		the fee imposed by the State under subsection (b) of this
4		Section pursuant to an exemption granted under Section 22.16.
5		(k) In accordance with the findings and purposes of the
6		Illinois Solid Waste Management Act, beginning January 1, 1989
7		the fee under subsection (b) and the fee, tax or surcharge
8		under subsection (j) shall not apply to:
9		(1) waste which is hazardous waste;
10		(2) waste which is pollution control waste;
11		(3) waste from recycling, reclamation or reuse
12		processes which have been approved by the Agency as being
13		designed to remove any contaminant from wastes so as to
14		render such wastes reusable, provided that the process
15		renders at least 50% of the waste reusable; the exemption
16		set forth in this paragraph (3) of this subsection (k)
17		shall not apply to general construction or demolition
18		debris recovery facilities as defined in subsection (a-1)
19		of Section 3.160;
20		(4) non-hazardous solid waste that is received at a
21		sanitary landfill and composted or recycled through a
22		process permitted by the Agency; or
23		(5) any landfill which is permitted by the Agency to
24		receive only demolition or construction debris or
25		landscape waste.
26		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;

HB5501 Engrossed - 1876 - LRB102 24698 AMC 33937 b
1		102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
2		8-20-21; revised 9-28-21.)
3		(415 ILCS 5/22.59)
4		Sec. 22.59. CCR surface impoundments.
5		(a) The General Assembly finds that:
6		(1) the State of Illinois has a long-standing policy
7		to restore, protect, and enhance the environment,
8		including the purity of the air, land, and waters,
9		including groundwaters, of this State;
10		(2) a clean environment is essential to the growth and
11		well-being of this State;
12		(3) CCR generated by the electric generating industry
13		has caused groundwater contamination and other forms of
14		pollution at active and inactive plants throughout this
15		State;
16		(4) environmental laws should be supplemented to
17		ensure consistent, responsible regulation of all existing
18		CCR surface impoundments; and
19		(5) meaningful participation of State residents,
20		especially vulnerable populations who may be affected by
21		regulatory actions, is critical to ensure that
22		environmental justice considerations are incorporated in
23		the development of, decision-making related to, and
24		implementation of environmental laws and rulemaking that
25		protects and improves the well-being of communities in

HB5501 Engrossed - 1877 - LRB102 24698 AMC 33937 b
1		this State that bear disproportionate burdens imposed by
2		environmental pollution.
3		Therefore, the purpose of this Section is to promote a
4		healthful environment, including clean water, air, and land,
5		meaningful public involvement, and the responsible disposal
6		and storage of coal combustion residuals, so as to protect
7		public health and to prevent pollution of the environment of
8		this State.
9		The provisions of this Section shall be liberally
10		construed to carry out the purposes of this Section.
11		(b) No person shall:
12		(1) cause or allow the discharge of any contaminants
13		from a CCR surface impoundment into the environment so as
14		to cause, directly or indirectly, a violation of this
15		Section or any regulations or standards adopted by the
16		Board under this Section, either alone or in combination
17		with contaminants from other sources;
18		(2) construct, install, modify, operate, or close any
19		CCR surface impoundment without a permit granted by the
20		Agency, or so as to violate any conditions imposed by such
21		permit, any provision of this Section or any regulations
22		or standards adopted by the Board under this Section;
23		(3) cause or allow, directly or indirectly, the
24		discharge, deposit, injection, dumping, spilling, leaking,
25		or placing of any CCR upon the land in a place and manner
26		so as to cause or tend to cause a violation of this Section

HB5501 Engrossed - 1878 - LRB102 24698 AMC 33937 b
1		or any regulations or standards adopted by the Board under
2		this Section; or
3		(4) construct, install, modify, or close a CCR surface
4		impoundment in accordance with a permit issued under this
5		Act without certifying to the Agency that all contractors,
6		subcontractors, and installers utilized to construct,
7		install, modify, or close a CCR surface impoundment are
8		participants in:
9		(A) a training program that is approved by and
10		registered with the United States Department of
11		Labor's Employment and Training Administration and
12		that includes instruction in erosion control and
13		environmental remediation; and
14		(B) a training program that is approved by and
15		registered with the United States Department of
16		Labor's Employment and Training Administration and
17		that includes instruction in the operation of heavy
18		equipment and excavation.
19		Nothing in this paragraph (4) shall be construed to
20		require providers of construction-related professional
21		services to participate in a training program approved by
22		and registered with the United States Department of
23		Labor's Employment and Training Administration.
24		In this paragraph (4), "construction-related
25		professional services" includes, but is not limited to,
26		those services within the scope of: (i) the practice of

HB5501 Engrossed - 1879 - LRB102 24698 AMC 33937 b
1		architecture as regulated under the Illinois Architecture
2		Practice Act of 1989; (ii) professional engineering as
3		defined in Section 4 of the Professional Engineering
4		Practice Act of 1989; (iii) the practice of a structural
5		engineer as defined in Section 4 of the Structural
6		Engineering Practice Act of 1989; or (iv) land surveying
7		under the Illinois Professional Land Surveyor Act of 1989.
8		(c) (Blank).
9		(d) Before commencing closure of a CCR surface
10		impoundment, in accordance with Board rules, the owner of a
11		CCR surface impoundment must submit to the Agency for approval
12		a closure alternatives analysis that analyzes all closure
13		methods being considered and that otherwise satisfies all
14		closure requirements adopted by the Board under this Act.
15		Complete removal of CCR, as specified by the Board's rules,
16		from the CCR surface impoundment must be considered and
17		analyzed. Section 3.405 does not apply to the Board's rules
18		specifying complete removal of CCR. The selected closure
19		method must ensure compliance with regulations adopted by the
20		Board pursuant to this Section.
21		(e) Owners or operators of CCR surface impoundments who
22		have submitted a closure plan to the Agency before May 1, 2019,
23		and who have completed closure prior to 24 months after July
24		30, 2019 (the effective date of Public Act 101-171) shall not
25		be required to obtain a construction permit for the surface
26		impoundment closure under this Section.

HB5501 Engrossed - 1880 - LRB102 24698 AMC 33937 b
1		(f) Except for the State, its agencies and institutions, a
2		unit of local government, or not-for-profit electric
3		cooperative as defined in Section 3.4 of the Electric Supplier
4		Act, any person who owns or operates a CCR surface impoundment
5		in this State shall post with the Agency a performance bond or
6		other security for the purpose of: (i) ensuring closure of the
7		CCR surface impoundment and post-closure care in accordance
8		with this Act and its rules; and (ii) ensuring remediation of
9		releases from the CCR surface impoundment. The only acceptable
10		forms of financial assurance are: a trust fund, a surety bond
11		guaranteeing payment, a surety bond guaranteeing performance,
12		or an irrevocable letter of credit.
13		(1) The cost estimate for the post-closure care of a
14		CCR surface impoundment shall be calculated using a
15		30-year post-closure care period or such longer period as
16		may be approved by the Agency under Board or federal
17		rules.
18		(2) The Agency is authorized to enter into such
19		contracts and agreements as it may deem necessary to carry
20		out the purposes of this Section. Neither the State, nor
21		the Director, nor any State employee shall be liable for
22		any damages or injuries arising out of or resulting from
23		any action taken under this Section.
24		(3) The Agency shall have the authority to approve or
25		disapprove any performance bond or other security posted
26		under this subsection. Any person whose performance bond

HB5501 Engrossed - 1881 - LRB102 24698 AMC 33937 b
1		or other security is disapproved by the Agency may contest
2		the disapproval as a permit denial appeal pursuant to
3		Section 40.
4		(g) The Board shall adopt rules establishing construction
5		permit requirements, operating permit requirements, design
6		standards, reporting, financial assurance, and closure and
7		post-closure care requirements for CCR surface impoundments.
8		Not later than 8 months after July 30, 2019 (the effective date
9		of Public Act 101-171) the Agency shall propose, and not later
10		than one year after receipt of the Agency's proposal the Board
11		shall adopt, rules under this Section. The Board shall not be
12		deemed in noncompliance with the rulemaking deadline due to
13		delays in adopting rules as a result of the Joint Commission on
14		Administrative Rules oversight process. The rules must, at a
15		minimum:
16		(1) be at least as protective and comprehensive as the
17		federal regulations or amendments thereto promulgated by
18		the Administrator of the United States Environmental
19		Protection Agency in Subpart D of 40 CFR 257 governing CCR
20		surface impoundments;
21		(2) specify the minimum contents of CCR surface
22		impoundment construction and operating permit
23		applications, including the closure alternatives analysis
24		required under subsection (d);
25		(3) specify which types of permits include
26		requirements for closure, post-closure, remediation and

HB5501 Engrossed - 1882 - LRB102 24698 AMC 33937 b
1		all other requirements applicable to CCR surface
2		impoundments;
3		(4) specify when permit applications for existing CCR
4		surface impoundments must be submitted, taking into
5		consideration whether the CCR surface impoundment must
6		close under the RCRA;
7		(5) specify standards for review and approval by the
8		Agency of CCR surface impoundment permit applications;
9		(6) specify meaningful public participation procedures
10		for the issuance of CCR surface impoundment construction
11		and operating permits, including, but not limited to,
12		public notice of the submission of permit applications, an
13		opportunity for the submission of public comments, an
14		opportunity for a public hearing prior to permit issuance,
15		and a summary and response of the comments prepared by the
16		Agency;
17		(7) prescribe the type and amount of the performance
18		bonds or other securities required under subsection (f),
19		and the conditions under which the State is entitled to
20		collect moneys from such performance bonds or other
21		securities;
22		(8) specify a procedure to identify areas of
23		environmental justice concern in relation to CCR surface
24		impoundments;
25		(9) specify a method to prioritize CCR surface
26		impoundments required to close under RCRA if not otherwise

HB5501 Engrossed - 1883 - LRB102 24698 AMC 33937 b
1		specified by the United States Environmental Protection
2		Agency, so that the CCR surface impoundments with the
3		highest risk to public health and the environment, and
4		areas of environmental justice concern are given first
5		priority;
6		(10) define when complete removal of CCR is achieved
7		and specify the standards for responsible removal of CCR
8		from CCR surface impoundments, including, but not limited
9		to, dust controls and the protection of adjacent surface
10		water and groundwater; and
11		(11) describe the process and standards for
12		identifying a specific alternative source of groundwater
13		pollution when the owner or operator of the CCR surface
14		impoundment believes that groundwater contamination on the
15		site is not from the CCR surface impoundment.
16		(h) Any owner of a CCR surface impoundment that generates
17		CCR and sells or otherwise provides coal combustion byproducts
18		pursuant to Section 3.135 shall, every 12 months, post on its
19		publicly available website a report specifying the volume or
20		weight of CCR, in cubic yards or tons, that it sold or provided
21		during the past 12 months.
22		(i) The owner of a CCR surface impoundment shall post all
23		closure plans, permit applications, and supporting
24		documentation, as well as any Agency approval of the plans or
25		applications on its publicly available website.
26		(j) The owner or operator of a CCR surface impoundment

HB5501 Engrossed - 1884 - LRB102 24698 AMC 33937 b
1		shall pay the following fees:
2		(1) An initial fee to the Agency within 6 months after
3		July 30, 2019 (the effective date of Public Act 101-171)
4		of:
5		$50,000 for each closed CCR surface impoundment;
6		and
7		$75,000 for each CCR surface impoundment that have
8		not completed closure.
9		(2) Annual fees to the Agency, beginning on July 1,
10		2020, of:
11		$25,000 for each CCR surface impoundment that has
12		not completed closure; and
13		$15,000 for each CCR surface impoundment that has
14		completed closure, but has not completed post-closure
15		care.
16		(k) All fees collected by the Agency under subsection (j)
17		shall be deposited into the Environmental Protection Permit
18		and Inspection Fund.
19		(l) The Coal Combustion Residual Surface Impoundment
20		Financial Assurance Fund is created as a special fund in the
21		State treasury. Any moneys forfeited to the State of Illinois
22		from any performance bond or other security required under
23		this Section shall be placed in the Coal Combustion Residual
24		Surface Impoundment Financial Assurance Fund and shall, upon
25		approval by the Governor and the Director, be used by the
26		Agency for the purposes for which such performance bond or

HB5501 Engrossed - 1885 - LRB102 24698 AMC 33937 b
1		other security was issued. The Coal Combustion Residual
2		Surface Impoundment Financial Assurance Fund is not subject to
3		the provisions of subsection (c) of Section 5 of the State
4		Finance Act.
5		(m) The provisions of this Section shall apply, without
6		limitation, to all existing CCR surface impoundments and any
7		CCR surface impoundments constructed after July 30, 2019 (the
8		effective date of Public Act 101-171), except to the extent
9		prohibited by the Illinois or United States Constitutions.
10		(Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21;
11		102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff.
12		8-20-21; 102-662, eff. 9-15-21; revised 10-14-21.)
13		(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
14		Sec. 39. Issuance of permits; procedures.
15		(a) When the Board has by regulation required a permit for
16		the construction, installation, or operation of any type of
17		facility, equipment, vehicle, vessel, or aircraft, the
18		applicant shall apply to the Agency for such permit and it
19		shall be the duty of the Agency to issue such a permit upon
20		proof by the applicant that the facility, equipment, vehicle,
21		vessel, or aircraft will not cause a violation of this Act or
22		of regulations hereunder. The Agency shall adopt such
23		procedures as are necessary to carry out its duties under this
24		Section. In making its determinations on permit applications
25		under this Section the Agency may consider prior adjudications

HB5501 Engrossed - 1886 - LRB102 24698 AMC 33937 b
1		of noncompliance with this Act by the applicant that involved
2		a release of a contaminant into the environment. In granting
3		permits, the Agency may impose reasonable conditions
4		specifically related to the applicant's past compliance
5		history with this Act as necessary to correct, detect, or
6		prevent noncompliance. The Agency may impose such other
7		conditions as may be necessary to accomplish the purposes of
8		this Act, and as are not inconsistent with the regulations
9		promulgated by the Board hereunder. Except as otherwise
10		provided in this Act, a bond or other security shall not be
11		required as a condition for the issuance of a permit. If the
12		Agency denies any permit under this Section, the Agency shall
13		transmit to the applicant within the time limitations of this
14		Section specific, detailed statements as to the reasons the
15		permit application was denied. Such statements shall include,
16		but not be limited to, the following:
17		(i) the Sections of this Act which may be violated if
18		the permit were granted;
19		(ii) the provision of the regulations, promulgated
20		under this Act, which may be violated if the permit were
21		granted;
22		(iii) the specific type of information, if any, which
23		the Agency deems the applicant did not provide the Agency;
24		and
25		(iv) a statement of specific reasons why the Act and
26		the regulations might not be met if the permit were

HB5501 Engrossed - 1887 - LRB102 24698 AMC 33937 b
1		granted.
2		If there is no final action by the Agency within 90 days
3		after the filing of the application for permit, the applicant
4		may deem the permit issued; except that this time period shall
5		be extended to 180 days when (1) notice and opportunity for
6		public hearing are required by State or federal law or
7		regulation, (2) the application which was filed is for any
8		permit to develop a landfill subject to issuance pursuant to
9		this subsection, or (3) the application that was filed is for a
10		MSWLF unit required to issue public notice under subsection
11		(p) of Section 39. The 90-day and 180-day time periods for the
12		Agency to take final action do not apply to NPDES permit
13		applications under subsection (b) of this Section, to RCRA
14		permit applications under subsection (d) of this Section, to
15		UIC permit applications under subsection (e) of this Section,
16		or to CCR surface impoundment applications under subsection
17		(y) of this Section.
18		The Agency shall publish notice of all final permit
19		determinations for development permits for MSWLF units and for
20		significant permit modifications for lateral expansions for
21		existing MSWLF units one time in a newspaper of general
22		circulation in the county in which the unit is or is proposed
23		to be located.
24		After January 1, 1994 and until July 1, 1998, operating
25		permits issued under this Section by the Agency for sources of
26		air pollution permitted to emit less than 25 tons per year of

HB5501 Engrossed - 1888 - LRB102 24698 AMC 33937 b
1		any combination of regulated air pollutants, as defined in
2		Section 39.5 of this Act, shall be required to be renewed only
3		upon written request by the Agency consistent with applicable
4		provisions of this Act and regulations promulgated hereunder.
5		Such operating permits shall expire 180 days after the date of
6		such a request. The Board shall revise its regulations for the
7		existing State air pollution operating permit program
8		consistent with this provision by January 1, 1994.
9		After June 30, 1998, operating permits issued under this
10		Section by the Agency for sources of air pollution that are not
11		subject to Section 39.5 of this Act and are not required to
12		have a federally enforceable State operating permit shall be
13		required to be renewed only upon written request by the Agency
14		consistent with applicable provisions of this Act and its
15		rules. Such operating permits shall expire 180 days after the
16		date of such a request. Before July 1, 1998, the Board shall
17		revise its rules for the existing State air pollution
18		operating permit program consistent with this paragraph and
19		shall adopt rules that require a source to demonstrate that it
20		qualifies for a permit under this paragraph.
21		(b) The Agency may issue NPDES permits exclusively under
22		this subsection for the discharge of contaminants from point
23		sources into navigable waters, all as defined in the Federal
24		Water Pollution Control Act, as now or hereafter amended,
25		within the jurisdiction of the State, or into any well.
26		All NPDES permits shall contain those terms and

HB5501 Engrossed - 1889 - LRB102 24698 AMC 33937 b
1		conditions, including, but not limited to, schedules of
2		compliance, which may be required to accomplish the purposes
3		and provisions of this Act.
4		The Agency may issue general NPDES permits for discharges
5		from categories of point sources which are subject to the same
6		permit limitations and conditions. Such general permits may be
7		issued without individual applications and shall conform to
8		regulations promulgated under Section 402 of the Federal Water
9		Pollution Control Act, as now or hereafter amended.
10		The Agency may include, among such conditions, effluent
11		limitations and other requirements established under this Act,
12		Board regulations, the Federal Water Pollution Control Act, as
13		now or hereafter amended, and regulations pursuant thereto,
14		and schedules for achieving compliance therewith at the
15		earliest reasonable date.
16		The Agency shall adopt filing requirements and procedures
17		which are necessary and appropriate for the issuance of NPDES
18		permits, and which are consistent with the Act or regulations
19		adopted by the Board, and with the Federal Water Pollution
20		Control Act, as now or hereafter amended, and regulations
21		pursuant thereto.
22		The Agency, subject to any conditions which may be
23		prescribed by Board regulations, may issue NPDES permits to
24		allow discharges beyond deadlines established by this Act or
25		by regulations of the Board without the requirement of a
26		variance, subject to the Federal Water Pollution Control Act,

HB5501 Engrossed - 1890 - LRB102 24698 AMC 33937 b
1		as now or hereafter amended, and regulations pursuant thereto.
2		(c) Except for those facilities owned or operated by
3		sanitary districts organized under the Metropolitan Water
4		Reclamation District Act, no permit for the development or
5		construction of a new pollution control facility may be
6		granted by the Agency unless the applicant submits proof to
7		the Agency that the location of the facility has been approved
8		by the county board of the county if in an unincorporated area,
9		or the governing body of the municipality when in an
10		incorporated area, in which the facility is to be located in
11		accordance with Section 39.2 of this Act. For purposes of this
12		subsection (c), and for purposes of Section 39.2 of this Act,
13		the appropriate county board or governing body of the
14		municipality shall be the county board of the county or the
15		governing body of the municipality in which the facility is to
16		be located as of the date when the application for siting
17		approval is filed.
18		In the event that siting approval granted pursuant to
19		Section 39.2 has been transferred to a subsequent owner or
20		operator, that subsequent owner or operator may apply to the
21		Agency for, and the Agency may grant, a development or
22		construction permit for the facility for which local siting
23		approval was granted. Upon application to the Agency for a
24		development or construction permit by that subsequent owner or
25		operator, the permit applicant shall cause written notice of
26		the permit application to be served upon the appropriate

HB5501 Engrossed - 1891 - LRB102 24698 AMC 33937 b
1		county board or governing body of the municipality that
2		granted siting approval for that facility and upon any party
3		to the siting proceeding pursuant to which siting approval was
4		granted. In that event, the Agency shall conduct an evaluation
5		of the subsequent owner or operator's prior experience in
6		waste management operations in the manner conducted under
7		subsection (i) of Section 39 of this Act.
8		Beginning August 20, 1993, if the pollution control
9		facility consists of a hazardous or solid waste disposal
10		facility for which the proposed site is located in an
11		unincorporated area of a county with a population of less than
12		100,000 and includes all or a portion of a parcel of land that
13		was, on April 1, 1993, adjacent to a municipality having a
14		population of less than 5,000, then the local siting review
15		required under this subsection (c) in conjunction with any
16		permit applied for after that date shall be performed by the
17		governing body of that adjacent municipality rather than the
18		county board of the county in which the proposed site is
19		located; and for the purposes of that local siting review, any
20		references in this Act to the county board shall be deemed to
21		mean the governing body of that adjacent municipality;
22		provided, however, that the provisions of this paragraph shall
23		not apply to any proposed site which was, on April 1, 1993,
24		owned in whole or in part by another municipality.
25		In the case of a pollution control facility for which a
26		development permit was issued before November 12, 1981, if an

HB5501 Engrossed - 1892 - LRB102 24698 AMC 33937 b
1		operating permit has not been issued by the Agency prior to
2		August 31, 1989 for any portion of the facility, then the
3		Agency may not issue or renew any development permit nor issue
4		an original operating permit for any portion of such facility
5		unless the applicant has submitted proof to the Agency that
6		the location of the facility has been approved by the
7		appropriate county board or municipal governing body pursuant
8		to Section 39.2 of this Act.
9		After January 1, 1994, if a solid waste disposal facility,
10		any portion for which an operating permit has been issued by
11		the Agency, has not accepted waste disposal for 5 or more
12		consecutive calendar years, before that facility may accept
13		any new or additional waste for disposal, the owner and
14		operator must obtain a new operating permit under this Act for
15		that facility unless the owner and operator have applied to
16		the Agency for a permit authorizing the temporary suspension
17		of waste acceptance. The Agency may not issue a new operation
18		permit under this Act for the facility unless the applicant
19		has submitted proof to the Agency that the location of the
20		facility has been approved or re-approved by the appropriate
21		county board or municipal governing body under Section 39.2 of
22		this Act after the facility ceased accepting waste.
23		Except for those facilities owned or operated by sanitary
24		districts organized under the Metropolitan Water Reclamation
25		District Act, and except for new pollution control facilities
26		governed by Section 39.2, and except for fossil fuel mining

HB5501 Engrossed - 1893 - LRB102 24698 AMC 33937 b
1		facilities, the granting of a permit under this Act shall not
2		relieve the applicant from meeting and securing all necessary
3		zoning approvals from the unit of government having zoning
4		jurisdiction over the proposed facility.
5		Before beginning construction on any new sewage treatment
6		plant or sludge drying site to be owned or operated by a
7		sanitary district organized under the Metropolitan Water
8		Reclamation District Act for which a new permit (rather than
9		the renewal or amendment of an existing permit) is required,
10		such sanitary district shall hold a public hearing within the
11		municipality within which the proposed facility is to be
12		located, or within the nearest community if the proposed
13		facility is to be located within an unincorporated area, at
14		which information concerning the proposed facility shall be
15		made available to the public, and members of the public shall
16		be given the opportunity to express their views concerning the
17		proposed facility.
18		The Agency may issue a permit for a municipal waste
19		transfer station without requiring approval pursuant to
20		Section 39.2 provided that the following demonstration is
21		made:
22		(1) the municipal waste transfer station was in
23		existence on or before January 1, 1979 and was in
24		continuous operation from January 1, 1979 to January 1,
25		1993;
26		(2) the operator submitted a permit application to the

HB5501 Engrossed - 1894 - LRB102 24698 AMC 33937 b
1		Agency to develop and operate the municipal waste transfer
2		station during April of 1994;
3		(3) the operator can demonstrate that the county board
4		of the county, if the municipal waste transfer station is
5		in an unincorporated area, or the governing body of the
6		municipality, if the station is in an incorporated area,
7		does not object to resumption of the operation of the
8		station; and
9		(4) the site has local zoning approval.
10		(d) The Agency may issue RCRA permits exclusively under
11		this subsection to persons owning or operating a facility for
12		the treatment, storage, or disposal of hazardous waste as
13		defined under this Act. Subsection (y) of this Section, rather
14		than this subsection (d), shall apply to permits issued for
15		CCR surface impoundments.
16		All RCRA permits shall contain those terms and conditions,
17		including, but not limited to, schedules of compliance, which
18		may be required to accomplish the purposes and provisions of
19		this Act. The Agency may include among such conditions
20		standards and other requirements established under this Act,
21		Board regulations, the Resource Conservation and Recovery Act
22		of 1976 (P.L. 94-580), as amended, and regulations pursuant
23		thereto, and may include schedules for achieving compliance
24		therewith as soon as possible. The Agency shall require that a
25		performance bond or other security be provided as a condition
26		for the issuance of a RCRA permit.

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1		In the case of a permit to operate a hazardous waste or PCB
2		incinerator as defined in subsection (k) of Section 44, the
3		Agency shall require, as a condition of the permit, that the
4		operator of the facility perform such analyses of the waste to
5		be incinerated as may be necessary and appropriate to ensure
6		the safe operation of the incinerator.
7		The Agency shall adopt filing requirements and procedures
8		which are necessary and appropriate for the issuance of RCRA
9		permits, and which are consistent with the Act or regulations
10		adopted by the Board, and with the Resource Conservation and
11		Recovery Act of 1976 (P.L. 94-580), as amended, and
12		regulations pursuant thereto.
13		The applicant shall make available to the public for
14		inspection all documents submitted by the applicant to the
15		Agency in furtherance of an application, with the exception of
16		trade secrets, at the office of the county board or governing
17		body of the municipality. Such documents may be copied upon
18		payment of the actual cost of reproduction during regular
19		business hours of the local office. The Agency shall issue a
20		written statement concurrent with its grant or denial of the
21		permit explaining the basis for its decision.
22		(e) The Agency may issue UIC permits exclusively under
23		this subsection to persons owning or operating a facility for
24		the underground injection of contaminants as defined under
25		this Act.
26		All UIC permits shall contain those terms and conditions,

HB5501 Engrossed - 1896 - LRB102 24698 AMC 33937 b
1		including, but not limited to, schedules of compliance, which
2		may be required to accomplish the purposes and provisions of
3		this Act. The Agency may include among such conditions
4		standards and other requirements established under this Act,
5		Board regulations, the Safe Drinking Water Act (P.L. 93-523),
6		as amended, and regulations pursuant thereto, and may include
7		schedules for achieving compliance therewith. The Agency shall
8		require that a performance bond or other security be provided
9		as a condition for the issuance of a UIC permit.
10		The Agency shall adopt filing requirements and procedures
11		which are necessary and appropriate for the issuance of UIC
12		permits, and which are consistent with the Act or regulations
13		adopted by the Board, and with the Safe Drinking Water Act
14		(P.L. 93-523), as amended, and regulations pursuant thereto.
15		The applicant shall make available to the public for
16		inspection, all documents submitted by the applicant to the
17		Agency in furtherance of an application, with the exception of
18		trade secrets, at the office of the county board or governing
19		body of the municipality. Such documents may be copied upon
20		payment of the actual cost of reproduction during regular
21		business hours of the local office. The Agency shall issue a
22		written statement concurrent with its grant or denial of the
23		permit explaining the basis for its decision.
24		(f) In making any determination pursuant to Section 9.1 of
25		this Act:
26		(1) The Agency shall have authority to make the

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1		determination of any question required to be determined by
2		the Clean Air Act, as now or hereafter amended, this Act,
3		or the regulations of the Board, including the
4		determination of the Lowest Achievable Emission Rate,
5		Maximum Achievable Control Technology, or Best Available
6		Control Technology, consistent with the Board's
7		regulations, if any.
8		(2) The Agency shall adopt requirements as necessary
9		to implement public participation procedures, including,
10		but not limited to, public notice, comment, and an
11		opportunity for hearing, which must accompany the
12		processing of applications for PSD permits. The Agency
13		shall briefly describe and respond to all significant
14		comments on the draft permit raised during the public
15		comment period or during any hearing. The Agency may group
16		related comments together and provide one unified response
17		for each issue raised.
18		(3) Any complete permit application submitted to the
19		Agency under this subsection for a PSD permit shall be
20		granted or denied by the Agency not later than one year
21		after the filing of such completed application.
22		(4) The Agency shall, after conferring with the
23		applicant, give written notice to the applicant of its
24		proposed decision on the application, including the terms
25		and conditions of the permit to be issued and the facts,
26		conduct, or other basis upon which the Agency will rely to

HB5501 Engrossed - 1898 - LRB102 24698 AMC 33937 b
1		support its proposed action.
2		(g) The Agency shall include as conditions upon all
3		permits issued for hazardous waste disposal sites such
4		restrictions upon the future use of such sites as are
5		reasonably necessary to protect public health and the
6		environment, including permanent prohibition of the use of
7		such sites for purposes which may create an unreasonable risk
8		of injury to human health or to the environment. After
9		administrative and judicial challenges to such restrictions
10		have been exhausted, the Agency shall file such restrictions
11		of record in the Office of the Recorder of the county in which
12		the hazardous waste disposal site is located.
13		(h) A hazardous waste stream may not be deposited in a
14		permitted hazardous waste site unless specific authorization
15		is obtained from the Agency by the generator and disposal site
16		owner and operator for the deposit of that specific hazardous
17		waste stream. The Agency may grant specific authorization for
18		disposal of hazardous waste streams only after the generator
19		has reasonably demonstrated that, considering technological
20		feasibility and economic reasonableness, the hazardous waste
21		cannot be reasonably recycled for reuse, nor incinerated or
22		chemically, physically, or biologically treated so as to
23		neutralize the hazardous waste and render it nonhazardous. In
24		granting authorization under this Section, the Agency may
25		impose such conditions as may be necessary to accomplish the
26		purposes of the Act and are consistent with this Act and

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1		regulations promulgated by the Board hereunder. If the Agency
2		refuses to grant authorization under this Section, the
3		applicant may appeal as if the Agency refused to grant a
4		permit, pursuant to the provisions of subsection (a) of
5		Section 40 of this Act. For purposes of this subsection (h),
6		the term "generator" has the meaning given in Section 3.205 of
7		this Act, unless: (1) the hazardous waste is treated,
8		incinerated, or partially recycled for reuse prior to
9		disposal, in which case the last person who treats,
10		incinerates, or partially recycles the hazardous waste prior
11		to disposal is the generator; or (2) the hazardous waste is
12		from a response action, in which case the person performing
13		the response action is the generator. This subsection (h) does
14		not apply to any hazardous waste that is restricted from land
15		disposal under 35 Ill. Adm. Code 728.
16		(i) Before issuing any RCRA permit, any permit for a waste
17		storage site, sanitary landfill, waste disposal site, waste
18		transfer station, waste treatment facility, waste incinerator,
19		or any waste-transportation operation, any permit or interim
20		authorization for a clean construction or demolition debris
21		fill operation, or any permit required under subsection (d-5)
22		of Section 55, the Agency shall conduct an evaluation of the
23		prospective owner's or operator's prior experience in waste
24		management operations, clean construction or demolition debris
25		fill operations, and tire storage site management. The Agency
26		may deny such a permit, or deny or revoke interim

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1		authorization, if the prospective owner or operator or any
2		employee or officer of the prospective owner or operator has a
3		history of:
4		(1) repeated violations of federal, State, or local
5		laws, regulations, standards, or ordinances in the
6		operation of waste management facilities or sites, clean
7		construction or demolition debris fill operation
8		facilities or sites, or tire storage sites; or
9		(2) conviction in this or another State of any crime
10		which is a felony under the laws of this State, or
11		conviction of a felony in a federal court; or conviction
12		in this or another state or federal court of any of the
13		following crimes: forgery, official misconduct, bribery,
14		perjury, or knowingly submitting false information under
15		any environmental law, regulation, or permit term or
16		condition; or
17		(3) proof of gross carelessness or incompetence in
18		handling, storing, processing, transporting, or disposing
19		of waste, clean construction or demolition debris, or used
20		or waste tires, or proof of gross carelessness or
21		incompetence in using clean construction or demolition
22		debris as fill.
23		(i-5) Before issuing any permit or approving any interim
24		authorization for a clean construction or demolition debris
25		fill operation in which any ownership interest is transferred
26		between January 1, 2005, and the effective date of the

HB5501 Engrossed - 1901 - LRB102 24698 AMC 33937 b
1		prohibition set forth in Section 22.52 of this Act, the Agency
2		shall conduct an evaluation of the operation if any previous
3		activities at the site or facility may have caused or allowed
4		contamination of the site. It shall be the responsibility of
5		the owner or operator seeking the permit or interim
6		authorization to provide to the Agency all of the information
7		necessary for the Agency to conduct its evaluation. The Agency
8		may deny a permit or interim authorization if previous
9		activities at the site may have caused or allowed
10		contamination at the site, unless such contamination is
11		authorized under any permit issued by the Agency.
12		(j) The issuance under this Act of a permit to engage in
13		the surface mining of any resources other than fossil fuels
14		shall not relieve the permittee from its duty to comply with
15		any applicable local law regulating the commencement,
16		location, or operation of surface mining facilities.
17		(k) A development permit issued under subsection (a) of
18		Section 39 for any facility or site which is required to have a
19		permit under subsection (d) of Section 21 shall expire at the
20		end of 2 calendar years from the date upon which it was issued,
21		unless within that period the applicant has taken action to
22		develop the facility or the site. In the event that review of
23		the conditions of the development permit is sought pursuant to
24		Section 40 or 41, or permittee is prevented from commencing
25		development of the facility or site by any other litigation
26		beyond the permittee's control, such two-year period shall be

HB5501 Engrossed - 1902 - LRB102 24698 AMC 33937 b
1		deemed to begin on the date upon which such review process or
2		litigation is concluded.
3		(l) No permit shall be issued by the Agency under this Act
4		for construction or operation of any facility or site located
5		within the boundaries of any setback zone established pursuant
6		to this Act, where such construction or operation is
7		prohibited.
8		(m) The Agency may issue permits to persons owning or
9		operating a facility for composting landscape waste. In
10		granting such permits, the Agency may impose such conditions
11		as may be necessary to accomplish the purposes of this Act, and
12		as are not inconsistent with applicable regulations
13		promulgated by the Board. Except as otherwise provided in this
14		Act, a bond or other security shall not be required as a
15		condition for the issuance of a permit. If the Agency denies
16		any permit pursuant to this subsection, the Agency shall
17		transmit to the applicant within the time limitations of this
18		subsection specific, detailed statements as to the reasons the
19		permit application was denied. Such statements shall include
20		but not be limited to the following:
21		(1) the Sections of this Act that may be violated if
22		the permit were granted;
23		(2) the specific regulations promulgated pursuant to
24		this Act that may be violated if the permit were granted;
25		(3) the specific information, if any, the Agency deems
26		the applicant did not provide in its application to the

HB5501 Engrossed - 1903 - LRB102 24698 AMC 33937 b
1		Agency; and
2		(4) a statement of specific reasons why the Act and
3		the regulations might be violated if the permit were
4		granted.
5		If no final action is taken by the Agency within 90 days
6		after the filing of the application for permit, the applicant
7		may deem the permit issued. Any applicant for a permit may
8		waive the 90-day limitation by filing a written statement with
9		the Agency.
10		The Agency shall issue permits for such facilities upon
11		receipt of an application that includes a legal description of
12		the site, a topographic map of the site drawn to the scale of
13		200 feet to the inch or larger, a description of the operation,
14		including the area served, an estimate of the volume of
15		materials to be processed, and documentation that:
16		(1) the facility includes a setback of at least 200
17		feet from the nearest potable water supply well;
18		(2) the facility is located outside the boundary of
19		the 10-year floodplain or the site will be floodproofed;
20		(3) the facility is located so as to minimize
21		incompatibility with the character of the surrounding
22		area, including at least a 200 foot setback from any
23		residence, and in the case of a facility that is developed
24		or the permitted composting area of which is expanded
25		after November 17, 1991, the composting area is located at
26		least 1/8 mile from the nearest residence (other than a

HB5501 Engrossed - 1904 - LRB102 24698 AMC 33937 b
1		residence located on the same property as the facility);
2		(4) the design of the facility will prevent any
3		compost material from being placed within 5 feet of the
4		water table, will adequately control runoff from the site,
5		and will collect and manage any leachate that is generated
6		on the site;
7		(5) the operation of the facility will include
8		appropriate dust and odor control measures, limitations on
9		operating hours, appropriate noise control measures for
10		shredding, chipping and similar equipment, management
11		procedures for composting, containment and disposal of
12		non-compostable wastes, procedures to be used for
13		terminating operations at the site, and recordkeeping
14		sufficient to document the amount of materials received,
15		composted, and otherwise disposed of; and
16		(6) the operation will be conducted in accordance with
17		any applicable rules adopted by the Board.
18		The Agency shall issue renewable permits of not longer
19		than 10 years in duration for the composting of landscape
20		wastes, as defined in Section 3.155 of this Act, based on the
21		above requirements.
22		The operator of any facility permitted under this
23		subsection (m) must submit a written annual statement to the
24		Agency on or before April 1 of each year that includes an
25		estimate of the amount of material, in tons, received for
26		composting.

HB5501 Engrossed - 1905 - LRB102 24698 AMC 33937 b
1		(n) The Agency shall issue permits jointly with the
2		Department of Transportation for the dredging or deposit of
3		material in Lake Michigan in accordance with Section 18 of the
4		Rivers, Lakes, and Streams Act.
5		(o) (Blank).)
6		(p) (1) Any person submitting an application for a permit
7		for a new MSWLF unit or for a lateral expansion under
8		subsection (t) of Section 21 of this Act for an existing MSWLF
9		unit that has not received and is not subject to local siting
10		approval under Section 39.2 of this Act shall publish notice
11		of the application in a newspaper of general circulation in
12		the county in which the MSWLF unit is or is proposed to be
13		located. The notice must be published at least 15 days before
14		submission of the permit application to the Agency. The notice
15		shall state the name and address of the applicant, the
16		location of the MSWLF unit or proposed MSWLF unit, the nature
17		and size of the MSWLF unit or proposed MSWLF unit, the nature
18		of the activity proposed, the probable life of the proposed
19		activity, the date the permit application will be submitted,
20		and a statement that persons may file written comments with
21		the Agency concerning the permit application within 30 days
22		after the filing of the permit application unless the time
23		period to submit comments is extended by the Agency.
24		When a permit applicant submits information to the Agency
25		to supplement a permit application being reviewed by the
26		Agency, the applicant shall not be required to reissue the

HB5501 Engrossed - 1906 - LRB102 24698 AMC 33937 b
1		notice under this subsection.
2		(2) The Agency shall accept written comments concerning
3		the permit application that are postmarked no later than 30
4		days after the filing of the permit application, unless the
5		time period to accept comments is extended by the Agency.
6		(3) Each applicant for a permit described in part (1) of
7		this subsection shall file a copy of the permit application
8		with the county board or governing body of the municipality in
9		which the MSWLF unit is or is proposed to be located at the
10		same time the application is submitted to the Agency. The
11		permit application filed with the county board or governing
12		body of the municipality shall include all documents submitted
13		to or to be submitted to the Agency, except trade secrets as
14		determined under Section 7.1 of this Act. The permit
15		application and other documents on file with the county board
16		or governing body of the municipality shall be made available
17		for public inspection during regular business hours at the
18		office of the county board or the governing body of the
19		municipality and may be copied upon payment of the actual cost
20		of reproduction.
21		(q) Within 6 months after July 12, 2011 (the effective
22		date of Public Act 97-95), the Agency, in consultation with
23		the regulated community, shall develop a web portal to be
24		posted on its website for the purpose of enhancing review and
25		promoting timely issuance of permits required by this Act. At
26		a minimum, the Agency shall make the following information

HB5501 Engrossed - 1907 - LRB102 24698 AMC 33937 b
1		available on the web portal:
2		(1) Checklists and guidance relating to the completion
3		of permit applications, developed pursuant to subsection
4		(s) of this Section, which may include, but are not
5		limited to, existing instructions for completing the
6		applications and examples of complete applications. As the
7		Agency develops new checklists and develops guidance, it
8		shall supplement the web portal with those materials.
9		(2) Within 2 years after July 12, 2011 (the effective
10		date of Public Act 97-95), permit application forms or
11		portions of permit applications that can be completed and
12		saved electronically, and submitted to the Agency
13		electronically with digital signatures.
14		(3) Within 2 years after July 12, 2011 (the effective
15		date of Public Act 97-95), an online tracking system where
16		an applicant may review the status of its pending
17		application, including the name and contact information of
18		the permit analyst assigned to the application. Until the
19		online tracking system has been developed, the Agency
20		shall post on its website semi-annual permitting
21		efficiency tracking reports that include statistics on the
22		timeframes for Agency action on the following types of
23		permits received after July 12, 2011 (the effective date
24		of Public Act 97-95): air construction permits, new NPDES
25		permits and associated water construction permits, and
26		modifications of major NPDES permits and associated water

HB5501 Engrossed - 1908 - LRB102 24698 AMC 33937 b
1		construction permits. The reports must be posted by
2		February 1 and August 1 each year and shall include:
3		(A) the number of applications received for each
4		type of permit, the number of applications on which
5		the Agency has taken action, and the number of
6		applications still pending; and
7		(B) for those applications where the Agency has
8		not taken action in accordance with the timeframes set
9		forth in this Act, the date the application was
10		received and the reasons for any delays, which may
11		include, but shall not be limited to, (i) the
12		application being inadequate or incomplete, (ii)
13		scientific or technical disagreements with the
14		applicant, USEPA, or other local, state, or federal
15		agencies involved in the permitting approval process,
16		(iii) public opposition to the permit, or (iv) Agency
17		staffing shortages. To the extent practicable, the
18		tracking report shall provide approximate dates when
19		cause for delay was identified by the Agency, when the
20		Agency informed the applicant of the problem leading
21		to the delay, and when the applicant remedied the
22		reason for the delay.
23		(r) Upon the request of the applicant, the Agency shall
24		notify the applicant of the permit analyst assigned to the
25		application upon its receipt.
26		(s) The Agency is authorized to prepare and distribute

HB5501 Engrossed - 1909 - LRB102 24698 AMC 33937 b
1		guidance documents relating to its administration of this
2		Section and procedural rules implementing this Section.
3		Guidance documents prepared under this subsection shall not be
4		considered rules and shall not be subject to the Illinois
5		Administrative Procedure Act. Such guidance shall not be
6		binding on any party.
7		(t) Except as otherwise prohibited by federal law or
8		regulation, any person submitting an application for a permit
9		may include with the application suggested permit language for
10		Agency consideration. The Agency is not obligated to use the
11		suggested language or any portion thereof in its permitting
12		decision. If requested by the permit applicant, the Agency
13		shall meet with the applicant to discuss the suggested
14		language.
15		(u) If requested by the permit applicant, the Agency shall
16		provide the permit applicant with a copy of the draft permit
17		prior to any public review period.
18		(v) If requested by the permit applicant, the Agency shall
19		provide the permit applicant with a copy of the final permit
20		prior to its issuance.
21		(w) An air pollution permit shall not be required due to
22		emissions of greenhouse gases, as specified by Section 9.15 of
23		this Act.
24		(x) If, before the expiration of a State operating permit
25		that is issued pursuant to subsection (a) of this Section and
26		contains federally enforceable conditions limiting the

HB5501 Engrossed - 1910 - LRB102 24698 AMC 33937 b
1		potential to emit of the source to a level below the major
2		source threshold for that source so as to exclude the source
3		from the Clean Air Act Permit Program, the Agency receives a
4		complete application for the renewal of that permit, then all
5		of the terms and conditions of the permit shall remain in
6		effect until final administrative action has been taken on the
7		application for the renewal of the permit.
8		(y) The Agency may issue permits exclusively under this
9		subsection to persons owning or operating a CCR surface
10		impoundment subject to Section 22.59.
11		(z) If a mass animal mortality event is declared by the
12		Department of Agriculture in accordance with the Animal
13		Mortality Act:
14		(1) the owner or operator responsible for the disposal
15		of dead animals is exempted from the following:
16		(i) obtaining a permit for the construction,
17		installation, or operation of any type of facility or
18		equipment issued in accordance with subsection (a) of
19		this Section;
20		(ii) obtaining a permit for open burning in
21		accordance with the rules adopted by the Board; and
22		(iii) registering the disposal of dead animals as
23		an eligible small source with the Agency in accordance
24		with Section 9.14 of this Act;
25		(2) as applicable, the owner or operator responsible
26		for the disposal of dead animals is required to obtain the

HB5501 Engrossed - 1911 - LRB102 24698 AMC 33937 b
1		following permits:
2		(i) an NPDES permit in accordance with subsection
3		(b) of this Section;
4		(ii) a PSD permit or an NA NSR permit in accordance
5		with Section 9.1 of this Act;
6		(iii) a lifetime State operating permit or a
7		federally enforceable State operating permit, in
8		accordance with subsection (a) of this Section; or
9		(iv) a CAAPP permit, in accordance with Section
10		39.5 of this Act.
11		All CCR surface impoundment permits shall contain those
12		terms and conditions, including, but not limited to, schedules
13		of compliance, which may be required to accomplish the
14		purposes and provisions of this Act, Board regulations, the
15		Illinois Groundwater Protection Act and regulations pursuant
16		thereto, and the Resource Conservation and Recovery Act and
17		regulations pursuant thereto, and may include schedules for
18		achieving compliance therewith as soon as possible.
19		The Board shall adopt filing requirements and procedures
20		that are necessary and appropriate for the issuance of CCR
21		surface impoundment permits and that are consistent with this
22		Act or regulations adopted by the Board, and with the RCRA, as
23		amended, and regulations pursuant thereto.
24		The applicant shall make available to the public for
25		inspection all documents submitted by the applicant to the
26		Agency in furtherance of an application, with the exception of

HB5501 Engrossed - 1912 - LRB102 24698 AMC 33937 b
1		trade secrets, on its public internet website as well as at the
2		office of the county board or governing body of the
3		municipality where CCR from the CCR surface impoundment will
4		be permanently disposed. Such documents may be copied upon
5		payment of the actual cost of reproduction during regular
6		business hours of the local office.
7		The Agency shall issue a written statement concurrent with
8		its grant or denial of the permit explaining the basis for its
9		decision.
10		(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
11		102-558, eff. 8-20-21; revised 12-1-21.)
12		Section 550. The Electric Vehicle Rebate Act is amended by
13		changing Section 15 as follows:
14		(415 ILCS 120/15)
15		Sec. 15. Rulemaking. The Agency shall promulgate rules as
16		necessary and dedicate sufficient resources to implement
17		Section 27 of this Act. Such rules shall be consistent with
18		applicable provisions of the Clean Air Act and any regulations
19		promulgated pursuant thereto. The Secretary of State may
20		promulgate rules to implement Section 35 of this Act. Agency
21		(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21;
22		revised 10-14-21.)
23		Section 555. The Firearm Owners Identification Card Act is

HB5501 Engrossed - 1913 - LRB102 24698 AMC 33937 b
1		amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 8, 8.3, 9.5,
2		10, 11, and 13.2 as follows:
3		(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
4		Sec. 1.1. For purposes of this Act:
5		"Addicted to narcotics" means a person who has been:
6		(1) convicted of an offense involving the use or
7		possession of cannabis, a controlled substance, or
8		methamphetamine within the past year; or
9		(2) determined by the Illinois State Police to be
10		addicted to narcotics based upon federal law or federal
11		guidelines.
12		"Addicted to narcotics" does not include possession or use
13		of a prescribed controlled substance under the direction and
14		authority of a physician or other person authorized to
15		prescribe the controlled substance when the controlled
16		substance is used in the prescribed manner.
17		"Adjudicated as a person with a mental disability" means
18		the person is the subject of a determination by a court, board,
19		commission or other lawful authority that the person, as a
20		result of marked subnormal intelligence, or mental illness,
21		mental impairment, incompetency, condition, or disease:
22		(1) presents a clear and present danger to himself,
23		herself, or to others;
24		(2) lacks the mental capacity to manage his or her own
25		affairs or is adjudicated a person with a disability as

HB5501 Engrossed - 1914 - LRB102 24698 AMC 33937 b
1		defined in Section 11a-2 of the Probate Act of 1975;
2		(3) is not guilty in a criminal case by reason of
3		insanity, mental disease or defect;
4		(3.5) is guilty but mentally ill, as provided in
5		Section 5-2-6 of the Unified Code of Corrections;
6		(4) is incompetent to stand trial in a criminal case;
7		(5) is not guilty by reason of lack of mental
8		responsibility under Articles 50a and 72b of the Uniform
9		Code of Military Justice, 10 U.S.C. 850a, 876b;
10		(6) is a sexually violent person under subsection (f)
11		of Section 5 of the Sexually Violent Persons Commitment
12		Act;
13		(7) is a sexually dangerous person under the Sexually
14		Dangerous Persons Act;
15		(8) is unfit to stand trial under the Juvenile Court
16		Act of 1987;
17		(9) is not guilty by reason of insanity under the
18		Juvenile Court Act of 1987;
19		(10) is subject to involuntary admission as an
20		inpatient as defined in Section 1-119 of the Mental Health
21		and Developmental Disabilities Code;
22		(11) is subject to involuntary admission as an
23		outpatient as defined in Section 1-119.1 of the Mental
24		Health and Developmental Disabilities Code;
25		(12) is subject to judicial admission as set forth in
26		Section 4-500 of the Mental Health and Developmental

HB5501 Engrossed - 1915 - LRB102 24698 AMC 33937 b
1		Disabilities Code; or
2		(13) is subject to the provisions of the Interstate
3		Agreements on Sexually Dangerous Persons Act.
4		"Clear and present danger" means a person who:
5		(1) communicates a serious threat of physical violence
6		against a reasonably identifiable victim or poses a clear
7		and imminent risk of serious physical injury to himself,
8		herself, or another person as determined by a physician,
9		clinical psychologist, or qualified examiner; or
10		(2) demonstrates threatening physical or verbal
11		behavior, such as violent, suicidal, or assaultive
12		threats, actions, or other behavior, as determined by a
13		physician, clinical psychologist, qualified examiner,
14		school administrator, or law enforcement official.
15		"Clinical psychologist" has the meaning provided in
16		Section 1-103 of the Mental Health and Developmental
17		Disabilities Code.
18		"Controlled substance" means a controlled substance or
19		controlled substance analog as defined in the Illinois
20		Controlled Substances Act.
21		"Counterfeit" means to copy or imitate, without legal
22		authority, with intent to deceive.
23		"Federally licensed firearm dealer" means a person who is
24		licensed as a federal firearms dealer under Section 923 of the
25		federal Gun Control Act of 1968 (18 U.S.C. 923).
26		"Firearm" means any device, by whatever name known, which

HB5501 Engrossed - 1916 - LRB102 24698 AMC 33937 b
1		is designed to expel a projectile or projectiles by the action
2		of an explosion, expansion of gas or escape of gas; excluding,
3		however:
4		(1) any pneumatic gun, spring gun, paint ball gun, or
5		B-B gun which expels a single globular projectile not
6		exceeding .18 inch in diameter or which has a maximum
7		muzzle velocity of less than 700 feet per second;
8		(1.1) any pneumatic gun, spring gun, paint ball gun,
9		or B-B gun which expels breakable paint balls containing
10		washable marking colors;
11		(2) any device used exclusively for signaling or
12		safety and required or recommended by the United States
13		Coast Guard or the Interstate Commerce Commission;
14		(3) any device used exclusively for the firing of stud
15		cartridges, explosive rivets or similar industrial
16		ammunition; and
17		(4) an antique firearm (other than a machine-gun)
18		which, although designed as a weapon, the Illinois State
19		Police finds by reason of the date of its manufacture,
20		value, design, and other characteristics is primarily a
21		collector's item and is not likely to be used as a weapon.
22		"Firearm ammunition" means any self-contained cartridge or
23		shotgun shell, by whatever name known, which is designed to be
24		used or adaptable to use in a firearm; excluding, however:
25		(1) any ammunition exclusively designed for use with a
26		device used exclusively for signaling signalling or safety

HB5501 Engrossed - 1917 - LRB102 24698 AMC 33937 b
1		and required or recommended by the United States Coast
2		Guard or the Interstate Commerce Commission; and
3		(2) any ammunition designed exclusively for use with a
4		stud or rivet driver or other similar industrial
5		ammunition.
6		"Gun show" means an event or function:
7		(1) at which the sale and transfer of firearms is the
8		regular and normal course of business and where 50 or more
9		firearms are displayed, offered, or exhibited for sale,
10		transfer, or exchange; or
11		(2) at which not less than 10 gun show vendors
12		display, offer, or exhibit for sale, sell, transfer, or
13		exchange firearms.
14		"Gun show" includes the entire premises provided for an
15		event or function, including parking areas for the event or
16		function, that is sponsored to facilitate the purchase, sale,
17		transfer, or exchange of firearms as described in this
18		Section. Nothing in this definition shall be construed to
19		exclude a gun show held in conjunction with competitive
20		shooting events at the World Shooting Complex sanctioned by a
21		national governing body in which the sale or transfer of
22		firearms is authorized under subparagraph (5) of paragraph (g)
23		of subsection (A) of Section 24-3 of the Criminal Code of 2012.
24		Unless otherwise expressly stated, "gun show" does not
25		include training or safety classes, competitive shooting
26		events, such as rifle, shotgun, or handgun matches, trap,

HB5501 Engrossed - 1918 - LRB102 24698 AMC 33937 b
1		skeet, or sporting clays shoots, dinners, banquets, raffles,
2		or any other event where the sale or transfer of firearms is
3		not the primary course of business.
4		"Gun show promoter" means a person who organizes or
5		operates a gun show.
6		"Gun show vendor" means a person who exhibits, sells,
7		offers for sale, transfers, or exchanges any firearms at a gun
8		show, regardless of whether the person arranges with a gun
9		show promoter for a fixed location from which to exhibit,
10		sell, offer for sale, transfer, or exchange any firearm.
11		"Involuntarily admitted" has the meaning as prescribed in
12		Sections 1-119 and 1-119.1 of the Mental Health and
13		Developmental Disabilities Code.
14		"Mental health facility" means any licensed private
15		hospital or hospital affiliate, institution, or facility, or
16		part thereof, and any facility, or part thereof, operated by
17		the State or a political subdivision thereof which provides
18		provide treatment of persons with mental illness and includes
19		all hospitals, institutions, clinics, evaluation facilities,
20		mental health centers, colleges, universities, long-term care
21		facilities, and nursing homes, or parts thereof, which provide
22		treatment of persons with mental illness whether or not the
23		primary purpose is to provide treatment of persons with mental
24		illness.
25		"National governing body" means a group of persons who
26		adopt rules and formulate policy on behalf of a national

HB5501 Engrossed - 1919 - LRB102 24698 AMC 33937 b
1		firearm sporting organization.
2		"Patient" means:
3		(1) a person who is admitted as an inpatient or
4		resident of a public or private mental health facility for
5		mental health treatment under Chapter III of the Mental
6		Health and Developmental Disabilities Code as an informal
7		admission, a voluntary admission, a minor admission, an
8		emergency admission, or an involuntary admission, unless
9		the treatment was solely for an alcohol abuse disorder; or
10		(2) a person who voluntarily or involuntarily receives
11		mental health treatment as an out-patient or is otherwise
12		provided services by a public or private mental health
13		facility, and who poses a clear and present danger to
14		himself, herself, or to others.
15		"Person with a developmental disability" means a person
16		with a disability which is attributable to any other condition
17		which results in impairment similar to that caused by an
18		intellectual disability and which requires services similar to
19		those required by persons with intellectual disabilities. The
20		disability must originate before the age of 18 years, be
21		expected to continue indefinitely, and constitute a
22		substantial disability. This disability results, in the
23		professional opinion of a physician, clinical psychologist, or
24		qualified examiner, in significant functional limitations in 3
25		or more of the following areas of major life activity:
26		(i) self-care;

HB5501 Engrossed - 1920 - LRB102 24698 AMC 33937 b
1		(ii) receptive and expressive language;
2		(iii) learning;
3		(iv) mobility; or
4		(v) self-direction.
5		"Person with an intellectual disability" means a person
6		with a significantly subaverage general intellectual
7		functioning which exists concurrently with impairment in
8		adaptive behavior and which originates before the age of 18
9		years.
10		"Physician" has the meaning as defined in Section 1-120 of
11		the Mental Health and Developmental Disabilities Code.
12		"Protective order" means any orders of protection issued
13		under the Illinois Domestic Violence Act of 1986, stalking no
14		contact orders issued under the Stalking No Contact Order Act,
15		civil no contact orders issued under the Civil No Contact
16		Order Act, and firearms restraining orders issued under the
17		Firearms Restraining Order Act.
18		"Qualified examiner" has the meaning provided in Section
19		1-122 of the Mental Health and Developmental Disabilities
20		Code.
21		"Sanctioned competitive shooting event" means a shooting
22		contest officially recognized by a national or state shooting
23		sport association, and includes any sight-in or practice
24		conducted in conjunction with the event.
25		"School administrator" means the person required to report
26		under the School Administrator Reporting of Mental Health

HB5501 Engrossed - 1921 - LRB102 24698 AMC 33937 b
1		Clear and Present Danger Determinations Law.
2		"Stun gun or taser" has the meaning ascribed to it in
3		Section 24-1 of the Criminal Code of 2012.
4		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
5		revised 10-6-21.)
6		(430 ILCS 65/3) (from Ch. 38, par. 83-3)
7		(Text of Section before amendment by P.A. 102-237)
8		Sec. 3. (a) Except as provided in Section 3a, no person may
9		knowingly transfer, or cause to be transferred, any firearm,
10		firearm ammunition, stun gun, or taser to any person within
11		this State unless the transferee with whom he deals displays
12		either: (1) a currently valid Firearm Owner's Identification
13		Card which has previously been issued in his or her name by the
14		Illinois State Police under the provisions of this Act; or (2)
15		a currently valid license to carry a concealed firearm which
16		has previously been issued in his or her name by the Illinois
17		State Police under the Firearm Concealed Carry Act. In
18		addition, all firearm, stun gun, and taser transfers by
19		federally licensed firearm dealers are subject to Section 3.1.
20		(a-5) Any person who is not a federally licensed firearm
21		dealer and who desires to transfer or sell a firearm while that
22		person is on the grounds of a gun show must, before selling or
23		transferring the firearm, request the Illinois State Police to
24		conduct a background check on the prospective recipient of the
25		firearm in accordance with Section 3.1.

HB5501 Engrossed - 1922 - LRB102 24698 AMC 33937 b
1		(a-10) Notwithstanding item (2) of subsection (a) of this
2		Section, any person who is not a federally licensed firearm
3		dealer and who desires to transfer or sell a firearm or
4		firearms to any person who is not a federally licensed firearm
5		dealer shall, before selling or transferring the firearms,
6		contact the Illinois State Police with the transferee's or
7		purchaser's Firearm Owner's Identification Card number to
8		determine the validity of the transferee's or purchaser's
9		Firearm Owner's Identification Card. This subsection shall not
10		be effective until January 1, 2014. The Illinois State Police
11		may adopt rules concerning the implementation of this
12		subsection. The Illinois State Police shall provide the seller
13		or transferor an approval number if the purchaser's Firearm
14		Owner's Identification Card is valid. Approvals issued by the
15		Illinois State Police Department for the purchase of a firearm
16		pursuant to this subsection are valid for 30 days from the date
17		of issue.
18		(a-15) The provisions of subsection (a-10) of this Section
19		do not apply to:
20		(1) transfers that occur at the place of business of a
21		federally licensed firearm dealer, if the federally
22		licensed firearm dealer conducts a background check on the
23		prospective recipient of the firearm in accordance with
24		Section 3.1 of this Act and follows all other applicable
25		federal, State, and local laws as if he or she were the
26		seller or transferor of the firearm, although the dealer

HB5501 Engrossed - 1923 - LRB102 24698 AMC 33937 b
1		is not required to accept the firearm into his or her
2		inventory. The purchaser or transferee may be required by
3		the federally licensed firearm dealer to pay a fee not to
4		exceed $10 per firearm, which the dealer may retain as
5		compensation for performing the functions required under
6		this paragraph, plus the applicable fees authorized by
7		Section 3.1;
8		(2) transfers as a bona fide gift to the transferor's
9		husband, wife, son, daughter, stepson, stepdaughter,
10		father, mother, stepfather, stepmother, brother, sister,
11		nephew, niece, uncle, aunt, grandfather, grandmother,
12		grandson, granddaughter, father-in-law, mother-in-law,
13		son-in-law, or daughter-in-law;
14		(3) transfers by persons acting pursuant to operation
15		of law or a court order;
16		(4) transfers on the grounds of a gun show under
17		subsection (a-5) of this Section;
18		(5) the delivery of a firearm by its owner to a
19		gunsmith for service or repair, the return of the firearm
20		to its owner by the gunsmith, or the delivery of a firearm
21		by a gunsmith to a federally licensed firearms dealer for
22		service or repair and the return of the firearm to the
23		gunsmith;
24		(6) temporary transfers that occur while in the home
25		of the unlicensed transferee, if the unlicensed transferee
26		is not otherwise prohibited from possessing firearms and

HB5501 Engrossed - 1924 - LRB102 24698 AMC 33937 b
1		the unlicensed transferee reasonably believes that
2		possession of the firearm is necessary to prevent imminent
3		death or great bodily harm to the unlicensed transferee;
4		(7) transfers to a law enforcement or corrections
5		agency or a law enforcement or corrections officer acting
6		within the course and scope of his or her official duties;
7		(8) transfers of firearms that have been rendered
8		permanently inoperable to a nonprofit historical society,
9		museum, or institutional collection; and
10		(9) transfers to a person who is exempt from the
11		requirement of possessing a Firearm Owner's Identification
12		Card under Section 2 of this Act.
13		(a-20) The Illinois State Police shall develop an
14		Internet-based system for individuals to determine the
15		validity of a Firearm Owner's Identification Card prior to the
16		sale or transfer of a firearm. The Illinois State Police
17		Department shall have the Internet-based system completed and
18		available for use by July 1, 2015. The Illinois State Police
19		Department shall adopt rules not inconsistent with this
20		Section to implement this system.
21		(b) Any person within this State who transfers or causes
22		to be transferred any firearm, stun gun, or taser shall keep a
23		record of such transfer for a period of 10 years from the date
24		of transfer. Such record shall contain the date of the
25		transfer; the description, serial number or other information
26		identifying the firearm, stun gun, or taser if no serial

HB5501 Engrossed - 1925 - LRB102 24698 AMC 33937 b
1		number is available; and, if the transfer was completed within
2		this State, the transferee's Firearm Owner's Identification
3		Card number and any approval number or documentation provided
4		by the Illinois State Police pursuant to subsection (a-10) of
5		this Section; if the transfer was not completed within this
6		State, the record shall contain the name and address of the
7		transferee. On or after January 1, 2006, the record shall
8		contain the date of application for transfer of the firearm.
9		On demand of a peace officer such transferor shall produce for
10		inspection such record of transfer. If the transfer or sale
11		took place at a gun show, the record shall include the unique
12		identification number. Failure to record the unique
13		identification number or approval number is a petty offense.
14		For transfers of a firearm, stun gun, or taser made on or after
15		January 18, 2019 (the effective date of Public Act 100-1178)
16		this amendatory Act of the 100th General Assembly, failure by
17		the private seller to maintain the transfer records in
18		accordance with this Section is a Class A misdemeanor for the
19		first offense and a Class 4 felony for a second or subsequent
20		offense. A transferee shall not be criminally liable under
21		this Section provided that he or she provides the Illinois
22		State Police with the transfer records in accordance with
23		procedures established by the Illinois State Police
24		Department. The Illinois State Police Department shall
25		establish, by rule, a standard form on its website.
26		(b-5) Any resident may purchase ammunition from a person

HB5501 Engrossed - 1926 - LRB102 24698 AMC 33937 b
1		within or outside of Illinois if shipment is by United States
2		mail or by a private express carrier authorized by federal law
3		to ship ammunition. Any resident purchasing ammunition within
4		or outside the State of Illinois must provide the seller with a
5		copy of his or her valid Firearm Owner's Identification Card
6		or valid concealed carry license and either his or her
7		Illinois driver's license or Illinois State Identification
8		Card prior to the shipment of the ammunition. The ammunition
9		may be shipped only to an address on either of those 2
10		documents.
11		(c) The provisions of this Section regarding the transfer
12		of firearm ammunition shall not apply to those persons
13		specified in paragraph (b) of Section 2 of this Act.
14		(Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.)
15		(Text of Section after amendment by P.A. 102-237)
16		Sec. 3. (a) Except as provided in Section 3a, no person may
17		knowingly transfer, or cause to be transferred, any firearm,
18		firearm ammunition, stun gun, or taser to any person within
19		this State unless the transferee with whom he deals displays
20		either: (1) a currently valid Firearm Owner's Identification
21		Card which has previously been issued in his or her name by the
22		Illinois State Police under the provisions of this Act; or (2)
23		a currently valid license to carry a concealed firearm which
24		has previously been issued in his or her name by the Illinois
25		State Police under the Firearm Concealed Carry Act. In

HB5501 Engrossed - 1927 - LRB102 24698 AMC 33937 b
1		addition, all firearm, stun gun, and taser transfers by
2		federally licensed firearm dealers are subject to Section 3.1.
3		(a-5) Any person who is not a federally licensed firearm
4		dealer and who desires to transfer or sell a firearm while that
5		person is on the grounds of a gun show must, before selling or
6		transferring the firearm, request the Illinois State Police to
7		conduct a background check on the prospective recipient of the
8		firearm in accordance with Section 3.1.
9		(a-10) Notwithstanding item (2) of subsection (a) of this
10		Section, any person who is not a federally licensed firearm
11		dealer and who desires to transfer or sell a firearm or
12		firearms to any person who is not a federally licensed firearm
13		dealer shall, before selling or transferring the firearms,
14		contact a federal firearm license dealer under paragraph (1)
15		of subsection (a-15) of this Section to conduct the transfer
16		or the Illinois State Police with the transferee's or
17		purchaser's Firearm Owner's Identification Card number to
18		determine the validity of the transferee's or purchaser's
19		Firearm Owner's Identification Card under State and federal
20		law, including the National Instant Criminal Background Check
21		System. This subsection shall not be effective until January
22		1, 2024. Until that date the transferor shall contact the
23		Illinois State Police with the transferee's or purchaser's
24		Firearm Owner's Identification Card number to determine the
25		validity of the card. The Illinois State Police may adopt
26		rules concerning the implementation of this subsection. The

HB5501 Engrossed - 1928 - LRB102 24698 AMC 33937 b
1		Illinois State Police shall provide the seller or transferor
2		an approval number if the purchaser's Firearm Owner's
3		Identification Card is valid. Approvals issued by the Illinois
4		State Police Department for the purchase of a firearm pursuant
5		to this subsection are valid for 30 days from the date of
6		issue.
7		(a-15) The provisions of subsection (a-10) of this Section
8		do not apply to:
9		(1) transfers that occur at the place of business of a
10		federally licensed firearm dealer, if the federally
11		licensed firearm dealer conducts a background check on the
12		prospective recipient of the firearm in accordance with
13		Section 3.1 of this Act and follows all other applicable
14		federal, State, and local laws as if he or she were the
15		seller or transferor of the firearm, although the dealer
16		is not required to accept the firearm into his or her
17		inventory. The purchaser or transferee may be required by
18		the federally licensed firearm dealer to pay a fee not to
19		exceed $25 per firearm, which the dealer may retain as
20		compensation for performing the functions required under
21		this paragraph, plus the applicable fees authorized by
22		Section 3.1;
23		(2) transfers as a bona fide gift to the transferor's
24		husband, wife, son, daughter, stepson, stepdaughter,
25		father, mother, stepfather, stepmother, brother, sister,
26		nephew, niece, uncle, aunt, grandfather, grandmother,

HB5501 Engrossed - 1929 - LRB102 24698 AMC 33937 b
1		grandson, granddaughter, father-in-law, mother-in-law,
2		son-in-law, or daughter-in-law;
3		(3) transfers by persons acting pursuant to operation
4		of law or a court order;
5		(4) transfers on the grounds of a gun show under
6		subsection (a-5) of this Section;
7		(5) the delivery of a firearm by its owner to a
8		gunsmith for service or repair, the return of the firearm
9		to its owner by the gunsmith, or the delivery of a firearm
10		by a gunsmith to a federally licensed firearms dealer for
11		service or repair and the return of the firearm to the
12		gunsmith;
13		(6) temporary transfers that occur while in the home
14		of the unlicensed transferee, if the unlicensed transferee
15		is not otherwise prohibited from possessing firearms and
16		the unlicensed transferee reasonably believes that
17		possession of the firearm is necessary to prevent imminent
18		death or great bodily harm to the unlicensed transferee;
19		(7) transfers to a law enforcement or corrections
20		agency or a law enforcement or corrections officer acting
21		within the course and scope of his or her official duties;
22		(8) transfers of firearms that have been rendered
23		permanently inoperable to a nonprofit historical society,
24		museum, or institutional collection; and
25		(9) transfers to a person who is exempt from the
26		requirement of possessing a Firearm Owner's Identification

HB5501 Engrossed - 1930 - LRB102 24698 AMC 33937 b
1		Card under Section 2 of this Act.
2		(a-20) The Illinois State Police shall develop an
3		Internet-based system for individuals to determine the
4		validity of a Firearm Owner's Identification Card prior to the
5		sale or transfer of a firearm. The Illinois State Police
6		Department shall have the Internet-based system updated and
7		available for use by January 1, 2024. The Illinois State
8		Police shall adopt rules not inconsistent with this Section to
9		implement this system; but no rule shall allow the Illinois
10		State Police to retain records in contravention of State and
11		federal law.
12		(a-25) On or before January 1, 2022, the Illinois State
13		Police shall develop an Internet-based system upon which the
14		serial numbers of firearms that have been reported stolen are
15		available for public access for individuals to ensure any
16		firearms are not reported stolen prior to the sale or transfer
17		of a firearm under this Section. The Illinois State Police
18		shall have the Internet-based system completed and available
19		for use by July 1, 2022. The Illinois State Police Department
20		shall adopt rules not inconsistent with this Section to
21		implement this system.
22		(b) Any person within this State who transfers or causes
23		to be transferred any firearm, stun gun, or taser shall keep a
24		record of such transfer for a period of 10 years from the date
25		of transfer. Any person within this State who receives any
26		firearm, stun gun, or taser pursuant to subsection (a-10)

HB5501 Engrossed - 1931 - LRB102 24698 AMC 33937 b
1		shall provide a record of the transfer within 10 days of the
2		transfer to a federally licensed firearm dealer and shall not
3		be required to maintain a transfer record. The federally
4		licensed firearm dealer shall maintain the transfer record for
5		20 years from the date of receipt. A federally licensed
6		firearm dealer may charge a fee not to exceed $25 to retain the
7		record. The record shall be provided and maintained in either
8		an electronic or paper format. The federally licensed firearm
9		dealer shall not be liable for the accuracy of any information
10		in the transfer record submitted pursuant to this Section.
11		Such records shall contain the date of the transfer; the
12		description, serial number or other information identifying
13		the firearm, stun gun, or taser if no serial number is
14		available; and, if the transfer was completed within this
15		State, the transferee's Firearm Owner's Identification Card
16		number and any approval number or documentation provided by
17		the Illinois State Police pursuant to subsection (a-10) of
18		this Section; if the transfer was not completed within this
19		State, the record shall contain the name and address of the
20		transferee. On or after January 1, 2006, the record shall
21		contain the date of application for transfer of the firearm.
22		On demand of a peace officer such transferor shall produce for
23		inspection such record of transfer. For any transfer pursuant
24		to subsection (a-10) of this Section, on the demand of a peace
25		officer, such transferee shall identify the federally licensed
26		firearm dealer maintaining the transfer record. If the

HB5501 Engrossed - 1932 - LRB102 24698 AMC 33937 b
1		transfer or sale took place at a gun show, the record shall
2		include the unique identification number. Failure to record
3		the unique identification number or approval number is a petty
4		offense. For transfers of a firearm, stun gun, or taser made on
5		or after January 18, 2019 (the effective date of Public Act
6		100-1178) this amendatory Act of the 100th General Assembly,
7		failure by the private seller to maintain the transfer records
8		in accordance with this Section, or failure by a transferee
9		pursuant to subsection a-10 of this Section to identify the
10		federally licensed firearm dealer maintaining the transfer
11		record, is a Class A misdemeanor for the first offense and a
12		Class 4 felony for a second or subsequent offense occurring
13		within 10 years of the first offense and the second offense was
14		committed after conviction of the first offense. Whenever any
15		person who has not previously been convicted of any violation
16		of subsection (a-5), the court may grant supervision pursuant
17		to and consistent with the limitations of Section 5-6-1 of the
18		Unified Code of Corrections. A transferee or transferor shall
19		not be criminally liable under this Section provided that he
20		or she provides the Illinois State Police with the transfer
21		records in accordance with procedures established by the
22		Illinois State Police Department. The Illinois State Police
23		Department shall establish, by rule, a standard form on its
24		website.
25		(b-5) Any resident may purchase ammunition from a person
26		within or outside of Illinois if shipment is by United States

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1		mail or by a private express carrier authorized by federal law
2		to ship ammunition. Any resident purchasing ammunition within
3		or outside the State of Illinois must provide the seller with a
4		copy of his or her valid Firearm Owner's Identification Card
5		or valid concealed carry license and either his or her
6		Illinois driver's license or Illinois State Identification
7		Card prior to the shipment of the ammunition. The ammunition
8		may be shipped only to an address on either of those 2
9		documents.
10		(c) The provisions of this Section regarding the transfer
11		of firearm ammunition shall not apply to those persons
12		specified in paragraph (b) of Section 2 of this Act.
13		(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
14		revised 10-13-21.)
15		(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
16		Sec. 3.1. Firearm Transfer Inquiry Program.
17		(a) The Illinois State Police shall provide a dial up
18		telephone system or utilize other existing technology which
19		shall be used by any federally licensed firearm dealer, gun
20		show promoter, or gun show vendor who is to transfer a firearm,
21		stun gun, or taser under the provisions of this Act. The
22		Illinois State Police may utilize existing technology which
23		allows the caller to be charged a fee not to exceed $2. Fees
24		collected by the Illinois State Police shall be deposited in
25		the State Police Firearm Services Fund and used to provide the

HB5501 Engrossed - 1934 - LRB102 24698 AMC 33937 b
1		service.
2		(b) Upon receiving a request from a federally licensed
3		firearm dealer, gun show promoter, or gun show vendor, the
4		Illinois State Police shall immediately approve, or, within
5		the time period established by Section 24-3 of the Criminal
6		Code of 2012 regarding the delivery of firearms, stun guns,
7		and tasers, notify the inquiring dealer, gun show promoter, or
8		gun show vendor of any objection that would disqualify the
9		transferee from acquiring or possessing a firearm, stun gun,
10		or taser. In conducting the inquiry, the Illinois State Police
11		shall initiate and complete an automated search of its
12		criminal history record information files and those of the
13		Federal Bureau of Investigation, including the National
14		Instant Criminal Background Check System, and of the files of
15		the Department of Human Services relating to mental health and
16		developmental disabilities to obtain any felony conviction or
17		patient hospitalization information which would disqualify a
18		person from obtaining or require revocation of a currently
19		valid Firearm Owner's Identification Card.
20		(b-5) By January 1, 2023, the Illinois State Police shall
21		by rule provide a process for the automatic renewal of the
22		Firearm Owner's Identification Card of a person at the time of
23		an inquiry in subsection (b). Persons eligible for this
24		process must have a set of fingerprints on file with their
25		applications application under either subsection (a-25) of
26		Section 4 or the Firearm Concealed Carry Act.

HB5501 Engrossed - 1935 - LRB102 24698 AMC 33937 b
1		(c) If receipt of a firearm would not violate Section 24-3
2		of the Criminal Code of 2012, federal law, or this Act, the
3		Illinois State Police shall:
4		(1) assign a unique identification number to the
5		transfer; and
6		(2) provide the licensee, gun show promoter, or gun
7		show vendor with the number.
8		(d) Approvals issued by the Illinois State Police for the
9		purchase of a firearm are valid for 30 days from the date of
10		issue.
11		(e) (1) The Illinois State Police must act as the Illinois
12		Point of Contact for the National Instant Criminal Background
13		Check System.
14		(2) The Illinois State Police and the Department of Human
15		Services shall, in accordance with State and federal law
16		regarding confidentiality, enter into a memorandum of
17		understanding with the Federal Bureau of Investigation for the
18		purpose of implementing the National Instant Criminal
19		Background Check System in the State. The Illinois State
20		Police shall report the name, date of birth, and physical
21		description of any person prohibited from possessing a firearm
22		pursuant to the Firearm Owners Identification Card Act or 18
23		U.S.C. 922(g) and (n) to the National Instant Criminal
24		Background Check System Index, Denied Persons Files.
25		(3) The Illinois State Police shall provide notice of the
26		disqualification of a person under subsection (b) of this

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1		Section or the revocation of a person's Firearm Owner's
2		Identification Card under Section 8 or Section 8.2 of this
3		Act, and the reason for the disqualification or revocation, to
4		all law enforcement agencies with jurisdiction to assist with
5		the seizure of the person's Firearm Owner's Identification
6		Card.
7		(f) The Illinois State Police shall adopt rules not
8		inconsistent with this Section to implement this system.
9		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
10		revised 10-13-21.)
11		(430 ILCS 65/4) (from Ch. 38, par. 83-4)
12		Sec. 4. Application for Firearm Owner's Identification
13		Cards.
14		(a) Each applicant for a Firearm Owner's Identification
15		Card must:
16		(1) Submit an application as made available by the
17		Illinois State Police; and
18		(2) Submit evidence to the Illinois State Police that:
19		(i) This subparagraph (i) applies through the
20		180th day following July 12, 2019 (the effective date
21		of Public Act 101-80) this amendatory Act of the 101st
22		General Assembly. He or she is 21 years of age or over,
23		or if he or she is under 21 years of age that he or she
24		has the written consent of his or her parent or legal
25		guardian to possess and acquire firearms and firearm

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1		ammunition and that he or she has never been convicted
2		of a misdemeanor other than a traffic offense or
3		adjudged delinquent, provided, however, that such
4		parent or legal guardian is not an individual
5		prohibited from having a Firearm Owner's
6		Identification Card and files an affidavit with the
7		Department as prescribed by the Department stating
8		that he or she is not an individual prohibited from
9		having a Card;
10		(i-5) This subparagraph (i-5) applies on and after
11		the 181st day following July 12, 2019 (the effective
12		date of Public Act 101-80) this amendatory Act of the
13		101st General Assembly. He or she is 21 years of age or
14		over, or if he or she is under 21 years of age that he
15		or she has never been convicted of a misdemeanor other
16		than a traffic offense or adjudged delinquent and is
17		an active duty member of the United States Armed
18		Forces or has the written consent of his or her parent
19		or legal guardian to possess and acquire firearms and
20		firearm ammunition, provided, however, that such
21		parent or legal guardian is not an individual
22		prohibited from having a Firearm Owner's
23		Identification Card and files an affidavit with the
24		Illinois State Police Department as prescribed by the
25		Illinois State Police Department stating that he or
26		she is not an individual prohibited from having a Card

HB5501 Engrossed - 1938 - LRB102 24698 AMC 33937 b
1		or the active duty member of the United States Armed
2		Forces under 21 years of age annually submits proof to
3		the Illinois State Police, in a manner prescribed by
4		the Illinois State Police Department;
5		(ii) He or she has not been convicted of a felony
6		under the laws of this or any other jurisdiction;
7		(iii) He or she is not addicted to narcotics;
8		(iv) He or she has not been a patient in a mental
9		health facility within the past 5 years or, if he or
10		she has been a patient in a mental health facility more
11		than 5 years ago submit the certification required
12		under subsection (u) of Section 8 of this Act;
13		(v) He or she is not a person with an intellectual
14		disability;
15		(vi) He or she is not an alien who is unlawfully
16		present in the United States under the laws of the
17		United States;
18		(vii) He or she is not subject to an existing order
19		of protection prohibiting him or her from possessing a
20		firearm;
21		(viii) He or she has not been convicted within the
22		past 5 years of battery, assault, aggravated assault,
23		violation of an order of protection, or a
24		substantially similar offense in another jurisdiction,
25		in which a firearm was used or possessed;
26		(ix) He or she has not been convicted of domestic

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1		battery, aggravated domestic battery, or a
2		substantially similar offense in another jurisdiction
3		committed before, on or after January 1, 2012 (the
4		effective date of Public Act 97-158). If the applicant
5		knowingly and intelligently waives the right to have
6		an offense described in this clause (ix) tried by a
7		jury, and by guilty plea or otherwise, results in a
8		conviction for an offense in which a domestic
9		relationship is not a required element of the offense
10		but in which a determination of the applicability of
11		18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
12		the Code of Criminal Procedure of 1963, an entry by the
13		court of a judgment of conviction for that offense
14		shall be grounds for denying the issuance of a Firearm
15		Owner's Identification Card under this Section;
16		(x) (Blank);
17		(xi) He or she is not an alien who has been
18		admitted to the United States under a non-immigrant
19		visa (as that term is defined in Section 101(a)(26) of
20		the Immigration and Nationality Act (8 U.S.C.
21		1101(a)(26))), or that he or she is an alien who has
22		been lawfully admitted to the United States under a
23		non-immigrant visa if that alien is:
24		(1) admitted to the United States for lawful
25		hunting or sporting purposes;
26		(2) an official representative of a foreign

HB5501 Engrossed - 1940 - LRB102 24698 AMC 33937 b
1		government who is:
2		(A) accredited to the United States
3		Government or the Government's mission to an
4		international organization having its
5		headquarters in the United States; or
6		(B) en route to or from another country to
7		which that alien is accredited;
8		(3) an official of a foreign government or
9		distinguished foreign visitor who has been so
10		designated by the Department of State;
11		(4) a foreign law enforcement officer of a
12		friendly foreign government entering the United
13		States on official business; or
14		(5) one who has received a waiver from the
15		Attorney General of the United States pursuant to
16		18 U.S.C. 922(y)(3);
17		(xii) He or she is not a minor subject to a
18		petition filed under Section 5-520 of the Juvenile
19		Court Act of 1987 alleging that the minor is a
20		delinquent minor for the commission of an offense that
21		if committed by an adult would be a felony;
22		(xiii) He or she is not an adult who had been
23		adjudicated a delinquent minor under the Juvenile
24		Court Act of 1987 for the commission of an offense that
25		if committed by an adult would be a felony;
26		(xiv) He or she is a resident of the State of

HB5501 Engrossed - 1941 - LRB102 24698 AMC 33937 b
1		Illinois;
2		(xv) He or she has not been adjudicated as a person
3		with a mental disability;
4		(xvi) He or she has not been involuntarily
5		admitted into a mental health facility; and
6		(xvii) He or she is not a person with a
7		developmental disability; and
8		(3) Upon request by the Illinois State Police, sign a
9		release on a form prescribed by the Illinois State Police
10		waiving any right to confidentiality and requesting the
11		disclosure to the Illinois State Police of limited mental
12		health institution admission information from another
13		state, the District of Columbia, any other territory of
14		the United States, or a foreign nation concerning the
15		applicant for the sole purpose of determining whether the
16		applicant is or was a patient in a mental health
17		institution and disqualified because of that status from
18		receiving a Firearm Owner's Identification Card. No mental
19		health care or treatment records may be requested. The
20		information received shall be destroyed within one year of
21		receipt.
22		(a-5) Each applicant for a Firearm Owner's Identification
23		Card who is over the age of 18 shall furnish to the Illinois
24		State Police either his or her Illinois driver's license
25		number or Illinois Identification Card number, except as
26		provided in subsection (a-10).

HB5501 Engrossed - 1942 - LRB102 24698 AMC 33937 b
1		(a-10) Each applicant for a Firearm Owner's Identification
2		Card, who is employed as a law enforcement officer, an armed
3		security officer in Illinois, or by the United States Military
4		permanently assigned in Illinois and who is not an Illinois
5		resident, shall furnish to the Illinois State Police his or
6		her driver's license number or state identification card
7		number from his or her state of residence. The Illinois State
8		Police may adopt rules to enforce the provisions of this
9		subsection (a-10).
10		(a-15) If an applicant applying for a Firearm Owner's
11		Identification Card moves from the residence address named in
12		the application, he or she shall immediately notify in a form
13		and manner prescribed by the Illinois State Police of that
14		change of address.
15		(a-20) Each applicant for a Firearm Owner's Identification
16		Card shall furnish to the Illinois State Police his or her
17		photograph. An applicant who is 21 years of age or older
18		seeking a religious exemption to the photograph requirement
19		must furnish with the application an approved copy of United
20		States Department of the Treasury Internal Revenue Service
21		Form 4029. In lieu of a photograph, an applicant regardless of
22		age seeking a religious exemption to the photograph
23		requirement shall submit fingerprints on a form and manner
24		prescribed by the Illinois State Police Department with his or
25		her application.
26		(a-25) Beginning January 1, 2023, each applicant for the

HB5501 Engrossed - 1943 - LRB102 24698 AMC 33937 b
1		issuance of a Firearm Owner's Identification Card may include
2		a full set of his or her fingerprints in electronic format to
3		the Illinois State Police, unless the applicant has previously
4		provided a full set of his or her fingerprints to the Illinois
5		State Police under this Act or the Firearm Concealed Carry
6		Act.
7		The fingerprints must be transmitted through a live scan
8		fingerprint vendor licensed by the Department of Financial and
9		Professional Regulation. The fingerprints shall be checked
10		against the fingerprint records now and hereafter filed in the
11		Illinois State Police and Federal Bureau of Investigation
12		criminal history records databases, including all available
13		State and local criminal history record information files.
14		The Illinois State Police shall charge applicants a
15		one-time fee for conducting the criminal history record check,
16		which shall be deposited into the State Police Services Fund
17		and shall not exceed the actual cost of the State and national
18		criminal history record check.
19		(a-26) The Illinois State Police shall research, explore,
20		and report to the General Assembly by January 1, 2022 on the
21		feasibility of permitting voluntarily submitted fingerprints
22		obtained for purposes other than Firearm Owner's
23		Identification Card enforcement that are contained in the
24		Illinois State Police database for purposes of this Act.
25		(b) Each application form shall include the following
26		statement printed in bold type: "Warning: Entering false

HB5501 Engrossed - 1944 - LRB102 24698 AMC 33937 b
1		information on an application for a Firearm Owner's
2		Identification Card is punishable as a Class 2 felony in
3		accordance with subsection (d-5) of Section 14 of the Firearm
4		Owners Identification Card Act.".
5		(c) Upon such written consent, pursuant to Section 4,
6		paragraph (a)(2)(i), the parent or legal guardian giving the
7		consent shall be liable for any damages resulting from the
8		applicant's use of firearms or firearm ammunition.
9		(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
10		102-538, eff. 8-20-21; revised 10-12-21.)
11		(430 ILCS 65/5) (from Ch. 38, par. 83-5)
12		Sec. 5. Application and renewal.
13		(a) The Illinois State Police shall either approve or deny
14		all applications within 30 days from the date they are
15		received, except as provided in subsections (b) and (c), and
16		every applicant found qualified under Section 8 of this Act by
17		the Illinois State Police Department shall be entitled to a
18		Firearm Owner's Identification Card upon the payment of a $10
19		fee and applicable processing fees. The processing fees shall
20		be limited to charges by the State Treasurer for using the
21		electronic online payment system. Any applicant who is an
22		active duty member of the Armed Forces of the United States, a
23		member of the Illinois National Guard, or a member of the
24		Reserve Forces of the United States is exempt from the
25		application fee. $5 of each fee derived from the issuance of a

HB5501 Engrossed - 1945 - LRB102 24698 AMC 33937 b
1		Firearm Owner's Identification Card or renewals, thereof,
2		shall be deposited in the State Police Firearm Services Fund
3		and $5 into the State Police Revocation Enforcement Fund.
4		(b) Renewal applications shall be approved or denied
5		within 60 business days, provided the applicant submitted his
6		or her renewal application prior to the expiration of his or
7		her Firearm Owner's Identification Card. If a renewal
8		application has been submitted prior to the expiration date of
9		the applicant's Firearm Owner's Identification Card, the
10		Firearm Owner's Identification Card shall remain valid while
11		the Illinois State Police Department processes the
12		application, unless the person is subject to or becomes
13		subject to revocation under this Act. The cost for a renewal
14		application shall be $10, and may include applicable
15		processing fees, which shall be limited to charges by the
16		State Treasurer for using the electronic online payment
17		system, which shall be deposited into the State Police Firearm
18		Services Fund.
19		(c) If the Firearm Owner's Identification Card of a
20		licensee under the Firearm Concealed Carry Act expires during
21		the term of the licensee's concealed carry license, the
22		Firearm Owner's Identification Card and the license remain
23		valid and the licensee does not have to renew his or her
24		Firearm Owner's Identification Card during the duration of the
25		concealed carry license. Unless the Illinois State Police has
26		reason to believe the licensee is no longer eligible for the

HB5501 Engrossed - 1946 - LRB102 24698 AMC 33937 b
1		card, the Illinois State Police may automatically renew the
2		licensee's Firearm Owner's Identification Card and send a
3		renewed Firearm Owner's Identification Card to the licensee.
4		(d) The Illinois State Police may adopt rules concerning
5		the use of voluntarily submitted fingerprints, as allowed by
6		State and federal law.
7		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
8		revised 10-13-21.)
9		(430 ILCS 65/6) (from Ch. 38, par. 83-6)
10		Sec. 6. Contents of Firearm Owner's Identification Card.
11		(a) A Firearm Owner's Identification Card, issued by the
12		Illinois State Police at such places as the Director of the
13		Illinois State Police shall specify, shall contain the
14		applicant's name, residence, date of birth, sex, physical
15		description, recent photograph, except as provided in
16		subsection (c-5), and signature. Each Firearm Owner's
17		Identification Card must have the Firearm Owner's
18		Identification Card number boldly and conspicuously displayed
19		on the face of the card. Each Firearm Owner's Identification
20		Card must have printed on it the following: "CAUTION - This
21		card does not permit bearer to UNLAWFULLY carry or use
22		firearms." Before December 1, 2002, the Department of State
23		Police may use a person's digital photograph and signature
24		from his or her Illinois driver's license or Illinois
25		Identification Card, if available. On and after December 1,

HB5501 Engrossed - 1947 - LRB102 24698 AMC 33937 b
1		2002, the Illinois State Police (formerly the Department of
2		State Police) Department shall use a person's digital
3		photograph and signature from his or her Illinois driver's
4		license or Illinois Identification Card, if available. The
5		Illinois State Police Department shall decline to use a
6		person's digital photograph or signature if the digital
7		photograph or signature is the result of or associated with
8		fraudulent or erroneous data, unless otherwise provided by
9		law.
10		(b) A person applying for a Firearm Owner's Identification
11		Card shall consent to the Illinois State Police using the
12		applicant's digital driver's license or Illinois
13		Identification Card photograph, if available, and signature on
14		the applicant's Firearm Owner's Identification Card. The
15		Secretary of State shall allow the Illinois State Police
16		access to the photograph and signature for the purpose of
17		identifying the applicant and issuing to the applicant a
18		Firearm Owner's Identification Card.
19		(c) The Secretary of State shall conduct a study to
20		determine the cost and feasibility of creating a method of
21		adding an identifiable code, background, or other means on the
22		driver's license or Illinois Identification Card to show that
23		an individual is not disqualified from owning or possessing a
24		firearm under State or federal law. The Secretary shall report
25		the findings of this study August 17, 2002 (12 months after the
26		effective date of Public Act 92-442) this amendatory Act of

HB5501 Engrossed - 1948 - LRB102 24698 AMC 33937 b
1		the 92nd General Assembly.
2		(c-5) If a person qualifies for a photograph exemption, in
3		lieu of a photograph, the Firearm Owner's Identification Card
4		shall contain a copy of the card holder's fingerprints. Each
5		Firearm Owner's Identification Card described in this
6		subsection (c-5) must have printed on it the following: "This
7		card is only valid for firearm purchases through a federally
8		licensed firearms dealer when presented with photographic
9		identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
10		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
11		revised 10-14-21.)
12		(430 ILCS 65/8) (from Ch. 38, par. 83-8)
13		Sec. 8. Grounds for denial and revocation. The Illinois
14		State Police has authority to deny an application for or to
15		revoke and seize a Firearm Owner's Identification Card
16		previously issued under this Act only if the Illinois State
17		Police Department finds that the applicant or the person to
18		whom such card was issued is or was at the time of issuance:
19		(a) A person under 21 years of age who has been
20		convicted of a misdemeanor other than a traffic offense or
21		adjudged delinquent;
22		(b) This subsection (b) applies through the 180th day
23		following July 12, 2019 (the effective date of Public Act
24		101-80) this amendatory Act of the 101st General Assembly.
25		A person under 21 years of age who does not have the

HB5501 Engrossed - 1949 - LRB102 24698 AMC 33937 b
1		written consent of his parent or guardian to acquire and
2		possess firearms and firearm ammunition, or whose parent
3		or guardian has revoked such written consent, or where
4		such parent or guardian does not qualify to have a Firearm
5		Owner's Identification Card;
6		(b-5) This subsection (b-5) applies on and after the
7		181st day following July 12, 2019 (the effective date of
8		Public Act 101-80) this amendatory Act of the 101st
9		General Assembly. A person under 21 years of age who is not
10		an active duty member of the United States Armed Forces
11		and does not have the written consent of his or her parent
12		or guardian to acquire and possess firearms and firearm
13		ammunition, or whose parent or guardian has revoked such
14		written consent, or where such parent or guardian does not
15		qualify to have a Firearm Owner's Identification Card;
16		(c) A person convicted of a felony under the laws of
17		this or any other jurisdiction;
18		(d) A person addicted to narcotics;
19		(e) A person who has been a patient of a mental health
20		facility within the past 5 years or a person who has been a
21		patient in a mental health facility more than 5 years ago
22		who has not received the certification required under
23		subsection (u) of this Section. An active law enforcement
24		officer employed by a unit of government or a Department
25		of Corrections employee authorized to possess firearms who
26		is denied, revoked, or has his or her Firearm Owner's

HB5501 Engrossed - 1950 - LRB102 24698 AMC 33937 b
1		Identification Card seized under this subsection (e) may
2		obtain relief as described in subsection (c-5) of Section
3		10 of this Act if the officer or employee did not act in a
4		manner threatening to the officer or employee, another
5		person, or the public as determined by the treating
6		clinical psychologist or physician, and the officer or
7		employee seeks mental health treatment;
8		(f) A person whose mental condition is of such a
9		nature that it poses a clear and present danger to the
10		applicant, any other person or persons, or the community;
11		(g) A person who has an intellectual disability;
12		(h) A person who intentionally makes a false statement
13		in the Firearm Owner's Identification Card application;
14		(i) An alien who is unlawfully present in the United
15		States under the laws of the United States;
16		(i-5) An alien who has been admitted to the United
17		States under a non-immigrant visa (as that term is defined
18		in Section 101(a)(26) of the Immigration and Nationality
19		Act (8 U.S.C. 1101(a)(26))), except that this subsection
20		(i-5) does not apply to any alien who has been lawfully
21		admitted to the United States under a non-immigrant visa
22		if that alien is:
23		(1) admitted to the United States for lawful
24		hunting or sporting purposes;
25		(2) an official representative of a foreign
26		government who is:

HB5501 Engrossed - 1951 - LRB102 24698 AMC 33937 b
1		(A) accredited to the United States Government
2		or the Government's mission to an international
3		organization having its headquarters in the United
4		States; or
5		(B) en route to or from another country to
6		which that alien is accredited;
7		(3) an official of a foreign government or
8		distinguished foreign visitor who has been so
9		designated by the Department of State;
10		(4) a foreign law enforcement officer of a
11		friendly foreign government entering the United States
12		on official business; or
13		(5) one who has received a waiver from the
14		Attorney General of the United States pursuant to 18
15		U.S.C. 922(y)(3);
16		(j) (Blank);
17		(k) A person who has been convicted within the past 5
18		years of battery, assault, aggravated assault, violation
19		of an order of protection, or a substantially similar
20		offense in another jurisdiction, in which a firearm was
21		used or possessed;
22		(l) A person who has been convicted of domestic
23		battery, aggravated domestic battery, or a substantially
24		similar offense in another jurisdiction committed before,
25		on or after January 1, 2012 (the effective date of Public
26		Act 97-158). If the applicant or person who has been

HB5501 Engrossed - 1952 - LRB102 24698 AMC 33937 b
1		previously issued a Firearm Owner's Identification Card
2		under this Act knowingly and intelligently waives the
3		right to have an offense described in this paragraph (l)
4		tried by a jury, and by guilty plea or otherwise, results
5		in a conviction for an offense in which a domestic
6		relationship is not a required element of the offense but
7		in which a determination of the applicability of 18 U.S.C.
8		922(g)(9) is made under Section 112A-11.1 of the Code of
9		Criminal Procedure of 1963, an entry by the court of a
10		judgment of conviction for that offense shall be grounds
11		for denying an application for and for revoking and
12		seizing a Firearm Owner's Identification Card previously
13		issued to the person under this Act;
14		(m) (Blank);
15		(n) A person who is prohibited from acquiring or
16		possessing firearms or firearm ammunition by any Illinois
17		State statute or by federal law;
18		(o) A minor subject to a petition filed under Section
19		5-520 of the Juvenile Court Act of 1987 alleging that the
20		minor is a delinquent minor for the commission of an
21		offense that if committed by an adult would be a felony;
22		(p) An adult who had been adjudicated a delinquent
23		minor under the Juvenile Court Act of 1987 for the
24		commission of an offense that if committed by an adult
25		would be a felony;
26		(q) A person who is not a resident of the State of

HB5501 Engrossed - 1953 - LRB102 24698 AMC 33937 b
1		Illinois, except as provided in subsection (a-10) of
2		Section 4;
3		(r) A person who has been adjudicated as a person with
4		a mental disability;
5		(s) A person who has been found to have a
6		developmental disability;
7		(t) A person involuntarily admitted into a mental
8		health facility; or
9		(u) A person who has had his or her Firearm Owner's
10		Identification Card revoked or denied under subsection (e)
11		of this Section or item (iv) of paragraph (2) of
12		subsection (a) of Section 4 of this Act because he or she
13		was a patient in a mental health facility as provided in
14		subsection (e) of this Section, shall not be permitted to
15		obtain a Firearm Owner's Identification Card, after the
16		5-year period has lapsed, unless he or she has received a
17		mental health evaluation by a physician, clinical
18		psychologist, or qualified examiner as those terms are
19		defined in the Mental Health and Developmental
20		Disabilities Code, and has received a certification that
21		he or she is not a clear and present danger to himself,
22		herself, or others. The physician, clinical psychologist,
23		or qualified examiner making the certification and his or
24		her employer shall not be held criminally, civilly, or
25		professionally liable for making or not making the
26		certification required under this subsection, except for

HB5501 Engrossed - 1954 - LRB102 24698 AMC 33937 b
1		willful or wanton misconduct. This subsection does not
2		apply to a person whose firearm possession rights have
3		been restored through administrative or judicial action
4		under Section 10 or 11 of this Act.
5		Upon revocation of a person's Firearm Owner's
6		Identification Card, the Illinois State Police shall provide
7		notice to the person and the person shall comply with Section
8		9.5 of this Act.
9		(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
10		102-645, eff. 1-1-22; revised 10-14-21.)
11		(430 ILCS 65/8.3)
12		Sec. 8.3. Suspension of Firearm Owner's Identification
13		Card. The Illinois State Police may suspend the Firearm
14		Owner's Identification Card of a person whose Firearm Owner's
15		Identification Card is subject to revocation and seizure under
16		this Act for the duration of the disqualification if the
17		disqualification is not a permanent grounds for revocation of
18		a Firearm Owner's Identification Card under this Act. The
19		Illinois State Police may adopt rules necessary to implement
20		this Section.
21		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
22		revised 10-15-21.)
23		(430 ILCS 65/9.5)
24		Sec. 9.5. Revocation of Firearm Owner's Identification

HB5501 Engrossed - 1955 - LRB102 24698 AMC 33937 b
1		Card.
2		(a) A person who receives a revocation notice under
3		Section 9 of this Act shall, within 48 hours of receiving
4		notice of the revocation:
5		(1) surrender his or her Firearm Owner's
6		Identification Card to the local law enforcement agency
7		where the person resides or to the Illinois State Police;
8		and
9		(2) complete a Firearm Disposition Record on a form
10		prescribed by the Illinois State Police and place his or
11		her firearms in the location or with the person reported
12		in the Firearm Disposition Record. The form shall require
13		the person to disclose:
14		(A) the make, model, and serial number of each
15		firearm owned by or under the custody and control of
16		the revoked person;
17		(B) the location where each firearm will be
18		maintained during the prohibited term;
19		(C) if any firearm will be transferred to the
20		custody of another person, the name, address and
21		Firearm Owner's Identification Card number of the
22		transferee; and
23		(D) to whom his or her Firearm Owner's
24		Identification Card was surrendered.
25		Once completed, the person shall retain a copy and
26		provide a copy of the Firearm Disposition Record to the

HB5501 Engrossed - 1956 - LRB102 24698 AMC 33937 b
1		Illinois State Police.
2		(b) Upon confirming through the portal created under
3		Section 2605-304 of the Illinois Department of State Police
4		Law of the Civil Administrative Code of Illinois that the
5		Firearm Owner's Identification Card has been revoked by the
6		Illinois State Police, surrendered cards shall be destroyed by
7		the law enforcement agency receiving the cards. If a card has
8		not been revoked, the card shall be returned to the
9		cardholder. Illinois
10		(b-5) If a court orders the surrender of a Firearms
11		Owner's Identification Card and accepts receipt of the Card,
12		the court shall destroy the Card and direct the person whose
13		Firearm Owner's Identification Card has been surrendered to
14		comply with paragraph (2) of subsection (a).
15		(b-10) If the person whose Firearm Owner's Identification
16		Card has been revoked has either lost or destroyed the Card,
17		the person must still comply with paragraph (2) of subsection
18		(a).
19		(b-15) A notation shall be made in the portal created
20		under Section 2605-304 of the Illinois Department of State
21		Police Law of the Civil Administrative Code of Illinois that
22		the revoked Firearm Owner's Identification Card has been
23		destroyed.
24		(c) If the person whose Firearm Owner's Identification
25		Card has been revoked fails to comply with the requirements of
26		this Section, the sheriff or law enforcement agency where the

HB5501 Engrossed - 1957 - LRB102 24698 AMC 33937 b
1		person resides may petition the circuit court to issue a
2		warrant to search for and seize the Firearm Owner's
3		Identification Card and firearms in the possession or under
4		the custody or control of the person whose Firearm Owner's
5		Identification Card has been revoked.
6		(d) A violation of subsection (a) of this Section is a
7		Class A misdemeanor.
8		(e) The observation of a Firearm Owner's Identification
9		Card in the possession of a person whose Firearm Owner's
10		Identification Card has been revoked constitutes a sufficient
11		basis for the arrest of that person for violation of this
12		Section.
13		(f) Within 30 days after July 9, 2013 (the effective date
14		of Public Act 98-63) this amendatory Act of the 98th General
15		Assembly, the Illinois State Police shall provide written
16		notice of the requirements of this Section to persons whose
17		Firearm Owner's Identification Cards have been revoked,
18		suspended, or expired and who have failed to surrender their
19		cards to the Illinois State Police Department.
20		(g) A person whose Firearm Owner's Identification Card has
21		been revoked and who received notice under subsection (f)
22		shall comply with the requirements of this Section within 48
23		hours of receiving notice.
24		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
25		revised 10-15-21.)

HB5501 Engrossed - 1958 - LRB102 24698 AMC 33937 b
1		(430 ILCS 65/10) (from Ch. 38, par. 83-10)
2		Sec. 10. Appeals; hearing; relief from firearm
3		prohibitions.
4		(a) Whenever an application for a Firearm Owner's
5		Identification Card is denied or whenever such a Card is
6		revoked or seized as provided for in Section 8 of this Act, the
7		aggrieved party may (1) file a record challenge with the
8		Director regarding the record upon which the decision to deny
9		or revoke the Firearm Owner's Identification Card was based
10		under subsection (a-5); or (2) appeal to the Director of the
11		Illinois State Police through December 31, 2022, or beginning
12		January 1, 2023, the Firearm Owner's Identification Card
13		Review Board for a hearing seeking relief from such denial or
14		revocation unless the denial or revocation was based upon a
15		forcible felony, stalking, aggravated stalking, domestic
16		battery, any violation of the Illinois Controlled Substances
17		Act, the Methamphetamine Control and Community Protection Act,
18		or the Cannabis Control Act that is classified as a Class 2 or
19		greater felony, any felony violation of Article 24 of the
20		Criminal Code of 1961 or the Criminal Code of 2012, or any
21		adjudication as a delinquent minor for the commission of an
22		offense that if committed by an adult would be a felony, in
23		which case the aggrieved party may petition the circuit court
24		in writing in the county of his or her residence for a hearing
25		seeking relief from such denial or revocation.
26		(a-5) There is created a Firearm Owner's Identification

HB5501 Engrossed - 1959 - LRB102 24698 AMC 33937 b
1		Card Review Board to consider any appeal under subsection (a)
2		beginning January 1, 2023, other than an appeal directed to
3		the circuit court and except when the applicant is challenging
4		the record upon which the decision to deny or revoke was based
5		as provided in subsection (a-10).
6		(0.05) In furtherance of the policy of this Act that
7		the Board shall exercise its powers and duties in an
8		independent manner, subject to the provisions of this Act
9		but free from the direction, control, or influence of any
10		other agency or department of State government. All
11		expenses and liabilities incurred by the Board in the
12		performance of its responsibilities hereunder shall be
13		paid from funds which shall be appropriated to the Board
14		by the General Assembly for the ordinary and contingent
15		expenses of the Board.
16		(1) The Board shall consist of 7 members appointed by
17		the Governor, with the advice and consent of the Senate,
18		with 3 members residing within the First Judicial District
19		and one member residing within each of the 4 remaining
20		Judicial Districts. No more than 4 members shall be
21		members of the same political party. The Governor shall
22		designate one member as the chairperson. The Board shall
23		consist of:
24		(A) one member with at least 5 years of service as
25		a federal or State judge;
26		(B) one member with at least 5 years of experience

HB5501 Engrossed - 1960 - LRB102 24698 AMC 33937 b
1		serving as an attorney with the United States
2		Department of Justice, or as a State's Attorney or
3		Assistant State's Attorney;
4		(C) one member with at least 5 years of experience
5		serving as a State or federal public defender or
6		assistant public defender;
7		(D) three members with at least 5 years of
8		experience as a federal, State, or local law
9		enforcement agent or as an employee with investigative
10		experience or duties related to criminal justice under
11		the United States Department of Justice, Drug
12		Enforcement Administration, Department of Homeland
13		Security, Federal Bureau of Investigation, or a State
14		or local law enforcement agency; and
15		(E) one member with at least 5 years of experience
16		as a licensed physician or clinical psychologist with
17		expertise in the diagnosis and treatment of mental
18		illness.
19		(2) The terms of the members initially appointed after
20		January 1, 2022 (the effective date of Public Act 102-237)
21		this amendatory Act of the 102nd General Assembly shall be
22		as follows: one of the initial members shall be appointed
23		for a term of one year, 3 shall be appointed for terms of 2
24		years, and 3 shall be appointed for terms of 4 years.
25		Thereafter, members shall hold office for 4 years, with
26		terms expiring on the second Monday in January immediately

HB5501 Engrossed - 1961 - LRB102 24698 AMC 33937 b
1		following the expiration of their terms and every 4 years
2		thereafter. Members may be reappointed. Vacancies in the
3		office of member shall be filled in the same manner as the
4		original appointment, for the remainder of the unexpired
5		term. The Governor may remove a member for incompetence,
6		neglect of duty, malfeasance, or inability to serve.
7		Members shall receive compensation in an amount equal to
8		the compensation of members of the Executive Ethics
9		Commission and may be reimbursed, from funds appropriated
10		for such a purpose, for reasonable expenses actually
11		incurred in the performance of their Board duties. The
12		Illinois State Police shall designate an employee to serve
13		as Executive Director of the Board and provide logistical
14		and administrative assistance to the Board.
15		(3) The Board shall meet at least quarterly each year
16		and at the call of the chairperson as often as necessary to
17		consider appeals of decisions made with respect to
18		applications for a Firearm Owner's Identification Card
19		under this Act. If necessary to ensure the participation
20		of a member, the Board shall allow a member to participate
21		in a Board meeting by electronic communication. Any member
22		participating electronically shall be deemed present for
23		purposes of establishing a quorum and voting.
24		(4) The Board shall adopt rules for the review of
25		appeals and the conduct of hearings. The Board shall
26		maintain a record of its decisions and all materials

HB5501 Engrossed - 1962 - LRB102 24698 AMC 33937 b
1		considered in making its decisions. All Board decisions
2		and voting records shall be kept confidential and all
3		materials considered by the Board shall be exempt from
4		inspection except upon order of a court.
5		(5) In considering an appeal, the Board shall review
6		the materials received concerning the denial or revocation
7		by the Illinois State Police. By a vote of at least 4
8		members, the Board may request additional information from
9		the Illinois State Police or the applicant or the
10		testimony of the Illinois State Police or the applicant.
11		The Board may require that the applicant submit electronic
12		fingerprints to the Illinois State Police for an updated
13		background check if the Board determines it lacks
14		sufficient information to determine eligibility. The Board
15		may consider information submitted by the Illinois State
16		Police, a law enforcement agency, or the applicant. The
17		Board shall review each denial or revocation and determine
18		by a majority of members whether an applicant should be
19		granted relief under subsection (c).
20		(6) The Board shall by order issue summary decisions.
21		The Board shall issue a decision within 45 days of
22		receiving all completed appeal documents from the Illinois
23		State Police and the applicant. However, the Board need
24		not issue a decision within 45 days if:
25		(A) the Board requests information from the
26		applicant, including, but not limited to, electronic

HB5501 Engrossed - 1963 - LRB102 24698 AMC 33937 b
1		fingerprints to be submitted to the Illinois State
2		Police, in accordance with paragraph (5) of this
3		subsection, in which case the Board shall make a
4		decision within 30 days of receipt of the required
5		information from the applicant;
6		(B) the applicant agrees, in writing, to allow the
7		Board additional time to consider an appeal; or
8		(C) the Board notifies the applicant and the
9		Illinois State Police that the Board needs an
10		additional 30 days to issue a decision. The Board may
11		only issue 2 extensions under this subparagraph (C).
12		The Board's notification to the applicant and the
13		Illinois State Police shall include an explanation for
14		the extension.
15		(7) If the Board determines that the applicant is
16		eligible for relief under subsection (c), the Board shall
17		notify the applicant and the Illinois State Police that
18		relief has been granted and the Illinois State Police
19		shall issue the Card.
20		(8) Meetings of the Board shall not be subject to the
21		Open Meetings Act and records of the Board shall not be
22		subject to the Freedom of Information Act.
23		(9) The Board shall report monthly to the Governor and
24		the General Assembly on the number of appeals received and
25		provide details of the circumstances in which the Board
26		has determined to deny Firearm Owner's Identification

HB5501 Engrossed - 1964 - LRB102 24698 AMC 33937 b
1		Cards under this subsection (a-5). The report shall not
2		contain any identifying information about the applicants.
3		(a-10) Whenever an applicant or cardholder is not seeking
4		relief from a firearms prohibition under subsection (c) but
5		rather does not believe the applicant is appropriately denied
6		or revoked and is challenging the record upon which the
7		decision to deny or revoke the Firearm Owner's Identification
8		Card was based, or whenever the Illinois State Police fails to
9		act on an application within 30 days of its receipt, the
10		applicant shall file such challenge with the Director. The
11		Director shall render a decision within 60 business days of
12		receipt of all information supporting the challenge. The
13		Illinois State Police shall adopt rules for the review of a
14		record challenge.
15		(b) At least 30 days before any hearing in the circuit
16		court, the petitioner shall serve the relevant State's
17		Attorney with a copy of the petition. The State's Attorney may
18		object to the petition and present evidence. At the hearing,
19		the court shall determine whether substantial justice has been
20		done. Should the court determine that substantial justice has
21		not been done, the court shall issue an order directing the
22		Illinois State Police to issue a Card. However, the court
23		shall not issue the order if the petitioner is otherwise
24		prohibited from obtaining, possessing, or using a firearm
25		under federal law.
26		(c) Any person prohibited from possessing a firearm under

HB5501 Engrossed - 1965 - LRB102 24698 AMC 33937 b
1		Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
2		acquiring a Firearm Owner's Identification Card under Section
3		8 of this Act may apply to the Firearm Owner's Identification
4		Card Review Board the Illinois or petition the circuit court
5		in the county where the petitioner resides, whichever is
6		applicable in accordance with subsection (a) of this Section,
7		requesting relief from such prohibition and the Board or court
8		may grant such relief if it is established by the applicant to
9		the court's or the Board's satisfaction that:
10		(0.05) when in the circuit court, the State's Attorney
11		has been served with a written copy of the petition at
12		least 30 days before any such hearing in the circuit court
13		and at the hearing the State's Attorney was afforded an
14		opportunity to present evidence and object to the
15		petition;
16		(1) the applicant has not been convicted of a forcible
17		felony under the laws of this State or any other
18		jurisdiction within 20 years of the applicant's
19		application for a Firearm Owner's Identification Card, or
20		at least 20 years have passed since the end of any period
21		of imprisonment imposed in relation to that conviction;
22		(2) the circumstances regarding a criminal conviction,
23		where applicable, the applicant's criminal history and his
24		reputation are such that the applicant will not be likely
25		to act in a manner dangerous to public safety;
26		(3) granting relief would not be contrary to the

HB5501 Engrossed - 1966 - LRB102 24698 AMC 33937 b
1		public interest; and
2		(4) granting relief would not be contrary to federal
3		law.
4		(c-5) (1) An active law enforcement officer employed by a
5		unit of government or a Department of Corrections employee
6		authorized to possess firearms who is denied, revoked, or has
7		his or her Firearm Owner's Identification Card seized under
8		subsection (e) of Section 8 of this Act may apply to the
9		Firearm Owner's Identification Card Review Board the Illinois
10		requesting relief if the officer or employee did not act in a
11		manner threatening to the officer or employee, another person,
12		or the public as determined by the treating clinical
13		psychologist or physician, and as a result of his or her work
14		is referred by the employer for or voluntarily seeks mental
15		health evaluation or treatment by a licensed clinical
16		psychologist, psychiatrist, or qualified examiner, and:
17		(A) the officer or employee has not received treatment
18		involuntarily at a mental health facility, regardless of
19		the length of admission; or has not been voluntarily
20		admitted to a mental health facility for more than 30 days
21		and not for more than one incident within the past 5 years;
22		and
23		(B) the officer or employee has not left the mental
24		institution against medical advice.
25		(2) The Firearm Owner's Identification Card Review Board
26		the Illinois shall grant expedited relief to active law

HB5501 Engrossed - 1967 - LRB102 24698 AMC 33937 b
1		enforcement officers and employees described in paragraph (1)
2		of this subsection (c-5) upon a determination by the Board
3		that the officer's or employee's possession of a firearm does
4		not present a threat to themselves, others, or public safety.
5		The Board shall act on the request for relief within 30
6		business days of receipt of:
7		(A) a notarized statement from the officer or employee
8		in the form prescribed by the Board detailing the
9		circumstances that led to the hospitalization;
10		(B) all documentation regarding the admission,
11		evaluation, treatment and discharge from the treating
12		licensed clinical psychologist or psychiatrist of the
13		officer;
14		(C) a psychological fitness for duty evaluation of the
15		person completed after the time of discharge; and
16		(D) written confirmation in the form prescribed by the
17		Board from the treating licensed clinical psychologist or
18		psychiatrist that the provisions set forth in paragraph
19		(1) of this subsection (c-5) have been met, the person
20		successfully completed treatment, and their professional
21		opinion regarding the person's ability to possess
22		firearms.
23		(3) Officers and employees eligible for the expedited
24		relief in paragraph (2) of this subsection (c-5) have the
25		burden of proof on eligibility and must provide all
26		information required. The Board may not consider granting

HB5501 Engrossed - 1968 - LRB102 24698 AMC 33937 b
1		expedited relief until the proof and information is received.
2		(4) "Clinical psychologist", "psychiatrist", and
3		"qualified examiner" shall have the same meaning as provided
4		in Chapter I of the Mental Health and Developmental
5		Disabilities Code.
6		(c-10) (1) An applicant, who is denied, revoked, or has
7		his or her Firearm Owner's Identification Card seized under
8		subsection (e) of Section 8 of this Act based upon a
9		determination of a developmental disability or an intellectual
10		disability may apply to the Firearm Owner's Identification
11		Card Review Board the Illinois requesting relief.
12		(2) The Board shall act on the request for relief within 60
13		business days of receipt of written certification, in the form
14		prescribed by the Board, from a physician or clinical
15		psychologist, or qualified examiner, that the aggrieved
16		party's developmental disability or intellectual disability
17		condition is determined by a physician, clinical psychologist,
18		or qualified to be mild. If a fact-finding conference is
19		scheduled to obtain additional information concerning the
20		circumstances of the denial or revocation, the 60 business
21		days the Director has to act shall be tolled until the
22		completion of the fact-finding conference.
23		(3) The Board may grant relief if the aggrieved party's
24		developmental disability or intellectual disability is mild as
25		determined by a physician, clinical psychologist, or qualified
26		examiner and it is established by the applicant to the Board's

HB5501 Engrossed - 1969 - LRB102 24698 AMC 33937 b
1		satisfaction that:
2		(A) granting relief would not be contrary to the
3		public interest; and
4		(B) granting relief would not be contrary to federal
5		law.
6		(4) The Board may not grant relief if the condition is
7		determined by a physician, clinical psychologist, or qualified
8		examiner to be moderate, severe, or profound.
9		(5) The changes made to this Section by Public Act 99-29
10		apply to requests for relief pending on or before July 10, 2015
11		(the effective date of Public Act 99-29), except that the
12		60-day period for the Director to act on requests pending
13		before the effective date shall begin on July 10, 2015 (the
14		effective date of Public Act 99-29). All appeals as provided
15		in subsection (a-5), pending on January 1, 2023, shall be
16		considered by the Board.
17		(d) When a minor is adjudicated delinquent for an offense
18		which if committed by an adult would be a felony, the court
19		shall notify the Illinois State Police.
20		(e) The court shall review the denial of an application or
21		the revocation of a Firearm Owner's Identification Card of a
22		person who has been adjudicated delinquent for an offense that
23		if committed by an adult would be a felony if an application
24		for relief has been filed at least 10 years after the
25		adjudication of delinquency and the court determines that the
26		applicant should be granted relief from disability to obtain a

HB5501 Engrossed - 1970 - LRB102 24698 AMC 33937 b
1		Firearm Owner's Identification Card. If the court grants
2		relief, the court shall notify the Illinois State Police that
3		the disability has been removed and that the applicant is
4		eligible to obtain a Firearm Owner's Identification Card.
5		(f) Any person who is subject to the disabilities of 18
6		U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
7		of 1968 because of an adjudication or commitment that occurred
8		under the laws of this State or who was determined to be
9		subject to the provisions of subsections (e), (f), or (g) of
10		Section 8 of this Act may apply to the Illinois State Police
11		requesting relief from that prohibition. The Board shall grant
12		the relief if it is established by a preponderance of the
13		evidence that the person will not be likely to act in a manner
14		dangerous to public safety and that granting relief would not
15		be contrary to the public interest. In making this
16		determination, the Board shall receive evidence concerning (i)
17		the circumstances regarding the firearms disabilities from
18		which relief is sought; (ii) the petitioner's mental health
19		and criminal history records, if any; (iii) the petitioner's
20		reputation, developed at a minimum through character witness
21		statements, testimony, or other character evidence; and (iv)
22		changes in the petitioner's condition or circumstances since
23		the disqualifying events relevant to the relief sought. If
24		relief is granted under this subsection or by order of a court
25		under this Section, the Director shall as soon as practicable
26		but in no case later than 15 business days, update, correct,

HB5501 Engrossed - 1971 - LRB102 24698 AMC 33937 b
1		modify, or remove the person's record in any database that the
2		Illinois State Police makes available to the National Instant
3		Criminal Background Check System and notify the United States
4		Attorney General that the basis for the record being made
5		available no longer applies. The Illinois State Police shall
6		adopt rules for the administration of this Section.
7		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
8		102-645, eff. 1-1-22; revised 10-15-21.)
9		(430 ILCS 65/11) (from Ch. 38, par. 83-11)
10		Sec. 11. Judicial review of final administrative
11		decisions.
12		(a) All final administrative decisions of the Firearm
13		Owner's Identification Card Review Board under this Act,
14		except final administrative decisions of the Firearm Owner's
15		Identification Card Review Board the Illinois to deny a
16		person's application for relief under subsection (f) of
17		Section 10 of this Act, shall be subject to judicial review
18		under the provisions of the Administrative Review Law, and all
19		amendments and modifications thereof, and the rules adopted
20		pursuant thereto. The term "administrative decision" is
21		defined as in Section 3-101 of the Code of Civil Procedure.
22		(b) Any final administrative decision by the Firearm
23		Owner's Identification Card Review Board the Illinois to deny
24		a person's application for relief under subsection (f) of
25		Section 10 of this Act is subject to de novo judicial review by

HB5501 Engrossed - 1972 - LRB102 24698 AMC 33937 b
1		the circuit court, and any party may offer evidence that is
2		otherwise proper and admissible without regard to whether that
3		evidence is part of the administrative record.
4		(c) The Firearm Owner's Identification Card Review Board
5		the Illinois shall submit a report to the General Assembly on
6		March 1 of each year, beginning March 1, 1991, listing all
7		final decisions by a court of this State upholding, reversing,
8		or reversing in part any administrative decision made by the
9		Illinois State Police.
10		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
11		revised 11-2-21.)
12		(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
13		Sec. 13.2. Renewal; name, photograph, or address change;
14		replacement card. The Illinois State Police shall, 180 days
15		prior to the expiration of a Firearm Owner's Identification
16		Card, forward by first class mail or by other means provided in
17		Section 7.5 to each person whose card is to expire a
18		notification of the expiration of the card and instructions
19		for renewal. It is the obligation of the holder of a Firearm
20		Owner's Identification Card to notify the Illinois State
21		Police of any address change since the issuance of the Firearm
22		Owner's Identification Card. The Illinois State Police may
23		update the applicant and card holder's holders address based
24		upon records in the Secretary of State Driver's License or
25		Illinois identification card records of applicants who do not

HB5501 Engrossed - 1973 - LRB102 24698 AMC 33937 b
1		have driver's licenses. Any person whose legal name has
2		changed from the name on the card that he or she has been
3		previously issued must apply for a corrected card within 30
4		calendar days after the change. The cost for an updated or
5		corrected card shall be $5. The cost for replacement of a card
6		which has been lost, destroyed, or stolen shall be $5 if the
7		loss, destruction, or theft of the card is reported to the
8		Illinois State Police. The fees collected under this Section
9		shall be deposited into the State Police Firearm Services
10		Fund.
11		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
12		revised 10-12-21.)
13		Section 560. The Firearm Concealed Carry Act is amended by
14		changing Sections 10, 20, 30, 50, 55, and 70 as follows:
15		(430 ILCS 66/10)
16		Sec. 10. Issuance of licenses to carry a concealed
17		firearm.
18		(a) The Illinois State Police shall issue a license to
19		carry a concealed firearm under this Act to an applicant who:
20		(1) meets the qualifications of Section 25 of this
21		Act;
22		(2) has provided the application and documentation
23		required in Section 30 of this Act;
24		(3) has submitted the requisite fees; and

HB5501 Engrossed - 1974 - LRB102 24698 AMC 33937 b
1		(4) does not pose a danger to himself, herself, or
2		others, or a threat to public safety as determined by the
3		Concealed Carry Licensing Review Board in accordance with
4		Section 20.
5		(b) The Illinois State Police shall issue a renewal,
6		corrected, or duplicate license as provided in this Act.
7		(c) A license shall be valid throughout the State for a
8		period of 5 years from the date of issuance. A license shall
9		permit the licensee to:
10		(1) carry a loaded or unloaded concealed firearm,
11		fully concealed or partially concealed, on or about his or
12		her person; and
13		(2) keep or carry a loaded or unloaded concealed
14		firearm on or about his or her person within a vehicle.
15		(d) The Illinois State Police shall make applications for
16		a license available no later than 180 days after July 9, 2013
17		(the effective date of this Act). The Illinois State Police
18		shall establish rules for the availability and submission of
19		applications in accordance with this Act.
20		(e) An application for a license submitted to the Illinois
21		State Police that contains all the information and materials
22		required by this Act, including the requisite fee, shall be
23		deemed completed. Except as otherwise provided in this Act, no
24		later than 90 days after receipt of a completed application,
25		the Illinois State Police shall issue or deny the applicant a
26		license. The Illinois State Police shall notify the applicant

HB5501 Engrossed - 1975 - LRB102 24698 AMC 33937 b
1		for a concealed carry license, electronically, to confirm if
2		all the required information and materials have been received.
3		If an applicant for a concealed carry license submits his or
4		her application electronically, the Illinois State Police
5		shall notify the applicant electronically if his or her
6		application is missing information or materials.
7		(f) The Illinois State Police shall deny the applicant a
8		license if the applicant fails to meet the requirements under
9		this Act or the Illinois State Police receives a determination
10		from the Board that the applicant is ineligible for a license.
11		The Illinois State Police must notify the applicant stating
12		the grounds for the denial. The notice of denial must inform
13		the applicant of his or her right to an appeal through
14		administrative and judicial review.
15		(g) A licensee shall possess a license at all times the
16		licensee carries a concealed firearm except:
17		(1) when the licensee is carrying or possessing a
18		concealed firearm on his or her land or in his or her
19		abode, legal dwelling, or fixed place of business, or on
20		the land or in the legal dwelling of another person as an
21		invitee with that person's permission;
22		(2) when the person is authorized to carry a firearm
23		under Section 24-2 of the Criminal Code of 2012, except
24		subsection (a-5) of that Section; or
25		(3) when the handgun is broken down in a
26		non-functioning state, is not immediately accessible, or

HB5501 Engrossed - 1976 - LRB102 24698 AMC 33937 b
1		is unloaded and enclosed in a case.
2		(h) If an officer of a law enforcement agency initiates an
3		investigative stop, including, but not limited to, a traffic
4		stop, of a licensee or a non-resident carrying a concealed
5		firearm under subsection (e) of Section 40 of this Act, upon
6		the request of the officer the licensee or non-resident shall
7		disclose to the officer that he or she is in possession of a
8		concealed firearm under this Act, or present the license upon
9		the request of the officer if he or she is a licensee or
10		present upon the request of the officer evidence under
11		paragraph (2) of subsection (e) of Section 40 of this Act that
12		he or she is a non-resident qualified to carry under that
13		subsection. The disclosure requirement under this subsection
14		(h) is satisfied if the licensee presents his or her license to
15		the officer or the non-resident presents to the officer
16		evidence under paragraph (2) of subsection (e) of Section 40
17		of this Act that he or she is qualified to carry under that
18		subsection. Upon the request of the officer, the licensee or
19		non-resident shall also identify the location of the concealed
20		firearm and permit the officer to safely secure the firearm
21		for the duration of the investigative stop. During a traffic
22		stop, any passenger within the vehicle who is a licensee or a
23		non-resident carrying under subsection (e) of Section 40 of
24		this Act must comply with the requirements of this subsection
25		(h).
26		(h-1) If a licensee carrying a firearm or a non-resident

HB5501 Engrossed - 1977 - LRB102 24698 AMC 33937 b
1		carrying a firearm in a vehicle under subsection (e) of
2		Section 40 of this Act is contacted by a law enforcement
3		officer or emergency services personnel, the law enforcement
4		officer or emergency services personnel may secure the firearm
5		or direct that it be secured during the duration of the contact
6		if the law enforcement officer or emergency services personnel
7		determines that it is necessary for the safety of any person
8		present, including the law enforcement officer or emergency
9		services personnel. The licensee or nonresident shall submit
10		to the order to secure the firearm. When the law enforcement
11		officer or emergency services personnel have determined that
12		the licensee or non-resident is not a threat to the safety of
13		any person present, including the law enforcement officer or
14		emergency services personnel, and if the licensee or
15		non-resident is physically and mentally capable of possessing
16		the firearm, the law enforcement officer or emergency services
17		personnel shall return the firearm to the licensee or
18		non-resident before releasing him or her from the scene and
19		breaking contact. If the licensee or non-resident is
20		transported for treatment to another location, the firearm
21		shall be turned over to any peace officer. The peace officer
22		shall provide a receipt which includes the make, model,
23		caliber, and serial number of the firearm.
24		(i) The Illinois State Police shall maintain a database of
25		license applicants and licensees. The database shall be
26		available to all federal, State, and local law enforcement

HB5501 Engrossed - 1978 - LRB102 24698 AMC 33937 b
1		agencies, State's Attorneys, the Attorney General, and
2		authorized court personnel. Within 180 days after July 9, 2013
3		(the effective date of this Act), the database shall be
4		searchable and provide all information included in the
5		application, including the applicant's previous addresses
6		within the 10 years prior to the license application and any
7		information related to violations of this Act. No law
8		enforcement agency, State's Attorney, Attorney General, or
9		member or staff of the judiciary shall provide any information
10		to a requester who is not entitled to it by law.
11		(j) No later than 10 days after receipt of a completed
12		application, the Illinois State Police shall enter the
13		relevant information about the applicant into the database
14		under subsection (i) of this Section which is accessible by
15		law enforcement agencies.
16		(k) The Illinois State Police shall continuously monitor
17		relevant State and federal databases for firearms prohibitors
18		and correlate those records with concealed carry license
19		holders to ensure compliance with this Act, or State and
20		federal law. The Illinois State Police may adopt rules to
21		implement this subsection.
22		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
23		revised 10-13-21.)
24		(430 ILCS 66/20)
25		Sec. 20. Concealed Carry Licensing Review Board.

HB5501 Engrossed - 1979 - LRB102 24698 AMC 33937 b
1		(a) There is hereby created within the Illinois State
2		Police a Concealed Carry Licensing Review Board to consider
3		any objection to an applicant's eligibility to obtain a
4		license under this Act submitted by a law enforcement agency
5		or the Illinois State Police under Section 15 of this Act. The
6		Board shall consist of 7 commissioners to be appointed by the
7		Governor, with the advice and consent of the Senate, with 3
8		commissioners residing within the First Judicial District and
9		one commissioner residing within each of the 4 remaining
10		Judicial Districts. No more than 4 commissioners shall be
11		members of the same political party. The Governor shall
12		designate one commissioner as the Chairperson. The Board shall
13		consist of:
14		(1) one commissioner with at least 5 years of service
15		as a federal judge;
16		(2) 2 commissioners with at least 5 years of
17		experience serving as an attorney with the United States
18		Department of Justice;
19		(3) 3 commissioners with at least 5 years of
20		experience as a federal agent or employee with
21		investigative experience or duties related to criminal
22		justice under the United States Department of Justice,
23		Drug Enforcement Administration, Department of Homeland
24		Security, or Federal Bureau of Investigation; and
25		(4) one member with at least 5 years of experience as a
26		licensed physician or clinical psychologist with expertise

HB5501 Engrossed - 1980 - LRB102 24698 AMC 33937 b
1		in the diagnosis and treatment of mental illness.
2		(b) The initial terms of the commissioners shall end on
3		January 12, 2015. Notwithstanding any provision in this
4		Section to the contrary, the term of office of each
5		commissioner of the Concealed Carry Licensing Review Board is
6		abolished on January 1, 2022 (the effective date of Public Act
7		102-237) this amendatory Act of the 102nd General Assembly.
8		The terms of the commissioners appointed on or after January
9		1, 2022 (the effective date of Public Act 102-237) this
10		amendatory Act of the 102nd General Assembly shall be as
11		follows: one of the initial members shall be appointed for a
12		term of one year, 3 shall be appointed for terms of 2 years,
13		and 3 shall be appointed for terms of 4 years. Thereafter, the
14		commissioners shall hold office for 4 years, with terms
15		expiring on the second Monday in January of the fourth year.
16		Commissioners may be reappointed. Vacancies in the office of
17		commissioner shall be filled in the same manner as the
18		original appointment, for the remainder of the unexpired term.
19		The Governor may remove a commissioner for incompetence,
20		neglect of duty, malfeasance, or inability to serve.
21		Commissioners shall receive compensation in an amount equal to
22		the compensation of members of the Executive Ethics Commission
23		and may be reimbursed for reasonable expenses actually
24		incurred in the performance of their Board duties, from funds
25		appropriated for that purpose.
26		(c) The Board shall meet at the call of the chairperson as

HB5501 Engrossed - 1981 - LRB102 24698 AMC 33937 b
1		often as necessary to consider objections to applications for
2		a license under this Act. If necessary to ensure the
3		participation of a commissioner, the Board shall allow a
4		commissioner to participate in a Board meeting by electronic
5		communication. Any commissioner participating electronically
6		shall be deemed present for purposes of establishing a quorum
7		and voting.
8		(d) The Board shall adopt rules for the review of
9		objections and the conduct of hearings. The Board shall
10		maintain a record of its decisions and all materials
11		considered in making its decisions. All Board decisions and
12		voting records shall be kept confidential and all materials
13		considered by the Board shall be exempt from inspection except
14		upon order of a court.
15		(e) In considering an objection of a law enforcement
16		agency or the Illinois State Police, the Board shall review
17		the materials received with the objection from the law
18		enforcement agency or the Illinois State Police. By a vote of
19		at least 4 commissioners, the Board may request additional
20		information from the law enforcement agency, Illinois State
21		Police, or the applicant, or the testimony of the law
22		enforcement agency, Illinois State Police, or the applicant.
23		The Board may require that the applicant submit electronic
24		fingerprints to the Illinois State Police for an updated
25		background check where the Board determines it lacks
26		sufficient information to determine eligibility. The Board may

HB5501 Engrossed - 1982 - LRB102 24698 AMC 33937 b
1		only consider information submitted by the Illinois State
2		Police, a law enforcement agency, or the applicant. The Board
3		shall review each objection and determine by a majority of
4		commissioners whether an applicant is eligible for a license.
5		(f) The Board shall issue a decision within 30 days of
6		receipt of the objection from the Illinois State Police.
7		However, the Board need not issue a decision within 30 days if:
8		(1) the Board requests information from the applicant,
9		including but not limited to electronic fingerprints to be
10		submitted to the Illinois State Police, in accordance with
11		subsection (e) of this Section, in which case the Board
12		shall make a decision within 30 days of receipt of the
13		required information from the applicant;
14		(2) the applicant agrees, in writing, to allow the
15		Board additional time to consider an objection; or
16		(3) the Board notifies the applicant and the Illinois
17		State Police that the Board needs an additional 30 days to
18		issue a decision.
19		(g) If the Board determines by a preponderance of the
20		evidence that the applicant poses a danger to himself or
21		herself or others, or is a threat to public safety, then the
22		Board shall affirm the objection of the law enforcement agency
23		or the Illinois State Police and shall notify the Illinois
24		State Police that the applicant is ineligible for a license.
25		If the Board does not determine by a preponderance of the
26		evidence that the applicant poses a danger to himself or

HB5501 Engrossed - 1983 - LRB102 24698 AMC 33937 b
1		herself or others, or is a threat to public safety, then the
2		Board shall notify the Illinois State Police that the
3		applicant is eligible for a license.
4		(h) Meetings of the Board shall not be subject to the Open
5		Meetings Act and records of the Board shall not be subject to
6		the Freedom of Information Act.
7		(i) The Board shall report monthly to the Governor and the
8		General Assembly on the number of objections received and
9		provide details of the circumstances in which the Board has
10		determined to deny licensure based on law enforcement or
11		Illinois State Police objections under Section 15 of this Act.
12		The report shall not contain any identifying information about
13		the applicants.
14		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
15		revised 10-12-21.)
16		(430 ILCS 66/30)
17		Sec. 30. Contents of license application.
18		(a) The license application shall be in writing, under
19		penalty of perjury, on a standard form adopted by the Illinois
20		State Police and shall be accompanied by the documentation
21		required in this Section and the applicable fee. Each
22		application form shall include the following statement printed
23		in bold type: "Warning: Entering false information on this
24		form is punishable as perjury under Section 32-2 of the
25		Criminal Code of 2012."

HB5501 Engrossed - 1984 - LRB102 24698 AMC 33937 b
1		(b) The application shall contain the following:
2		(1) the applicant's name, current address, date and
3		year of birth, place of birth, height, weight, hair color,
4		eye color, maiden name or any other name the applicant has
5		used or identified with, and any address where the
6		applicant resided for more than 30 days within the 10
7		years preceding the date of the license application;
8		(2) the applicant's valid driver's license number or
9		valid state identification card number;
10		(3) a waiver of the applicant's privacy and
11		confidentiality rights and privileges under all federal
12		and state laws, including those limiting access to
13		juvenile court, criminal justice, psychological, or
14		psychiatric records or records relating to any
15		institutionalization of the applicant, and an affirmative
16		request that a person having custody of any of these
17		records provide it or information concerning it to the
18		Illinois State Police. The waiver only applies to records
19		sought in connection with determining whether the
20		applicant qualifies for a license to carry a concealed
21		firearm under this Act, or whether the applicant remains
22		in compliance with the Firearm Owners Identification Card
23		Act;
24		(4) an affirmation that the applicant possesses a
25		currently valid Firearm Owner's Identification Card and
26		card number if possessed or notice the applicant is

HB5501 Engrossed - 1985 - LRB102 24698 AMC 33937 b
1		applying for a Firearm Owner's Identification Card in
2		conjunction with the license application;
3		(5) an affirmation that the applicant has not been
4		convicted or found guilty of:
5		(A) a felony;
6		(B) a misdemeanor involving the use or threat of
7		physical force or violence to any person within the 5
8		years preceding the date of the application; or
9		(C) 2 or more violations related to driving while
10		under the influence of alcohol, other drug or drugs,
11		intoxicating compound or compounds, or any combination
12		thereof, within the 5 years preceding the date of the
13		license application; and
14		(6) whether the applicant has failed a drug test for a
15		drug for which the applicant did not have a prescription,
16		within the previous year, and if so, the provider of the
17		test, the specific substance involved, and the date of the
18		test;
19		(7) written consent for the Illinois State Police to
20		review and use the applicant's Illinois digital driver's
21		license or Illinois identification card photograph and
22		signature;
23		(8) unless submitted under subsection (a-25) of
24		Section 4 of the Firearm Owners Identification Card Act, a
25		full set of fingerprints submitted to the Illinois State
26		Police in electronic format, provided the Illinois State

HB5501 Engrossed - 1986 - LRB102 24698 AMC 33937 b
1		Police may accept an application submitted without a set
2		of fingerprints, in which case the Illinois State Police
3		shall be granted 30 days in addition to the 90 days
4		provided under subsection (e) of Section 10 of this Act to
5		issue or deny a license;
6		(9) a head and shoulder color photograph in a size
7		specified by the Illinois State Police taken within the 30
8		days preceding the date of the license application; and
9		(10) a photocopy of any certificates or other evidence
10		of compliance with the training requirements under this
11		Act.
12		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
13		revised 10-12-21.)
14		(430 ILCS 66/50)
15		Sec. 50. License renewal.
16		(a) This subsection (a) applies through the 180th day
17		following July 12, 2019 (the effective date of Public Act
18		101-80) this amendatory Act of the 101st General Assembly. The
19		Illinois State Police shall, 180 days prior to the expiration
20		of a concealed carry license, notify each person whose license
21		is to expire a notification of the expiration of the license
22		and instructions for renewal. Applications for renewal of a
23		license shall be made to the Illinois State Police. A license
24		shall be renewed for a period of 5 years upon receipt of a
25		completed renewal application, completion of 3 hours of

HB5501 Engrossed - 1987 - LRB102 24698 AMC 33937 b
1		training required under Section 75 of this Act, payment of the
2		applicable renewal fee, and completion of an investigation
3		under Section 35 of this Act. The renewal application shall
4		contain the information required in Section 30 of this Act,
5		except that the applicant need not resubmit a full set of
6		fingerprints.
7		(b) This subsection (b) applies on and after the 181st day
8		following July 12, 2019 (the effective date of Public Act
9		101-80) this amendatory Act of the 101st General Assembly.
10		Applications for renewal of a license shall be made to the
11		Illinois State Police. A license shall be renewed for a period
12		of 5 years from the date of expiration on the applicant's
13		current license upon the receipt of a completed renewal
14		application, completion of 3 hours of training required under
15		Section 75 of this Act, payment of the applicable renewal fee,
16		and completion of an investigation under Section 35 of this
17		Act. The renewal application shall contain the information
18		required in Section 30 of this Act, except that the applicant
19		need not resubmit a full set of fingerprints.
20		(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
21		102-538, eff. 8-20-21; revised 10-15-21.)
22		(430 ILCS 66/55)
23		Sec. 55. Change of address or name; lost, destroyed, or
24		stolen licenses.
25		(a) A licensee shall notify the Illinois State Police

HB5501 Engrossed - 1988 - LRB102 24698 AMC 33937 b
1		within 30 days of moving or changing residence or any change of
2		name. The licensee shall submit the requisite fee and the
3		Illinois State Police may require a notarized statement that
4		the licensee has changed his or her residence or his or her
5		name, including the prior and current address or name and the
6		date the applicant moved or changed his or her name.
7		(b) A licensee shall notify the Illinois State Police
8		within 10 days of discovering that a license has been lost,
9		destroyed, or stolen. A lost, destroyed, or stolen license is
10		invalid. To request a replacement license, the licensee shall
11		submit:
12		(1) a written or electronic acknowledgment that the
13		licensee no longer possesses the license, and that it was
14		lost, destroyed, or stolen;
15		(2) if applicable, a copy of a police report stating
16		that the license was stolen; and
17		(3) the requisite fee.
18		(c) A violation of this Section is a petty offense with a
19		fine of $150 which shall be deposited into the Mental Health
20		Reporting Fund.
21		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
22		revised 10-15-21.)
23		(430 ILCS 66/70)
24		Sec. 70. Violations.
25		(a) A license issued or renewed under this Act shall be

HB5501 Engrossed - 1989 - LRB102 24698 AMC 33937 b
1		revoked if, at any time, the licensee is found to be ineligible
2		for a license under this Act or the licensee no longer meets
3		the eligibility requirements of the Firearm Owners
4		Identification Card Act.
5		(b) A license shall be suspended if an order of
6		protection, including an emergency order of protection,
7		plenary order of protection, or interim order of protection
8		under Article 112A of the Code of Criminal Procedure of 1963 or
9		under the Illinois Domestic Violence Act of 1986, or if a
10		firearms restraining order, including an emergency firearms
11		restraining order, under the Firearms Restraining Order Act,
12		is issued against a licensee for the duration of the order, or
13		if the Illinois State Police is made aware of a similar order
14		issued against the licensee in any other jurisdiction. If an
15		order of protection is issued against a licensee, the licensee
16		shall surrender the license, as applicable, to the court at
17		the time the order is entered or to the law enforcement agency
18		or entity serving process at the time the licensee is served
19		the order. The court, law enforcement agency, or entity
20		responsible for serving the order of protection shall notify
21		the Illinois State Police within 7 days and transmit the
22		license to the Illinois State Police.
23		(c) A license is invalid upon expiration of the license,
24		unless the licensee has submitted an application to renew the
25		license, and the applicant is otherwise eligible to possess a
26		license under this Act.

HB5501 Engrossed - 1990 - LRB102 24698 AMC 33937 b
1		(d) A licensee shall not carry a concealed firearm while
2		under the influence of alcohol, other drug or drugs,
3		intoxicating compound or combination of compounds, or any
4		combination thereof, under the standards set forth in
5		subsection (a) of Section 11-501 of the Illinois Vehicle Code.
6		A licensee in violation of this subsection (d) shall be
7		guilty of a Class A misdemeanor for a first or second violation
8		and a Class 4 felony for a third violation. The Illinois State
9		Police may suspend a license for up to 6 months for a second
10		violation and shall permanently revoke a license for a third
11		violation.
12		(e) Except as otherwise provided, a licensee in violation
13		of this Act shall be guilty of a Class B misdemeanor. A second
14		or subsequent violation is a Class A misdemeanor. The Illinois
15		State Police may suspend a license for up to 6 months for a
16		second violation and shall permanently revoke a license for 3
17		or more violations of Section 65 of this Act. Any person
18		convicted of a violation under this Section shall pay a $150
19		fee to be deposited into the Mental Health Reporting Fund,
20		plus any applicable court costs or fees.
21		(f) A licensee convicted or found guilty of a violation of
22		this Act who has a valid license and is otherwise eligible to
23		carry a concealed firearm shall only be subject to the
24		penalties under this Section and shall not be subject to the
25		penalties under Section 21-6, paragraph (4), (8), or (10) of
26		subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

HB5501 Engrossed - 1991 - LRB102 24698 AMC 33937 b
1		of paragraph (3) of subsection (a) of Section 24-1.6 of the
2		Criminal Code of 2012. Except as otherwise provided in this
3		subsection, nothing in this subsection prohibits the licensee
4		from being subjected to penalties for violations other than
5		those specified in this Act.
6		(g) A licensee whose license is revoked, suspended, or
7		denied shall, within 48 hours of receiving notice of the
8		revocation, suspension, or denial, surrender his or her
9		concealed carry license to the local law enforcement agency
10		where the person resides. The local law enforcement agency
11		shall provide the licensee a receipt and transmit the
12		concealed carry license to the Illinois State Police. If the
13		licensee whose concealed carry license has been revoked,
14		suspended, or denied fails to comply with the requirements of
15		this subsection, the law enforcement agency where the person
16		resides may petition the circuit court to issue a warrant to
17		search for and seize the concealed carry license in the
18		possession and under the custody or control of the licensee
19		whose concealed carry license has been revoked, suspended, or
20		denied. The observation of a concealed carry license in the
21		possession of a person whose license has been revoked,
22		suspended, or denied constitutes a sufficient basis for the
23		arrest of that person for violation of this subsection. A
24		violation of this subsection is a Class A misdemeanor.
25		(h) Except as otherwise provided in subsection (h-5), a
26		license issued or renewed under this Act shall be revoked if,

HB5501 Engrossed - 1992 - LRB102 24698 AMC 33937 b
1		at any time, the licensee is found ineligible for a Firearm
2		Owner's Identification Card, or the licensee no longer
3		possesses a valid Firearm Owner's Identification Card. If the
4		Firearm Owner's Identification Card is expired or suspended
5		rather than denied or revoked, the license may be suspended
6		for a period of up to one year to allow the licensee to
7		reinstate his or her Firearm Owner's Identification Card. The
8		Illinois State Police shall adopt rules to enforce this
9		subsection. A licensee whose license is revoked under this
10		subsection (h) shall surrender his or her concealed carry
11		license as provided for in subsection (g) of this Section.
12		This subsection shall not apply to a person who has filed
13		an application with the Illinois State Police for renewal of a
14		Firearm Owner's Identification Card and who is not otherwise
15		ineligible to obtain a Firearm Owner's Identification Card.
16		(h-5) If the Firearm Owner's Identification Card of a
17		licensee under this Act expires during the term of the license
18		issued under this Act, the license and the Firearm Owner's
19		Identification Card remain valid, and the Illinois State
20		Police may automatically renew the licensee's Firearm Owner's
21		Identification Card as provided in subsection (c) of Section 5
22		of the Firearm Owners Identification Card Act.
23		(i) A certified firearms instructor who knowingly provides
24		or offers to provide a false certification that an applicant
25		has completed firearms training as required under this Act is
26		guilty of a Class A misdemeanor. A person guilty of a violation

HB5501 Engrossed - 1993 - LRB102 24698 AMC 33937 b
1		of this subsection (i) is not eligible for court supervision.
2		The Illinois State Police shall permanently revoke the
3		firearms instructor certification of a person convicted under
4		this subsection (i).
5		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
6		revised 10-15-21.)
7		Section 565. The Firearms Restraining Order Act is amended
8		by changing Sections 35 and 40 as follows:
9		(430 ILCS 67/35)
10		(Text of Section before amendment by P.A. 102-345)
11		Sec. 35. Ex parte orders and emergency hearings.
12		(a) A petitioner may request an emergency firearms
13		restraining order by filing an affidavit or verified pleading
14		alleging that the respondent poses an immediate and present
15		danger of causing personal injury to himself, herself, or
16		another by having in his or her custody or control,
17		purchasing, possessing, or receiving a firearm. The petition
18		shall also describe the type and location of any firearm or
19		firearms presently believed by the petitioner to be possessed
20		or controlled by the respondent.
21		(b) If the respondent is alleged to pose an immediate and
22		present danger of causing personal injury to an intimate
23		partner, or an intimate partner is alleged to have been the
24		target of a threat or act of violence by the respondent, the

HB5501 Engrossed - 1994 - LRB102 24698 AMC 33937 b
1		petitioner shall make a good faith effort to provide notice to
2		any and all intimate partners of the respondent. The notice
3		must include that the petitioner intends to petition the court
4		for an emergency firearms restraining order, and, if the
5		petitioner is a law enforcement officer, referral to relevant
6		domestic violence or stalking advocacy or counseling
7		resources, if appropriate. The petitioner shall attest to
8		having provided the notice in the filed affidavit or verified
9		pleading. If, after making a good faith effort, the petitioner
10		is unable to provide notice to any or all intimate partners,
11		the affidavit or verified pleading should describe what
12		efforts were made.
13		(c) Every person who files a petition for an emergency
14		firearms restraining order, knowing the information provided
15		to the court at any hearing or in the affidavit or verified
16		pleading to be false, is guilty of perjury under Section 32-2
17		of the Criminal Code of 2012.
18		(d) An emergency firearms restraining order shall be
19		issued on an ex parte basis, that is, without notice to the
20		respondent.
21		(e) An emergency hearing held on an ex parte basis shall be
22		held the same day that the petition is filed or the next day
23		that the court is in session.
24		(f) If a circuit or associate judge finds probable cause
25		to believe that the respondent poses an immediate and present
26		danger of causing personal injury to himself, herself, or

HB5501 Engrossed - 1995 - LRB102 24698 AMC 33937 b
1		another by having in his or her custody or control,
2		purchasing, possessing, or receiving a firearm, the circuit or
3		associate judge shall issue an emergency order.
4		(f-5) If the court issues an emergency firearms
5		restraining order, it shall, upon a finding of probable cause
6		that the respondent possesses firearms, issue a search warrant
7		directing a law enforcement agency to seize the respondent's
8		firearms. The court may, as part of that warrant, direct the
9		law enforcement agency to search the respondent's residence
10		and other places where the court finds there is probable cause
11		to believe he or she is likely to possess the firearms.
12		(g) An emergency firearms restraining order shall require:
13		(1) the respondent to refrain from having in his or
14		her custody or control, purchasing, possessing, or
15		receiving additional firearms for the duration of the
16		order under Section 8.2 of the Firearm Owners
17		Identification Card Act; and
18		(2) the respondent to comply with Section 9.5 of the
19		Firearm Owners Identification Card Act and subsection (g)
20		of Section 70 of the Firearm Concealed Carry Act Illinois.
21		(h) Except as otherwise provided in subsection (h-5) of
22		this Section, upon expiration of the period of safekeeping, if
23		the firearms or Firearm Owner's Identification Card and
24		concealed carry license cannot be returned to the respondent
25		because the respondent cannot be located, fails to respond to
26		requests to retrieve the firearms, or is not lawfully eligible

HB5501 Engrossed - 1996 - LRB102 24698 AMC 33937 b
1		to possess a firearm, upon petition from the local law
2		enforcement agency, the court may order the local law
3		enforcement agency to destroy the firearms, use the firearms
4		for training purposes, or use the firearms for any other
5		application as deemed appropriate by the local law enforcement
6		agency.
7		(h-5) On or before January 1, 2022, a respondent whose
8		Firearm Owner's Identification Card has been revoked or
9		suspended may petition the court, if the petitioner is present
10		in court or has notice of the respondent's petition, to
11		transfer the respondent's firearm to a person who is lawfully
12		able to possess the firearm if the person does not reside at
13		the same address as the respondent. Notice of the petition
14		shall be served upon the person protected by the emergency
15		firearms restraining order. While the order is in effect, the
16		transferee who receives the respondent's firearms must swear
17		or affirm by affidavit that he or she shall not transfer the
18		firearm to the respondent or to anyone residing in the same
19		residence as the respondent.
20		(h-6) If a person other than the respondent claims title
21		to any firearms surrendered under this Section, he or she may
22		petition the court, if the petitioner is present in court or
23		has notice of the petition, to have the firearm returned to him
24		or her. If the court determines that person to be the lawful
25		owner of the firearm, the firearm shall be returned to him or
26		her, provided that:

HB5501 Engrossed - 1997 - LRB102 24698 AMC 33937 b
1		(1) the firearm is removed from the respondent's
2		custody, control, or possession and the lawful owner
3		agrees to store the firearm in a manner such that the
4		respondent does not have access to or control of the
5		firearm; and
6		(2) the firearm is not otherwise unlawfully possessed
7		by the owner.
8		The person petitioning for the return of his or her
9		firearm must swear or affirm by affidavit that he or she: (i)
10		is the lawful owner of the firearm; (ii) shall not transfer the
11		firearm to the respondent; and (iii) will store the firearm in
12		a manner that the respondent does not have access to or control
13		of the firearm.
14		(i) In accordance with subsection (e) of this Section, the
15		court shall schedule a full hearing as soon as possible, but no
16		longer than 14 days from the issuance of an ex parte firearms
17		restraining order, to determine if a 6-month firearms
18		restraining order shall be issued. The court may extend an ex
19		parte order as needed, but not to exceed 14 days, to effectuate
20		service of the order or if necessary to continue protection.
21		The court may extend the order for a greater length of time by
22		mutual agreement of the parties.
23		(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
24		102-538, eff. 8-20-21; revised 11-9-21.)
25		(Text of Section after amendment by P.A. 102-345)

HB5501 Engrossed - 1998 - LRB102 24698 AMC 33937 b
1		Sec. 35. Ex parte orders and emergency hearings.
2		(a) A petitioner may request an emergency firearms
3		restraining order by filing an affidavit or verified pleading
4		alleging that the respondent poses an immediate and present
5		danger of causing personal injury to himself, herself, or
6		another by having in his or her custody or control,
7		purchasing, possessing, or receiving a firearm, ammunition, or
8		firearm parts that could be assembled to make an operable
9		firearm. The petition shall also describe the type and
10		location of any firearm or firearms, ammunition, or firearm
11		parts that could be assembled to make an operable firearm
12		presently believed by the petitioner to be possessed or
13		controlled by the respondent.
14		(b) If the respondent is alleged to pose an immediate and
15		present danger of causing personal injury to an intimate
16		partner, or an intimate partner is alleged to have been the
17		target of a threat or act of violence by the respondent, the
18		petitioner shall make a good faith effort to provide notice to
19		any and all intimate partners of the respondent. The notice
20		must include that the petitioner intends to petition the court
21		for an emergency firearms restraining order, and, if the
22		petitioner is a law enforcement officer, referral to relevant
23		domestic violence or stalking advocacy or counseling
24		resources, if appropriate. The petitioner shall attest to
25		having provided the notice in the filed affidavit or verified
26		pleading. If, after making a good faith effort, the petitioner

HB5501 Engrossed - 1999 - LRB102 24698 AMC 33937 b
1		is unable to provide notice to any or all intimate partners,
2		the affidavit or verified pleading should describe what
3		efforts were made.
4		(c) Every person who files a petition for an emergency
5		firearms restraining order, knowing the information provided
6		to the court at any hearing or in the affidavit or verified
7		pleading to be false, is guilty of perjury under Section 32-2
8		of the Criminal Code of 2012.
9		(d) An emergency firearms restraining order shall be
10		issued on an ex parte basis, that is, without notice to the
11		respondent.
12		(e) An emergency hearing held on an ex parte basis shall be
13		held the same day that the petition is filed or the next day
14		that the court is in session.
15		(f) If a circuit or associate judge finds probable cause
16		to believe that the respondent poses an immediate and present
17		danger of causing personal injury to himself, herself, or
18		another by having in his or her custody or control,
19		purchasing, possessing, or receiving a firearm, ammunition, or
20		firearm parts that could be assembled to make an operable
21		firearm, the circuit or associate judge shall issue an
22		emergency order.
23		(f-5) If the court issues an emergency firearms
24		restraining order, it shall, upon a finding of probable cause
25		that the respondent possesses firearms, ammunition, or firearm
26		parts that could be assembled to make an operable firearm,

HB5501 Engrossed - 2000 - LRB102 24698 AMC 33937 b
1		issue a search warrant directing a law enforcement agency to
2		seize the respondent's firearms, ammunition, and firearm parts
3		that could be assembled to make an operable firearm. The court
4		may, as part of that warrant, direct the law enforcement
5		agency to search the respondent's residence and other places
6		where the court finds there is probable cause to believe he or
7		she is likely to possess the firearms, ammunition, or firearm
8		parts that could be assembled to make an operable firearm. A
9		return of the search warrant shall be filed by the law
10		enforcement agency within 4 days thereafter, setting forth the
11		time, date, and location that the search warrant was executed
12		and what items, if any, were seized.
13		(g) An emergency firearms restraining order shall require:
14		(1) the respondent to refrain from having in his or
15		her custody or control, purchasing, possessing, or
16		receiving additional firearms, ammunition, or firearm
17		parts that could be assembled to make an operable firearm,
18		or removing firearm parts that could be assembled to make
19		an operable firearm for the duration of the order under
20		Section 8.2 of the Firearm Owners Identification Card Act;
21		and
22		(2) the respondent to comply with Section 9.5 of the
23		Firearm Owners Identification Card Act and subsection (g)
24		of Section 70 of the Firearm Concealed Carry Act Illinois,
25		ammunition, and firearm parts that could be assembled to
26		make an operable firearm.

HB5501 Engrossed - 2001 - LRB102 24698 AMC 33937 b
1		(h) Except as otherwise provided in subsection (h-5) of
2		this Section, upon expiration of the period of safekeeping, if
3		the firearms, ammunition, and firearm parts that could be
4		assembled to make an operable firearm or Firearm Owner's
5		Identification Card and concealed carry license cannot be
6		returned to the respondent because the respondent cannot be
7		located, fails to respond to requests to retrieve the
8		firearms, or is not lawfully eligible to possess a firearm,
9		ammunition, or firearm parts that could be assembled to make
10		an operable firearm, upon petition from the local law
11		enforcement agency, the court may order the local law
12		enforcement agency to destroy the firearms, ammunition, and
13		firearm parts that could be assembled to make an operable
14		firearm, use the firearms, ammunition, and firearm parts that
15		could be assembled to make an operable firearm for training
16		purposes, or use the firearms, ammunition, and firearm parts
17		that could be assembled to make an operable firearm for any
18		other application as deemed appropriate by the local law
19		enforcement agency.
20		(h-5) On or before January 1, 2022, a respondent whose
21		Firearm Owner's Identification Card has been revoked or
22		suspended may petition the court, if the petitioner is present
23		in court or has notice of the respondent's petition, to
24		transfer the respondent's firearm, ammunition, and firearm
25		parts that could be assembled to make an operable firearm to a
26		person who is lawfully able to possess the firearm,

HB5501 Engrossed - 2002 - LRB102 24698 AMC 33937 b
1		ammunition, and firearm parts that could be assembled to make
2		an operable firearm if the person does not reside at the same
3		address as the respondent. Notice of the petition shall be
4		served upon the person protected by the emergency firearms
5		restraining order. While the order is in effect, the
6		transferee who receives the respondent's firearms, ammunition,
7		and firearm parts that could be assembled to make an operable
8		firearm must swear or affirm by affidavit that he or she shall
9		not transfer the firearm, ammunition, and firearm parts that
10		could be assembled to make an operable firearm to the
11		respondent or to anyone residing in the same residence as the
12		respondent.
13		(h-6) If a person other than the respondent claims title
14		to any firearms, ammunition, and firearm parts that could be
15		assembled to make an operable firearm surrendered under this
16		Section, he or she may petition the court, if the petitioner is
17		present in court or has notice of the petition, to have the
18		firearm, ammunition, and firearm parts that could be assembled
19		to make an operable firearm returned to him or her. If the
20		court determines that person to be the lawful owner of the
21		firearm, ammunition, and firearm parts that could be assembled
22		to make an operable firearm, the firearm, ammunition, and
23		firearm parts that could be assembled to make an operable
24		firearm shall be returned to him or her, provided that:
25		(1) the firearm, ammunition, and firearm parts that
26		could be assembled to make an operable firearm are removed

HB5501 Engrossed - 2003 - LRB102 24698 AMC 33937 b
1		from the respondent's custody, control, or possession and
2		the lawful owner agrees to store the firearm, ammunition,
3		and firearm parts that could be assembled to make an
4		operable firearm in a manner such that the respondent does
5		not have access to or control of the firearm, ammunition,
6		and firearm parts that could be assembled to make an
7		operable firearm; and
8		(2) the firearm, ammunition, and firearm parts that
9		could be assembled to make an operable firearm are not
10		otherwise unlawfully possessed by the owner.
11		The person petitioning for the return of his or her
12		firearm, ammunition, and firearm parts that could be assembled
13		to make an operable firearm must swear or affirm by affidavit
14		that he or she: (i) is the lawful owner of the firearm,
15		ammunition, and firearm parts that could be assembled to make
16		an operable firearm; (ii) shall not transfer the firearm,
17		ammunition, and firearm parts that could be assembled to make
18		an operable firearm to the respondent; and (iii) will store
19		the firearm, ammunition, and firearm parts that could be
20		assembled to make an operable firearm in a manner that the
21		respondent does not have access to or control of the firearm,
22		ammunition, and firearm parts that could be assembled to make
23		an operable firearm.
24		(i) In accordance with subsection (e) of this Section, the
25		court shall schedule a full hearing as soon as possible, but no
26		longer than 14 days from the issuance of an ex parte firearms

HB5501 Engrossed - 2004 - LRB102 24698 AMC 33937 b
1		restraining order, to determine if a 6-month firearms
2		restraining order shall be issued. The court may extend an ex
3		parte order as needed, but not to exceed 14 days, to effectuate
4		service of the order or if necessary to continue protection.
5		The court may extend the order for a greater length of time by
6		mutual agreement of the parties.
7		(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
8		102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-9-21.)
9		(430 ILCS 67/40)
10		(Text of Section before amendment by P.A. 102-237)
11		Sec. 40. Six-month orders.
12		(a) A petitioner may request a 6-month firearms
13		restraining order by filing an affidavit or verified pleading
14		alleging that the respondent poses a significant danger of
15		causing personal injury to himself, herself, or another in the
16		near future by having in his or her custody or control,
17		purchasing, possessing, or receiving a firearm. The petition
18		shall also describe the number, types, and locations of any
19		firearms presently believed by the petitioner to be possessed
20		or controlled by the respondent.
21		(b) If the respondent is alleged to pose a significant
22		danger of causing personal injury to an intimate partner, or
23		an intimate partner is alleged to have been the target of a
24		threat or act of violence by the respondent, the petitioner
25		shall make a good faith effort to provide notice to any and all

HB5501 Engrossed - 2005 - LRB102 24698 AMC 33937 b
1		intimate partners of the respondent. The notice must include
2		that the petitioner intends to petition the court for a
3		6-month firearms restraining order, and, if the petitioner is
4		a law enforcement officer, referral to relevant domestic
5		violence or stalking advocacy or counseling resources, if
6		appropriate. The petitioner shall attest to having provided
7		the notice in the filed affidavit or verified pleading. If,
8		after making a good faith effort, the petitioner is unable to
9		provide notice to any or all intimate partners, the affidavit
10		or verified pleading should describe what efforts were made.
11		(c) Every person who files a petition for a 6-month
12		firearms restraining order, knowing the information provided
13		to the court at any hearing or in the affidavit or verified
14		pleading to be false, is guilty of perjury under Section 32-2
15		of the Criminal Code of 2012.
16		(d) Upon receipt of a petition for a 6-month firearms
17		restraining order, the court shall order a hearing within 30
18		days.
19		(e) In determining whether to issue a firearms restraining
20		order under this Section, the court shall consider evidence
21		including, but not limited to, the following:
22		(1) The unlawful and reckless use, display, or
23		brandishing of a firearm by the respondent.
24		(2) The history of use, attempted use, or threatened
25		use of physical force by the respondent against another
26		person.

HB5501 Engrossed - 2006 - LRB102 24698 AMC 33937 b
1		(3) Any prior arrest of the respondent for a felony
2		offense.
3		(4) Evidence of the abuse of controlled substances or
4		alcohol by the respondent.
5		(5) A recent threat of violence or act of violence by
6		the respondent directed toward himself, herself, or
7		another.
8		(6) A violation of an emergency order of protection
9		issued under Section 217 of the Illinois Domestic Violence
10		Act of 1986 or Section 112A-17 of the Code of Criminal
11		Procedure of 1963 or of an order of protection issued
12		under Section 214 of the Illinois Domestic Violence Act of
13		1986 or Section 112A-14 of the Code of Criminal Procedure
14		of 1963.
15		(7) A pattern of violent acts or violent threats,
16		including, but not limited to, threats of violence or acts
17		of violence by the respondent directed toward himself,
18		herself, or another.
19		(f) At the hearing, the petitioner shall have the burden
20		of proving, by clear and convincing evidence, that the
21		respondent poses a significant danger of personal injury to
22		himself, herself, or another by having in his or her custody or
23		control, purchasing, possessing, or receiving a firearm.
24		(g) If the court finds that there is clear and convincing
25		evidence to issue a firearms restraining order, the court
26		shall issue a firearms restraining order that shall be in

HB5501 Engrossed - 2007 - LRB102 24698 AMC 33937 b
1		effect for 6 months subject to renewal under Section 45 of this
2		Act or termination under that Section.
3		(g-5) If the court issues a 6-month firearms restraining
4		order, it shall, upon a finding of probable cause that the
5		respondent possesses firearms, issue a search warrant
6		directing a law enforcement agency to seize the respondent's
7		firearms. The court may, as part of that warrant, direct the
8		law enforcement agency to search the respondent's residence
9		and other places where the court finds there is probable cause
10		to believe he or she is likely to possess the firearms.
11		(h) A 6-month firearms restraining order shall require:
12		(1) the respondent to refrain from having in his or
13		her custody or control, purchasing, possessing, or
14		receiving additional firearms for the duration of the
15		order under Section 8.2 of the Firearm Owners
16		Identification Card Act; and
17		(2) the respondent to comply with Section 9.5 of the
18		Firearm Owners Identification Card Act and subsection (g)
19		of Section 70 of the Firearm Concealed Carry Act. Illinois
20		(i) Except as otherwise provided in subsection (i-5) of
21		this Section, upon expiration of the period of safekeeping, if
22		the firearms or Firearm Owner's Identification Card cannot be
23		returned to the respondent because the respondent cannot be
24		located, fails to respond to requests to retrieve the
25		firearms, or is not lawfully eligible to possess a firearm,
26		upon petition from the local law enforcement agency, the court

HB5501 Engrossed - 2008 - LRB102 24698 AMC 33937 b
1		may order the local law enforcement agency to destroy the
2		firearms, use the firearms for training purposes, or use the
3		firearms for any other application as deemed appropriate by
4		the local law enforcement agency.
5		(i-5) A respondent whose Firearm Owner's Identification
6		Card has been revoked or suspended may petition the court, if
7		the petitioner is present in court or has notice of the
8		respondent's petition, to transfer the respondent's firearm to
9		a person who is lawfully able to possess the firearm if the
10		person does not reside at the same address as the respondent.
11		Notice of the petition shall be served upon the person
12		protected by the emergency firearms restraining order. While
13		the order is in effect, the transferee who receives the
14		respondent's firearms must swear or affirm by affidavit that
15		he or she shall not transfer the firearm to the respondent or
16		to anyone residing in the same residence as the respondent.
17		(i-6) If a person other than the respondent claims title
18		to any firearms surrendered under this Section, he or she may
19		petition the court, if the petitioner is present in court or
20		has notice of the petition, to have the firearm returned to him
21		or her. If the court determines that person to be the lawful
22		owner of the firearm, the firearm shall be returned to him or
23		her, provided that:
24		(1) the firearm is removed from the respondent's
25		custody, control, or possession and the lawful owner
26		agrees to store the firearm in a manner such that the

HB5501 Engrossed - 2009 - LRB102 24698 AMC 33937 b
1		respondent does not have access to or control of the
2		firearm; and
3		(2) the firearm is not otherwise unlawfully possessed
4		by the owner.
5		The person petitioning for the return of his or her
6		firearm must swear or affirm by affidavit that he or she: (i)
7		is the lawful owner of the firearm; (ii) shall not transfer the
8		firearm to the respondent; and (iii) will store the firearm in
9		a manner that the respondent does not have access to or control
10		of the firearm.
11		(j) If the court does not issue a firearms restraining
12		order at the hearing, the court shall dissolve any emergency
13		firearms restraining order then in effect.
14		(k) When the court issues a firearms restraining order
15		under this Section, the court shall inform the respondent that
16		he or she is entitled to one hearing during the period of the
17		order to request a termination of the order, under Section 45
18		of this Act, and shall provide the respondent with a form to
19		request a hearing.
20		(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
21		102-538, eff. 8-20-21; revised 11-3-21.)
22		(Text of Section after amendment by P.A. 102-345)
23		Sec. 40. Six-month orders.
24		(a) A petitioner may request a 6-month firearms
25		restraining order by filing an affidavit or verified pleading

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1		alleging that the respondent poses a significant danger of
2		causing personal injury to himself, herself, or another in the
3		near future by having in his or her custody or control,
4		purchasing, possessing, or receiving a firearm, ammunition,
5		and firearm parts that could be assembled to make an operable
6		firearm. The petition shall also describe the number, types,
7		and locations of any firearms, ammunition, and firearm parts
8		that could be assembled to make an operable firearm presently
9		believed by the petitioner to be possessed or controlled by
10		the respondent.
11		(b) If the respondent is alleged to pose a significant
12		danger of causing personal injury to an intimate partner, or
13		an intimate partner is alleged to have been the target of a
14		threat or act of violence by the respondent, the petitioner
15		shall make a good faith effort to provide notice to any and all
16		intimate partners of the respondent. The notice must include
17		that the petitioner intends to petition the court for a
18		6-month firearms restraining order, and, if the petitioner is
19		a law enforcement officer, referral to relevant domestic
20		violence or stalking advocacy or counseling resources, if
21		appropriate. The petitioner shall attest to having provided
22		the notice in the filed affidavit or verified pleading. If,
23		after making a good faith effort, the petitioner is unable to
24		provide notice to any or all intimate partners, the affidavit
25		or verified pleading should describe what efforts were made.
26		(c) Every person who files a petition for a 6-month

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1		firearms restraining order, knowing the information provided
2		to the court at any hearing or in the affidavit or verified
3		pleading to be false, is guilty of perjury under Section 32-2
4		of the Criminal Code of 2012.
5		(d) Upon receipt of a petition for a 6-month firearms
6		restraining order, the court shall order a hearing within 30
7		days.
8		(e) In determining whether to issue a firearms restraining
9		order under this Section, the court shall consider evidence
10		including, but not limited to, the following:
11		(1) The unlawful and reckless use, display, or
12		brandishing of a firearm, ammunition, and firearm parts
13		that could be assembled to make an operable firearm by the
14		respondent.
15		(2) The history of use, attempted use, or threatened
16		use of physical force by the respondent against another
17		person.
18		(3) Any prior arrest of the respondent for a felony
19		offense.
20		(4) Evidence of the abuse of controlled substances or
21		alcohol by the respondent.
22		(5) A recent threat of violence or act of violence by
23		the respondent directed toward himself, herself, or
24		another.
25		(6) A violation of an emergency order of protection
26		issued under Section 217 of the Illinois Domestic Violence

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1		Act of 1986 or Section 112A-17 of the Code of Criminal
2		Procedure of 1963 or of an order of protection issued
3		under Section 214 of the Illinois Domestic Violence Act of
4		1986 or Section 112A-14 of the Code of Criminal Procedure
5		of 1963.
6		(7) A pattern of violent acts or violent threats,
7		including, but not limited to, threats of violence or acts
8		of violence by the respondent directed toward himself,
9		herself, or another.
10		(f) At the hearing, the petitioner shall have the burden
11		of proving, by clear and convincing evidence, that the
12		respondent poses a significant danger of personal injury to
13		himself, herself, or another by having in his or her custody or
14		control, purchasing, possessing, or receiving a firearm,
15		ammunition, and firearm parts that could be assembled to make
16		an operable firearm.
17		(g) If the court finds that there is clear and convincing
18		evidence to issue a firearms restraining order, the court
19		shall issue a firearms restraining order that shall be in
20		effect for 6 months subject to renewal under Section 45 of this
21		Act or termination under that Section.
22		(g-5) If the court issues a 6-month firearms restraining
23		order, it shall, upon a finding of probable cause that the
24		respondent possesses firearms, ammunition, and firearm parts
25		that could be assembled to make an operable firearm, issue a
26		search warrant directing a law enforcement agency to seize the

HB5501 Engrossed - 2013 - LRB102 24698 AMC 33937 b
1		respondent's firearms, ammunition, and firearm parts that
2		could be assembled to make an operable firearm. The court may,
3		as part of that warrant, direct the law enforcement agency to
4		search the respondent's residence and other places where the
5		court finds there is probable cause to believe he or she is
6		likely to possess the firearms, ammunition, and firearm parts
7		that could be assembled to make an operable firearm. A return
8		of the search warrant shall be filed by the law enforcement
9		agency within 4 days thereafter, setting forth the time, date,
10		and location that the search warrant was executed and what
11		items, if any, were seized.
12		(h) A 6-month firearms restraining order shall require:
13		(1) the respondent to refrain from having in his or
14		her custody or control, purchasing, possessing, or
15		receiving additional firearms, ammunition, and firearm
16		parts that could be assembled to make an operable firearm
17		for the duration of the order under Section 8.2 of the
18		Firearm Owners Identification Card Act; and
19		(2) the respondent to comply with Section 9.5 of the
20		Firearm Owners Identification Card Act and subsection (g)
21		of Section 70 of the Firearm Concealed Carry Act,
22		ammunition, and firearm parts that could be assembled to
23		make an operable firearm. Illinois, ammunition, and
24		firearm parts that could be assembled to make an operable
25		firearm
26		(i) Except as otherwise provided in subsection (i-5) of

HB5501 Engrossed - 2014 - LRB102 24698 AMC 33937 b
1		this Section, upon expiration of the period of safekeeping, if
2		the firearms, ammunition, and firearm parts that could be
3		assembled to make an operable firearm or Firearm Owner's
4		Identification Card cannot be returned to the respondent
5		because the respondent cannot be located, fails to respond to
6		requests to retrieve the firearms, ammunition, and firearm
7		parts that could be assembled to make an operable firearm, or
8		is not lawfully eligible to possess a firearm, ammunition, and
9		firearm parts that could be assembled to make an operable
10		firearm, upon petition from the local law enforcement agency,
11		the court may order the local law enforcement agency to
12		destroy the firearms, ammunition, and firearm parts that could
13		be assembled to make an operable firearm, use the firearms,
14		ammunition, and firearm parts that could be assembled to make
15		an operable firearm for training purposes, or use the
16		firearms, ammunition, and firearm parts that could be
17		assembled to make an operable firearm for any other
18		application as deemed appropriate by the local law enforcement
19		agency.
20		(i-5) A respondent whose Firearm Owner's Identification
21		Card has been revoked or suspended may petition the court, if
22		the petitioner is present in court or has notice of the
23		respondent's petition, to transfer the respondent's firearm,
24		ammunition, and firearm parts that could be assembled to make
25		an operable firearm to a person who is lawfully able to possess
26		the firearm, ammunition, and firearm parts that could be

HB5501 Engrossed - 2015 - LRB102 24698 AMC 33937 b
1		assembled to make an operable firearm if the person does not
2		reside at the same address as the respondent. Notice of the
3		petition shall be served upon the person protected by the
4		emergency firearms restraining order. While the order is in
5		effect, the transferee who receives the respondent's firearms,
6		ammunition, and firearm parts that could be assembled to make
7		an operable firearm must swear or affirm by affidavit that he
8		or she shall not transfer the firearm, ammunition, and firearm
9		parts that could be assembled to make an operable firearm to
10		the respondent or to anyone residing in the same residence as
11		the respondent.
12		(i-6) If a person other than the respondent claims title
13		to any firearms, ammunition, and firearm parts that could be
14		assembled to make an operable firearm surrendered under this
15		Section, he or she may petition the court, if the petitioner is
16		present in court or has notice of the petition, to have the
17		firearm, ammunition, and firearm parts that could be assembled
18		to make an operable firearm returned to him or her. If the
19		court determines that person to be the lawful owner of the
20		firearm, ammunition, and firearm parts that could be assembled
21		to make an operable firearm, the firearm, ammunition, and
22		firearm parts that could be assembled to make an operable
23		firearm shall be returned to him or her, provided that:
24		(1) the firearm, ammunition, and firearm parts that
25		could be assembled to make an operable firearm are removed
26		from the respondent's custody, control, or possession and

HB5501 Engrossed - 2016 - LRB102 24698 AMC 33937 b
1		the lawful owner agrees to store the firearm, ammunition,
2		and firearm parts that could be assembled to make an
3		operable firearm in a manner such that the respondent does
4		not have access to or control of the firearm, ammunition,
5		and firearm parts that could be assembled to make an
6		operable firearm; and
7		(2) the firearm, ammunition, and firearm parts that
8		could be assembled to make an operable firearm are not
9		otherwise unlawfully possessed by the owner.
10		The person petitioning for the return of his or her
11		firearm, ammunition, and firearm parts that could be assembled
12		to make an operable firearm must swear or affirm by affidavit
13		that he or she: (i) is the lawful owner of the firearm,
14		ammunition, and firearm parts that could be assembled to make
15		an operable firearm; (ii) shall not transfer the firearm,
16		ammunition, and firearm parts that could be assembled to make
17		an operable firearm to the respondent; and (iii) will store
18		the firearm, ammunition, and firearm parts that could be
19		assembled to make an operable firearm in a manner that the
20		respondent does not have access to or control of the firearm,
21		ammunition, and firearm parts that could be assembled to make
22		an operable firearm.
23		(j) If the court does not issue a firearms restraining
24		order at the hearing, the court shall dissolve any emergency
25		firearms restraining order then in effect.
26		(k) When the court issues a firearms restraining order

HB5501 Engrossed - 2017 - LRB102 24698 AMC 33937 b
1		under this Section, the court shall inform the respondent that
2		he or she is entitled to one hearing during the period of the
3		order to request a termination of the order, under Section 45
4		of this Act, and shall provide the respondent with a form to
5		request a hearing.
6		(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
7		102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-3-21.)
8		Section 570. The Wildlife Code is amended by changing
9		Section 3.3 as follows:
10		(520 ILCS 5/3.3) (from Ch. 61, par. 3.3)
11		Sec. 3.3. Trapping license required. Before any person
12		shall trap any of the mammals protected by this Act, for which
13		an open trapping season has been established, he shall first
14		procure a trapping license from the Department to do so. No
15		traps shall be placed in the field, set or unset, prior to the
16		opening day of the trapping season.
17		Traps used in the taking of such mammals shall be marked or
18		tagged with metal tags or inscribed in lettering giving the
19		name and address of the owner or the customer identification
20		number issued by the Department, and absence of such mark or
21		tag shall be prima facie evidence that such trap or traps are
22		illegally used and the trap or traps shall be confiscated and
23		disposed of as directed by the Department.
24		Before any person 18 years of age or older shall trap,

HB5501 Engrossed - 2018 - LRB102 24698 AMC 33937 b
1		attempt to trap, or sell the green hides of any mammal of the
2		species defined as fur-bearing mammals by Section 2.2 for
3		which an open season is established under this Act, he shall
4		first have procured a State Habitat Stamp.
5		Beginning January 1, 2016, no trapping license shall be
6		issued to any person born on or after January 1, 1998 unless he
7		or she presents to the authorized issuer of the license
8		evidence that he or she has a certificate of competency
9		provided for in this Section.
10		The Department of Natural Resources shall authorize
11		personnel of the Department, or volunteer instructors, found
12		by the Department to be competent, to provide instruction in
13		courses on trapping techniques and ethical trapping behavior
14		as needed throughout the State, which courses shall be at
15		least 8 hours in length. Persons so authorized shall provide
16		instruction in such courses to individuals at no charge, and
17		shall issue to individuals successfully completing such
18		courses certificates of competency in basic trapping
19		techniques. The Department shall cooperate in establishing
20		such courses with any reputable association or organization
21		which has as one of its objectives the promotion of the ethical
22		use of legal fur harvesting devices and techniques. The
23		Department shall furnish information on the requirements of
24		the trapper education program to be distributed free of charge
25		to applicants for trapping licenses by the persons appointed
26		and authorized to issue licenses.

HB5501 Engrossed - 2019 - LRB102 24698 AMC 33937 b
1		The owners residing on, or bona fide tenants of farm
2		lands, and their children actually residing on such lands,
3		shall have the right to trap mammals protected by this Act, for
4		which an open trapping season has been established, upon such
5		lands, without procuring licenses, provided that such mammals
6		are taken during the periods of time and with such devices as
7		are permitted by this Act.
8		Any person on active duty in the Armed Forces or any person
9		with a disability who is a resident of Illinois, may trap any
10		of the species protected by Section 2.2, during such times,
11		with such devices, and by such methods as are permitted by this
12		Act, without procuring a trapping license. For the purposes of
13		this Section, a person is considered a person with a
14		disability if he or she has a Type 1 or Type 4, Class 2
15		disability as defined in Section 4A of the Illinois
16		Identification Card Act. For purposes of this Section, an
17		Illinois Person with a Disability Identification Card issued
18		pursuant to the Illinois Identification Card Act indicating
19		that the person thereon named has a Type 1 or Type 4, Class 2
20		disability shall be adequate documentation of such a
21		disability.
22		(Source: P.A. 101-81, eff. 7-12-19; 102-524, eff. 8-20-21;
23		revised 11-29-21.)
24		Section 575. The Illinois Vehicle Code is amended by
25		changing Sections 3-117.1, 3-699.14, 5-102, 5-402.1, 6-106.1,

HB5501 Engrossed - 2020 - LRB102 24698 AMC 33937 b
1		6-107.5, 6-206, 6-508, 11-212, 11-907, 11-1201.1, 13-108,
2		13-109.1, 15-102, 15-305, 16-103, and 16-105 as follows:
3		(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
4		Sec. 3-117.1. When junking certificates or salvage
5		certificates must be obtained.
6		(a) Except as provided in Chapter 4 and Section 3-117.3 of
7		this Code, a person who possesses a junk vehicle shall within
8		15 days cause the certificate of title, salvage certificate,
9		certificate of purchase, or a similarly acceptable
10		out-of-state document of ownership to be surrendered to the
11		Secretary of State along with an application for a junking
12		certificate, except as provided in Section 3-117.2, whereupon
13		the Secretary of State shall issue to such a person a junking
14		certificate, which shall authorize the holder thereof to
15		possess, transport, or, by an endorsement, transfer ownership
16		in such junked vehicle, and a certificate of title shall not
17		again be issued for such vehicle. The owner of a junk vehicle
18		is not required to surrender the certificate of title under
19		this subsection if (i) there is no lienholder on the
20		certificate of title or (ii) the owner of the junk vehicle has
21		a valid lien release from the lienholder releasing all
22		interest in the vehicle and the owner applying for the junk
23		certificate matches the current record on the certificate of
24		title file for the vehicle.
25		A licensee who possesses a junk vehicle and a Certificate

HB5501 Engrossed - 2021 - LRB102 24698 AMC 33937 b
1		of Title, Salvage Certificate, Certificate of Purchase, or a
2		similarly acceptable out-of-state document of ownership for
3		such junk vehicle, may transport the junk vehicle to another
4		licensee prior to applying for or obtaining a junking
5		certificate, by executing a uniform invoice. The licensee
6		transferor shall furnish a copy of the uniform invoice to the
7		licensee transferee at the time of transfer. In any case, the
8		licensee transferor shall apply for a junking certificate in
9		conformance with Section 3-117.1 of this Chapter. The
10		following information shall be contained on a uniform invoice:
11		(1) The business name, address, and dealer license
12		number of the person disposing of the vehicle, junk
13		vehicle, or vehicle cowl;
14		(2) The name and address of the person acquiring the
15		vehicle, junk vehicle, or vehicle cowl, and, if that
16		person is a dealer, the Illinois or out-of-state dealer
17		license number of that dealer;
18		(3) The date of the disposition of the vehicle, junk
19		vehicle, or vehicle cowl;
20		(4) The year, make, model, color, and description of
21		each vehicle, junk vehicle, or vehicle cowl disposed of by
22		such person;
23		(5) The manufacturer's vehicle identification number,
24		Secretary of State identification number, or Illinois
25		State Police number, for each vehicle, junk vehicle, or
26		vehicle cowl part disposed of by such person;

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1		(6) The printed name and legible signature of the
2		person or agent disposing of the vehicle, junk vehicle, or
3		vehicle cowl; and
4		(7) The printed name and legible signature of the
5		person accepting delivery of the vehicle, junk vehicle, or
6		vehicle cowl.
7		The Secretary of State may certify a junking manifest in a
8		form prescribed by the Secretary of State that reflects those
9		vehicles for which junking certificates have been applied or
10		issued. A junking manifest may be issued to any person and it
11		shall constitute evidence of ownership for the vehicle listed
12		upon it. A junking manifest may be transferred only to a person
13		licensed under Section 5-301 of this Code as a scrap
14		processor. A junking manifest will allow the transportation of
15		those vehicles to a scrap processor prior to receiving the
16		junk certificate from the Secretary of State.
17		(b) An application for a salvage certificate shall be
18		submitted to the Secretary of State in any of the following
19		situations:
20		(1) When an insurance company makes a payment of
21		damages on a total loss claim for a vehicle, the insurance
22		company shall be deemed to be the owner of such vehicle and
23		the vehicle shall be considered to be salvage except that
24		ownership of (i) a vehicle that has incurred only hail
25		damage that does not affect the operational safety of the
26		vehicle or (ii) any vehicle 9 model years of age or older

HB5501 Engrossed - 2023 - LRB102 24698 AMC 33937 b
1		may, by agreement between the registered owner and the
2		insurance company, be retained by the registered owner of
3		such vehicle. The insurance company shall promptly deliver
4		or mail within 20 days the certificate of title along with
5		proper application and fee to the Secretary of State, and
6		a salvage certificate shall be issued in the name of the
7		insurance company. Notwithstanding the foregoing, an
8		insurer making payment of damages on a total loss claim
9		for the theft of a vehicle shall not be required to apply
10		for a salvage certificate unless the vehicle is recovered
11		and has incurred damage that initially would have caused
12		the vehicle to be declared a total loss by the insurer.
13		(1.1) When a vehicle of a self-insured company is to
14		be sold in the State of Illinois and has sustained damaged
15		by collision, fire, theft, rust corrosion, or other means
16		so that the self-insured company determines the vehicle to
17		be a total loss, or if the cost of repairing the damage,
18		including labor, would be greater than 70% of its fair
19		market value without that damage, the vehicle shall be
20		considered salvage. The self-insured company shall
21		promptly deliver the certificate of title along with
22		proper application and fee to the Secretary of State, and
23		a salvage certificate shall be issued in the name of the
24		self-insured company. A self-insured company making
25		payment of damages on a total loss claim for the theft of a
26		vehicle may exchange the salvage certificate for a

HB5501 Engrossed - 2024 - LRB102 24698 AMC 33937 b
1		certificate of title if the vehicle is recovered without
2		damage. In such a situation, the self-insured shall fill
3		out and sign a form prescribed by the Secretary of State
4		which contains an affirmation under penalty of perjury
5		that the vehicle was recovered without damage and the
6		Secretary of State may, by rule, require photographs to be
7		submitted.
8		(2) When a vehicle the ownership of which has been
9		transferred to any person through a certificate of
10		purchase from acquisition of the vehicle at an auction,
11		other dispositions as set forth in Sections 4-208 and
12		4-209 of this Code, or a lien arising under Section
13		18a-501 of this Code shall be deemed salvage or junk at the
14		option of the purchaser. The person acquiring such vehicle
15		in such manner shall promptly deliver or mail, within 20
16		days after the acquisition of the vehicle, the certificate
17		of purchase, the proper application and fee, and, if the
18		vehicle is an abandoned mobile home under the Abandoned
19		Mobile Home Act, a certification from a local law
20		enforcement agency that the vehicle was purchased or
21		acquired at a public sale under the Abandoned Mobile Home
22		Act to the Secretary of State and a salvage certificate or
23		junking certificate shall be issued in the name of that
24		person. The salvage certificate or junking certificate
25		issued by the Secretary of State under this Section shall
26		be free of any lien that existed against the vehicle prior

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1		to the time the vehicle was acquired by the applicant
2		under this Code.
3		(3) A vehicle which has been repossessed by a
4		lienholder shall be considered to be salvage only when the
5		repossessed vehicle, on the date of repossession by the
6		lienholder, has sustained damage by collision, fire,
7		theft, rust corrosion, or other means so that the cost of
8		repairing such damage, including labor, would be greater
9		than 50% of its fair market value without such damage. If
10		the lienholder determines that such vehicle is damaged in
11		excess of 50% of such fair market value, the lienholder
12		shall, before sale, transfer, or assignment of the
13		vehicle, make application for a salvage certificate, and
14		shall submit with such application the proper fee and
15		evidence of possession. If the facts required to be shown
16		in subsection (f) of Section 3-114 are satisfied, the
17		Secretary of State shall issue a salvage certificate in
18		the name of the lienholder making the application. In any
19		case wherein the vehicle repossessed is not damaged in
20		excess of 50% of its fair market value, the lienholder
21		shall comply with the requirements of subsections (f),
22		(f-5), and (f-10) of Section 3-114, except that the
23		affidavit of repossession made by or on behalf of the
24		lienholder shall also contain an affirmation under penalty
25		of perjury that the vehicle on the date of sale is not
26		damaged in excess of 50% of its fair market value. If the

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1		facts required to be shown in subsection (f) of Section
2		3-114 are satisfied, the Secretary of State shall issue a
3		certificate of title as set forth in Section 3-116 of this
4		Code. The Secretary of State may by rule or regulation
5		require photographs to be submitted.
6		(4) A vehicle which is a part of a fleet of more than 5
7		commercial vehicles registered in this State or any other
8		state or registered proportionately among several states
9		shall be considered to be salvage when such vehicle has
10		sustained damage by collision, fire, theft, rust,
11		corrosion or similar means so that the cost of repairing
12		such damage, including labor, would be greater than 50% of
13		the fair market value of the vehicle without such damage.
14		If the owner of a fleet vehicle desires to sell, transfer,
15		or assign his interest in such vehicle to a person within
16		this State other than an insurance company licensed to do
17		business within this State, and the owner determines that
18		such vehicle, at the time of the proposed sale, transfer
19		or assignment is damaged in excess of 50% of its fair
20		market value, the owner shall, before such sale, transfer
21		or assignment, make application for a salvage certificate.
22		The application shall contain with it evidence of
23		possession of the vehicle. If the fleet vehicle at the
24		time of its sale, transfer, or assignment is not damaged
25		in excess of 50% of its fair market value, the owner shall
26		so state in a written affirmation on a form prescribed by

HB5501 Engrossed - 2027 - LRB102 24698 AMC 33937 b
1		the Secretary of State by rule or regulation. The
2		Secretary of State may by rule or regulation require
3		photographs to be submitted. Upon sale, transfer or
4		assignment of the fleet vehicle the owner shall mail the
5		affirmation to the Secretary of State.
6		(5) A vehicle that has been submerged in water to the
7		point that rising water has reached over the door sill and
8		has entered the passenger or trunk compartment is a "flood
9		vehicle". A flood vehicle shall be considered to be
10		salvage only if the vehicle has sustained damage so that
11		the cost of repairing the damage, including labor, would
12		be greater than 50% of the fair market value of the vehicle
13		without that damage. The salvage certificate issued under
14		this Section shall indicate the word "flood", and the word
15		"flood" shall be conspicuously entered on subsequent
16		titles for the vehicle. A person who possesses or acquires
17		a flood vehicle that is not damaged in excess of 50% of its
18		fair market value shall make application for title in
19		accordance with Section 3-116 of this Code, designating
20		the vehicle as "flood" in a manner prescribed by the
21		Secretary of State. The certificate of title issued shall
22		indicate the word "flood", and the word "flood" shall be
23		conspicuously entered on subsequent titles for the
24		vehicle.
25		(6) When any licensed rebuilder, repairer, new or used
26		vehicle dealer, or remittance agent has submitted an

HB5501 Engrossed - 2028 - LRB102 24698 AMC 33937 b
1		application for title to a vehicle (other than an
2		application for title to a rebuilt vehicle) that he or she
3		knows or reasonably should have known to have sustained
4		damages in excess of 50% of the vehicle's fair market
5		value without that damage; provided, however, that any
6		application for a salvage certificate for a vehicle
7		recovered from theft and acquired from an insurance
8		company shall be made as required by paragraph (1) of this
9		subsection (b).
10		(c) Any person who without authority acquires, sells,
11		exchanges, gives away, transfers or destroys or offers to
12		acquire, sell, exchange, give away, transfer or destroy the
13		certificate of title to any vehicle which is a junk or salvage
14		vehicle shall be guilty of a Class 3 felony.
15		(d) Except as provided under subsection (a), any person
16		who knowingly fails to surrender to the Secretary of State a
17		certificate of title, salvage certificate, certificate of
18		purchase or a similarly acceptable out-of-state document of
19		ownership as required under the provisions of this Section is
20		guilty of a Class A misdemeanor for a first offense and a Class
21		4 felony for a subsequent offense; except that a person
22		licensed under this Code who violates paragraph (5) of
23		subsection (b) of this Section is guilty of a business offense
24		and shall be fined not less than $1,000 nor more than $5,000
25		for a first offense and is guilty of a Class 4 felony for a
26		second or subsequent violation.

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1		(e) Any vehicle which is salvage or junk may not be driven
2		or operated on roads and highways within this State. A
3		violation of this subsection is a Class A misdemeanor. A
4		salvage vehicle displaying valid special plates issued under
5		Section 3-601(b) of this Code, which is being driven to or from
6		an inspection conducted under Section 3-308 of this Code, is
7		exempt from the provisions of this subsection. A salvage
8		vehicle for which a short term permit has been issued under
9		Section 3-307 of this Code is exempt from the provisions of
10		this subsection for the duration of the permit.
11		(Source: P.A. 101-81, eff. 7-12-19; 102-319, eff. 1-1-22;
12		102-538, eff. 8-20-21; revised 9-22-21.)
13		(625 ILCS 5/3-699.14)
14		Sec. 3-699.14. Universal special license plates.
15		(a) In addition to any other special license plate, the
16		Secretary, upon receipt of all applicable fees and
17		applications made in the form prescribed by the Secretary, may
18		issue Universal special license plates to residents of
19		Illinois on behalf of organizations that have been authorized
20		by the General Assembly to issue decals for Universal special
21		license plates. Appropriate documentation, as determined by
22		the Secretary, shall accompany each application. Authorized
23		organizations shall be designated by amendment to this
24		Section. When applying for a Universal special license plate
25		the applicant shall inform the Secretary of the name of the

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1		authorized organization from which the applicant will obtain a
2		decal to place on the plate. The Secretary shall make a record
3		of that organization and that organization shall remain
4		affiliated with that plate until the plate is surrendered,
5		revoked, or otherwise cancelled. The authorized organization
6		may charge a fee to offset the cost of producing and
7		distributing the decal, but that fee shall be retained by the
8		authorized organization and shall be separate and distinct
9		from any registration fees charged by the Secretary. No decal,
10		sticker, or other material may be affixed to a Universal
11		special license plate other than a decal authorized by the
12		General Assembly in this Section or a registration renewal
13		sticker. The special plates issued under this Section shall be
14		affixed only to passenger vehicles of the first division,
15		including motorcycles and autocycles, or motor vehicles of the
16		second division weighing not more than 8,000 pounds. Plates
17		issued under this Section shall expire according to the
18		multi-year procedure under Section 3-414.1 of this Code.
19		(b) The design, color, and format of the Universal special
20		license plate shall be wholly within the discretion of the
21		Secretary. Universal special license plates are not required
22		to designate "Land of Lincoln", as prescribed in subsection
23		(b) of Section 3-412 of this Code. The design shall allow for
24		the application of a decal to the plate. Organizations
25		authorized by the General Assembly to issue decals for
26		Universal special license plates shall comply with rules

HB5501 Engrossed - 2031 - LRB102 24698 AMC 33937 b
1		adopted by the Secretary governing the requirements for and
2		approval of Universal special license plate decals. The
3		Secretary may, in his or her discretion, allow Universal
4		special license plates to be issued as vanity or personalized
5		plates in accordance with Section 3-405.1 of this Code. The
6		Secretary of State must make a version of the special
7		registration plates authorized under this Section in a form
8		appropriate for motorcycles and autocycles.
9		(c) When authorizing a Universal special license plate,
10		the General Assembly shall set forth whether an additional fee
11		is to be charged for the plate and, if a fee is to be charged,
12		the amount of the fee and how the fee is to be distributed.
13		When necessary, the authorizing language shall create a
14		special fund in the State treasury into which fees may be
15		deposited for an authorized Universal special license plate.
16		Additional fees may only be charged if the fee is to be paid
17		over to a State agency or to a charitable entity that is in
18		compliance with the registration and reporting requirements of
19		the Charitable Trust Act and the Solicitation for Charity Act.
20		Any charitable entity receiving fees for the sale of Universal
21		special license plates shall annually provide the Secretary of
22		State a letter of compliance issued by the Attorney General
23		verifying that the entity is in compliance with the Charitable
24		Trust Act and the Solicitation for Charity Act.
25		(d) Upon original issuance and for each registration
26		renewal period, in addition to the appropriate registration

HB5501 Engrossed - 2032 - LRB102 24698 AMC 33937 b
1		fee, if applicable, the Secretary shall collect any additional
2		fees, if required, for issuance of Universal special license
3		plates. The fees shall be collected on behalf of the
4		organization designated by the applicant when applying for the
5		plate. All fees collected shall be transferred to the State
6		agency on whose behalf the fees were collected, or paid into
7		the special fund designated in the law authorizing the
8		organization to issue decals for Universal special license
9		plates. All money in the designated fund shall be distributed
10		by the Secretary subject to appropriation by the General
11		Assembly.
12		(e) The following organizations may issue decals for
13		Universal special license plates with the original and renewal
14		fees and fee distribution as follows:
15		(1) The Illinois Department of Natural Resources.
16		(A) Original issuance: $25; with $10 to the
17		Roadside Monarch Habitat Fund and $15 to the Secretary
18		of State Special License Plate Fund.
19		(B) Renewal: $25; with $23 to the Roadside Monarch
20		Habitat Fund and $2 to the Secretary of State Special
21		License Plate Fund.
22		(2) Illinois Veterans' Homes.
23		(A) Original issuance: $26, which shall be
24		deposited into the Illinois Veterans' Homes Fund.
25		(B) Renewal: $26, which shall be deposited into
26		the Illinois Veterans' Homes Fund.

HB5501 Engrossed - 2033 - LRB102 24698 AMC 33937 b
1		(3) The Illinois Department of Human Services for
2		volunteerism decals.
3		(A) Original issuance: $25, which shall be
4		deposited into the Secretary of State Special License
5		Plate Fund.
6		(B) Renewal: $25, which shall be deposited into
7		the Secretary of State Special License Plate Fund.
8		(4) The Illinois Department of Public Health.
9		(A) Original issuance: $25; with $10 to the
10		Prostate Cancer Awareness Fund and $15 to the
11		Secretary of State Special License Plate Fund.
12		(B) Renewal: $25; with $23 to the Prostate Cancer
13		Awareness Fund and $2 to the Secretary of State
14		Special License Plate Fund.
15		(5) Horsemen's Council of Illinois.
16		(A) Original issuance: $25; with $10 to the
17		Horsemen's Council of Illinois Fund and $15 to the
18		Secretary of State Special License Plate Fund.
19		(B) Renewal: $25; with $23 to the Horsemen's
20		Council of Illinois Fund and $2 to the Secretary of
21		State Special License Plate Fund.
22		(6) K9s for Veterans, NFP.
23		(A) Original issuance: $25; with $10 to the
24		Post-Traumatic Stress Disorder Awareness Fund and $15
25		to the Secretary of State Special License Plate Fund.
26		(B) Renewal: $25; with $23 to the Post-Traumatic

HB5501 Engrossed - 2034 - LRB102 24698 AMC 33937 b
1		Stress Disorder Awareness Fund and $2 to the Secretary
2		of State Special License Plate Fund.
3		(7) The International Association of Machinists and
4		Aerospace Workers.
5		(A) Original issuance: $35; with $20 to the Guide
6		Dogs of America Fund and $15 to the Secretary of State
7		Special License Plate Fund.
8		(B) Renewal: $25; with $23 going to the Guide Dogs
9		of America Fund and $2 to the Secretary of State
10		Special License Plate Fund.
11		(8) Local Lodge 701 of the International Association
12		of Machinists and Aerospace Workers.
13		(A) Original issuance: $35; with $10 to the Guide
14		Dogs of America Fund, $10 to the Mechanics Training
15		Fund, and $15 to the Secretary of State Special
16		License Plate Fund.
17		(B) Renewal: $30; with $13 to the Guide Dogs of
18		America Fund, $15 to the Mechanics Training Fund, and
19		$2 to the Secretary of State Special License Plate
20		Fund.
21		(9) Illinois Department of Human Services.
22		(A) Original issuance: $25; with $10 to the
23		Theresa Tracy Trot - Illinois CancerCare Foundation
24		Fund and $15 to the Secretary of State Special License
25		Plate Fund.
26		(B) Renewal: $25; with $23 to the Theresa Tracy

HB5501 Engrossed - 2035 - LRB102 24698 AMC 33937 b
1		Trot - Illinois CancerCare Foundation Fund and $2 to
2		the Secretary of State Special License Plate Fund.
3		(10) The Illinois Department of Human Services for
4		developmental disabilities awareness decals.
5		(A) Original issuance: $25; with $10 to the
6		Developmental Disabilities Awareness Fund and $15 to
7		the Secretary of State Special License Plate Fund.
8		(B) Renewal: $25; with $23 to the Developmental
9		Disabilities Awareness Fund and $2 to the Secretary of
10		State Special License Plate Fund.
11		(11) The Illinois Department of Human Services for
12		pediatric cancer awareness decals.
13		(A) Original issuance: $25; with $10 to the
14		Pediatric Cancer Awareness Fund and $15 to the
15		Secretary of State Special License Plate Fund.
16		(B) Renewal: $25; with $23 to the Pediatric Cancer
17		Awareness Fund and $2 to the Secretary of State
18		Special License Plate Fund.
19		(12) The Department of Veterans' Affairs for Fold of
20		Honor decals.
21		(A) Original issuance: $25; with $10 to the Folds
22		of Honor Foundation Fund and $15 to the Secretary of
23		State Special License Plate Fund.
24		(B) Renewal: $25; with $23 to the Folds of Honor
25		Foundation Fund and $2 to the Secretary of State
26		Special License Plate Fund.

HB5501 Engrossed - 2036 - LRB102 24698 AMC 33937 b
1		(13) (12) The Illinois chapters of the Experimental
2		Aircraft Association for aviation enthusiast decals.
3		(A) Original issuance: $25; with $10 to the
4		Experimental Aircraft Association Fund and $15 to the
5		Secretary of State Special License Plate Fund.
6		(B) Renewal: $25; with $23 to the Experimental
7		Aircraft Association Fund and $2 to the Secretary of
8		State Special License Plate Fund.
9		(14) (12) The Illinois Department of Human Services
10		for Child Abuse Council of the Quad Cities decals.
11		(A) Original issuance: $25; with $10 to the Child
12		Abuse Council of the Quad Cities Fund and $15 to the
13		Secretary of State Special License Plate Fund.
14		(B) Renewal: $25; with $23 to the Child Abuse
15		Council of the Quad Cities Fund and $2 to the Secretary
16		of State Special License Plate Fund.
17		(15) (12) The Illinois Department of Public Health for
18		health care worker decals.
19		(A) Original issuance: $25; with $10 to the
20		Illinois Health Care Workers Benefit Fund, and $15 to
21		the Secretary of State Special License Plate Fund.
22		(B) Renewal: $25; with $23 to the Illinois Health
23		Care Workers Benefit Fund and $2 to the Secretary of
24		State Special License Plate Fund.
25		(f) The following funds are created as special funds in
26		the State treasury:

HB5501 Engrossed - 2037 - LRB102 24698 AMC 33937 b
1		(1) The Roadside Monarch Habitat Fund. All money in
2		the Roadside Monarch Habitat Fund shall be paid as grants
3		to the Illinois Department of Natural Resources to fund
4		roadside monarch and other pollinator habitat development,
5		enhancement, and restoration projects in this State.
6		(2) The Prostate Cancer Awareness Fund. All money in
7		the Prostate Cancer Awareness Fund shall be paid as grants
8		to the Prostate Cancer Foundation of Chicago.
9		(3) The Horsemen's Council of Illinois Fund. All money
10		in the Horsemen's Council of Illinois Fund shall be paid
11		as grants to the Horsemen's Council of Illinois.
12		(4) The Post-Traumatic Stress Disorder Awareness Fund.
13		All money in the Post-Traumatic Stress Disorder Awareness
14		Fund shall be paid as grants to K9s for Veterans, NFP for
15		support, education, and awareness of veterans with
16		post-traumatic stress disorder.
17		(5) The Guide Dogs of America Fund. All money in the
18		Guide Dogs of America Fund shall be paid as grants to the
19		International Guiding Eyes, Inc., doing business as Guide
20		Dogs of America.
21		(6) The Mechanics Training Fund. All money in the
22		Mechanics Training Fund shall be paid as grants to the
23		Mechanics Local 701 Training Fund.
24		(7) The Theresa Tracy Trot - Illinois CancerCare
25		Foundation Fund. All money in the Theresa Tracy Trot -
26		Illinois CancerCare Foundation Fund shall be paid to the

HB5501 Engrossed - 2038 - LRB102 24698 AMC 33937 b
1		Illinois CancerCare Foundation for the purpose of
2		furthering pancreatic cancer research.
3		(8) The Developmental Disabilities Awareness Fund. All
4		money in the Developmental Disabilities Awareness Fund
5		shall be paid as grants to the Illinois Department of
6		Human Services to fund legal aid groups to assist with
7		guardianship fees for private citizens willing to become
8		guardians for individuals with developmental disabilities
9		but who are unable to pay the legal fees associated with
10		becoming a guardian.
11		(9) The Pediatric Cancer Awareness Fund. All money in
12		the Pediatric Cancer Awareness Fund shall be paid as
13		grants to the Cancer Center at Illinois for pediatric
14		cancer treatment and research.
15		(10) The Folds of Honor Foundation Fund. All money in
16		the Folds of Honor Foundation Fund shall be paid as grants
17		to the Folds of Honor Foundation to aid in providing
18		educational scholarships to military families.
19		(11) (10) The Experimental Aircraft Association Fund.
20		All money in the Experimental Aircraft Association Fund
21		shall be paid, subject to appropriation by the General
22		Assembly and distribution by the Secretary, as grants to
23		promote recreational aviation.
24		(12) (10) The Child Abuse Council of the Quad Cities
25		Fund. All money in the Child Abuse Council of the Quad
26		Cities Fund shall be paid as grants to benefit the Child

HB5501 Engrossed - 2039 - LRB102 24698 AMC 33937 b
1		Abuse Council of the Quad Cities.
2		(13) (10) The Illinois Health Care Workers Benefit
3		Fund. All money in the Illinois Health Care Workers
4		Benefit Fund shall be paid as grants to the Trinity Health
5		Foundation for the benefit of health care workers,
6		doctors, nurses, and others who work in the health care
7		industry in this State.
8		(Source: P.A. 101-248, eff. 1-1-20; 101-256, eff. 1-1-20;
9		101-276, eff. 8-9-19; 101-282, eff. 1-1-20; 101-372, eff.
10		1-1-20; 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; 102-423,
11		eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. 8-20-21;
12		revised 9-22-21.)
13		(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
14		Sec. 5-102. Used vehicle dealers must be licensed.
15		(a) No person, other than a licensed new vehicle dealer,
16		shall engage in the business of selling or dealing in, on
17		consignment or otherwise, 5 or more used vehicles of any make
18		during the year (except house trailers as authorized by
19		paragraph (j) of this Section and rebuilt salvage vehicles
20		sold by their rebuilders to persons licensed under this
21		Chapter), or act as an intermediary, agent or broker for any
22		licensed dealer or vehicle purchaser (other than as a
23		salesperson) or represent or advertise that he is so engaged
24		or intends to so engage in such business unless licensed to do
25		so by the Secretary of State under the provisions of this

HB5501 Engrossed - 2040 - LRB102 24698 AMC 33937 b
1		Section.
2		(b) An application for a used vehicle dealer's license
3		shall be filed with the Secretary of State, duly verified by
4		oath, in such form as the Secretary of State may by rule or
5		regulation prescribe and shall contain:
6		1. The name and type of business organization
7		established and additional places of business, if any, in
8		this State.
9		2. If the applicant is a corporation, a list of its
10		officers, directors, and shareholders having a ten percent
11		or greater ownership interest in the corporation, setting
12		forth the residence address of each; if the applicant is a
13		sole proprietorship, a partnership, an unincorporated
14		association, a trust, or any similar form of business
15		organization, the names and residence address of the
16		proprietor or of each partner, member, officer, director,
17		trustee, or manager.
18		3. A statement that the applicant has been approved
19		for registration under the Retailers' Occupation Tax Act
20		by the Department of Revenue. However, this requirement
21		does not apply to a dealer who is already licensed
22		hereunder with the Secretary of State, and who is merely
23		applying for a renewal of his license. As evidence of this
24		fact, the application shall be accompanied by a
25		certification from the Department of Revenue showing that
26		the Department has approved the applicant for registration

HB5501 Engrossed - 2041 - LRB102 24698 AMC 33937 b
1		under the Retailers' Occupation Tax Act.
2		4. A statement that the applicant has complied with
3		the appropriate liability insurance requirement. A
4		Certificate of Insurance in a solvent company authorized
5		to do business in the State of Illinois shall be included
6		with each application covering each location at which he
7		proposes to act as a used vehicle dealer. The policy must
8		provide liability coverage in the minimum amounts of
9		$100,000 for bodily injury to, or death of, any person,
10		$300,000 for bodily injury to, or death of, two or more
11		persons in any one accident, and $50,000 for damage to
12		property. Such policy shall expire not sooner than
13		December 31 of the year for which the license was issued or
14		renewed. The expiration of the insurance policy shall not
15		terminate the liability under the policy arising during
16		the period for which the policy was filed. Trailer and
17		mobile home dealers are exempt from this requirement.
18		If the permitted user has a liability insurance policy
19		that provides automobile liability insurance coverage of
20		at least $100,000 for bodily injury to or the death of any
21		person, $300,000 for bodily injury to or the death of any 2
22		or more persons in any one accident, and $50,000 for
23		damage to property, then the permitted user's insurer
24		shall be the primary insurer and the dealer's insurer
25		shall be the secondary insurer. If the permitted user does
26		not have a liability insurance policy that provides

HB5501 Engrossed - 2042 - LRB102 24698 AMC 33937 b
1		automobile liability insurance coverage of at least
2		$100,000 for bodily injury to or the death of any person,
3		$300,000 for bodily injury to or the death of any 2 or more
4		persons in any one accident, and $50,000 for damage to
5		property, or does not have any insurance at all, then the
6		dealer's insurer shall be the primary insurer and the
7		permitted user's insurer shall be the secondary insurer.
8		When a permitted user is "test driving" a used vehicle
9		dealer's automobile, the used vehicle dealer's insurance
10		shall be primary and the permitted user's insurance shall
11		be secondary.
12		As used in this paragraph 4, a "permitted user" is a
13		person who, with the permission of the used vehicle dealer
14		or an employee of the used vehicle dealer, drives a
15		vehicle owned and held for sale or lease by the used
16		vehicle dealer which the person is considering to purchase
17		or lease, in order to evaluate the performance,
18		reliability, or condition of the vehicle. The term
19		"permitted user" also includes a person who, with the
20		permission of the used vehicle dealer, drives a vehicle
21		owned or held for sale or lease by the used vehicle dealer
22		for loaner purposes while the user's vehicle is being
23		repaired or evaluated.
24		As used in this paragraph 4, "test driving" occurs
25		when a permitted user who, with the permission of the used
26		vehicle dealer or an employee of the used vehicle dealer,

HB5501 Engrossed - 2043 - LRB102 24698 AMC 33937 b
1		drives a vehicle owned and held for sale or lease by a used
2		vehicle dealer that the person is considering to purchase
3		or lease, in order to evaluate the performance,
4		reliability, or condition of the vehicle.
5		As used in this paragraph 4, "loaner purposes" means
6		when a person who, with the permission of the used vehicle
7		dealer, drives a vehicle owned or held for sale or lease by
8		the used vehicle dealer while the user's vehicle is being
9		repaired or evaluated.
10		5. An application for a used vehicle dealer's license
11		shall be accompanied by the following license fees:
12		(A) $1,000 for applicant's established place of
13		business, and $50 for each additional place of
14		business, if any, to which the application pertains;
15		however, if the application is made after June 15 of
16		any year, the license fee shall be $500 for
17		applicant's established place of business plus $25 for
18		each additional place of business, if any, to which
19		the application pertains. License fees shall be
20		returnable only in the event that the application is
21		denied by the Secretary of State. Of the money
22		received by the Secretary of State as license fees
23		under this subparagraph (A) for the 2004 licensing
24		year and thereafter, 95% shall be deposited into the
25		General Revenue Fund.
26		(B) Except for dealers selling 25 or fewer

HB5501 Engrossed - 2044 - LRB102 24698 AMC 33937 b
1		automobiles or as provided in subsection (h) of
2		Section 5-102.7 of this Code, an Annual Dealer
3		Recovery Fund Fee in the amount of $500 for the
4		applicant's established place of business, and $50 for
5		each additional place of business, if any, to which
6		the application pertains; but if the application is
7		made after June 15 of any year, the fee shall be $250
8		for the applicant's established place of business plus
9		$25 for each additional place of business, if any, to
10		which the application pertains. For a license renewal
11		application, the fee shall be based on the amount of
12		automobiles sold in the past year according to the
13		following formula:
14		(1) $0 for dealers selling 25 or less
15		automobiles;
16		(2) $150 for dealers selling more than 25 but
17		less than 200 automobiles;
18		(3) $300 for dealers selling 200 or more
19		automobiles but less than 300 automobiles; and
20		(4) $500 for dealers selling 300 or more
21		automobiles.
22		License fees shall be returnable only in the event
23		that the application is denied by the Secretary of
24		State. Moneys received under this subparagraph (B)
25		shall be deposited into the Dealer Recovery Trust
26		Fund.

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1		6. A statement that the applicant's officers,
2		directors, shareholders having a 10% or greater ownership
3		interest therein, proprietor, partner, member, officer,
4		director, trustee, manager, or other principals in the
5		business have not committed in the past 3 years any one
6		violation as determined in any civil, criminal, or
7		administrative proceedings of any one of the following
8		Acts:
9		(A) The Anti-Theft Laws of the Illinois Vehicle
10		Code;
11		(B) The Certificate of Title Laws of the Illinois
12		Vehicle Code;
13		(C) The Offenses against Registration and
14		Certificates of Title Laws of the Illinois Vehicle
15		Code;
16		(D) The Dealers, Transporters, Wreckers and
17		Rebuilders Laws of the Illinois Vehicle Code;
18		(E) Section 21-2 of the Illinois Criminal Code of
19		1961 or the Criminal Code of 2012, Criminal Trespass
20		to Vehicles; or
21		(F) The Retailers' Occupation Tax Act.
22		7. A statement that the applicant's officers,
23		directors, shareholders having a 10% or greater ownership
24		interest therein, proprietor, partner, member, officer,
25		director, trustee, manager, or other principals in the
26		business have not committed in any calendar year 3 or more

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1		violations, as determined in any civil, or criminal, or
2		administrative proceedings, of any one or more of the
3		following Acts:
4		(A) The Consumer Finance Act;
5		(B) The Consumer Installment Loan Act;
6		(C) The Retail Installment Sales Act;
7		(D) The Motor Vehicle Retail Installment Sales
8		Act;
9		(E) The Interest Act;
10		(F) The Illinois Wage Assignment Act;
11		(G) Part 8 of Article XII of the Code of Civil
12		Procedure; or
13		(H) The Consumer Fraud and Deceptive Business
14		Practices Act.
15		7.5. A statement that, within 10 years of application,
16		each officer, director, shareholder having a 10% or
17		greater ownership interest therein, proprietor, partner,
18		member, officer, director, trustee, manager, or other
19		principal in the business of the applicant has not
20		committed, as determined in any civil, criminal, or
21		administrative proceeding, in any calendar year one or
22		more forcible felonies under the Criminal Code of 1961 or
23		the Criminal Code of 2012, or a violation of either or both
24		Article 16 or 17 of the Criminal Code of 1961 or a
25		violation of either or both Article 16 or 17 of the
26		Criminal Code of 2012, Article 29B of the Criminal Code of

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1		1961 or the Criminal Code of 2012, or a similar
2		out-of-state offense. For the purposes of this paragraph,
3		"forcible felony" has the meaning provided in Section 2-8
4		of the Criminal Code of 2012.
5		8. A bond or Certificate of Deposit in the amount of
6		$50,000 for each location at which the applicant intends
7		to act as a used vehicle dealer. The bond shall be for the
8		term of the license, or its renewal, for which application
9		is made, and shall expire not sooner than December 31 of
10		the year for which the license was issued or renewed. The
11		bond shall run to the People of the State of Illinois, with
12		surety by a bonding or insurance company authorized to do
13		business in this State. It shall be conditioned upon the
14		proper transmittal of all title and registration fees and
15		taxes (excluding taxes under the Retailers' Occupation Tax
16		Act) accepted by the applicant as a used vehicle dealer.
17		9. Such other information concerning the business of
18		the applicant as the Secretary of State may by rule or
19		regulation prescribe.
20		10. A statement that the applicant understands Chapter
21		1 through Chapter 5 of this Code.
22		11. A copy of the certification from the prelicensing
23		education program.
24		12. The full name, address, and contact information of
25		each of the dealer's agents or legal representatives who
26		is an Illinois resident and liable for the performance of

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1		the dealership.
2		(c) Any change which renders no longer accurate any
3		information contained in any application for a used vehicle
4		dealer's license shall be amended within 30 days after the
5		occurrence of each change on such form as the Secretary of
6		State may prescribe by rule or regulation, accompanied by an
7		amendatory fee of $2.
8		(d) Anything in this Chapter to the contrary
9		notwithstanding, no person shall be licensed as a used vehicle
10		dealer unless such person maintains an established place of
11		business as defined in this Chapter.
12		(e) The Secretary of State shall, within a reasonable time
13		after receipt, examine an application submitted to him under
14		this Section. Unless the Secretary makes a determination that
15		the application submitted to him does not conform to this
16		Section or that grounds exist for a denial of the application
17		under Section 5-501 of this Chapter, he must grant the
18		applicant an original used vehicle dealer's license in writing
19		for his established place of business and a supplemental
20		license in writing for each additional place of business in
21		such form as he may prescribe by rule or regulation which shall
22		include the following:
23		1. The name of the person licensed;
24		2. If a corporation, the name and address of its
25		officers or if a sole proprietorship, a partnership, an
26		unincorporated association or any similar form of business

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1		organization, the name and address of the proprietor or of
2		each partner, member, officer, director, trustee, or
3		manager;
4		3. In case of an original license, the established
5		place of business of the licensee;
6		4. In the case of a supplemental license, the
7		established place of business of the licensee and the
8		additional place of business to which such supplemental
9		license pertains;
10		5. The full name, address, and contact information of
11		each of the dealer's agents or legal representatives who
12		is an Illinois resident and liable for the performance of
13		the dealership.
14		(f) The appropriate instrument evidencing the license or a
15		certified copy thereof, provided by the Secretary of State
16		shall be kept posted, conspicuously, in the established place
17		of business of the licensee and in each additional place of
18		business, if any, maintained by such licensee.
19		(g) Except as provided in subsection (h) of this Section,
20		all used vehicle dealer's licenses granted under this Section
21		expire by operation of law on December 31 of the calendar year
22		for which they are granted unless sooner revoked or cancelled
23		under Section 5-501 of this Chapter.
24		(h) A used vehicle dealer's license may be renewed upon
25		application and payment of the fee required herein, and
26		submission of proof of coverage by an approved bond under the

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1		"Retailers' Occupation Tax Act" or proof that applicant is not
2		subject to such bonding requirements, as in the case of an
3		original license, but in case an application for the renewal
4		of an effective license is made during the month of December,
5		the effective license shall remain in force until the
6		application for renewal is granted or denied by the Secretary
7		of State.
8		(i) All persons licensed as a used vehicle dealer are
9		required to furnish each purchaser of a motor vehicle:
10		1. A certificate of title properly assigned to the
11		purchaser;
12		2. A statement verified under oath that all
13		identifying numbers on the vehicle agree with those on the
14		certificate of title;
15		3. A bill of sale properly executed on behalf of such
16		person;
17		4. A copy of the Uniform Invoice-transaction reporting
18		return referred to in Section 5-402 of this Chapter;
19		5. In the case of a rebuilt vehicle, a copy of the
20		Disclosure of Rebuilt Vehicle Status; and
21		6. In the case of a vehicle for which the warranty has
22		been reinstated, a copy of the warranty.
23		(j) A real estate broker holding a valid certificate of
24		registration issued pursuant to "The Real Estate Brokers and
25		Salesmen License Act" may engage in the business of selling or
26		dealing in house trailers not his own without being licensed

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1		as a used vehicle dealer under this Section; however such
2		broker shall maintain a record of the transaction including
3		the following:
4		(1) the name and address of the buyer and seller,
5		(2) the date of sale,
6		(3) a description of the mobile home, including the
7		vehicle identification number, make, model, and year, and
8		(4) the Illinois certificate of title number.
9		The foregoing records shall be available for inspection by
10		any officer of the Secretary of State's Office at any
11		reasonable hour.
12		(k) Except at the time of sale or repossession of the
13		vehicle, no person licensed as a used vehicle dealer may issue
14		any other person a newly created key to a vehicle unless the
15		used vehicle dealer makes a color photocopy or electronic scan
16		of the driver's license or State identification card of the
17		person requesting or obtaining the newly created key. The used
18		vehicle dealer must retain the photocopy or scan for 30 days.
19		A used vehicle dealer who violates this subsection (k) is
20		guilty of a petty offense. Violation of this subsection (k) is
21		not cause to suspend, revoke, cancel, or deny renewal of the
22		used vehicle dealer's license.
23		(l) Used vehicle dealers licensed under this Section shall
24		provide the Secretary of State a register for the sale at
25		auction of each salvage or junk certificate vehicle. Each
26		register shall include the following information:

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1		1. The year, make, model, style, and color of the
2		vehicle;
3		2. The vehicle's manufacturer's identification number
4		or, if applicable, the Secretary of State or Illinois
5		State Police identification number;
6		3. The date of acquisition of the vehicle;
7		4. The name and address of the person from whom the
8		vehicle was acquired;
9		5. The name and address of the person to whom any
10		vehicle was disposed, the person's Illinois license number
11		or if the person is an out-of-state salvage vehicle buyer,
12		the license number from the state or jurisdiction where
13		the buyer is licensed; and
14		6. The purchase price of the vehicle.
15		The register shall be submitted to the Secretary of State
16		via written or electronic means within 10 calendar days from
17		the date of the auction.
18		(m) If a licensee under this Section voluntarily
19		surrenders a license to the Illinois Secretary of State Police
20		or a representative of the Secretary of State Vehicle Services
21		Department due to the licensee's inability to adhere to
22		recordkeeping provisions, or the inability to properly issue
23		certificates of title or registrations under this Code, or the
24		Secretary revokes a license under this Section, then the
25		licensee and the licensee's agent, designee, or legal
26		representative, if applicable, may not be named on a new

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1		application for a licensee under this Section or under this
2		Chapter, nor is the licensee or the licensee's agent,
3		designee, or legal representative permitted to work for
4		another licensee under this Chapter in a recordkeeping,
5		management, or financial position or as an employee who
6		handles certificate of title and registration documents and
7		applications.
8		(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
9		102-538, eff. 8-20-21; revised 10-15-21.)
10		(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
11		Sec. 5-402.1. Use of Secretary of State Uniform Invoice
12		for Essential Parts.
13		(a) Except for scrap processors, every person licensed or
14		required to be licensed under Section 5-101, 5-101.1, 5-102,
15		5-102.8, or 5-301 of this Code shall issue, in a form the
16		Secretary of State may by rule or regulation prescribe, a
17		Uniform Invoice, which may also act as a bill of sale, with
18		respect to each transaction in which he disposes of an
19		essential part other than quarter panels and transmissions of
20		vehicles of the first division. Such Invoice shall be made out
21		at the time of the disposition of the essential part. If the
22		licensee disposes of several essential parts in the same
23		transaction, the licensee may issue one Uniform Invoice
24		covering all essential parts disposed of in that transaction.
25		(b) The following information shall be contained on the

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1		Uniform Invoice:
2		(1) the business name, address, and dealer license
3		number of the person disposing of the essential part;
4		(2) the name and address of the person acquiring the
5		essential part, and if that person is a dealer, the
6		Illinois or out-of-state dealer license number of that
7		dealer;
8		(3) the date of the disposition of the essential part;
9		(4) the year, make, model, color, and description of
10		each essential part disposed of by the person;
11		(5) the manufacturer's vehicle identification number,
12		Secretary of State identification number, or Illinois
13		State Police identification number, for each essential
14		part disposed of by the person;
15		(6) the printed name and legible signature of the
16		person or agent disposing of the essential part; and
17		(7) if the person is a dealer the printed name and
18		legible signature of the dealer or his agent or employee
19		accepting delivery of the essential part.
20		(c) Except for scrap processors, and except as set forth
21		in subsection (d) of this Section, whenever a person licensed
22		or required to be licensed by Section 5-101, 5-101.1, 5-102,
23		or 5-301 accepts delivery of an essential part, other than
24		quarter panels and transmissions of vehicles of the first
25		division, that person shall, at the time of the acceptance or
26		delivery, comply with the following procedures:

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1		(1) Before acquiring or accepting delivery of any
2		essential part, the licensee or his authorized agent or
3		employee shall inspect the part to determine whether the
4		vehicle identification number, Secretary of State
5		identification number, Illinois State Police
6		identification number, or identification plate or sticker
7		attached to or stamped on any part being acquired or
8		delivered has been removed, falsified, altered, defaced,
9		destroyed, or tampered with. If the licensee or his agent
10		or employee determines that the vehicle identification
11		number, Secretary of State identification number, Illinois
12		State Police identification number, identification plate
13		or identification sticker containing an identification
14		number, or Federal Certificate label of an essential part
15		has been removed, falsified, altered, defaced, destroyed,
16		or tampered with, the licensee or agent shall not accept
17		or receive that part.
18		If that part was physically acquired by or delivered
19		to a licensee or his agent or employee while that
20		licensee, agent, or employee was outside this State, that
21		licensee or agent or employee shall not bring that
22		essential part into this State or cause it to be brought
23		into this State.
24		(2) If the person disposing of or delivering the
25		essential part to the licensee is a licensed in-state or
26		out-of-state dealer, the licensee or his agent or

HB5501 Engrossed - 2056 - LRB102 24698 AMC 33937 b
1		employee, after inspecting the essential part as required
2		by paragraph (1) of this subsection (c), shall examine the
3		Uniform Invoice, or bill of sale, as the case may be, to
4		ensure that it contains all the information required to be
5		provided by persons disposing of essential parts as set
6		forth in subsection (b) of this Section. If the Uniform
7		Invoice or bill of sale does not contain all the
8		information required to be listed by subsection (b) of
9		this Section, the dealer disposing of or delivering such
10		part or his agent or employee shall record such additional
11		information or other needed modifications on the Uniform
12		Invoice or bill of sale or, if needed, an attachment
13		thereto. The dealer or his agent or employee delivering
14		the essential part shall initial all additions or
15		modifications to the Uniform Invoice or bill of sale and
16		legibly print his name at the bottom of each document
17		containing his initials. If the transaction involves a
18		bill of sale rather than a Uniform Invoice, the licensee
19		or his agent or employee accepting delivery of or
20		acquiring the essential part shall affix his printed name
21		and legible signature on the space on the bill of sale
22		provided for his signature or, if no space is provided, on
23		the back of the bill of sale. If the dealer or his agent or
24		employee disposing of or delivering the essential part
25		cannot or does not provide all the information required by
26		subsection (b) of this Section, the licensee or his agent

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1		or employee shall not accept or receive any essential part
2		for which that required information is not provided. If
3		such essential part for which the information required is
4		not fully provided was physically acquired while the
5		licensee or his agent or employee was outside this State,
6		the licensee or his agent or employee shall not bring that
7		essential part into this State or cause it to be brought
8		into this State.
9		(3) If the person disposing of the essential part is
10		not a licensed dealer, the licensee or his agent or
11		employee shall, after inspecting the essential part as
12		required by paragraph (1) of subsection (c) of this
13		Section verify the identity of the person disposing of the
14		essential part by examining 2 sources of identification,
15		one of which shall be either a driver's license or state
16		identification card. The licensee or his agent or employee
17		shall then prepare a Uniform Invoice listing all the
18		information required to be provided by subsection (b) of
19		this Section. In the space on the Uniform Invoice provided
20		for the dealer license number of the person disposing of
21		the part, the licensee or his agent or employee shall list
22		the numbers taken from the documents of identification
23		provided by the person disposing of the part. The person
24		disposing of the part shall affix his printed name and
25		legible signature on the space on the Uniform Invoice
26		provided for the person disposing of the essential part

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1		and the licensee or his agent or employee acquiring the
2		part shall affix his printed name and legible signature on
3		the space provided on the Uniform Invoice for the person
4		acquiring the essential part. If the person disposing of
5		the essential part cannot or does not provide all the
6		information required to be provided by this paragraph, or
7		does not present 2 satisfactory forms of identification,
8		the licensee or his agent or employee shall not acquire
9		that essential part.
10		(d) If an essential part other than quarter panels and
11		transmissions of vehicles of the first division was delivered
12		by a licensed commercial delivery service delivering such part
13		on behalf of a licensed dealer, the person required to comply
14		with subsection (c) of this Section may conduct the inspection
15		of that part required by paragraph (1) of subsection (c) and
16		examination of the Uniform Invoice or bill of sale required by
17		paragraph (2) of subsection (c) of this Section immediately
18		after the acceptance of the part.
19		(1) If the inspection of the essential part pursuant
20		to paragraph (1) of subsection (c) reveals that the
21		vehicle identification number, Secretary of State
22		identification number, Illinois State Police
23		identification number, identification plate or sticker
24		containing an identification number, or Federal
25		Certificate label of an essential part has been removed,
26		falsified, altered, defaced, destroyed, or tampered with,

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1		the licensee or his agent shall immediately record such
2		fact on the Uniform Invoice or bill of sale, assign the
3		part an inventory or stock number, place such inventory or
4		stock number on both the essential part and the Uniform
5		Invoice or bill of sale, and record the date of the
6		inspection of the part on the Uniform Invoice or bill of
7		sale. The licensee shall, within 7 days of such
8		inspection, return such part to the dealer from whom it
9		was acquired.
10		(2) If the examination of the Uniform Invoice or bill
11		of sale pursuant to paragraph (2) of subsection (c)
12		reveals that any of the information required to be listed
13		by subsection (b) of this Section is missing, the licensee
14		or person required to be licensed shall immediately assign
15		a stock or inventory number to such part, place such stock
16		or inventory number on both the essential part and the
17		Uniform Invoice or bill of sale, and record the date of
18		examination on the Uniform Invoice or bill of sale. The
19		licensee or person required to be licensed shall acquire
20		the information missing from the Uniform Invoice or bill
21		of sale within 7 days of the examination of such Uniform
22		Invoice or bill of sale. Such information may be received
23		by telephone conversation with the dealer from whom the
24		part was acquired. If the dealer provides the missing
25		information the licensee shall record such information on
26		the Uniform Invoice or bill of sale along with the name of

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1		the person providing the information. If the dealer does
2		not provide the required information within the
3		aforementioned 7-day 7 day period, the licensee shall
4		return the part to that dealer.
5		(e) Except for scrap processors, all persons licensed or
6		required to be licensed who acquire or dispose of essential
7		parts other than quarter panels and transmissions of vehicles
8		of the first division shall retain a copy of the Uniform
9		Invoice required to be made by subsections (a), (b), and (c) of
10		this Section for a period of 3 years.
11		(f) Except for scrap processors, any person licensed or
12		required to be licensed under Section Sections 5-101, 5-102,
13		or 5-301 who knowingly fails to record on a Uniform Invoice any
14		of the information or entries required to be recorded by
15		subsections (a), (b), and (c) of this Section, or who
16		knowingly places false entries or other misleading information
17		on such Uniform Invoice, or who knowingly fails to retain for 3
18		years a copy of a Uniform Invoice reflecting transactions
19		required to be recorded by subsections (a), (b), and (c) of
20		this Section, or who knowingly acquires or disposes of
21		essential parts without receiving, issuing, or executing a
22		Uniform Invoice reflecting that transaction as required by
23		subsections (a), (b), and (c) of this Section, or who brings or
24		causes to be brought into this State essential parts for which
25		the information required to be recorded on a Uniform Invoice
26		is not recorded as prohibited by subsection (c) of this

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1		Section, or who knowingly fails to comply with the provisions
2		of this Section in any other manner shall be guilty of a Class
3		2 felony. Each violation shall constitute a separate and
4		distinct offense and a separate count may be brought in the
5		same indictment or information for each essential part for
6		which a record was not kept as required by this Section or for
7		which the person failed to comply with other provisions of
8		this Section.
9		(g) The records required to be kept by this Section may be
10		examined by a person or persons making a lawful inspection of
11		the licensee's premises pursuant to Section 5-403.
12		(h) The records required to be kept by this Section shall
13		be retained by the licensee at his principal place of business
14		for a period of 3 years.
15		(i) The requirements of this Section shall not apply to
16		the disposition of an essential part other than a cowl which
17		has been damaged or altered to a state in which it can no
18		longer be returned to a usable condition and which is being
19		sold or transferred to a scrap processor or for delivery to a
20		scrap processor.
21		(Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22;
22		102-538, eff. 8-20-21; revised 9-21-21.)
23		(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
24		Sec. 6-106.1. School bus driver permit.
25		(a) The Secretary of State shall issue a school bus driver

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1		permit to those applicants who have met all the requirements
2		of the application and screening process under this Section to
3		insure the welfare and safety of children who are transported
4		on school buses throughout the State of Illinois. Applicants
5		shall obtain the proper application required by the Secretary
6		of State from their prospective or current employer and submit
7		the completed application to the prospective or current
8		employer along with the necessary fingerprint submission as
9		required by the Illinois State Police to conduct fingerprint
10		based criminal background checks on current and future
11		information available in the state system and current
12		information available through the Federal Bureau of
13		Investigation's system. Applicants who have completed the
14		fingerprinting requirements shall not be subjected to the
15		fingerprinting process when applying for subsequent permits or
16		submitting proof of successful completion of the annual
17		refresher course. Individuals who on July 1, 1995 (the
18		effective date of Public Act 88-612) possess a valid school
19		bus driver permit that has been previously issued by the
20		appropriate Regional School Superintendent are not subject to
21		the fingerprinting provisions of this Section as long as the
22		permit remains valid and does not lapse. The applicant shall
23		be required to pay all related application and fingerprinting
24		fees as established by rule including, but not limited to, the
25		amounts established by the Illinois State Police and the
26		Federal Bureau of Investigation to process fingerprint based

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1		criminal background investigations. All fees paid for
2		fingerprint processing services under this Section shall be
3		deposited into the State Police Services Fund for the cost
4		incurred in processing the fingerprint based criminal
5		background investigations. All other fees paid under this
6		Section shall be deposited into the Road Fund for the purpose
7		of defraying the costs of the Secretary of State in
8		administering this Section. All applicants must:
9		1. be 21 years of age or older;
10		2. possess a valid and properly classified driver's
11		license issued by the Secretary of State;
12		3. possess a valid driver's license, which has not
13		been revoked, suspended, or canceled for 3 years
14		immediately prior to the date of application, or have not
15		had his or her commercial motor vehicle driving privileges
16		disqualified within the 3 years immediately prior to the
17		date of application;
18		4. successfully pass a written test, administered by
19		the Secretary of State, on school bus operation, school
20		bus safety, and special traffic laws relating to school
21		buses and submit to a review of the applicant's driving
22		habits by the Secretary of State at the time the written
23		test is given;
24		5. demonstrate ability to exercise reasonable care in
25		the operation of school buses in accordance with rules
26		promulgated by the Secretary of State;

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1		6. demonstrate physical fitness to operate school
2		buses by submitting the results of a medical examination,
3		including tests for drug use for each applicant not
4		subject to such testing pursuant to federal law, conducted
5		by a licensed physician, a licensed advanced practice
6		registered nurse, or a licensed physician assistant within
7		90 days of the date of application according to standards
8		promulgated by the Secretary of State;
9		7. affirm under penalties of perjury that he or she
10		has not made a false statement or knowingly concealed a
11		material fact in any application for permit;
12		8. have completed an initial classroom course,
13		including first aid procedures, in school bus driver
14		safety as promulgated by the Secretary of State; and after
15		satisfactory completion of said initial course an annual
16		refresher course; such courses and the agency or
17		organization conducting such courses shall be approved by
18		the Secretary of State; failure to complete the annual
19		refresher course, shall result in cancellation of the
20		permit until such course is completed;
21		9. not have been under an order of court supervision
22		for or convicted of 2 or more serious traffic offenses, as
23		defined by rule, within one year prior to the date of
24		application that may endanger the life or safety of any of
25		the driver's passengers within the duration of the permit
26		period;

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1		10. not have been under an order of court supervision
2		for or convicted of reckless driving, aggravated reckless
3		driving, driving while under the influence of alcohol,
4		other drug or drugs, intoxicating compound or compounds or
5		any combination thereof, or reckless homicide resulting
6		from the operation of a motor vehicle within 3 years of the
7		date of application;
8		11. not have been convicted of committing or
9		attempting to commit any one or more of the following
10		offenses: (i) those offenses defined in Sections 8-1,
11		8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
12		10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
13		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
14		11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
15		11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
16		11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
17		11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
18		11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
19		12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
20		12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
21		12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
22		12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
23		12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
24		18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
25		20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
26		24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,

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1		33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
2		of Section 24-3, and those offenses contained in Article
3		29D of the Criminal Code of 1961 or the Criminal Code of
4		2012; (ii) those offenses defined in the Cannabis Control
5		Act except those offenses defined in subsections (a) and
6		(b) of Section 4, and subsection (a) of Section 5 of the
7		Cannabis Control Act; (iii) those offenses defined in the
8		Illinois Controlled Substances Act; (iv) those offenses
9		defined in the Methamphetamine Control and Community
10		Protection Act; and (v) any offense committed or attempted
11		in any other state or against the laws of the United
12		States, which if committed or attempted in this State
13		would be punishable as one or more of the foregoing
14		offenses; (vi) the offenses defined in Section 4.1 and 5.1
15		of the Wrongs to Children Act or Section 11-9.1A of the
16		Criminal Code of 1961 or the Criminal Code of 2012; (vii)
17		those offenses defined in Section 6-16 of the Liquor
18		Control Act of 1934; and (viii) those offenses defined in
19		the Methamphetamine Precursor Control Act;
20		12. not have been repeatedly involved as a driver in
21		motor vehicle collisions or been repeatedly convicted of
22		offenses against laws and ordinances regulating the
23		movement of traffic, to a degree which indicates lack of
24		ability to exercise ordinary and reasonable care in the
25		safe operation of a motor vehicle or disrespect for the
26		traffic laws and the safety of other persons upon the

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1		highway;
2		13. not have, through the unlawful operation of a
3		motor vehicle, caused an accident resulting in the death
4		of any person;
5		14. not have, within the last 5 years, been adjudged
6		to be afflicted with or suffering from any mental
7		disability or disease;
8		15. consent, in writing, to the release of results of
9		reasonable suspicion drug and alcohol testing under
10		Section 6-106.1c of this Code by the employer of the
11		applicant to the Secretary of State; and
12		16. not have been convicted of committing or
13		attempting to commit within the last 20 years: (i) an
14		offense defined in subsection (c) of Section 4, subsection
15		(b) of Section 5, and subsection (a) of Section 8 of the
16		Cannabis Control Act; or (ii) any offenses in any other
17		state or against the laws of the United States that, if
18		committed or attempted in this State, would be punishable
19		as one or more of the foregoing offenses.
20		(b) A school bus driver permit shall be valid for a period
21		specified by the Secretary of State as set forth by rule. It
22		shall be renewable upon compliance with subsection (a) of this
23		Section.
24		(c) A school bus driver permit shall contain the holder's
25		driver's license number, legal name, residence address, zip
26		code, and date of birth, a brief description of the holder and

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1		a space for signature. The Secretary of State may require a
2		suitable photograph of the holder.
3		(d) The employer shall be responsible for conducting a
4		pre-employment interview with prospective school bus driver
5		candidates, distributing school bus driver applications and
6		medical forms to be completed by the applicant, and submitting
7		the applicant's fingerprint cards to the Illinois State Police
8		that are required for the criminal background investigations.
9		The employer shall certify in writing to the Secretary of
10		State that all pre-employment conditions have been
11		successfully completed including the successful completion of
12		an Illinois specific criminal background investigation through
13		the Illinois State Police and the submission of necessary
14		fingerprints to the Federal Bureau of Investigation for
15		criminal history information available through the Federal
16		Bureau of Investigation system. The applicant shall present
17		the certification to the Secretary of State at the time of
18		submitting the school bus driver permit application.
19		(e) Permits shall initially be provisional upon receiving
20		certification from the employer that all pre-employment
21		conditions have been successfully completed, and upon
22		successful completion of all training and examination
23		requirements for the classification of the vehicle to be
24		operated, the Secretary of State shall provisionally issue a
25		School Bus Driver Permit. The permit shall remain in a
26		provisional status pending the completion of the Federal

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1		Bureau of Investigation's criminal background investigation
2		based upon fingerprinting specimens submitted to the Federal
3		Bureau of Investigation by the Illinois State Police. The
4		Federal Bureau of Investigation shall report the findings
5		directly to the Secretary of State. The Secretary of State
6		shall remove the bus driver permit from provisional status
7		upon the applicant's successful completion of the Federal
8		Bureau of Investigation's criminal background investigation.
9		(f) A school bus driver permit holder shall notify the
10		employer and the Secretary of State if he or she is issued an
11		order of court supervision for or convicted in another state
12		of an offense that would make him or her ineligible for a
13		permit under subsection (a) of this Section. The written
14		notification shall be made within 5 days of the entry of the
15		order of court supervision or conviction. Failure of the
16		permit holder to provide the notification is punishable as a
17		petty offense for a first violation and a Class B misdemeanor
18		for a second or subsequent violation.
19		(g) Cancellation; suspension; notice and procedure.
20		(1) The Secretary of State shall cancel a school bus
21		driver permit of an applicant whose criminal background
22		investigation discloses that he or she is not in
23		compliance with the provisions of subsection (a) of this
24		Section.
25		(2) The Secretary of State shall cancel a school bus
26		driver permit when he or she receives notice that the

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1		permit holder fails to comply with any provision of this
2		Section or any rule promulgated for the administration of
3		this Section.
4		(3) The Secretary of State shall cancel a school bus
5		driver permit if the permit holder's restricted commercial
6		or commercial driving privileges are withdrawn or
7		otherwise invalidated.
8		(4) The Secretary of State may not issue a school bus
9		driver permit for a period of 3 years to an applicant who
10		fails to obtain a negative result on a drug test as
11		required in item 6 of subsection (a) of this Section or
12		under federal law.
13		(5) The Secretary of State shall forthwith suspend a
14		school bus driver permit for a period of 3 years upon
15		receiving notice that the holder has failed to obtain a
16		negative result on a drug test as required in item 6 of
17		subsection (a) of this Section or under federal law.
18		(6) The Secretary of State shall suspend a school bus
19		driver permit for a period of 3 years upon receiving
20		notice from the employer that the holder failed to perform
21		the inspection procedure set forth in subsection (a) or
22		(b) of Section 12-816 of this Code.
23		(7) The Secretary of State shall suspend a school bus
24		driver permit for a period of 3 years upon receiving
25		notice from the employer that the holder refused to submit
26		to an alcohol or drug test as required by Section 6-106.1c

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1		or has submitted to a test required by that Section which
2		disclosed an alcohol concentration of more than 0.00 or
3		disclosed a positive result on a National Institute on
4		Drug Abuse five-drug panel, utilizing federal standards
5		set forth in 49 CFR 40.87.
6		The Secretary of State shall notify the State
7		Superintendent of Education and the permit holder's
8		prospective or current employer that the applicant has (1) has
9		failed a criminal background investigation or (2) is no longer
10		eligible for a school bus driver permit; and of the related
11		cancellation of the applicant's provisional school bus driver
12		permit. The cancellation shall remain in effect pending the
13		outcome of a hearing pursuant to Section 2-118 of this Code.
14		The scope of the hearing shall be limited to the issuance
15		criteria contained in subsection (a) of this Section. A
16		petition requesting a hearing shall be submitted to the
17		Secretary of State and shall contain the reason the individual
18		feels he or she is entitled to a school bus driver permit. The
19		permit holder's employer shall notify in writing to the
20		Secretary of State that the employer has certified the removal
21		of the offending school bus driver from service prior to the
22		start of that school bus driver's next workshift. An employing
23		school board that fails to remove the offending school bus
24		driver from service is subject to the penalties defined in
25		Section 3-14.23 of the School Code. A school bus contractor
26		who violates a provision of this Section is subject to the

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1		penalties defined in Section 6-106.11.
2		All valid school bus driver permits issued under this
3		Section prior to January 1, 1995, shall remain effective until
4		their expiration date unless otherwise invalidated.
5		(h) When a school bus driver permit holder who is a service
6		member is called to active duty, the employer of the permit
7		holder shall notify the Secretary of State, within 30 days of
8		notification from the permit holder, that the permit holder
9		has been called to active duty. Upon notification pursuant to
10		this subsection, (i) the Secretary of State shall characterize
11		the permit as inactive until a permit holder renews the permit
12		as provided in subsection (i) of this Section, and (ii) if a
13		permit holder fails to comply with the requirements of this
14		Section while called to active duty, the Secretary of State
15		shall not characterize the permit as invalid.
16		(i) A school bus driver permit holder who is a service
17		member returning from active duty must, within 90 days, renew
18		a permit characterized as inactive pursuant to subsection (h)
19		of this Section by complying with the renewal requirements of
20		subsection (b) of this Section.
21		(j) For purposes of subsections (h) and (i) of this
22		Section:
23		"Active duty" means active duty pursuant to an executive
24		order of the President of the United States, an act of the
25		Congress of the United States, or an order of the Governor.
26		"Service member" means a member of the Armed Services or

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1		reserve forces of the United States or a member of the Illinois
2		National Guard.
3		(k) A private carrier employer of a school bus driver
4		permit holder, having satisfied the employer requirements of
5		this Section, shall be held to a standard of ordinary care for
6		intentional acts committed in the course of employment by the
7		bus driver permit holder. This subsection (k) shall in no way
8		limit the liability of the private carrier employer for
9		violation of any provision of this Section or for the
10		negligent hiring or retention of a school bus driver permit
11		holder.
12		(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
13		102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
14		10-13-21.)
15		(625 ILCS 5/6-107.5)
16		Sec. 6-107.5. Adult Driver Education Course.
17		(a) The Secretary shall establish by rule the curriculum
18		and designate the materials to be used in an adult driver
19		education course. The course shall be at least 6 hours in
20		length and shall include instruction on traffic laws; highway
21		signs, signals, and markings that regulate, warn, or direct
22		traffic; issues commonly associated with motor vehicle
23		accidents including poor decision-making, risk taking,
24		impaired driving, distraction, speed, failure to use a safety
25		belt, driving at night, failure to yield the right-of-way,

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1		texting while driving, using wireless communication devices,
2		and alcohol and drug awareness; and instruction on law
3		enforcement procedures during traffic stops, including actions
4		that a motorist should take during a traffic stop and
5		appropriate interactions with law enforcement officers. The
6		curriculum shall not require the operation of a motor vehicle.
7		(b) The Secretary shall certify course providers. The
8		requirements to be a certified course provider, the process
9		for applying for certification, and the procedure for
10		decertifying a course provider shall be established by rule.
11		(b-5) In order to qualify for certification as an adult
12		driver education course provider, each applicant must
13		authorize an investigation that includes a fingerprint-based
14		background check to determine if the applicant has ever been
15		convicted of a criminal offense and, if so, the disposition of
16		any conviction. This authorization shall indicate the scope of
17		the inquiry and the agencies that may be contacted. Upon
18		receiving this authorization, the Secretary of State may
19		request and receive information and assistance from any
20		federal, State, or local governmental agency as part of the
21		authorized investigation. Each applicant shall submit his or
22		her fingerprints to the Illinois State Police in the form and
23		manner prescribed by the Illinois State Police. These
24		fingerprints shall be checked against fingerprint records now
25		and hereafter filed in the Illinois State Police and Federal
26		Bureau of Investigation criminal history record databases. The

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1		Illinois State Police shall charge applicants a fee for
2		conducting the criminal history record check, which shall be
3		deposited into the State Police Services Fund and shall not
4		exceed the actual cost of the State and national criminal
5		history record check. The Illinois State Police shall furnish,
6		pursuant to positive identification, records of Illinois
7		criminal convictions to the Secretary and shall forward the
8		national criminal history record information to the Secretary.
9		Applicants shall pay any other fingerprint-related fees.
10		Unless otherwise prohibited by law, the information derived
11		from the investigation, including the source of the
12		information and any conclusions or recommendations derived
13		from the information by the Secretary of State, shall be
14		provided to the applicant upon request to the Secretary of
15		State prior to any final action by the Secretary of State on
16		the application. Any criminal conviction information obtained
17		by the Secretary of State shall be confidential and may not be
18		transmitted outside the Office of the Secretary of State,
19		except as required by this subsection (b-5), and may not be
20		transmitted to anyone within the Office of the Secretary of
21		State except as needed for the purpose of evaluating the
22		applicant. At any administrative hearing held under Section
23		2-118 of this Code relating to the denial, cancellation,
24		suspension, or revocation of certification of an adult driver
25		education course provider, the Secretary of State may utilize
26		at that hearing any criminal history, criminal conviction, and

HB5501 Engrossed - 2076 - LRB102 24698 AMC 33937 b
1		disposition information obtained under this subsection (b-5).
2		The information obtained from the investigation may be
3		maintained by the Secretary of State or any agency to which the
4		information was transmitted. Only information and standards
5		which bear a reasonable and rational relation to the
6		performance of providing adult driver education shall be used
7		by the Secretary of State. Any employee of the Secretary of
8		State who gives or causes to be given away any confidential
9		information concerning any criminal convictions or disposition
10		of criminal convictions of an applicant shall be guilty of a
11		Class A misdemeanor unless release of the information is
12		authorized by this Section.
13		(c) The Secretary may permit a course provider to offer
14		the course online, if the Secretary is satisfied the course
15		provider has established adequate procedures for verifying:
16		(1) the identity of the person taking the course
17		online; and
18		(2) the person completes the entire course.
19		(d) The Secretary shall establish a method of electronic
20		verification of a student's successful completion of the
21		course.
22		(e) The fee charged by the course provider must bear a
23		reasonable relationship to the cost of the course. The
24		Secretary shall post on the Secretary of State's website a
25		list of approved course providers, the fees charged by the
26		providers, and contact information for each provider.

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1		(f) In addition to any other fee charged by the course
2		provider, the course provider shall collect a fee of $5 from
3		each student to offset the costs incurred by the Secretary in
4		administering this program. The $5 shall be submitted to the
5		Secretary within 14 days of the day on which it was collected.
6		All such fees received by the Secretary shall be deposited in
7		the Secretary of State Driver Services Administration Fund.
8		(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21;
9		revised 10-12-21.)
10		(625 ILCS 5/6-206)
11		Sec. 6-206. Discretionary authority to suspend or revoke
12		license or permit; right to a hearing.
13		(a) The Secretary of State is authorized to suspend or
14		revoke the driving privileges of any person without
15		preliminary hearing upon a showing of the person's records or
16		other sufficient evidence that the person:
17		1. Has committed an offense for which mandatory
18		revocation of a driver's license or permit is required
19		upon conviction;
20		2. Has been convicted of not less than 3 offenses
21		against traffic regulations governing the movement of
22		vehicles committed within any 12-month period. No
23		revocation or suspension shall be entered more than 6
24		months after the date of last conviction;
25		3. Has been repeatedly involved as a driver in motor

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1		vehicle collisions or has been repeatedly convicted of
2		offenses against laws and ordinances regulating the
3		movement of traffic, to a degree that indicates lack of
4		ability to exercise ordinary and reasonable care in the
5		safe operation of a motor vehicle or disrespect for the
6		traffic laws and the safety of other persons upon the
7		highway;
8		4. Has by the unlawful operation of a motor vehicle
9		caused or contributed to an accident resulting in injury
10		requiring immediate professional treatment in a medical
11		facility or doctor's office to any person, except that any
12		suspension or revocation imposed by the Secretary of State
13		under the provisions of this subsection shall start no
14		later than 6 months after being convicted of violating a
15		law or ordinance regulating the movement of traffic, which
16		violation is related to the accident, or shall start not
17		more than one year after the date of the accident,
18		whichever date occurs later;
19		5. Has permitted an unlawful or fraudulent use of a
20		driver's license, identification card, or permit;
21		6. Has been lawfully convicted of an offense or
22		offenses in another state, including the authorization
23		contained in Section 6-203.1, which if committed within
24		this State would be grounds for suspension or revocation;
25		7. Has refused or failed to submit to an examination
26		provided for by Section 6-207 or has failed to pass the

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1		examination;
2		8. Is ineligible for a driver's license or permit
3		under the provisions of Section 6-103;
4		9. Has made a false statement or knowingly concealed a
5		material fact or has used false information or
6		identification in any application for a license,
7		identification card, or permit;
8		10. Has possessed, displayed, or attempted to
9		fraudulently use any license, identification card, or
10		permit not issued to the person;
11		11. Has operated a motor vehicle upon a highway of
12		this State when the person's driving privilege or
13		privilege to obtain a driver's license or permit was
14		revoked or suspended unless the operation was authorized
15		by a monitoring device driving permit, judicial driving
16		permit issued prior to January 1, 2009, probationary
17		license to drive, or restricted driving permit issued
18		under this Code;
19		12. Has submitted to any portion of the application
20		process for another person or has obtained the services of
21		another person to submit to any portion of the application
22		process for the purpose of obtaining a license,
23		identification card, or permit for some other person;
24		13. Has operated a motor vehicle upon a highway of
25		this State when the person's driver's license or permit
26		was invalid under the provisions of Sections 6-107.1 and

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1		6-110;
2		14. Has committed a violation of Section 6-301,
3		6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
4		14B of the Illinois Identification Card Act;
5		15. Has been convicted of violating Section 21-2 of
6		the Criminal Code of 1961 or the Criminal Code of 2012
7		relating to criminal trespass to vehicles if the person
8		exercised actual physical control over the vehicle during
9		the commission of the offense, in which case the
10		suspension shall be for one year;
11		16. Has been convicted of violating Section 11-204 of
12		this Code relating to fleeing from a peace officer;
13		17. Has refused to submit to a test, or tests, as
14		required under Section 11-501.1 of this Code and the
15		person has not sought a hearing as provided for in Section
16		11-501.1;
17		18. (Blank);
18		19. Has committed a violation of paragraph (a) or (b)
19		of Section 6-101 relating to driving without a driver's
20		license;
21		20. Has been convicted of violating Section 6-104
22		relating to classification of driver's license;
23		21. Has been convicted of violating Section 11-402 of
24		this Code relating to leaving the scene of an accident
25		resulting in damage to a vehicle in excess of $1,000, in
26		which case the suspension shall be for one year;

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1		22. Has used a motor vehicle in violating paragraph
2		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
3		the Criminal Code of 1961 or the Criminal Code of 2012
4		relating to unlawful use of weapons, in which case the
5		suspension shall be for one year;
6		23. Has, as a driver, been convicted of committing a
7		violation of paragraph (a) of Section 11-502 of this Code
8		for a second or subsequent time within one year of a
9		similar violation;
10		24. Has been convicted by a court-martial or punished
11		by non-judicial punishment by military authorities of the
12		United States at a military installation in Illinois or in
13		another state of or for a traffic-related offense that is
14		the same as or similar to an offense specified under
15		Section 6-205 or 6-206 of this Code;
16		25. Has permitted any form of identification to be
17		used by another in the application process in order to
18		obtain or attempt to obtain a license, identification
19		card, or permit;
20		26. Has altered or attempted to alter a license or has
21		possessed an altered license, identification card, or
22		permit;
23		27. (Blank);
24		28. Has been convicted for a first time of the illegal
25		possession, while operating or in actual physical control,
26		as a driver, of a motor vehicle, of any controlled

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1		substance prohibited under the Illinois Controlled
2		Substances Act, any cannabis prohibited under the Cannabis
3		Control Act, or any methamphetamine prohibited under the
4		Methamphetamine Control and Community Protection Act, in
5		which case the person's driving privileges shall be
6		suspended for one year. Any defendant found guilty of this
7		offense while operating a motor vehicle shall have an
8		entry made in the court record by the presiding judge that
9		this offense did occur while the defendant was operating a
10		motor vehicle and order the clerk of the court to report
11		the violation to the Secretary of State;
12		29. Has been convicted of the following offenses that
13		were committed while the person was operating or in actual
14		physical control, as a driver, of a motor vehicle:
15		criminal sexual assault, predatory criminal sexual assault
16		of a child, aggravated criminal sexual assault, criminal
17		sexual abuse, aggravated criminal sexual abuse, juvenile
18		pimping, soliciting for a juvenile prostitute, promoting
19		juvenile prostitution as described in subdivision (a)(1),
20		(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
21		of 1961 or the Criminal Code of 2012, and the manufacture,
22		sale or delivery of controlled substances or instruments
23		used for illegal drug use or abuse in which case the
24		driver's driving privileges shall be suspended for one
25		year;
26		30. Has been convicted a second or subsequent time for

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1		any combination of the offenses named in paragraph 29 of
2		this subsection, in which case the person's driving
3		privileges shall be suspended for 5 years;
4		31. Has refused to submit to a test as required by
5		Section 11-501.6 of this Code or Section 5-16c of the Boat
6		Registration and Safety Act or has submitted to a test
7		resulting in an alcohol concentration of 0.08 or more or
8		any amount of a drug, substance, or compound resulting
9		from the unlawful use or consumption of cannabis as listed
10		in the Cannabis Control Act, a controlled substance as
11		listed in the Illinois Controlled Substances Act, an
12		intoxicating compound as listed in the Use of Intoxicating
13		Compounds Act, or methamphetamine as listed in the
14		Methamphetamine Control and Community Protection Act, in
15		which case the penalty shall be as prescribed in Section
16		6-208.1;
17		32. Has been convicted of Section 24-1.2 of the
18		Criminal Code of 1961 or the Criminal Code of 2012
19		relating to the aggravated discharge of a firearm if the
20		offender was located in a motor vehicle at the time the
21		firearm was discharged, in which case the suspension shall
22		be for 3 years;
23		33. Has as a driver, who was less than 21 years of age
24		on the date of the offense, been convicted a first time of
25		a violation of paragraph (a) of Section 11-502 of this
26		Code or a similar provision of a local ordinance;

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1		34. Has committed a violation of Section 11-1301.5 of
2		this Code or a similar provision of a local ordinance;
3		35. Has committed a violation of Section 11-1301.6 of
4		this Code or a similar provision of a local ordinance;
5		36. Is under the age of 21 years at the time of arrest
6		and has been convicted of not less than 2 offenses against
7		traffic regulations governing the movement of vehicles
8		committed within any 24-month period. No revocation or
9		suspension shall be entered more than 6 months after the
10		date of last conviction;
11		37. Has committed a violation of subsection (c) of
12		Section 11-907 of this Code that resulted in damage to the
13		property of another or the death or injury of another;
14		38. Has been convicted of a violation of Section 6-20
15		of the Liquor Control Act of 1934 or a similar provision of
16		a local ordinance and the person was an occupant of a motor
17		vehicle at the time of the violation;
18		39. Has committed a second or subsequent violation of
19		Section 11-1201 of this Code;
20		40. Has committed a violation of subsection (a-1) of
21		Section 11-908 of this Code;
22		41. Has committed a second or subsequent violation of
23		Section 11-605.1 of this Code, a similar provision of a
24		local ordinance, or a similar violation in any other state
25		within 2 years of the date of the previous violation, in
26		which case the suspension shall be for 90 days;

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1		42. Has committed a violation of subsection (a-1) of
2		Section 11-1301.3 of this Code or a similar provision of a
3		local ordinance;
4		43. Has received a disposition of court supervision
5		for a violation of subsection (a), (d), or (e) of Section
6		6-20 of the Liquor Control Act of 1934 or a similar
7		provision of a local ordinance and the person was an
8		occupant of a motor vehicle at the time of the violation,
9		in which case the suspension shall be for a period of 3
10		months;
11		44. Is under the age of 21 years at the time of arrest
12		and has been convicted of an offense against traffic
13		regulations governing the movement of vehicles after
14		having previously had his or her driving privileges
15		suspended or revoked pursuant to subparagraph 36 of this
16		Section;
17		45. Has, in connection with or during the course of a
18		formal hearing conducted under Section 2-118 of this Code:
19		(i) committed perjury; (ii) submitted fraudulent or
20		falsified documents; (iii) submitted documents that have
21		been materially altered; or (iv) submitted, as his or her
22		own, documents that were in fact prepared or composed for
23		another person;
24		46. Has committed a violation of subsection (j) of
25		Section 3-413 of this Code;
26		47. Has committed a violation of subsection (a) of

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1		Section 11-502.1 of this Code;
2		48. Has submitted a falsified or altered medical
3		examiner's certificate to the Secretary of State or
4		provided false information to obtain a medical examiner's
5		certificate;
6		49. Has been convicted of a violation of Section
7		11-1002 or 11-1002.5 that resulted in a Type A injury to
8		another, in which case the driving privileges of the
9		person shall be suspended for 12 months; or
10		50. Has committed a violation of subsection (b-5) of
11		Section 12-610.2 that resulted in great bodily harm,
12		permanent disability, or disfigurement, in which case the
13		driving privileges of the person shall be suspended for 12
14		months.; or 50
15		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
16		and 27 of this subsection, license means any driver's license,
17		any traffic ticket issued when the person's driver's license
18		is deposited in lieu of bail, a suspension notice issued by the
19		Secretary of State, a duplicate or corrected driver's license,
20		a probationary driver's license, or a temporary driver's
21		license.
22		(b) If any conviction forming the basis of a suspension or
23		revocation authorized under this Section is appealed, the
24		Secretary of State may rescind or withhold the entry of the
25		order of suspension or revocation, as the case may be,
26		provided that a certified copy of a stay order of a court is

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1		filed with the Secretary of State. If the conviction is
2		affirmed on appeal, the date of the conviction shall relate
3		back to the time the original judgment of conviction was
4		entered and the 6-month limitation prescribed shall not apply.
5		(c) 1. Upon suspending or revoking the driver's license or
6		permit of any person as authorized in this Section, the
7		Secretary of State shall immediately notify the person in
8		writing of the revocation or suspension. The notice to be
9		deposited in the United States mail, postage prepaid, to the
10		last known address of the person.
11		2. If the Secretary of State suspends the driver's license
12		of a person under subsection 2 of paragraph (a) of this
13		Section, a person's privilege to operate a vehicle as an
14		occupation shall not be suspended, provided an affidavit is
15		properly completed, the appropriate fee received, and a permit
16		issued prior to the effective date of the suspension, unless 5
17		offenses were committed, at least 2 of which occurred while
18		operating a commercial vehicle in connection with the driver's
19		regular occupation. All other driving privileges shall be
20		suspended by the Secretary of State. Any driver prior to
21		operating a vehicle for occupational purposes only must submit
22		the affidavit on forms to be provided by the Secretary of State
23		setting forth the facts of the person's occupation. The
24		affidavit shall also state the number of offenses committed
25		while operating a vehicle in connection with the driver's
26		regular occupation. The affidavit shall be accompanied by the

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1		driver's license. Upon receipt of a properly completed
2		affidavit, the Secretary of State shall issue the driver a
3		permit to operate a vehicle in connection with the driver's
4		regular occupation only. Unless the permit is issued by the
5		Secretary of State prior to the date of suspension, the
6		privilege to drive any motor vehicle shall be suspended as set
7		forth in the notice that was mailed under this Section. If an
8		affidavit is received subsequent to the effective date of this
9		suspension, a permit may be issued for the remainder of the
10		suspension period.
11		The provisions of this subparagraph shall not apply to any
12		driver required to possess a CDL for the purpose of operating a
13		commercial motor vehicle.
14		Any person who falsely states any fact in the affidavit
15		required herein shall be guilty of perjury under Section 6-302
16		and upon conviction thereof shall have all driving privileges
17		revoked without further rights.
18		3. At the conclusion of a hearing under Section 2-118 of
19		this Code, the Secretary of State shall either rescind or
20		continue an order of revocation or shall substitute an order
21		of suspension; or, good cause appearing therefor, rescind,
22		continue, change, or extend the order of suspension. If the
23		Secretary of State does not rescind the order, the Secretary
24		may upon application, to relieve undue hardship (as defined by
25		the rules of the Secretary of State), issue a restricted
26		driving permit granting the privilege of driving a motor

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1		vehicle between the petitioner's residence and petitioner's
2		place of employment or within the scope of the petitioner's
3		employment-related duties, or to allow the petitioner to
4		transport himself or herself, or a family member of the
5		petitioner's household to a medical facility, to receive
6		necessary medical care, to allow the petitioner to transport
7		himself or herself to and from alcohol or drug remedial or
8		rehabilitative activity recommended by a licensed service
9		provider, or to allow the petitioner to transport himself or
10		herself or a family member of the petitioner's household to
11		classes, as a student, at an accredited educational
12		institution, or to allow the petitioner to transport children,
13		elderly persons, or persons with disabilities who do not hold
14		driving privileges and are living in the petitioner's
15		household to and from daycare. The petitioner must demonstrate
16		that no alternative means of transportation is reasonably
17		available and that the petitioner will not endanger the public
18		safety or welfare.
19		(A) If a person's license or permit is revoked or
20		suspended due to 2 or more convictions of violating
21		Section 11-501 of this Code or a similar provision of a
22		local ordinance or a similar out-of-state offense, or
23		Section 9-3 of the Criminal Code of 1961 or the Criminal
24		Code of 2012, where the use of alcohol or other drugs is
25		recited as an element of the offense, or a similar
26		out-of-state offense, or a combination of these offenses,

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1		arising out of separate occurrences, that person, if
2		issued a restricted driving permit, may not operate a
3		vehicle unless it has been equipped with an ignition
4		interlock device as defined in Section 1-129.1.
5		(B) If a person's license or permit is revoked or
6		suspended 2 or more times due to any combination of:
7		(i) a single conviction of violating Section
8		11-501 of this Code or a similar provision of a local
9		ordinance or a similar out-of-state offense or Section
10		9-3 of the Criminal Code of 1961 or the Criminal Code
11		of 2012, where the use of alcohol or other drugs is
12		recited as an element of the offense, or a similar
13		out-of-state offense; or
14		(ii) a statutory summary suspension or revocation
15		under Section 11-501.1; or
16		(iii) a suspension under Section 6-203.1;
17		arising out of separate occurrences; that person, if
18		issued a restricted driving permit, may not operate a
19		vehicle unless it has been equipped with an ignition
20		interlock device as defined in Section 1-129.1.
21		(B-5) If a person's license or permit is revoked or
22		suspended due to a conviction for a violation of
23		subparagraph (C) or (F) of paragraph (1) of subsection (d)
24		of Section 11-501 of this Code, or a similar provision of a
25		local ordinance or similar out-of-state offense, that
26		person, if issued a restricted driving permit, may not

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1		operate a vehicle unless it has been equipped with an
2		ignition interlock device as defined in Section 1-129.1.
3		(C) The person issued a permit conditioned upon the
4		use of an ignition interlock device must pay to the
5		Secretary of State DUI Administration Fund an amount not
6		to exceed $30 per month. The Secretary shall establish by
7		rule the amount and the procedures, terms, and conditions
8		relating to these fees.
9		(D) If the restricted driving permit is issued for
10		employment purposes, then the prohibition against
11		operating a motor vehicle that is not equipped with an
12		ignition interlock device does not apply to the operation
13		of an occupational vehicle owned or leased by that
14		person's employer when used solely for employment
15		purposes. For any person who, within a 5-year period, is
16		convicted of a second or subsequent offense under Section
17		11-501 of this Code, or a similar provision of a local
18		ordinance or similar out-of-state offense, this employment
19		exemption does not apply until either a one-year period
20		has elapsed during which that person had his or her
21		driving privileges revoked or a one-year period has
22		elapsed during which that person had a restricted driving
23		permit which required the use of an ignition interlock
24		device on every motor vehicle owned or operated by that
25		person.
26		(E) In each case the Secretary may issue a restricted

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1		driving permit for a period deemed appropriate, except
2		that all permits shall expire no later than 2 years from
3		the date of issuance. A restricted driving permit issued
4		under this Section shall be subject to cancellation,
5		revocation, and suspension by the Secretary of State in
6		like manner and for like cause as a driver's license
7		issued under this Code may be cancelled, revoked, or
8		suspended; except that a conviction upon one or more
9		offenses against laws or ordinances regulating the
10		movement of traffic shall be deemed sufficient cause for
11		the revocation, suspension, or cancellation of a
12		restricted driving permit. The Secretary of State may, as
13		a condition to the issuance of a restricted driving
14		permit, require the applicant to participate in a
15		designated driver remedial or rehabilitative program. The
16		Secretary of State is authorized to cancel a restricted
17		driving permit if the permit holder does not successfully
18		complete the program.
19		(F) A person subject to the provisions of paragraph 4
20		of subsection (b) of Section 6-208 of this Code may make
21		application for a restricted driving permit at a hearing
22		conducted under Section 2-118 of this Code after the
23		expiration of 5 years from the effective date of the most
24		recent revocation or after 5 years from the date of
25		release from a period of imprisonment resulting from a
26		conviction of the most recent offense, whichever is later,

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1		provided the person, in addition to all other requirements
2		of the Secretary, shows by clear and convincing evidence:
3		(i) a minimum of 3 years of uninterrupted
4		abstinence from alcohol and the unlawful use or
5		consumption of cannabis under the Cannabis Control
6		Act, a controlled substance under the Illinois
7		Controlled Substances Act, an intoxicating compound
8		under the Use of Intoxicating Compounds Act, or
9		methamphetamine under the Methamphetamine Control and
10		Community Protection Act; and
11		(ii) the successful completion of any
12		rehabilitative treatment and involvement in any
13		ongoing rehabilitative activity that may be
14		recommended by a properly licensed service provider
15		according to an assessment of the person's alcohol or
16		drug use under Section 11-501.01 of this Code.
17		In determining whether an applicant is eligible for a
18		restricted driving permit under this subparagraph (F), the
19		Secretary may consider any relevant evidence, including,
20		but not limited to, testimony, affidavits, records, and
21		the results of regular alcohol or drug tests. Persons
22		subject to the provisions of paragraph 4 of subsection (b)
23		of Section 6-208 of this Code and who have been convicted
24		of more than one violation of paragraph (3), paragraph
25		(4), or paragraph (5) of subsection (a) of Section 11-501
26		of this Code shall not be eligible to apply for a

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1		restricted driving permit under this subparagraph (F).
2		A restricted driving permit issued under this
3		subparagraph (F) shall provide that the holder may only
4		operate motor vehicles equipped with an ignition interlock
5		device as required under paragraph (2) of subsection (c)
6		of Section 6-205 of this Code and subparagraph (A) of
7		paragraph 3 of subsection (c) of this Section. The
8		Secretary may revoke a restricted driving permit or amend
9		the conditions of a restricted driving permit issued under
10		this subparagraph (F) if the holder operates a vehicle
11		that is not equipped with an ignition interlock device, or
12		for any other reason authorized under this Code.
13		A restricted driving permit issued under this
14		subparagraph (F) shall be revoked, and the holder barred
15		from applying for or being issued a restricted driving
16		permit in the future, if the holder is convicted of a
17		violation of Section 11-501 of this Code, a similar
18		provision of a local ordinance, or a similar offense in
19		another state.
20		(c-3) In the case of a suspension under paragraph 43 of
21		subsection (a), reports received by the Secretary of State
22		under this Section shall, except during the actual time the
23		suspension is in effect, be privileged information and for use
24		only by the courts, police officers, prosecuting authorities,
25		the driver licensing administrator of any other state, the
26		Secretary of State, or the parent or legal guardian of a driver

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1		under the age of 18. However, beginning January 1, 2008, if the
2		person is a CDL holder, the suspension shall also be made
3		available to the driver licensing administrator of any other
4		state, the U.S. Department of Transportation, and the affected
5		driver or motor carrier or prospective motor carrier upon
6		request.
7		(c-4) In the case of a suspension under paragraph 43 of
8		subsection (a), the Secretary of State shall notify the person
9		by mail that his or her driving privileges and driver's
10		license will be suspended one month after the date of the
11		mailing of the notice.
12		(c-5) The Secretary of State may, as a condition of the
13		reissuance of a driver's license or permit to an applicant
14		whose driver's license or permit has been suspended before he
15		or she reached the age of 21 years pursuant to any of the
16		provisions of this Section, require the applicant to
17		participate in a driver remedial education course and be
18		retested under Section 6-109 of this Code.
19		(d) This Section is subject to the provisions of the
20		Driver License Compact.
21		(e) The Secretary of State shall not issue a restricted
22		driving permit to a person under the age of 16 years whose
23		driving privileges have been suspended or revoked under any
24		provisions of this Code.
25		(f) In accordance with 49 C.F.R. 384, the Secretary of
26		State may not issue a restricted driving permit for the

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1		operation of a commercial motor vehicle to a person holding a
2		CDL whose driving privileges have been suspended, revoked,
3		cancelled, or disqualified under any provisions of this Code.
4		(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
5		101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
6		8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
7		(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
8		Sec. 6-508. Commercial Driver's License (CDL);
9		qualification (CDL) - qualification standards.
10		(a) Testing.
11		(1) General. No person shall be issued an original or
12		renewal CDL unless that person is domiciled in this State
13		or is applying for a non-domiciled CDL under Sections
14		6-509 and 6-510 of this Code. The Secretary shall cause to
15		be administered such tests as the Secretary deems
16		necessary to meet the requirements of 49 CFR C.F.R. Part
17		383, subparts F, G, H, and J.
18		(1.5) Effective July 1, 2014, no person shall be
19		issued an original CDL or an upgraded CDL that requires a
20		skills test unless that person has held a CLP, for a
21		minimum of 14 calendar days, for the classification of
22		vehicle and endorsement, if any, for which the person is
23		seeking a CDL.
24		(2) Third party testing. The Secretary of State may
25		authorize a "third party tester", pursuant to 49 CFR

HB5501 Engrossed - 2097 - LRB102 24698 AMC 33937 b
1		C.F.R. 383.75 and 49 CFR C.F.R. 384.228 and 384.229, to
2		administer the skills test or tests specified by the
3		Federal Motor Carrier Safety Administration pursuant to
4		the Commercial Motor Vehicle Safety Act of 1986 and any
5		appropriate federal rule.
6		(3)(i) Effective February 7, 2020, unless the person
7		is exempted by 49 CFR 380.603, no person shall be issued an
8		original (first time issuance) CDL, an upgraded CDL or a
9		school bus (S), passenger (P), or hazardous Materials (H)
10		endorsement unless the person has successfully completed
11		entry-level driver training (ELDT) taught by a training
12		provider listed on the federal Training Provider Registry.
13		(ii) Persons who obtain a CLP before February 7, 2020
14		are not required to complete ELDT if the person obtains a
15		CDL before the CLP or renewed CLP expires.
16		(iii) Except for persons seeking the H endorsement,
17		persons must complete the theory and behind-the-wheel
18		(range and public road) portions of ELDT within one year
19		of completing the first portion.
20		(iv) The Secretary shall adopt rules to implement this
21		subsection.
22		(b) Waiver of Skills Test. The Secretary of State may
23		waive the skills test specified in this Section for a driver
24		applicant for a commercial driver license who meets the
25		requirements of 49 CFR C.F.R. 383.77. The Secretary of State
26		shall waive the skills tests specified in this Section for a

HB5501 Engrossed - 2098 - LRB102 24698 AMC 33937 b
1		driver applicant who has military commercial motor vehicle
2		experience, subject to the requirements of 49 CFR C.F.R.
3		383.77.
4		(b-1) No person shall be issued a CDL unless the person
5		certifies to the Secretary one of the following types of
6		driving operations in which he or she will be engaged:
7		(1) non-excepted interstate;
8		(2) non-excepted intrastate;
9		(3) excepted interstate; or
10		(4) excepted intrastate.
11		(b-2) (Blank).
12		(c) Limitations on issuance of a CDL. A CDL shall not be
13		issued to a person while the person is subject to a
14		disqualification from driving a commercial motor vehicle, or
15		unless otherwise permitted by this Code, while the person's
16		driver's license is suspended, revoked, or cancelled in any
17		state, or any territory or province of Canada; nor may a CLP or
18		CDL be issued to a person who has a CLP or CDL issued by any
19		other state, or foreign jurisdiction, nor may a CDL be issued
20		to a person who has an Illinois CLP unless the person first
21		surrenders all of these licenses or permits. However, a person
22		may hold an Illinois CLP and an Illinois CDL providing the CLP
23		is necessary to train or practice for an endorsement or
24		vehicle classification not present on the current CDL. No CDL
25		shall be issued to or renewed for a person who does not meet
26		the requirement of 49 CFR 391.41(b)(11). The requirement may

HB5501 Engrossed - 2099 - LRB102 24698 AMC 33937 b
1		be met with the aid of a hearing aid.
2		(c-1) The Secretary may issue a CDL with a school bus
3		driver endorsement to allow a person to drive the type of bus
4		described in subsection (d-5) of Section 6-104 of this Code.
5		The CDL with a school bus driver endorsement may be issued only
6		to a person meeting the following requirements:
7		(1) the person has submitted his or her fingerprints
8		to the Illinois State Police in the form and manner
9		prescribed by the Illinois State Police. These
10		fingerprints shall be checked against the fingerprint
11		records now and hereafter filed in the Illinois State
12		Police and Federal Bureau of Investigation criminal
13		history records databases;
14		(2) the person has passed a written test, administered
15		by the Secretary of State, on charter bus operation,
16		charter bus safety, and certain special traffic laws
17		relating to school buses determined by the Secretary of
18		State to be relevant to charter buses, and submitted to a
19		review of the driver applicant's driving habits by the
20		Secretary of State at the time the written test is given;
21		(3) the person has demonstrated physical fitness to
22		operate school buses by submitting the results of a
23		medical examination, including tests for drug use; and
24		(4) the person has not been convicted of committing or
25		attempting to commit any one or more of the following
26		offenses: (i) those offenses defined in Sections 8-1.2,

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1		9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
2		10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
3		11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
4		11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
5		11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
6		11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
7		11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
8		11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
9		12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
10		12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
11		12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5,
12		12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45,
13		16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1,
14		20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
15		24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
16		24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
17		subsection (b) of Section 8-1, and in subdivisions (a)(1),
18		(a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
19		of Section 12-3.05, and in subsection (a) and subsection
20		(b), clause (1), of Section 12-4, and in subsection (A),
21		clauses (a) and (b), of Section 24-3, and those offenses
22		contained in Article 29D of the Criminal Code of 1961 or
23		the Criminal Code of 2012; (ii) those offenses defined in
24		the Cannabis Control Act except those offenses defined in
25		subsections (a) and (b) of Section 4, and subsection (a)
26		of Section 5 of the Cannabis Control Act; (iii) those

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1		offenses defined in the Illinois Controlled Substances
2		Act; (iv) those offenses defined in the Methamphetamine
3		Control and Community Protection Act; (v) any offense
4		committed or attempted in any other state or against the
5		laws of the United States, which if committed or attempted
6		in this State would be punishable as one or more of the
7		foregoing offenses; (vi) the offenses defined in Sections
8		4.1 and 5.1 of the Wrongs to Children Act or Section
9		11-9.1A of the Criminal Code of 1961 or the Criminal Code
10		of 2012; (vii) those offenses defined in Section 6-16 of
11		the Liquor Control Act of 1934; and (viii) those offenses
12		defined in the Methamphetamine Precursor Control Act.
13		The Illinois State Police shall charge a fee for
14		conducting the criminal history records check, which shall be
15		deposited into the State Police Services Fund and may not
16		exceed the actual cost of the records check.
17		(c-2) The Secretary shall issue a CDL with a school bus
18		endorsement to allow a person to drive a school bus as defined
19		in this Section. The CDL shall be issued according to the
20		requirements outlined in 49 CFR C.F.R. 383. A person may not
21		operate a school bus as defined in this Section without a
22		school bus endorsement. The Secretary of State may adopt rules
23		consistent with Federal guidelines to implement this
24		subsection (c-2).
25		(d) (Blank).
26		(Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21;

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1		102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
2		10-12-21.)
3		(625 ILCS 5/11-212)
4		Sec. 11-212. Traffic and pedestrian stop statistical
5		study.
6		(a) Whenever a State or local law enforcement officer
7		issues a uniform traffic citation or warning citation for an
8		alleged violation of the Illinois Vehicle Code, he or she
9		shall record at least the following:
10		(1) the name, address, gender, and the officer's
11		subjective determination of the race of the person
12		stopped; the person's race shall be selected from the
13		following list: American Indian or Alaska Native, Asian,
14		Black or African American, Hispanic or Latino, Native
15		Hawaiian or Other Pacific Islander, or White;
16		(2) the alleged traffic violation that led to the stop
17		of the motorist;
18		(3) the make and year of the vehicle stopped;
19		(4) the date and time of the stop, beginning when the
20		vehicle was stopped and ending when the driver is free to
21		leave or taken into physical custody;
22		(5) the location of the traffic stop;
23		(5.5) whether or not a consent search contemporaneous
24		to the stop was requested of the vehicle, driver,
25		passenger, or passengers; and, if so, whether consent was

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1		given or denied;
2		(6) whether or not a search contemporaneous to the
3		stop was conducted of the vehicle, driver, passenger, or
4		passengers; and, if so, whether it was with consent or by
5		other means;
6		(6.2) whether or not a police dog performed a sniff of
7		the vehicle; and, if so, whether or not the dog alerted to
8		the presence of contraband; and, if so, whether or not an
9		officer searched the vehicle; and, if so, whether or not
10		contraband was discovered; and, if so, the type and amount
11		of contraband;
12		(6.5) whether or not contraband was found during a
13		search; and, if so, the type and amount of contraband
14		seized; and
15		(7) the name and badge number of the issuing officer.
16		(b) Whenever a State or local law enforcement officer
17		stops a motorist for an alleged violation of the Illinois
18		Vehicle Code and does not issue a uniform traffic citation or
19		warning citation for an alleged violation of the Illinois
20		Vehicle Code, he or she shall complete a uniform stop card,
21		which includes field contact cards, or any other existing form
22		currently used by law enforcement containing information
23		required pursuant to this Act, that records at least the
24		following:
25		(1) the name, address, gender, and the officer's
26		subjective determination of the race of the person

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1		stopped; the person's race shall be selected from the
2		following list: American Indian or Alaska Native, Asian,
3		Black or African American, Hispanic or Latino, Native
4		Hawaiian or Other Pacific Islander, or White;
5		(2) the reason that led to the stop of the motorist;
6		(3) the make and year of the vehicle stopped;
7		(4) the date and time of the stop, beginning when the
8		vehicle was stopped and ending when the driver is free to
9		leave or taken into physical custody;
10		(5) the location of the traffic stop;
11		(5.5) whether or not a consent search contemporaneous
12		to the stop was requested of the vehicle, driver,
13		passenger, or passengers; and, if so, whether consent was
14		given or denied;
15		(6) whether or not a search contemporaneous to the
16		stop was conducted of the vehicle, driver, passenger, or
17		passengers; and, if so, whether it was with consent or by
18		other means;
19		(6.2) whether or not a police dog performed a sniff of
20		the vehicle; and, if so, whether or not the dog alerted to
21		the presence of contraband; and, if so, whether or not an
22		officer searched the vehicle; and, if so, whether or not
23		contraband was discovered; and, if so, the type and amount
24		of contraband;
25		(6.5) whether or not contraband was found during a
26		search; and, if so, the type and amount of contraband

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1		seized; and
2		(7) the name and badge number of the issuing officer.
3		(b-5) For purposes of this subsection (b-5), "detention"
4		means all frisks, searches, summons, and arrests. Whenever a
5		law enforcement officer subjects a pedestrian to detention in
6		a public place, he or she shall complete a uniform pedestrian
7		stop card, which includes any existing form currently used by
8		law enforcement containing all the information required under
9		this Section, that records at least the following:
10		(1) the gender, and the officer's subjective
11		determination of the race of the person stopped; the
12		person's race shall be selected from the following list:
13		American Indian or Alaska Native, Asian, Black or African
14		American, Hispanic or Latino, Native Hawaiian or Other
15		Pacific Islander, or White;
16		(2) all the alleged reasons that led to the stop of the
17		person;
18		(3) the date and time of the stop;
19		(4) the location of the stop;
20		(5) whether or not a protective pat down or frisk was
21		conducted of the person; and, if so, all the alleged
22		reasons that led to the protective pat down or frisk, and
23		whether it was with consent or by other means;
24		(6) whether or not contraband was found during the
25		protective pat down or frisk; and, if so, the type and
26		amount of contraband seized;

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1		(7) whether or not a search beyond a protective pat
2		down or frisk was conducted of the person or his or her
3		effects; and, if so, all the alleged reasons that led to
4		the search, and whether it was with consent or by other
5		means;
6		(8) whether or not contraband was found during the
7		search beyond a protective pat down or frisk; and, if so,
8		the type and amount of contraband seized;
9		(9) the disposition of the stop, such as a warning, a
10		ticket, a summons, or an arrest;
11		(10) if a summons or ticket was issued, or an arrest
12		made, a record of the violations, offenses, or crimes
13		alleged or charged; and
14		(11) the name and badge number of the officer who
15		conducted the detention.
16		This subsection (b-5) does not apply to searches or
17		inspections for compliance authorized under the Fish and
18		Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
19		or searches or inspections during routine security screenings
20		at facilities or events.
21		(c) The Illinois Department of Transportation shall
22		provide a standardized law enforcement data compilation form
23		on its website.
24		(d) Every law enforcement agency shall, by March 1 with
25		regard to data collected during July through December of the
26		previous calendar year and by August 1 with regard to data

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1		collected during January through June of the current calendar
2		year, compile the data described in subsections (a), (b), and
3		(b-5) on the standardized law enforcement data compilation
4		form provided by the Illinois Department of Transportation and
5		transmit the data to the Department.
6		(e) The Illinois Department of Transportation shall
7		analyze the data provided by law enforcement agencies required
8		by this Section and submit a report of the previous year's
9		findings to the Governor, the General Assembly, the Racial
10		Profiling Prevention and Data Oversight Board, and each law
11		enforcement agency no later than July 1 of each year. The
12		Illinois Department of Transportation may contract with an
13		outside entity for the analysis of the data provided. In
14		analyzing the data collected under this Section, the analyzing
15		entity shall scrutinize the data for evidence of statistically
16		significant aberrations. The following list, which is
17		illustrative, and not exclusive, contains examples of areas in
18		which statistically significant aberrations may be found:
19		(1) The percentage of minority drivers, passengers, or
20		pedestrians being stopped in a given area is substantially
21		higher than the proportion of the overall population in or
22		traveling through the area that the minority constitutes.
23		(2) A substantial number of false stops including
24		stops not resulting in the issuance of a traffic ticket or
25		the making of an arrest.
26		(3) A disparity between the proportion of citations

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1		issued to minorities and proportion of minorities in the
2		population.
3		(4) A disparity among the officers of the same law
4		enforcement agency with regard to the number of minority
5		drivers, passengers, or pedestrians being stopped in a
6		given area.
7		(5) A disparity between the frequency of searches
8		performed on minority drivers or pedestrians and the
9		frequency of searches performed on non-minority drivers or
10		pedestrians.
11		(f) Any law enforcement officer identification information
12		and driver or pedestrian identification information that is
13		compiled by any law enforcement agency or the Illinois
14		Department of Transportation pursuant to this Act for the
15		purposes of fulfilling the requirements of this Section shall
16		be confidential and exempt from public inspection and copying,
17		as provided under Section 7 of the Freedom of Information Act,
18		and the information shall not be transmitted to anyone except
19		as needed to comply with this Section. This Section shall not
20		exempt those materials that, prior to the effective date of
21		this amendatory Act of the 93rd General Assembly, were
22		available under the Freedom of Information Act. This
23		subsection (f) shall not preclude law enforcement agencies
24		from reviewing data to perform internal reviews.
25		(g) Funding to implement this Section shall come from
26		federal highway safety funds available to Illinois, as

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1		directed by the Governor.
2		(h) The Illinois Criminal Justice Information Authority,
3		in consultation with law enforcement agencies, officials, and
4		organizations, including Illinois chiefs of police, the
5		Illinois State Police, the Illinois Sheriffs Association, and
6		the Chicago Police Department, and community groups and other
7		experts, shall undertake a study to determine the best use of
8		technology to collect, compile, and analyze the traffic stop
9		statistical study data required by this Section. The
10		Department shall report its findings and recommendations to
11		the Governor and the General Assembly by March 1, 2022.
12		(h-1) The Traffic and Pedestrian Stop Data Use and
13		Collection Task Force is hereby created.
14		(1) The Task Force shall undertake a study to
15		determine the best use of technology to collect, compile,
16		and analyze the traffic stop statistical study data
17		required by this Section.
18		(2) The Task Force shall be an independent Task Force
19		under the Illinois Criminal Justice Information Authority
20		for administrative purposes, and shall consist of the
21		following members:
22		(A) 2 academics or researchers who have studied
23		issues related to traffic or pedestrian stop data
24		collection and have education or expertise in
25		statistics;
26		(B) one professor from an Illinois university who

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1		specializes in policing and racial equity;
2		(C) one representative from the Illinois State
3		Police;
4		(D) one representative from the Chicago Police
5		Department;
6		(E) one representative from the Illinois Chiefs of
7		Police;
8		(F) one representative from the Illinois Sheriffs
9		Association;
10		(G) one representative from the Chicago Fraternal
11		Order of Police;
12		(H) one representative from the Illinois Fraternal
13		Order of Police;
14		(I) the Executive Director of the American Civil
15		Liberties Union of Illinois, or his or her designee;
16		and
17		(J) 5 representatives from different community
18		organizations who specialize in civil or human rights,
19		policing, or criminal justice reform work, and that
20		represent a range of minority interests or different
21		parts of the State.
22		(3) The Illinois Criminal Justice Information
23		Authority may consult, contract, work in conjunction with,
24		and obtain any information from any individual, agency,
25		association, or research institution deemed appropriate by
26		the Authority.

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1		(4) The Task Force shall report its findings and
2		recommendations to the Governor and the General Assembly
3		by March 1, 2022 and every 3 years after.
4		(h-5) For purposes of this Section:
5		(1) "American Indian or Alaska Native" means a person
6		having origins in any of the original peoples of North and
7		South America, including Central America, and who
8		maintains tribal affiliation or community attachment.
9		(2) "Asian" means a person having origins in any of
10		the original peoples of the Far East, Southeast Asia, or
11		the Indian subcontinent, including, but not limited to,
12		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
13		the Philippine Islands, Thailand, and Vietnam.
14		(2.5) "Badge" means an officer's department issued
15		identification number associated with his or her position
16		as a police officer with that department.
17		(3) "Black or African American" means a person having
18		origins in any of the black racial groups of Africa.
19		(4) "Hispanic or Latino" means a person of Cuban,
20		Mexican, Puerto Rican, South or Central American, or other
21		Spanish culture or origin, regardless of race.
22		(5) "Native Hawaiian or Other Pacific Islander" means
23		a person having origins in any of the original peoples of
24		Hawaii, Guam, Samoa, or other Pacific Islands.
25		(6) "White" means a person having origins in any of
26		the original peoples of Europe, the Middle East, or North

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1		Africa.
2		(i) (Blank).
3		(Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22;
4		102-538, eff. 8-20-21; revised 9-21-21.)
5		(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
6		Sec. 11-907. Operation of vehicles and streetcars on
7		approach of authorized emergency vehicles.
8		(a) Upon the immediate approach of an authorized emergency
9		vehicle making use of audible and visual signals meeting the
10		requirements of this Code or a police vehicle properly and
11		lawfully making use of an audible or visual signal:
12		(1) the driver of every other vehicle shall yield the
13		right-of-way and shall immediately drive to a position
14		parallel to, and as close as possible to, the right-hand
15		edge or curb of the highway clear of any intersection and
16		shall, if necessary to permit the safe passage of the
17		emergency vehicle, stop and remain in such position until
18		the authorized emergency vehicle has passed, unless
19		otherwise directed by a police officer; and
20		(2) the operator of every streetcar shall immediately
21		stop such car clear of any intersection and keep it in such
22		position until the authorized emergency vehicle has
23		passed, unless otherwise directed by a police officer.
24		(b) This Section shall not operate to relieve the driver
25		of an authorized emergency vehicle from the duty to drive with

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1		due regard for the safety of all persons using the highway.
2		(c) Upon approaching a stationary authorized emergency
3		vehicle, when the authorized emergency vehicle is giving a
4		signal by displaying alternately flashing red, red and white,
5		blue, or red and blue lights or amber or yellow warning lights,
6		a person who drives an approaching vehicle shall:
7		(1) proceeding with due caution, yield the
8		right-of-way by making a lane change into a lane not
9		adjacent to that of the authorized emergency vehicle, if
10		possible with due regard to safety and traffic conditions,
11		if on a highway having at least 4 lanes with not less than
12		2 lanes proceeding in the same direction as the
13		approaching vehicle; or
14		(2) if changing lanes would be impossible or unsafe,
15		proceeding with due caution, reduce the speed of the
16		vehicle, maintaining a safe speed for road conditions and
17		leaving a safe distance until safely past the stationary
18		emergency vehicles.
19		The visual signal specified under this subsection (c)
20		given by an authorized emergency vehicle is an indication to
21		drivers of approaching vehicles that a hazardous condition is
22		present when circumstances are not immediately clear. Drivers
23		of vehicles approaching a stationary emergency vehicle in any
24		lane shall heed the warning of the signal, reduce the speed of
25		the vehicle, proceed with due caution, maintain a safe speed
26		for road conditions, be prepared to stop, and leave a safe

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1		distance until safely passed the stationary emergency vehicle.
2		As used in this subsection (c), "authorized emergency
3		vehicle" includes any vehicle authorized by law to be equipped
4		with oscillating, rotating, or flashing lights under Section
5		12-215 of this Code, while the owner or operator of the vehicle
6		is engaged in his or her official duties.
7		(d) A person who violates subsection (c) of this Section
8		commits a business offense punishable by a fine of not less
9		than $250 or more than $10,000 for a first violation, and a
10		fine of not less than $750 or more than $10,000 for a second or
11		subsequent violation. It is a factor in aggravation if the
12		person committed the offense while in violation of Section
13		11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
14		penalties authorized by this subsection (d) for a violation of
15		subsection (c) of this Section that results in the death of
16		another person does not preclude imposition of appropriate
17		additional civil or criminal penalties. A person who violates
18		subsection (c) and the violation results in damage to another
19		vehicle commits a Class A misdemeanor. A person who violates
20		subsection (c) and the violation results in the injury or
21		death of another person commits a Class 4 felony.
22		(e) If a violation of subsection (c) of this Section
23		results in damage to the property of another person, in
24		addition to any other penalty imposed, the person's driving
25		privileges shall be suspended for a fixed period of not less
26		than 90 days and not more than one year.

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1		(f) If a violation of subsection (c) of this Section
2		results in injury to another person, in addition to any other
3		penalty imposed, the person's driving privileges shall be
4		suspended for a fixed period of not less than 180 days and not
5		more than 2 years.
6		(g) If a violation of subsection (c) of this Section
7		results in the death of another person, in addition to any
8		other penalty imposed, the person's driving privileges shall
9		be suspended for 2 years.
10		(h) The Secretary of State shall, upon receiving a record
11		of a judgment entered against a person under subsection (c) of
12		this Section:
13		(1) suspend the person's driving privileges for the
14		mandatory period; or
15		(2) extend the period of an existing suspension by the
16		appropriate mandatory period.
17		(i) The Scott's Law Fund shall be a special fund in the
18		State treasury. Subject to appropriation by the General
19		Assembly and approval by the Director, the Director of the
20		State Police shall use all moneys in the Scott's Law Fund in
21		the Department's discretion to fund the production of
22		materials to educate drivers on approaching stationary
23		authorized emergency vehicles, to hire off-duty Department of
24		State Police for enforcement of this Section, and for other
25		law enforcement purposes the Director deems necessary in these
26		efforts.

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1		(j) For violations of this Section issued by a county or
2		municipal police officer, the assessment shall be deposited
3		into the county's or municipality's Transportation Safety
4		Highway Hire-back Fund. The county shall use the moneys in its
5		Transportation Safety Highway Hire-back Fund to hire off-duty
6		county police officers to monitor construction or maintenance
7		zones in that county on highways other than interstate
8		highways. The county, in its discretion, may also use a
9		portion of the moneys in its Transportation Safety Highway
10		Hire-back Fund to purchase equipment for county law
11		enforcement and fund the production of materials to educate
12		drivers on construction zone safe driving habits and
13		approaching stationary authorized emergency vehicles.
14		(k) In addition to other penalties imposed by this
15		Section, the court may order a person convicted of a violation
16		of subsection (c) to perform community service as determined
17		by the court.
18		(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22;
19		102-338, eff. 1-1-22; revised 9-21-21.)
20		(625 ILCS 5/11-1201.1)
21		Sec. 11-1201.1. Automated railroad crossing enforcement
22		system.
23		(a) For the purposes of this Section, an automated
24		railroad grade crossing enforcement system is a system in a
25		municipality or county operated by a governmental agency that

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1		produces a recorded image of a motor vehicle's violation of a
2		provision of this Code or local ordinance and is designed to
3		obtain a clear recorded image of the vehicle and vehicle's
4		license plate. The recorded image must also display the time,
5		date, and location of the violation.
6		As used in this Section, "recorded images" means images
7		recorded by an automated railroad grade crossing enforcement
8		system on:
9		(1) 2 or more photographs;
10		(2) 2 or more microphotographs;
11		(3) 2 or more electronic images; or
12		(4) a video recording showing the motor vehicle and,
13		on at least one image or portion of the recording, clearly
14		identifying the registration plate or digital registration
15		plate number of the motor vehicle.
16		(b) The Illinois Commerce Commission may, in cooperation
17		with a local law enforcement agency, establish in any county
18		or municipality an automated railroad grade crossing
19		enforcement system at any railroad grade crossing equipped
20		with a crossing gate designated by local authorities. Local
21		authorities desiring the establishment of an automated
22		railroad crossing enforcement system must initiate the process
23		by enacting a local ordinance requesting the creation of such
24		a system. After the ordinance has been enacted, and before any
25		additional steps toward the establishment of the system are
26		undertaken, the local authorities and the Commission must

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1		agree to a plan for obtaining, from any combination of
2		federal, State, and local funding sources, the moneys required
3		for the purchase and installation of any necessary equipment.
4		(b-1) (Blank).)
5		(c) For each violation of Section 11-1201 of this Code or a
6		local ordinance recorded by an automated railroad grade
7		crossing enforcement system, the county or municipality having
8		jurisdiction shall issue a written notice of the violation to
9		the registered owner of the vehicle as the alleged violator.
10		The notice shall be delivered to the registered owner of the
11		vehicle, by mail, no later than 90 days after the violation.
12		The notice shall include:
13		(1) the name and address of the registered owner of
14		the vehicle;
15		(2) the registration number of the motor vehicle
16		involved in the violation;
17		(3) the violation charged;
18		(4) the location where the violation occurred;
19		(5) the date and time of the violation;
20		(6) a copy of the recorded images;
21		(7) the amount of the civil penalty imposed and the
22		date by which the civil penalty should be paid;
23		(8) a statement that recorded images are evidence of a
24		violation of a railroad grade crossing;
25		(9) a warning that failure to pay the civil penalty or
26		to contest liability in a timely manner is an admission of

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1		liability; and
2		(10) a statement that the person may elect to proceed
3		by:
4		(A) paying the fine; or
5		(B) challenging the charge in court, by mail, or
6		by administrative hearing.
7		(d) (Blank).
8		(d-1) (Blank).)
9		(d-2) (Blank).)
10		(e) Based on inspection of recorded images produced by an
11		automated railroad grade crossing enforcement system, a notice
12		alleging that the violation occurred shall be evidence of the
13		facts contained in the notice and admissible in any proceeding
14		alleging a violation under this Section.
15		(e-1) Recorded images made by an automated railroad grade
16		crossing enforcement system are confidential and shall be made
17		available only to the alleged violator and governmental and
18		law enforcement agencies for purposes of adjudicating a
19		violation of this Section, for statistical purposes, or for
20		other governmental purposes. Any recorded image evidencing a
21		violation of this Section, however, may be admissible in any
22		proceeding resulting from the issuance of the citation.
23		(e-2) The court or hearing officer may consider the
24		following in the defense of a violation:
25		(1) that the motor vehicle or registration plates or
26		digital registration plates of the motor vehicle were

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1		stolen before the violation occurred and not under the
2		control of or in the possession of the owner at the time of
3		the violation;
4		(2) that the driver of the motor vehicle received a
5		Uniform Traffic Citation from a police officer at the time
6		of the violation for the same offense;
7		(3) any other evidence or issues provided by municipal
8		or county ordinance.
9		(e-3) To demonstrate that the motor vehicle or the
10		registration plates or digital registration plates were stolen
11		before the violation occurred and were not under the control
12		or possession of the owner at the time of the violation, the
13		owner must submit proof that a report concerning the stolen
14		motor vehicle or registration plates was filed with a law
15		enforcement agency in a timely manner.
16		(f) Rail crossings equipped with an automatic railroad
17		grade crossing enforcement system shall be posted with a sign
18		visible to approaching traffic stating that the railroad grade
19		crossing is being monitored, that citations will be issued,
20		and the amount of the fine for violation.
21		(g) The compensation paid for an automated railroad grade
22		crossing enforcement system must be based on the value of the
23		equipment or the services provided and may not be based on the
24		number of citations issued or the revenue generated by the
25		system.
26		(h) (Blank).)

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1		(i) If any part or parts of this Section are held by a
2		court of competent jurisdiction to be unconstitutional, the
3		unconstitutionality shall not affect the validity of the
4		remaining parts of this Section. The General Assembly hereby
5		declares that it would have passed the remaining parts of this
6		Section if it had known that the other part or parts of this
7		Section would be declared unconstitutional.
8		(j) Penalty. A civil fine of $250 shall be imposed for a
9		first violation of this Section, and a civil fine of $500 shall
10		be imposed for a second or subsequent violation of this
11		Section.
12		(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
13		revised 11-24-21.)
14		(625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
15		Sec. 13-108. Hearing on complaint against official testing
16		station or official portable emissions testing company;
17		suspension or revocation of permit. If it appears to the
18		Department, either through its own investigation or upon
19		charges verified under oath, that any of the provisions of
20		this Chapter or the rules and regulations of the Department,
21		are being violated, the Department, shall, after notice to the
22		person, firm, or corporation charged with such violation,
23		conduct a hearing. At least 10 days prior to the date of such
24		hearing the Department shall cause to be served upon the
25		person, firm, or corporation charged with such violation, a

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1		copy of such charge or charges by registered mail or by the
2		personal service thereof, together with a notice specifying
3		the time and place of such hearing. At the time and place
4		specified in such notice, the person, firm, or corporation
5		charged with such violation shall be given an opportunity to
6		appear in person or by counsel and to be heard by the Secretary
7		of Transportation or an officer or employee of the Department
8		designated in writing by him to conduct such hearing. If it
9		appears from the hearing that such person, firm, or
10		corporation is guilty of the charge preferred against the
11		person, firm, or corporation him or it, the Secretary of
12		Transportation may order the permit suspended or revoked, and
13		the bond forfeited. Any such revocation or suspension shall
14		not be a bar to subsequent arrest and prosecution for
15		violation of this Chapter.
16		(Source: P.A. 102-566, eff. 1-1-22; revised 11-24-21.)
17		(625 ILCS 5/13-109.1)
18		Sec. 13-109.1. Annual emission inspection tests;
19		standards; penalties; funds.
20		(a) For each diesel powered vehicle that (i) is registered
21		for a gross weight of more than 16,000 pounds, (ii) is
22		registered within an affected area, and (iii) is a 2 year or
23		older model year, an annual emission inspection test shall be
24		conducted at an official testing station or by an official
25		portable emissions testing company certified by the Illinois

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1		Department of Transportation to perform diesel emission
2		inspections pursuant to the standards set forth in subsection
3		(b) of this Section. This annual emission inspection test may
4		be conducted in conjunction with a semi-annual safety test.
5		(a-5) (Blank).
6		(b) Diesel emission inspections conducted under this
7		Chapter 13 shall be conducted in accordance with the Society
8		of Automotive Engineers Recommended Practice J1667
9		"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
10		Powered Vehicles" and the cutpoint standards set forth in the
11		United States Environmental Protection Agency guidance
12		document "Guidance to States on Smoke Opacity Cutpoints to be
13		used with the SAE J1667 In-Use Smoke Test Procedure". Those
14		procedures and standards, as now in effect, are made a part of
15		this Code, in the same manner as though they were set out in
16		full in this Code.
17		Notwithstanding the above cutpoint standards, for motor
18		vehicles that are model years 1973 and older, until December
19		31, 2002, the level of peak smoke opacity shall not exceed 70
20		percent. Beginning January 1, 2003, for motor vehicles that
21		are model years 1973 and older, the level of peak smoke opacity
22		shall not exceed 55 percent.
23		(c) If the annual emission inspection under subsection (a)
24		reveals that the vehicle is not in compliance with the diesel
25		emission standards set forth in subsection (b) of this
26		Section, the operator of the official testing station or

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1		official portable emissions testing company shall issue a
2		warning notice requiring correction of the violation. The
3		correction shall be made and the vehicle submitted to an
4		emissions retest at an official testing station or official
5		portable emissions testing company certified by the Department
6		to perform diesel emission inspections within 30 days from the
7		issuance of the warning notice requiring correction of the
8		violation.
9		If, within 30 days from the issuance of the warning
10		notice, the vehicle is not in compliance with the diesel
11		emission standards set forth in subsection (b) as determined
12		by an emissions retest at an official testing station or
13		through an official portable emissions testing company, the
14		certified emissions testing operator or the Department shall
15		place the vehicle out-of-service in accordance with the rules
16		promulgated by the Department. Operating a vehicle that has
17		been placed out-of-service under this subsection (c) is a
18		petty offense punishable by a $1,000 fine. The vehicle must
19		pass a diesel emission inspection at an official testing
20		station before it is again placed in service. The Secretary of
21		State, Illinois State Police, and other law enforcement
22		officers shall enforce this Section. No emergency vehicle, as
23		defined in Section 1-105, may be placed out-of-service
24		pursuant to this Section.
25		The Department, an official testing station, or an
26		official portable emissions testing company may issue a

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1		certificate of waiver subsequent to a reinspection of a
2		vehicle that failed the emissions inspection. Certificate of
3		waiver shall be issued upon determination that documented
4		proof demonstrates that emissions repair costs for the
5		noncompliant vehicle of at least $3,000 have been spent in an
6		effort to achieve compliance with the emission standards set
7		forth in subsection (b). The Department of Transportation
8		shall adopt rules for the implementation of this subsection
9		including standards of documented proof as well as the
10		criteria by which a waiver shall be granted.
11		(c-5) (Blank).
12		(d) (Blank).
13		(Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22;
14		revised 10-12-21.)
15		(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
16		Sec. 15-102. Width of vehicles.
17		(a) On Class III and non-designated State and local
18		highways, the total outside width of any vehicle or load
19		thereon shall not exceed 8 feet 6 inches.
20		(b) Except during those times when, due to insufficient
21		light or unfavorable atmospheric conditions, persons and
22		vehicles on the highway are not clearly discernible at a
23		distance of 1000 feet, the following vehicles may exceed the 8
24		feet 6 inch limitation during the period from a half hour
25		before sunrise to a half hour after sunset:

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1		(1) Loads of hay, straw or other similar farm products
2		provided that the load is not more than 12 feet wide.
3		(2) Implements of husbandry being transported on
4		another vehicle and the transporting vehicle while loaded.
5		The following requirements apply to the transportation
6		on another vehicle of an implement of husbandry wider than
7		8 feet 6 inches on the National System of Interstate and
8		Defense Highways or other highways in the system of State
9		highways:
10		(A) The driver of a vehicle transporting an
11		implement of husbandry that exceeds 8 feet 6 inches in
12		width shall obey all traffic laws and shall check the
13		roadways prior to making a movement in order to ensure
14		that adequate clearance is available for the movement.
15		It is prima facie evidence that the driver of a vehicle
16		transporting an implement of husbandry has failed to
17		check the roadway prior to making a movement if the
18		vehicle is involved in a collision with a bridge,
19		overpass, fixed structure, or properly placed traffic
20		control device or if the vehicle blocks traffic due to
21		its inability to proceed because of a bridge,
22		overpass, fixed structure, or properly placed traffic
23		control device.
24		(B) Flags shall be displayed so as to wave freely
25		at the extremities of overwidth objects and at the
26		extreme ends of all protrusions, projections, and

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1		overhangs. All flags shall be clean, bright red flags
2		with no advertising, wording, emblem, or insignia
3		inscribed upon them and at least 18 inches square.
4		(C) "OVERSIZE LOAD" signs are mandatory on the
5		front and rear of all vehicles with loads over 10 feet
6		wide. These signs must have 12-inch high black letters
7		with a 2-inch stroke on a yellow sign that is 7 feet
8		wide by 18 inches high.
9		(D) One civilian escort vehicle is required for a
10		load that exceeds 14 feet 6 inches in width and 2
11		civilian escort vehicles are required for a load that
12		exceeds 16 feet in width on the National System of
13		Interstate and Defense Highways or other highways in
14		the system of State highways.
15		(E) The requirements for a civilian escort vehicle
16		and driver are as follows:
17		(1) The civilian escort vehicle shall be a
18		vehicle not exceeding a gross vehicle weight
19		rating of 26,000 pounds that is designed to afford
20		clear and unobstructed vision to both front and
21		rear.
22		(2) The escort vehicle driver must be properly
23		licensed to operate the vehicle.
24		(3) While in use, the escort vehicle must be
25		equipped with illuminated rotating, oscillating,
26		or flashing amber lights or flashing amber strobe

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1		lights mounted on top that are of sufficient
2		intensity to be visible at 500 feet in normal
3		sunlight.
4		(4) "OVERSIZE LOAD" signs are mandatory on all
5		escort vehicles. The sign on an escort vehicle
6		shall have 8-inch high black letters on a yellow
7		sign that is 5 feet wide by 12 inches high.
8		(5) When only one escort vehicle is required
9		and it is operating on a two-lane highway, the
10		escort vehicle shall travel approximately 300 feet
11		ahead of the load. The rotating, oscillating, or
12		flashing lights or flashing amber strobe lights
13		and an "OVERSIZE LOAD" sign shall be displayed on
14		the escort vehicle and shall be visible from the
15		front. When only one escort vehicle is required
16		and it is operating on a multilane divided
17		highway, the escort vehicle shall travel
18		approximately 300 feet behind the load and the
19		sign and lights shall be visible from the rear.
20		(6) When 2 escort vehicles are required, one
21		escort shall travel approximately 300 feet ahead
22		of the load and the second escort shall travel
23		approximately 300 feet behind the load. The
24		rotating, oscillating, or flashing lights or
25		flashing amber strobe lights and an "OVERSIZE
26		LOAD" sign shall be displayed on the escort

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1		vehicles and shall be visible from the front on
2		the lead escort and from the rear on the trailing
3		escort.
4		(7) When traveling within the corporate limits
5		of a municipality, the escort vehicle shall
6		maintain a reasonable and proper distance from the
7		oversize load, consistent with existing traffic
8		conditions.
9		(8) A separate escort shall be provided for
10		each load hauled.
11		(9) The driver of an escort vehicle shall obey
12		all traffic laws.
13		(10) The escort vehicle must be in safe
14		operational condition.
15		(11) The driver of the escort vehicle must be
16		in radio contact with the driver of the vehicle
17		carrying the oversize load.
18		(F) A transport vehicle while under load of more
19		than 8 feet 6 inches in width must be equipped with an
20		illuminated rotating, oscillating, or flashing amber
21		light or lights or a flashing amber strobe light or
22		lights mounted on the top of the cab that are of
23		sufficient intensity to be visible at 500 feet in
24		normal sunlight. If the load on the transport vehicle
25		blocks the visibility of the amber lighting from the
26		rear of the vehicle, the vehicle must also be equipped

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1		with an illuminated rotating, oscillating, or flashing
2		amber light or lights or a flashing amber strobe light
3		or lights mounted on the rear of the load that are of
4		sufficient intensity to be visible at 500 feet in
5		normal sunlight.
6		(G) When a flashing amber light is required on the
7		transport vehicle under load and it is operating on a
8		two-lane highway, the transport vehicle shall display
9		to the rear at least one rotating, oscillating, or
10		flashing light or a flashing amber strobe light and an
11		"OVERSIZE LOAD" sign. When a flashing amber light is
12		required on the transport vehicle under load and it is
13		operating on a multilane divided highway, the sign and
14		light shall be visible from the rear.
15		(H) Maximum speed shall be 45 miles per hour on all
16		such moves or 5 miles per hour above the posted minimum
17		speed limit, whichever is greater, but the vehicle
18		shall not at any time exceed the posted maximum speed
19		limit.
20		(3) Portable buildings designed and used for
21		agricultural and livestock raising operations that are not
22		more than 14 feet wide and with not more than a one-foot 1
23		foot overhang along the left side of the hauling vehicle.
24		However, the buildings shall not be transported more than
25		10 miles and not on any route that is part of the National
26		System of Interstate and Defense Highways.

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1		All buildings when being transported shall display at
2		least 2 red cloth flags, not less than 12 inches square,
3		mounted as high as practicable on the left and right side of
4		the building.
5		An Illinois State Police escort shall be required if it is
6		necessary for this load to use part of the left lane when
7		crossing any 2-laned 2 laned State highway bridge.
8		(c) Vehicles propelled by electric power obtained from
9		overhead trolley wires operated wholly within the corporate
10		limits of a municipality are also exempt from the width
11		limitation.
12		(d) (Blank).
13		(d-1) A recreational vehicle, as defined in Section 1-169,
14		may exceed 8 feet 6 inches in width if:
15		(1) the excess width is attributable to appurtenances
16		that extend 6 inches or less beyond either side of the body
17		of the vehicle; and
18		(2) the roadway on which the vehicle is traveling has
19		marked lanes for vehicular traffic that are at least 11
20		feet in width.
21		As used in this subsection (d-1) and in subsection (d-2),
22		the term appurtenance includes (i) a retracted awning and its
23		support hardware and (ii) any appendage that is intended to be
24		an integral part of a recreational vehicle.
25		(d-2) A recreational vehicle that exceeds 8 feet 6 inches
26		in width as provided in subsection (d-1) may travel any

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1		roadway of the State if the vehicle is being operated between a
2		roadway permitted under subsection (d-1) and:
3		(1) the location where the recreational vehicle is
4		garaged;
5		(2) the destination of the recreational vehicle; or
6		(3) a facility for food, fuel, repair, services, or
7		rest.
8		(e) A vehicle and load traveling upon the National System
9		of Interstate and Defense Highways or any other highway in the
10		system of State highways that has been designated as a Class I
11		or Class II highway by the Department, or any street or highway
12		designated by local authorities, may have a total outside
13		width of 8 feet 6 inches, provided that certain safety devices
14		that the Department determines as necessary for the safe and
15		efficient operation of motor vehicles shall not be included in
16		the calculation of width.
17		Section 5-35 of the Illinois Administrative Procedure Act
18		relating to procedures for rulemaking shall not apply to the
19		designation of highways under this paragraph (e).
20		(f) Mirrors required by Section 12-502 of this Code may
21		project up to 14 inches beyond each side of a bus and up to 6
22		inches beyond each side of any other vehicle, and that
23		projection shall not be deemed a violation of the width
24		restrictions of this Section.
25		(g) Any person who is convicted of violating this Section
26		is subject to the penalty as provided in paragraph (b) of

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1		Section 15-113.
2		(h) Safety devices identified by the Department in
3		accordance with Section 12-812 shall not be deemed a violation
4		of the width restrictions of this Section.
5		(Source: P.A. 102-441, eff. 1-1-22; 102-538, eff. 8-20-21;
6		revised 9-22-21.)
7		(625 ILCS 5/15-305) (from Ch. 95 1/2, par. 15-305)
8		Sec. 15-305. Fees for legal weight but overdimension
9		vehicles, combinations, and loads ;oads, other than house
10		trailer combinations. Fees for special permits to move
11		overdimension vehicles, combinations, and loads, other than
12		house trailer combinations, shall be paid by the applicant to
13		the Department at the following rates:
14 90 Day Annual 15 Limited Limited 16 Single Continuous Continuous 17 Trip Operation Operation 18 (a) Overall width of 10 feet 19 or less, overall height of 14 20 feet 6 inches or less, and 21 overall length of 70 22 feet or less $100.00 $400.00 23 For the first 90 miles $12.00 24 From 90 miles to 180 miles $15.00 25 From 180 miles to 270 miles $18.00

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1 For more than 270 miles $21.00 2 (b) Overall width of 12 feet 3 or less, overall height of 14 4 feet 6 inches or less, and 5 overall length 6 of 85 feet or less $150.00 $600.00 7 For the first 90 miles $15.00 8 From 90 miles to 180 miles $20.00 9 From 180 miles to 270 miles $25.00 10 For more than 270 miles $30.00 11 (c) Overall width of 14 feet 12 or less, overall height of 15 13 feet or less, and overall 14 length of 100 feet or less 15 16 Single Trip 17 Only 18 For the first 90 miles $25.00 19 From 90 miles to 180 miles $30.00 20 From 180 miles to 270 miles $35.00 21 For more than 270 miles $40.00

HB5501 Engrossed - 2135 - LRB102 24698 AMC 33937 b

1 (d) Overall width of 18 feet 2 or less (authorized only 3 under special conditions and 4 for limited distances), 5 overall height of 16 feet or 6 less, and overall length of 7 120 feet or less 8 9 Single Trip 10 Only 11 For the first 90 miles $30.00 12 From 90 miles to 180 miles $40.00 13 From 180 miles to 270 miles $50.00 14 For more than 270 miles $60.00 15 (e) Overall width of more 16 than 18 feet (authorized only 17 under special conditions and 18 for limited distances), 19 overall height more than 16 20 feet, and overall length more 21 than 120 feet 22 23 Single Trip 24 Only 25 For the first 90 miles $50.00 26 From 90 miles to 180 miles $75.00

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1 From 180 miles to 270 miles $100.00 2 For more than 270 miles $125.00
3		Permits issued under this Section shall be for a vehicle,
4		or vehicle combination and load not exceeding legal weights, ;
5		and, in the case of the limited continuous operation, shall be
6		for the same vehicle, vehicle combination, or like load.
7		Escort requirements shall be as prescribed in the
8		Department's rules and regulations. Fees for the Illinois
9		State Police vehicle escort, when required, shall be in
10		addition to the permit fees.
11		(Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)
12		(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
13		(Text of Section before amendment by P.A. 101-652)
14		Sec. 16-103. Arrest outside county where violation
15		committed.
16		Whenever a defendant is arrested upon a warrant charging a
17		violation of this Act in a county other than that in which such
18		warrant was issued, the arresting officer, immediately upon
19		the request of the defendant, shall take such defendant before
20		a circuit judge or associate circuit judge in the county in
21		which the arrest was made who shall admit the defendant to bail
22		for his appearance before the court named in the warrant. On
23		taking such bail, the circuit judge or associate circuit judge
24		shall certify such fact on the warrant and deliver the warrant
25		and undertaking of bail or other security, or the drivers

HB5501 Engrossed - 2137 - LRB102 24698 AMC 33937 b
1		license of such defendant if deposited, under the law relating
2		to such licenses, in lieu of such security, to the officer
3		having charge of the defendant. Such officer shall then
4		immediately discharge the defendant from arrest and without
5		delay deliver such warrant and such undertaking of bail, or
6		other security or drivers license to the court before which
7		the defendant is required to appear.
8		(Source: P.A. 77-1280.)
9		(Text of Section after amendment by P.A. 101-652)
10		Sec. 16-103. Arrest outside county where violation
11		committed.
12		Whenever a defendant is arrested upon a warrant charging a
13		violation of this Act in a county other than that in which such
14		warrant was issued, the arresting officer, immediately upon
15		the request of the defendant, shall take such defendant before
16		a circuit judge or associate circuit judge in the county in
17		which the arrest was made who shall admit the defendant to
18		pretrial release for his appearance before the court named in
19		the warrant. On setting the conditions of pretrial release,
20		the circuit judge or associate circuit judge shall certify
21		such fact on the warrant and deliver the warrant and
22		conditions of pretrial release, or the drivers license of such
23		defendant if deposited, under the law relating to such
24		licenses, in lieu of such security, to the officer having
25		charge of the defendant. Such officer shall then immediately

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1		discharge the defendant from arrest and without delay deliver
2		such warrant and such acknowledgment by the defendant of his
3		or her receiving the conditions of pretrial release or drivers
4		license to the court before which the defendant is required to
5		appear.
6		(Source: P.A. 101-652, eff. 1-1-23; revised 11-24-21.)
7		(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
8		Sec. 16-105. Disposition of fines and forfeitures.
9		(a) Except as provided in Section 15-113 of this Act and
10		except those amounts subject to disbursement by the circuit
11		clerk under the Criminal and Traffic Assessment Act, fines and
12		penalties recovered under the provisions of Chapters 3 through
13		17 and 18b inclusive of this Code shall be paid and used as
14		follows:
15		1. For offenses committed upon a highway within the
16		limits of a city, village, or incorporated town or under
17		the jurisdiction of any park district, to the treasurer of
18		the particular city, village, incorporated town, or park
19		district, if the violator was arrested by the authorities
20		of the city, village, incorporated town, or park district,
21		provided the police officers and officials of cities,
22		villages, incorporated towns, and park districts shall
23		seasonably prosecute for all fines and penalties under
24		this Code. If the violation is prosecuted by the
25		authorities of the county, any fines or penalties

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1		recovered shall be paid to the county treasurer, except
2		that fines and penalties recovered from violations
3		arrested by the Illinois State Police shall be remitted to
4		the State Treasurer for deposit into the State Police Law
5		Enforcement Administration Fund. Provided further that if
6		the violator was arrested by the Illinois State Police,
7		fines and penalties recovered under the provisions of
8		paragraph (a) of Section 15-113 of this Code or paragraph
9		(e) of Section 15-316 of this Code shall be remitted
10		Illinois to the State Treasurer who shall deposit the
11		amount so remitted in the special fund in the State
12		treasury known as the Road Fund except that if the
13		violation is prosecuted by the State's Attorney, 10% of
14		the fine or penalty recovered shall be paid to the State's
15		Attorney as a fee of his office and the balance shall be
16		remitted to the State Treasurer Illinois for remittance to
17		and deposit by the State Treasurer as hereinabove
18		provided.
19		2. Except as provided in paragraph 4, for offenses
20		committed upon any highway outside the limits of a city,
21		village, incorporated town, or park district, to the
22		county treasurer of the county where the offense was
23		committed except if such offense was committed on a
24		highway maintained by or under the supervision of a
25		township, township district, or a road district to the
26		Treasurer thereof for deposit in the road and bridge fund

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1		of such township or other district, except that fines and
2		penalties recovered from violations arrested by the
3		Illinois State Police shall be remitted to the State
4		Treasurer for deposit into the State Police Law
5		Enforcement Administration Fund; provided, that fines and
6		penalties recovered under the provisions of paragraph (a)
7		of Section 15-113, paragraph (d) of Section 3-401, or
8		paragraph (e) of Section 15-316 of this Code shall be
9		remitted Illinois to the State Treasurer who shall deposit
10		the amount so remitted in the special fund in the State
11		treasury known as the Road Fund except that if the
12		violation is prosecuted by the State's Attorney, 10% of
13		the fine or penalty recovered shall be paid to the State's
14		Attorney as a fee of his office and the balance shall be
15		remitted to the State Treasurer Illinois for remittance to
16		and deposit by the State Treasurer as hereinabove
17		provided.
18		3. Notwithstanding subsections 1 and 2 of this
19		paragraph, for violations of overweight and overload
20		limits found in Sections 15-101 through 15-203 of this
21		Code, which are committed upon the highways belonging to
22		the Illinois State Toll Highway Authority, fines and
23		penalties shall be remitted to the Illinois State Toll
24		Highway Authority for deposit with the State Treasurer
25		into that special fund known as the Illinois State Toll
26		Highway Authority Fund, except that if the violation is

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1		prosecuted by the State's Attorney, 10% of the fine or
2		penalty recovered shall be paid to the State's Attorney as
3		a fee of his office and the balance shall be remitted to
4		the Illinois State Toll Highway Authority for remittance
5		to and deposit by the State Treasurer as hereinabove
6		provided.
7		4. With regard to violations of overweight and
8		overload limits found in Sections 15-101 through 15-203 of
9		this Code committed by operators of vehicles registered as
10		Special Hauling Vehicles, for offenses committed upon a
11		highway within the limits of a city, village, or
12		incorporated town or under the jurisdiction of any park
13		district, all fines and penalties shall be paid over or
14		retained as required in paragraph 1. However, with regard
15		to the above offenses committed by operators of vehicles
16		registered as Special Hauling Vehicles upon any highway
17		outside the limits of a city, village, incorporated town,
18		or park district, fines and penalties shall be paid over
19		or retained by the entity having jurisdiction over the
20		road or highway upon which the offense occurred, except
21		that if the violation is prosecuted by the State's
22		Attorney, 10% of the fine or penalty recovered shall be
23		paid to the State's Attorney as a fee of his office.
24		(b) Failure, refusal, or neglect on the part of any
25		judicial or other officer or employee receiving or having
26		custody of any such fine or forfeiture either before or after a

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1		deposit with the proper official as defined in paragraph (a)
2		of this Section, shall constitute misconduct in office and
3		shall be grounds for removal therefrom.
4		(Source: P.A. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21;
5		revised 10-12-21.)
6		Section 580. The Snowmobile Registration and Safety Act is
7		amended by changing Section 5-7 as follows:
8		(625 ILCS 40/5-7)
9		(Text of Section before amendment by P.A. 101-652)
10		Sec. 5-7. Operating a snowmobile while under the influence
11		of alcohol or other drug or drugs, intoxicating compound or
12		compounds, or a combination of them; criminal penalties;
13		suspension of operating privileges.
14		(a) A person may not operate or be in actual physical
15		control of a snowmobile within this State while:
16		1. The alcohol concentration in that person's blood,
17		other bodily substance, or breath is a concentration at
18		which driving a motor vehicle is prohibited under
19		subdivision (1) of subsection (a) of Section 11-501 of the
20		Illinois Vehicle Code;
21		2. The person is under the influence of alcohol;
22		3. The person is under the influence of any other drug
23		or combination of drugs to a degree that renders that
24		person incapable of safely operating a snowmobile;

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1		3.1. The person is under the influence of any
2		intoxicating compound or combination of intoxicating
3		compounds to a degree that renders the person incapable of
4		safely operating a snowmobile;
5		4. The person is under the combined influence of
6		alcohol and any other drug or drugs or intoxicating
7		compound or compounds to a degree that renders that person
8		incapable of safely operating a snowmobile;
9		4.3. The person who is not a CDL holder has a
10		tetrahydrocannabinol concentration in the person's whole
11		blood or other bodily substance at which driving a motor
12		vehicle is prohibited under subdivision (7) of subsection
13		(a) of Section 11-501 of the Illinois Vehicle Code;
14		4.5. The person who is a CDL holder has any amount of a
15		drug, substance, or compound in the person's breath,
16		blood, other bodily substance, or urine resulting from the
17		unlawful use or consumption of cannabis listed in the
18		Cannabis Control Act; or
19		5. There is any amount of a drug, substance, or
20		compound in that person's breath, blood, other bodily
21		substance, or urine resulting from the unlawful use or
22		consumption of a controlled substance listed in the
23		Illinois Controlled Substances Act, methamphetamine as
24		listed in the Methamphetamine Control and Community
25		Protection Act, or intoxicating compound listed in the use
26		of Intoxicating Compounds Act.

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1		(b) The fact that a person charged with violating this
2		Section is or has been legally entitled to use alcohol, other
3		drug or drugs, any intoxicating compound or compounds, or any
4		combination of them does not constitute a defense against a
5		charge of violating this Section.
6		(c) Every person convicted of violating this Section or a
7		similar provision of a local ordinance is guilty of a Class A
8		misdemeanor, except as otherwise provided in this Section.
9		(c-1) As used in this Section, "first time offender" means
10		any person who has not had a previous conviction or been
11		assigned supervision for violating this Section or a similar
12		provision of a local ordinance, or any person who has not had a
13		suspension imposed under subsection (e) of Section 5-7.1.
14		(c-2) For purposes of this Section, the following are
15		equivalent to a conviction:
16		(1) a forfeiture of bail or collateral deposited to
17		secure a defendant's appearance in court when forfeiture
18		has not been vacated; or
19		(2) the failure of a defendant to appear for trial.
20		(d) Every person convicted of violating this Section is
21		guilty of a Class 4 felony if:
22		1. The person has a previous conviction under this
23		Section;
24		2. The offense results in personal injury where a
25		person other than the operator suffers great bodily harm
26		or permanent disability or disfigurement, when the

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1		violation was a proximate cause of the injuries. A person
2		guilty of a Class 4 felony under this paragraph 2, if
3		sentenced to a term of imprisonment, shall be sentenced to
4		not less than one year nor more than 12 years; or
5		3. The offense occurred during a period in which the
6		person's privileges to operate a snowmobile are revoked or
7		suspended, and the revocation or suspension was for a
8		violation of this Section or was imposed under Section
9		5-7.1.
10		(e) Every person convicted of violating this Section is
11		guilty of a Class 2 felony if the offense results in the death
12		of a person. A person guilty of a Class 2 felony under this
13		subsection (e), if sentenced to a term of imprisonment, shall
14		be sentenced to a term of not less than 3 years and not more
15		than 14 years.
16		(e-1) Every person convicted of violating this Section or
17		a similar provision of a local ordinance who had a child under
18		the age of 16 on board the snowmobile at the time of offense
19		shall be subject to a mandatory minimum fine of $500 and shall
20		be subject to a mandatory minimum of 5 days of community
21		service in a program benefiting children. The assignment under
22		this subsection shall not be subject to suspension nor shall
23		the person be eligible for probation in order to reduce the
24		assignment.
25		(e-2) Every person found guilty of violating this Section,
26		whose operation of a snowmobile while in violation of this

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1		Section proximately caused any incident resulting in an
2		appropriate emergency response, shall be liable for the
3		expense of an emergency response as provided in subsection (i)
4		of Section 11-501.01 of the Illinois Vehicle Code.
5		(e-3) In addition to any other penalties and liabilities,
6		a person who is found guilty of violating this Section,
7		including any person placed on court supervision, shall be
8		fined $100, payable to the circuit clerk, who shall distribute
9		the money to the law enforcement agency that made the arrest or
10		as provided in subsection (c) of Section 10-5 of the Criminal
11		and Traffic Assessment Act if the arresting agency is a State
12		agency, unless more than one agency is responsible for the
13		arrest, in which case the amount shall be remitted to each unit
14		of government equally. Any moneys received by a law
15		enforcement agency under this subsection (e-3) shall be used
16		to purchase law enforcement equipment or to provide law
17		enforcement training that will assist in the prevention of
18		alcohol related criminal violence throughout the State. Law
19		enforcement equipment shall include, but is not limited to,
20		in-car video cameras, radar and laser speed detection devices,
21		and alcohol breath testers.
22		(f) In addition to any criminal penalties imposed, the
23		Department of Natural Resources shall suspend the snowmobile
24		operation privileges of a person convicted or found guilty of
25		a misdemeanor under this Section for a period of one year,
26		except that first-time offenders are exempt from this

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1		mandatory one-year one year suspension.
2		(g) In addition to any criminal penalties imposed, the
3		Department of Natural Resources shall suspend for a period of
4		5 years the snowmobile operation privileges of any person
5		convicted or found guilty of a felony under this Section.
6		(Source: P.A. 102-145, eff. 7-23-21; revised 8-5-21.)
7		(Text of Section after amendment by P.A. 101-652)
8		Sec. 5-7. Operating a snowmobile while under the influence
9		of alcohol or other drug or drugs, intoxicating compound or
10		compounds, or a combination of them; criminal penalties;
11		suspension of operating privileges.
12		(a) A person may not operate or be in actual physical
13		control of a snowmobile within this State while:
14		1. The alcohol concentration in that person's blood,
15		other bodily substance, or breath is a concentration at
16		which driving a motor vehicle is prohibited under
17		subdivision (1) of subsection (a) of Section 11-501 of the
18		Illinois Vehicle Code;
19		2. The person is under the influence of alcohol;
20		3. The person is under the influence of any other drug
21		or combination of drugs to a degree that renders that
22		person incapable of safely operating a snowmobile;
23		3.1. The person is under the influence of any
24		intoxicating compound or combination of intoxicating
25		compounds to a degree that renders the person incapable of

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1		safely operating a snowmobile;
2		4. The person is under the combined influence of
3		alcohol and any other drug or drugs or intoxicating
4		compound or compounds to a degree that renders that person
5		incapable of safely operating a snowmobile;
6		4.3. The person who is not a CDL holder has a
7		tetrahydrocannabinol concentration in the person's whole
8		blood or other bodily substance at which driving a motor
9		vehicle is prohibited under subdivision (7) of subsection
10		(a) of Section 11-501 of the Illinois Vehicle Code;
11		4.5. The person who is a CDL holder has any amount of a
12		drug, substance, or compound in the person's breath,
13		blood, other bodily substance, or urine resulting from the
14		unlawful use or consumption of cannabis listed in the
15		Cannabis Control Act; or
16		5. There is any amount of a drug, substance, or
17		compound in that person's breath, blood, other bodily
18		substance, or urine resulting from the unlawful use or
19		consumption of a controlled substance listed in the
20		Illinois Controlled Substances Act, methamphetamine as
21		listed in the Methamphetamine Control and Community
22		Protection Act, or intoxicating compound listed in the use
23		of Intoxicating Compounds Act.
24		(b) The fact that a person charged with violating this
25		Section is or has been legally entitled to use alcohol, other
26		drug or drugs, any intoxicating compound or compounds, or any

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1		combination of them does not constitute a defense against a
2		charge of violating this Section.
3		(c) Every person convicted of violating this Section or a
4		similar provision of a local ordinance is guilty of a Class A
5		misdemeanor, except as otherwise provided in this Section.
6		(c-1) As used in this Section, "first time offender" means
7		any person who has not had a previous conviction or been
8		assigned supervision for violating this Section or a similar
9		provision of a local ordinance, or any person who has not had a
10		suspension imposed under subsection (e) of Section 5-7.1.
11		(c-2) For purposes of this Section, the following are
12		equivalent to a conviction:
13		(1) a violation of the terms of pretrial release when
14		the court has not relieved the defendant of complying with
15		the terms of pretrial release; or
16		(2) the failure of a defendant to appear for trial.
17		(d) Every person convicted of violating this Section is
18		guilty of a Class 4 felony if:
19		1. The person has a previous conviction under this
20		Section;
21		2. The offense results in personal injury where a
22		person other than the operator suffers great bodily harm
23		or permanent disability or disfigurement, when the
24		violation was a proximate cause of the injuries. A person
25		guilty of a Class 4 felony under this paragraph 2, if
26		sentenced to a term of imprisonment, shall be sentenced to

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1		not less than one year nor more than 12 years; or
2		3. The offense occurred during a period in which the
3		person's privileges to operate a snowmobile are revoked or
4		suspended, and the revocation or suspension was for a
5		violation of this Section or was imposed under Section
6		5-7.1.
7		(e) Every person convicted of violating this Section is
8		guilty of a Class 2 felony if the offense results in the death
9		of a person. A person guilty of a Class 2 felony under this
10		subsection (e), if sentenced to a term of imprisonment, shall
11		be sentenced to a term of not less than 3 years and not more
12		than 14 years.
13		(e-1) Every person convicted of violating this Section or
14		a similar provision of a local ordinance who had a child under
15		the age of 16 on board the snowmobile at the time of offense
16		shall be subject to a mandatory minimum fine of $500 and shall
17		be subject to a mandatory minimum of 5 days of community
18		service in a program benefiting children. The assignment under
19		this subsection shall not be subject to suspension nor shall
20		the person be eligible for probation in order to reduce the
21		assignment.
22		(e-2) Every person found guilty of violating this Section,
23		whose operation of a snowmobile while in violation of this
24		Section proximately caused any incident resulting in an
25		appropriate emergency response, shall be liable for the
26		expense of an emergency response as provided in subsection (i)

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1		of Section 11-501.01 of the Illinois Vehicle Code.
2		(e-3) In addition to any other penalties and liabilities,
3		a person who is found guilty of violating this Section,
4		including any person placed on court supervision, shall be
5		fined $100, payable to the circuit clerk, who shall distribute
6		the money to the law enforcement agency that made the arrest or
7		as provided in subsection (c) of Section 10-5 of the Criminal
8		and Traffic Assessment Act if the arresting agency is a State
9		agency, unless more than one agency is responsible for the
10		arrest, in which case the amount shall be remitted to each unit
11		of government equally. Any moneys received by a law
12		enforcement agency under this subsection (e-3) shall be used
13		to purchase law enforcement equipment or to provide law
14		enforcement training that will assist in the prevention of
15		alcohol related criminal violence throughout the State. Law
16		enforcement equipment shall include, but is not limited to,
17		in-car video cameras, radar and laser speed detection devices,
18		and alcohol breath testers.
19		(f) In addition to any criminal penalties imposed, the
20		Department of Natural Resources shall suspend the snowmobile
21		operation privileges of a person convicted or found guilty of
22		a misdemeanor under this Section for a period of one year,
23		except that first-time offenders are exempt from this
24		mandatory one-year one year suspension.
25		(g) In addition to any criminal penalties imposed, the
26		Department of Natural Resources shall suspend for a period of

HB5501 Engrossed - 2152 - LRB102 24698 AMC 33937 b
1		5 years the snowmobile operation privileges of any person
2		convicted or found guilty of a felony under this Section.
3		(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;
4		revised 8-5-21.)
5		Section 585. The Clerks of Courts Act is amended by
6		changing Section 27.1b as follows:
7		(705 ILCS 105/27.1b)
8		(Section scheduled to be repealed on January 1, 2024)
9		Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
10		other provision of law, all fees charged by the clerks of the
11		circuit court for the services described in this Section shall
12		be established, collected, and disbursed in accordance with
13		this Section. Except as otherwise specified in this Section,
14		all fees under this Section shall be paid in advance and
15		disbursed by each clerk on a monthly basis. In a county with a
16		population of over 3,000,000, units of local government and
17		school districts shall not be required to pay fees under this
18		Section in advance and the clerk shall instead send an
19		itemized bill to the unit of local government or school
20		district, within 30 days of the fee being incurred, and the
21		unit of local government or school district shall be allowed
22		at least 30 days from the date of the itemized bill to pay;
23		these payments shall be disbursed by each clerk on a monthly
24		basis. Unless otherwise specified in this Section, the amount

HB5501 Engrossed - 2153 - LRB102 24698 AMC 33937 b
1		of a fee shall be determined by ordinance or resolution of the
2		county board and remitted to the county treasurer to be used
3		for purposes related to the operation of the court system in
4		the county. In a county with a population of over 3,000,000,
5		any amount retained by the clerk of the circuit court or
6		remitted to the county treasurer shall be subject to
7		appropriation by the county board.
8		(a) Civil cases. The fee for filing a complaint, petition,
9		or other pleading initiating a civil action shall be as set
10		forth in the applicable schedule under this subsection in
11		accordance with case categories established by the Supreme
12		Court in schedules.
13		(1) SCHEDULE 1: not to exceed a total of $366 in a
14		county with a population of 3,000,000 or more and not to
15		exceed $316 in any other county, except as applied to
16		units of local government and school districts in counties
17		with more than 3,000,000 inhabitants an amount not to
18		exceed $190 through December 31, 2021 and $184 on and
19		after January 1, 2022. The fees collected under this
20		schedule shall be disbursed as follows:
21		(A) The clerk shall retain a sum, in an amount not
22		to exceed $55 in a county with a population of
23		3,000,000 or more and in an amount not to exceed $45 in
24		any other county determined by the clerk with the
25		approval of the Supreme Court, to be used for court
26		automation, court document storage, and administrative

HB5501 Engrossed - 2154 - LRB102 24698 AMC 33937 b
1		purposes.
2		(B) The clerk shall remit up to $21 to the State
3		Treasurer. The State Treasurer shall deposit the
4		appropriate amounts, in accordance with the clerk's
5		instructions, as follows:
6		(i) up to $10, as specified by the Supreme
7		Court in accordance with Part 10A of Article II of
8		the Code of Civil Procedure, into the Mandatory
9		Arbitration Fund;
10		(ii) $2 into the Access to Justice Fund; and
11		(iii) $9 into the Supreme Court Special
12		Purposes Fund.
13		(C) The clerk shall remit a sum to the County
14		Treasurer, in an amount not to exceed $290 in a county
15		with a population of 3,000,000 or more and in an amount
16		not to exceed $250 in any other county, as specified by
17		ordinance or resolution passed by the county board,
18		for purposes related to the operation of the court
19		system in the county.
20		(2) SCHEDULE 2: not to exceed a total of $357 in a
21		county with a population of 3,000,000 or more and not to
22		exceed $266 in any other county, except as applied to
23		units of local government and school districts in counties
24		with more than 3,000,000 inhabitants an amount not to
25		exceed $190 through December 31, 2021 and $184 on and
26		after January 1, 2022. The fees collected under this

HB5501 Engrossed - 2155 - LRB102 24698 AMC 33937 b
1		schedule shall be disbursed as follows:
2		(A) The clerk shall retain a sum, in an amount not
3		to exceed $55 in a county with a population of
4		3,000,000 or more and in an amount not to exceed $45 in
5		any other county determined by the clerk with the
6		approval of the Supreme Court, to be used for court
7		automation, court document storage, and administrative
8		purposes.
9		(B) The clerk shall remit up to $21 to the State
10		Treasurer. The State Treasurer shall deposit the
11		appropriate amounts, in accordance with the clerk's
12		instructions, as follows:
13		(i) up to $10, as specified by the Supreme
14		Court in accordance with Part 10A of Article II of
15		the Code of Civil Procedure, into the Mandatory
16		Arbitration Fund;
17		(ii) $2 into the Access to Justice Fund: and
18		(iii) $9 into the Supreme Court Special
19		Purposes Fund.
20		(C) The clerk shall remit a sum to the County
21		Treasurer, in an amount not to exceed $281 in a county
22		with a population of 3,000,000 or more and in an amount
23		not to exceed $200 in any other county, as specified by
24		ordinance or resolution passed by the county board,
25		for purposes related to the operation of the court
26		system in the county.

HB5501 Engrossed - 2156 - LRB102 24698 AMC 33937 b
1		(3) SCHEDULE 3: not to exceed a total of $265 in a
2		county with a population of 3,000,000 or more and not to
3		exceed $89 in any other county, except as applied to units
4		of local government and school districts in counties with
5		more than 3,000,000 inhabitants an amount not to exceed
6		$190 through December 31, 2021 and $184 on and after
7		January 1, 2022. The fees collected under this schedule
8		shall be disbursed as follows:
9		(A) The clerk shall retain a sum, in an amount not
10		to exceed $55 in a county with a population of
11		3,000,000 or more and in an amount not to exceed $22 in
12		any other county determined by the clerk with the
13		approval of the Supreme Court, to be used for court
14		automation, court document storage, and administrative
15		purposes.
16		(B) The clerk shall remit $11 to the State
17		Treasurer. The State Treasurer shall deposit the
18		appropriate amounts in accordance with the clerk's
19		instructions, as follows:
20		(i) $2 into the Access to Justice Fund; and
21		(ii) $9 into the Supreme Court Special
22		Purposes Fund.
23		(C) The clerk shall remit a sum to the County
24		Treasurer, in an amount not to exceed $199 in a county
25		with a population of 3,000,000 or more and in an amount
26		not to exceed $56 in any other county, as specified by

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1		ordinance or resolution passed by the county board,
2		for purposes related to the operation of the court
3		system in the county.
4		(4) SCHEDULE 4: $0.
5		(b) Appearance. The fee for filing an appearance in a
6		civil action, including a cannabis civil law action under the
7		Cannabis Control Act, shall be as set forth in the applicable
8		schedule under this subsection in accordance with case
9		categories established by the Supreme Court in schedules.
10		(1) SCHEDULE 1: not to exceed a total of $230 in a
11		county with a population of 3,000,000 or more and not to
12		exceed $191 in any other county, except as applied to
13		units of local government and school districts in counties
14		with more than 3,000,000 inhabitants an amount not to
15		exceed $75. The fees collected under this schedule shall
16		be disbursed as follows:
17		(A) The clerk shall retain a sum, in an amount not
18		to exceed $50 in a county with a population of
19		3,000,000 or more and in an amount not to exceed $45 in
20		any other county determined by the clerk with the
21		approval of the Supreme Court, to be used for court
22		automation, court document storage, and administrative
23		purposes.
24		(B) The clerk shall remit up to $21 to the State
25		Treasurer. The State Treasurer shall deposit the
26		appropriate amounts, in accordance with the clerk's

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1		instructions, as follows:
2		(i) up to $10, as specified by the Supreme
3		Court in accordance with Part 10A of Article II of
4		the Code of Civil Procedure, into the Mandatory
5		Arbitration Fund;
6		(ii) $2 into the Access to Justice Fund; and
7		(iii) $9 into the Supreme Court Special
8		Purposes Fund.
9		(C) The clerk shall remit a sum to the County
10		Treasurer, in an amount not to exceed $159 in a county
11		with a population of 3,000,000 or more and in an amount
12		not to exceed $125 in any other county, as specified by
13		ordinance or resolution passed by the county board,
14		for purposes related to the operation of the court
15		system in the county.
16		(2) SCHEDULE 2: not to exceed a total of $130 in a
17		county with a population of 3,000,000 or more and not to
18		exceed $109 in any other county, except as applied to
19		units of local government and school districts in counties
20		with more than 3,000,000 inhabitants an amount not to
21		exceed $75. The fees collected under this schedule shall
22		be disbursed as follows:
23		(A) The clerk shall retain a sum, in an amount not
24		to exceed $50 in a county with a population of
25		3,000,000 or more and in an amount not to exceed $10 in
26		any other county determined by the clerk with the

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1		approval of the Supreme Court, to be used for court
2		automation, court document storage, and administrative
3		purposes.
4		(B) The clerk shall remit $9 to the State
5		Treasurer, which the State Treasurer shall deposit
6		into the Supreme Court Special Purposes Fund.
7		(C) The clerk shall remit a sum to the County
8		Treasurer, in an amount not to exceed $71 in a county
9		with a population of 3,000,000 or more and in an amount
10		not to exceed $90 in any other county, as specified by
11		ordinance or resolution passed by the county board,
12		for purposes related to the operation of the court
13		system in the county.
14		(3) SCHEDULE 3: $0.
15		(b-5) Kane County and Will County. In Kane County and Will
16		County civil cases, there is an additional fee of up to $30 as
17		set by the county board under Section 5-1101.3 of the Counties
18		Code to be paid by each party at the time of filing the first
19		pleading, paper, or other appearance; provided that no
20		additional fee shall be required if more than one party is
21		represented in a single pleading, paper, or other appearance.
22		Distribution of fees collected under this subsection (b-5)
23		shall be as provided in Section 5-1101.3 of the Counties Code.
24		(c) Counterclaim or third party complaint. When any
25		defendant files a counterclaim or third party complaint, as
26		part of the defendant's answer or otherwise, the defendant

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1		shall pay a filing fee for each counterclaim or third party
2		complaint in an amount equal to the filing fee the defendant
3		would have had to pay had the defendant brought a separate
4		action for the relief sought in the counterclaim or third
5		party complaint, less the amount of the appearance fee, if
6		any, that the defendant has already paid in the action in which
7		the counterclaim or third party complaint is filed.
8		(d) Alias summons. The clerk shall collect a fee not to
9		exceed $6 in a county with a population of 3,000,000 or more
10		and not to exceed $5 in any other county for each alias summons
11		or citation issued by the clerk, except as applied to units of
12		local government and school districts in counties with more
13		than 3,000,000 inhabitants an amount not to exceed $5 for each
14		alias summons or citation issued by the clerk.
15		(e) Jury services. The clerk shall collect, in addition to
16		other fees allowed by law, a sum not to exceed $212.50, as a
17		fee for the services of a jury in every civil action not
18		quasi-criminal in its nature and not a proceeding for the
19		exercise of the right of eminent domain and in every other
20		action wherein the right of trial by jury is or may be given by
21		law. The jury fee shall be paid by the party demanding a jury
22		at the time of filing the jury demand. If the fee is not paid
23		by either party, no jury shall be called in the action or
24		proceeding, and the action or proceeding shall be tried by the
25		court without a jury.
26		(f) Change of venue. In connection with a change of venue:

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1		(1) The clerk of the jurisdiction from which the case
2		is transferred may charge a fee, not to exceed $40, for the
3		preparation and certification of the record; and
4		(2) The clerk of the jurisdiction to which the case is
5		transferred may charge the same filing fee as if it were
6		the commencement of a new suit.
7		(g) Petition to vacate or modify.
8		(1) In a proceeding involving a petition to vacate or
9		modify any final judgment or order filed within 30 days
10		after the judgment or order was entered, except for an
11		eviction case, small claims case, petition to reopen an
12		estate, petition to modify, terminate, or enforce a
13		judgment or order for child or spousal support, or
14		petition to modify, suspend, or terminate an order for
15		withholding, the fee shall not exceed $60 in a county with
16		a population of 3,000,000 or more and shall not exceed $50
17		in any other county, except as applied to units of local
18		government and school districts in counties with more than
19		3,000,000 inhabitants an amount not to exceed $50.
20		(2) In a proceeding involving a petition to vacate or
21		modify any final judgment or order filed more than 30 days
22		after the judgment or order was entered, except for a
23		petition to modify, terminate, or enforce a judgment or
24		order for child or spousal support, or petition to modify,
25		suspend, or terminate an order for withholding, the fee
26		shall not exceed $75.

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1		(3) In a proceeding involving a motion to vacate or
2		amend a final order, motion to vacate an ex parte
3		judgment, judgment of forfeiture, or "failure to appear"
4		or "failure to comply" notices sent to the Secretary of
5		State, the fee shall equal $40.
6		(h) Appeals preparation. The fee for preparation of a
7		record on appeal shall be based on the number of pages, as
8		follows:
9		(1) if the record contains no more than 100 pages, the
10		fee shall not exceed $70 in a county with a population of
11		3,000,000 or more and shall not exceed $50 in any other
12		county;
13		(2) if the record contains between 100 and 200 pages,
14		the fee shall not exceed $100; and
15		(3) if the record contains 200 or more pages, the
16		clerk may collect an additional fee not to exceed 25 cents
17		per page.
18		(i) Remands. In any cases remanded to the circuit court
19		from the Supreme Court or the appellate court for a new trial,
20		the clerk shall reinstate the case with either its original
21		number or a new number. The clerk shall not charge any new or
22		additional fee for the reinstatement. Upon reinstatement, the
23		clerk shall advise the parties of the reinstatement. Parties
24		shall have the same right to a jury trial on remand and
25		reinstatement that they had before the appeal, and no
26		additional or new fee or charge shall be made for a jury trial

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1		after remand.
2		(j) Garnishment, wage deduction, and citation. In
3		garnishment affidavit, wage deduction affidavit, and citation
4		petition proceedings:
5		(1) if the amount in controversy in the proceeding is
6		not more than $1,000, the fee may not exceed $35 in a
7		county with a population of 3,000,000 or more and may not
8		exceed $15 in any other county, except as applied to units
9		of local government and school districts in counties with
10		more than 3,000,000 inhabitants an amount not to exceed
11		$15;
12		(2) if the amount in controversy in the proceeding is
13		greater than $1,000 and not more than $5,000, the fee may
14		not exceed $45 in a county with a population of 3,000,000
15		or more and may not exceed $30 in any other county, except
16		as applied to units of local government and school
17		districts in counties with more than 3,000,000 inhabitants
18		an amount not to exceed $30; and
19		(3) if the amount in controversy in the proceeding is
20		greater than $5,000, the fee may not exceed $65 in a county
21		with a population of 3,000,000 or more and may not exceed
22		$50 in any other county, except as applied to units of
23		local government and school districts in counties with
24		more than 3,000,000 inhabitants an amount not to exceed
25		$50.
26		(j-5) Debt collection. In any proceeding to collect a debt

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1		subject to the exception in item (ii) of subparagraph (A-5) of
2		paragraph (1) of subsection (z) of this Section, the circuit
3		court shall order and the clerk shall collect from each
4		judgment debtor a fee of:
5		(1) $35 if the amount in controversy in the proceeding
6		is not more than $1,000;
7		(2) $45 if the amount in controversy in the proceeding
8		is greater than $1,000 and not more than $5,000; and
9		(3) $65 if the amount in controversy in the proceeding
10		is greater than $5,000.
11		(k) Collections.
12		(1) For all collections made of others, except the
13		State and county and except in maintenance or child
14		support cases, the clerk may collect a fee of up to 2.5% of
15		the amount collected and turned over.
16		(2) In child support and maintenance cases, the clerk
17		may collect an annual fee of up to $36 from the person
18		making payment for maintaining child support records and
19		the processing of support orders to the State of Illinois
20		KIDS system and the recording of payments issued by the
21		State Disbursement Unit for the official record of the
22		Court. This fee is in addition to and separate from
23		amounts ordered to be paid as maintenance or child support
24		and shall be deposited into a Separate Maintenance and
25		Child Support Collection Fund, of which the clerk shall be
26		the custodian, ex officio, to be used by the clerk to

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1		maintain child support orders and record all payments
2		issued by the State Disbursement Unit for the official
3		record of the Court. The clerk may recover from the person
4		making the maintenance or child support payment any
5		additional cost incurred in the collection of this annual
6		fee.
7		(3) The clerk may collect a fee of $5 for
8		certifications made to the Secretary of State as provided
9		in Section 7-703 of the Illinois Vehicle Code, and this
10		fee shall be deposited into the Separate Maintenance and
11		Child Support Collection Fund.
12		(4) In proceedings to foreclose the lien of delinquent
13		real estate taxes, State's Attorneys shall receive a fee
14		of 10% of the total amount realized from the sale of real
15		estate sold in the proceedings. The clerk shall collect
16		the fee from the total amount realized from the sale of the
17		real estate sold in the proceedings and remit to the
18		County Treasurer to be credited to the earnings of the
19		Office of the State's Attorney.
20		(l) Mailing. The fee for the clerk mailing documents shall
21		not exceed $10 plus the cost of postage.
22		(m) Certified copies. The fee for each certified copy of a
23		judgment, after the first copy, shall not exceed $10.
24		(n) Certification, authentication, and reproduction.
25		(1) The fee for each certification or authentication
26		for taking the acknowledgment of a deed or other

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1		instrument in writing with the seal of office shall not
2		exceed $6.
3		(2) The fee for reproduction of any document contained
4		in the clerk's files shall not exceed:
5		(A) $2 for the first page;
6		(B) 50 cents per page for the next 19 pages; and
7		(C) 25 cents per page for all additional pages.
8		(o) Record search. For each record search, within a
9		division or municipal district, the clerk may collect a search
10		fee not to exceed $6 for each year searched.
11		(p) Hard copy. For each page of hard copy print output,
12		when case records are maintained on an automated medium, the
13		clerk may collect a fee not to exceed $10 in a county with a
14		population of 3,000,000 or more and not to exceed $6 in any
15		other county, except as applied to units of local government
16		and school districts in counties with more than 3,000,000
17		inhabitants an amount not to exceed $6.
18		(q) Index inquiry and other records. No fee shall be
19		charged for a single plaintiff and defendant index inquiry or
20		single case record inquiry when this request is made in person
21		and the records are maintained in a current automated medium,
22		and when no hard copy print output is requested. The fees to be
23		charged for management records, multiple case records, and
24		multiple journal records may be specified by the Chief Judge
25		pursuant to the guidelines for access and dissemination of
26		information approved by the Supreme Court.

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1		(r) Performing a marriage. There shall be a $10 fee for
2		performing a marriage in court.
3		(s) Voluntary assignment. For filing each deed of
4		voluntary assignment, the clerk shall collect a fee not to
5		exceed $20. For recording a deed of voluntary assignment, the
6		clerk shall collect a fee not to exceed 50 cents for each 100
7		words. Exceptions filed to claims presented to an assignee of
8		a debtor who has made a voluntary assignment for the benefit of
9		creditors shall be considered and treated, for the purpose of
10		taxing costs therein, as actions in which the party or parties
11		filing the exceptions shall be considered as party or parties
12		plaintiff, and the claimant or claimants as party or parties
13		defendant, and those parties respectively shall pay to the
14		clerk the same fees as provided by this Section to be paid in
15		other actions.
16		(t) Expungement petition. The clerk may collect a fee not
17		to exceed $60 for each expungement petition filed and an
18		additional fee not to exceed $4 for each certified copy of an
19		order to expunge arrest records.
20		(u) Transcripts of judgment. For the filing of a
21		transcript of judgment, the clerk may collect the same fee as
22		if it were the commencement of a new suit.
23		(v) Probate filings.
24		(1) For each account (other than one final account)
25		filed in the estate of a decedent, or ward, the fee shall
26		not exceed $25.

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1		(2) For filing a claim in an estate when the amount
2		claimed is greater than $150 and not more than $500, the
3		fee shall not exceed $40 in a county with a population of
4		3,000,000 or more and shall not exceed $25 in any other
5		county; when the amount claimed is greater than $500 and
6		not more than $10,000, the fee shall not exceed $55 in a
7		county with a population of 3,000,000 or more and shall
8		not exceed $40 in any other county; and when the amount
9		claimed is more than $10,000, the fee shall not exceed $75
10		in a county with a population of 3,000,000 or more and
11		shall not exceed $60 in any other county; except the court
12		in allowing a claim may add to the amount allowed the
13		filing fee paid by the claimant.
14		(3) For filing in an estate a claim, petition, or
15		supplemental proceeding based upon an action seeking
16		equitable relief including the construction or contest of
17		a will, enforcement of a contract to make a will, and
18		proceedings involving testamentary trusts or the
19		appointment of testamentary trustees, the fee shall not
20		exceed $60.
21		(4) There shall be no fee for filing in an estate: (i)
22		the appearance of any person for the purpose of consent;
23		or (ii) the appearance of an executor, administrator,
24		administrator to collect, guardian, guardian ad litem, or
25		special administrator.
26		(5) For each jury demand, the fee shall not exceed

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1		$137.50.
2		(6) For each certified copy of letters of office, of
3		court order, or other certification, the fee shall not
4		exceed $2 per page.
5		(7) For each exemplification, the fee shall not exceed
6		$2, plus the fee for certification.
7		(8) The executor, administrator, guardian, petitioner,
8		or other interested person or his or her attorney shall
9		pay the cost of publication by the clerk directly to the
10		newspaper.
11		(9) The person on whose behalf a charge is incurred
12		for witness, court reporter, appraiser, or other
13		miscellaneous fees shall pay the same directly to the
14		person entitled thereto.
15		(10) The executor, administrator, guardian,
16		petitioner, or other interested person or his or her
17		attorney shall pay to the clerk all postage charges
18		incurred by the clerk in mailing petitions, orders,
19		notices, or other documents pursuant to the provisions of
20		the Probate Act of 1975.
21		(w) Corrections of numbers. For correction of the case
22		number, case title, or attorney computer identification
23		number, if required by rule of court, on any document filed in
24		the clerk's office, to be charged against the party that filed
25		the document, the fee shall not exceed $25.
26		(x) Miscellaneous.

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1		(1) Interest earned on any fees collected by the clerk
2		shall be turned over to the county general fund as an
3		earning of the office.
4		(2) For any check, draft, or other bank instrument
5		returned to the clerk for non-sufficient funds, account
6		closed, or payment stopped, the clerk shall collect a fee
7		of $25.
8		(y) Other fees. Any fees not covered in this Section shall
9		be set by rule or administrative order of the circuit court
10		with the approval of the Administrative Office of the Illinois
11		Courts. The clerk of the circuit court may provide services in
12		connection with the operation of the clerk's office, other
13		than those services mentioned in this Section, as may be
14		requested by the public and agreed to by the clerk and approved
15		by the Chief Judge. Any charges for additional services shall
16		be as agreed to between the clerk and the party making the
17		request and approved by the Chief Judge. Nothing in this
18		subsection shall be construed to require any clerk to provide
19		any service not otherwise required by law.
20		(y-5) Unpaid fees. Unless a court ordered payment schedule
21		is implemented or the fee requirements of this Section are
22		waived under a court order, the clerk of the circuit court may
23		add to any unpaid fees and costs under this Section a
24		delinquency amount equal to 5% of the unpaid fees that remain
25		unpaid after 30 days, 10% of the unpaid fees that remain unpaid
26		after 60 days, and 15% of the unpaid fees that remain unpaid

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1		after 90 days. Notice to those parties may be made by signage
2		posting or publication. The additional delinquency amounts
3		collected under this Section shall be deposited into the
4		Circuit Court Clerk Operations and Administration Fund and
5		used to defray additional administrative costs incurred by the
6		clerk of the circuit court in collecting unpaid fees and
7		costs.
8		(z) Exceptions.
9		(1) No fee authorized by this Section shall apply to:
10		(A) police departments or other law enforcement
11		agencies. In this Section, "law enforcement agency"
12		means: an agency of the State or agency of a unit of
13		local government which is vested by law or ordinance
14		with the duty to maintain public order and to enforce
15		criminal laws or ordinances; the Attorney General; or
16		any State's Attorney;
17		(A-5) any unit of local government or school
18		district, except in counties having a population of
19		500,000 or more the county board may by resolution set
20		fees for units of local government or school districts
21		no greater than the minimum fees applicable in
22		counties with a population less than 3,000,000;
23		provided however, no fee may be charged to any unit of
24		local government or school district in connection with
25		any action which, in whole or in part, is: (i) to
26		enforce an ordinance; (ii) to collect a debt; or (iii)

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1		under the Administrative Review Law;
2		(B) any action instituted by the corporate
3		authority of a municipality with more than 1,000,000
4		inhabitants under Section 11-31-1 of the Illinois
5		Municipal Code and any action instituted under
6		subsection (b) of Section 11-31-1 of the Illinois
7		Municipal Code by a private owner or tenant of real
8		property within 1,200 feet of a dangerous or unsafe
9		building seeking an order compelling the owner or
10		owners of the building to take any of the actions
11		authorized under that subsection;
12		(C) any commitment petition or petition for an
13		order authorizing the administration of psychotropic
14		medication or electroconvulsive therapy under the
15		Mental Health and Developmental Disabilities Code;
16		(D) a petitioner in any order of protection
17		proceeding, including, but not limited to, fees for
18		filing, modifying, withdrawing, certifying, or
19		photocopying petitions for orders of protection,
20		issuing alias summons, any related filing service, or
21		certifying, modifying, vacating, or photocopying any
22		orders of protection; or
23		(E) proceedings for the appointment of a
24		confidential intermediary under the Adoption Act.
25		(2) No fee other than the filing fee contained in the
26		applicable schedule in subsection (a) shall be charged to

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1		any person in connection with an adoption proceeding.
2		(3) Upon good cause shown, the court may waive any
3		fees associated with a special needs adoption. The term
4		"special needs adoption" has the meaning provided by the
5		Illinois Department of Children and Family Services.
6		(aa) This Section is repealed on January 1, 2024.
7		(Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
8		102-278, eff. 8-6-21; 102-558, eff. 8-20-21; revised
9		10-13-21.)
10		Section 590. The Criminal and Traffic Assessment Act is
11		amended by changing Section 15-70 as follows:
12		(705 ILCS 135/15-70)
13		(Section scheduled to be repealed on January 1, 2024)
14		Sec. 15-70. Conditional assessments. In addition to
15		payments under one of the Schedule of Assessments 1 through 13
16		of this Act, the court shall also order payment of any of the
17		following conditional assessment amounts for each sentenced
18		violation in the case to which a conditional assessment is
19		applicable, which shall be collected and remitted by the Clerk
20		of the Circuit Court as provided in this Section:
21		(1) arson, residential arson, or aggravated arson,
22		$500 per conviction to the State Treasurer for deposit
23		into the Fire Prevention Fund;
24		(2) child pornography under Section 11-20.1 of the

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1		Criminal Code of 1961 or the Criminal Code of 2012, $500
2		per conviction, unless more than one agency is responsible
3		for the arrest in which case the amount shall be remitted
4		to each unit of government equally:
5		(A) if the arresting agency is an agency of a unit
6		of local government, $500 to the treasurer of the unit
7		of local government for deposit into the unit of local
8		government's General Fund, except that if the Illinois
9		State Police provides digital or electronic forensic
10		examination assistance, or both, to the arresting
11		agency then $100 to the State Treasurer for deposit
12		into the State Crime Laboratory Fund; or
13		(B) if the arresting agency is the Illinois State
14		Police, $500 to the State Treasurer for deposit into
15		the State Crime Laboratory Fund;
16		(3) crime laboratory drug analysis for a drug-related
17		offense involving possession or delivery of cannabis or
18		possession or delivery of a controlled substance as
19		defined in the Cannabis Control Act, the Illinois
20		Controlled Substances Act, or the Methamphetamine Control
21		and Community Protection Act, $100 reimbursement for
22		laboratory analysis, as set forth in subsection (f) of
23		Section 5-9-1.4 of the Unified Code of Corrections;
24		(4) DNA analysis, $250 on each conviction in which it
25		was used to the State Treasurer for deposit into the State
26		Crime Laboratory Fund as set forth in Section 5-9-1.4 of

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1		the Unified Code of Corrections;
2		(5) DUI analysis, $150 on each sentenced violation in
3		which it was used as set forth in subsection (f) of Section
4		5-9-1.9 of the Unified Code of Corrections;
5		(6) drug-related offense involving possession or
6		delivery of cannabis or possession or delivery of a
7		controlled substance, other than methamphetamine, as
8		defined in the Cannabis Control Act or the Illinois
9		Controlled Substances Act, an amount not less than the
10		full street value of the cannabis or controlled substance
11		seized for each conviction to be disbursed as follows:
12		(A) 12.5% of the street value assessment shall be
13		paid into the Youth Drug Abuse Prevention Fund, to be
14		used by the Department of Human Services for the
15		funding of programs and services for drug-abuse
16		treatment, and prevention and education services;
17		(B) 37.5% to the county in which the charge was
18		prosecuted, to be deposited into the county General
19		Fund;
20		(C) 50% to the treasurer of the arresting law
21		enforcement agency of the municipality or county, or
22		to the State Treasurer if the arresting agency was a
23		state agency, to be deposited as provided in
24		subsection (c) of Section 10-5;
25		(D) if the arrest was made in combination with
26		multiple law enforcement agencies, the clerk shall

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1		equitably allocate the portion in subparagraph (C) of
2		this paragraph (6) among the law enforcement agencies
3		involved in the arrest;
4		(6.5) Kane County or Will County, in felony,
5		misdemeanor, local or county ordinance, traffic, or
6		conservation cases, up to $30 as set by the county board
7		under Section 5-1101.3 of the Counties Code upon the entry
8		of a judgment of conviction, an order of supervision, or a
9		sentence of probation without entry of judgment under
10		Section 10 of the Cannabis Control Act, Section 410 of the
11		Illinois Controlled Substances Act, Section 70 of the
12		Methamphetamine Control and Community Protection Act,
13		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
14		the Criminal Code of 1961 or the Criminal Code of 2012,
15		Section 10-102 of the Illinois Alcoholism and Other Drug
16		Dependency Act, or Section 10 of the Steroid Control Act;
17		except in local or county ordinance, traffic, and
18		conservation cases, if fines are paid in full without a
19		court appearance, then the assessment shall not be imposed
20		or collected. Distribution of assessments collected under
21		this paragraph (6.5) shall be as provided in Section
22		5-1101.3 of the Counties Code;
23		(7) methamphetamine-related offense involving
24		possession or delivery of methamphetamine or any salt of
25		an optical isomer of methamphetamine or possession of a
26		methamphetamine manufacturing material as set forth in

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1		Section 10 of the Methamphetamine Control and Community
2		Protection Act with the intent to manufacture a substance
3		containing methamphetamine or salt of an optical isomer of
4		methamphetamine, an amount not less than the full street
5		value of the methamphetamine or salt of an optical isomer
6		of methamphetamine or methamphetamine manufacturing
7		materials seized for each conviction to be disbursed as
8		follows:
9		(A) 12.5% of the street value assessment shall be
10		paid into the Youth Drug Abuse Prevention Fund, to be
11		used by the Department of Human Services for the
12		funding of programs and services for drug-abuse
13		treatment, and prevention and education services;
14		(B) 37.5% to the county in which the charge was
15		prosecuted, to be deposited into the county General
16		Fund;
17		(C) 50% to the treasurer of the arresting law
18		enforcement agency of the municipality or county, or
19		to the State Treasurer if the arresting agency was a
20		state agency, to be deposited as provided in
21		subsection (c) of Section 10-5;
22		(D) if the arrest was made in combination with
23		multiple law enforcement agencies, the clerk shall
24		equitably allocate the portion in subparagraph (C) of
25		this paragraph (6) among the law enforcement agencies
26		involved in the arrest;

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1		(8) order of protection violation under Section 12-3.4
2		of the Criminal Code of 2012, $200 for each conviction to
3		the county treasurer for deposit into the Probation and
4		Court Services Fund for implementation of a domestic
5		violence surveillance program and any other assessments or
6		fees imposed under Section 5-9-1.16 of the Unified Code of
7		Corrections;
8		(9) order of protection violation, $25 for each
9		violation to the State Treasurer, for deposit into the
10		Domestic Violence Abuser Services Fund;
11		(10) prosecution by the State's Attorney of a:
12		(A) petty or business offense, $4 to the county
13		treasurer of which $2 deposited into the State's
14		Attorney Records Automation Fund and $2 into the
15		Public Defender Records Automation Fund;
16		(B) conservation or traffic offense, $2 to the
17		county treasurer for deposit into the State's Attorney
18		Records Automation Fund;
19		(11) speeding in a construction zone violation, $250
20		to the State Treasurer for deposit into the Transportation
21		Safety Highway Hire-back Fund, unless (i) the violation
22		occurred on a highway other than an interstate highway and
23		(ii) a county police officer wrote the ticket for the
24		violation, in which case to the county treasurer for
25		deposit into that county's Transportation Safety Highway
26		Hire-back Fund;

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1		(12) supervision disposition on an offense under the
2		Illinois Vehicle Code or similar provision of a local
3		ordinance, 50 cents, unless waived by the court, into the
4		Prisoner Review Board Vehicle and Equipment Fund;
5		(13) victim and offender are family or household
6		members as defined in Section 103 of the Illinois Domestic
7		Violence Act of 1986 and offender pleads guilty or no
8		contest to or is convicted of murder, voluntary
9		manslaughter, involuntary manslaughter, burglary,
10		residential burglary, criminal trespass to residence,
11		criminal trespass to vehicle, criminal trespass to land,
12		criminal damage to property, telephone harassment,
13		kidnapping, aggravated kidnaping, unlawful restraint,
14		forcible detention, child abduction, indecent solicitation
15		of a child, sexual relations between siblings,
16		exploitation of a child, child pornography, assault,
17		aggravated assault, battery, aggravated battery, heinous
18		battery, aggravated battery of a child, domestic battery,
19		reckless conduct, intimidation, criminal sexual assault,
20		predatory criminal sexual assault of a child, aggravated
21		criminal sexual assault, criminal sexual abuse, aggravated
22		criminal sexual abuse, violation of an order of
23		protection, disorderly conduct, endangering the life or
24		health of a child, child abandonment, contributing to
25		dependency or neglect of child, or cruelty to children and
26		others, $200 for each sentenced violation to the State

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1		Treasurer for deposit as follows: (i) for sexual assault,
2		as defined in Section 5-9-1.7 of the Unified Code of
3		Corrections, when the offender and victim are family
4		members, one-half to the Domestic Violence Shelter and
5		Service Fund, and one-half to the Sexual Assault Services
6		Fund; (ii) for the remaining offenses to the Domestic
7		Violence Shelter and Service Fund;
8		(14) violation of Section 11-501 of the Illinois
9		Vehicle Code, Section 5-7 of the Snowmobile Registration
10		and Safety Act, Section 5-16 of the Boat Registration and
11		Safety Act, or a similar provision, whose operation of a
12		motor vehicle, snowmobile, or watercraft while in
13		violation of Section 11-501, Section 5-7 of the Snowmobile
14		Registration and Safety Act, Section 5-16 of the Boat
15		Registration and Safety Act, or a similar provision
16		proximately caused an incident resulting in an appropriate
17		emergency response, $1,000 maximum to the public agency
18		that provided an emergency response related to the
19		person's violation, or as provided in subsection (c) of
20		Section 10-5 if the arresting agency was a State agency,
21		unless more than one agency was responsible for the
22		arrest, in which case the amount shall be remitted to each
23		unit of government equally;
24		(15) violation of Section 401, 407, or 407.2 of the
25		Illinois Controlled Substances Act that proximately caused
26		any incident resulting in an appropriate drug-related

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1		emergency response, $1,000 as reimbursement for the
2		emergency response to the law enforcement agency that made
3		the arrest, or as provided in subsection (c) of Section
4		10-5 if the arresting agency was a State agency, unless
5		more than one agency was responsible for the arrest, in
6		which case the amount shall be remitted to each unit of
7		government equally;
8		(16) violation of reckless driving, aggravated
9		reckless driving, or driving 26 miles per hour or more in
10		excess of the speed limit that triggered an emergency
11		response, $1,000 maximum reimbursement for the emergency
12		response to be distributed in its entirety to a public
13		agency that provided an emergency response related to the
14		person's violation, or as provided in subsection (c) of
15		Section 10-5 if the arresting agency was a State agency,
16		unless more than one agency was responsible for the
17		arrest, in which case the amount shall be remitted to each
18		unit of government equally;
19		(17) violation based upon each plea of guilty,
20		stipulation of facts, or finding of guilt resulting in a
21		judgment of conviction or order of supervision for an
22		offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
23		the Criminal Code of 2012 that results in the imposition
24		of a fine, to be distributed as follows:
25		(A) $50 to the county treasurer for deposit into
26		the Circuit Court Clerk Operation and Administrative

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1		Fund to cover the costs in administering this
2		paragraph (17);
3		(B) $300 to the State Treasurer who shall deposit
4		the portion as follows:
5		(i) if the arresting or investigating agency
6		is the Illinois State Police, into the State
7		Police Law Enforcement Administration Fund;
8		(ii) if the arresting or investigating agency
9		is the Department of Natural Resources, into the
10		Conservation Police Operations Assistance Fund;
11		(iii) if the arresting or investigating agency
12		is the Secretary of State, into the Secretary of
13		State Police Services Fund;
14		(iv) if the arresting or investigating agency
15		is the Illinois Commerce Commission, into the
16		Transportation Regulatory Fund; or
17		(v) if more than one of the State agencies in
18		this subparagraph (B) is the arresting or
19		investigating agency, then equal shares with the
20		shares deposited as provided in the applicable
21		items (i) through (iv) of this subparagraph (B);
22		and
23		(C) the remainder for deposit into the Specialized
24		Services for Survivors of Human Trafficking Fund;
25		(18) weapons violation under Section 24-1.1, 24-1.2,
26		or 24-1.5 of the Criminal Code of 1961 or the Criminal Code

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1		of 2012, $100 for each conviction to the State Treasurer
2		for deposit into the Trauma Center Fund; and
3		(19) violation of subsection (c) of Section 11-907 of
4		the Illinois Vehicle Code, $250 to the State Treasurer for
5		deposit into the Scott's Law Fund, unless a county or
6		municipal police officer wrote the ticket for the
7		violation, in which case to the county treasurer for
8		deposit into that county's or municipality's
9		Transportation Safety Highway Hire-back Fund to be used as
10		provided in subsection (j) of Section 11-907 of the
11		Illinois Vehicle Code.
12		(Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;
13		102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
14		8-20-21; revised 10-13-21.)
15		Section 595. The Juvenile Court Act of 1987 is amended by
16		setting forth and renumbering multiple versions of Section
17		1-4.2 and by changing Sections 1-7, 1-8, 2-10, 2-28, 5-501,
18		and 5-901 as follows:
19		(705 ILCS 405/1-4.2)
20		Sec. 1-4.2. Trauma-sensitive transport.
21		(a) The Department of Children and Family Services shall
22		ensure the provision of trauma-sensitive transport to minors
23		placed in its care in accordance with this Act.
24		Notwithstanding any other law to the contrary, no minor shall

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1		be subjected to restraints, as defined in Section 4e of the
2		Children and Family Services Act, during the provision of any
3		transportation services provided or arranged by the Department
4		of Children and Family Services or its contractual assigns.
5		(b) The Department of Children and Family Services'
6		application to the court for approval of an individualized
7		trauma-sensitive transportation plan must include a copy of
8		the plan developed in accordance with Section 4e of the
9		Children and Family Services Act and the written approval of
10		the Department as required by paragraph (2) of subsection (e)
11		of Section 4e of the Children and Family Services Act.
12		(c) When considering whether to approve the individualized
13		trauma-sensitive transportation plan, the court shall consider
14		the minor's best interest and the following additional
15		factors: the reason for the transport, the type of placement
16		the minor is being transported from and to, the anticipated
17		length of travel, the clinical needs of the minor, including
18		any medical or emotional needs, any available less restrictive
19		alternatives, and any other factor the court deems relevant.
20		The court may require amendments to the minor's
21		trauma-sensitive individualized transportation plan based on
22		written findings of fact that the plan, as written, is not in
23		the minor's best interest.
24		(Source: P.A. 102-649, eff. 8-27-21.)
25		(705 ILCS 405/1-4.3)

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1		Sec. 1-4.3 1-4.2. Special immigrant minor.
2		(a) The court hearing a case under this Act has
3		jurisdiction to make the findings necessary to enable a minor
4		who has been adjudicated a ward of the court to petition the
5		United States Citizenship and Immigration Services for
6		classification as a special immigrant juvenile under 8 U.S.C.
7		1101(a)(27)(J). A minor for whom the court finds under
8		subsection (b) shall remain under the jurisdiction of the
9		court until his or her special immigrant juvenile petition is
10		filed with the United States Citizenship and Immigration
11		Services, or its successor agency.
12		(b) If a motion requests findings regarding Special
13		Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and
14		the evidence, which may consist solely of, but is not limited
15		to, a declaration of the minor, supports the findings, the
16		court shall issue an order that includes the following
17		findings:
18		(1) the minor is:
19		(i) declared a dependent of the court; or
20		(ii) legally committed to, or placed under the
21		custody of, a State agency or department, or an
22		individual or entity appointed by the court;
23		(2) that reunification of the minor with one or both
24		of the minor's parents is not viable due to abuse,
25		neglect, abandonment, or other similar basis; and
26		(3) that it is not in the best interest of the minor to

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1		be returned to the minor's or parent's previous country of
2		nationality or last habitual residence.
3		(c) For purposes of this Section:
4		"Abandonment" means, but is not limited to, the failure of
5		a parent or legal guardian to maintain a reasonable degree of
6		interest, concern, or responsibility for the welfare of his or
7		her minor child or ward. "Abandonment" includes the definition
8		of "dependency" provided in Section 2-4.
9		"Abuse" has the meaning provided in Section 2-3.
10		"Neglect" has the meaning provided in Section 2-3.
11		(Source: P.A. 102-259, eff. 8-6-21; revised 11-18-21.)
12		(705 ILCS 405/1-7)
13		(Text of Section before amendment by P.A. 101-652)
14		Sec. 1-7. Confidentiality of juvenile law enforcement and
15		municipal ordinance violation records.
16		(A) All juvenile law enforcement records which have not
17		been expunged are confidential and may never be disclosed to
18		the general public or otherwise made widely available.
19		Juvenile law enforcement records may be obtained only under
20		this Section and Section 1-8 and Part 9 of Article V of this
21		Act, when their use is needed for good cause and with an order
22		from the juvenile court, as required by those not authorized
23		to retain them. Inspection, copying, and disclosure of
24		juvenile law enforcement records maintained by law enforcement
25		agencies or records of municipal ordinance violations

HB5501 Engrossed - 2187 - LRB102 24698 AMC 33937 b
1		maintained by any State, local, or municipal agency that
2		relate to a minor who has been investigated, arrested, or
3		taken into custody before his or her 18th birthday shall be
4		restricted to the following:
5		(0.05) The minor who is the subject of the juvenile
6		law enforcement record, his or her parents, guardian, and
7		counsel.
8		(0.10) Judges of the circuit court and members of the
9		staff of the court designated by the judge.
10		(0.15) An administrative adjudication hearing officer
11		or members of the staff designated to assist in the
12		administrative adjudication process.
13		(1) Any local, State, or federal law enforcement
14		officers or designated law enforcement staff of any
15		jurisdiction or agency when necessary for the discharge of
16		their official duties during the investigation or
17		prosecution of a crime or relating to a minor who has been
18		adjudicated delinquent and there has been a previous
19		finding that the act which constitutes the previous
20		offense was committed in furtherance of criminal
21		activities by a criminal street gang, or, when necessary
22		for the discharge of its official duties in connection
23		with a particular investigation of the conduct of a law
24		enforcement officer, an independent agency or its staff
25		created by ordinance and charged by a unit of local
26		government with the duty of investigating the conduct of

HB5501 Engrossed - 2188 - LRB102 24698 AMC 33937 b
1		law enforcement officers. For purposes of this Section,
2		"criminal street gang" has the meaning ascribed to it in
3		Section 10 of the Illinois Streetgang Terrorism Omnibus
4		Prevention Act.
5		(2) Prosecutors, public defenders, probation officers,
6		social workers, or other individuals assigned by the court
7		to conduct a pre-adjudication or pre-disposition
8		investigation, and individuals responsible for supervising
9		or providing temporary or permanent care and custody for
10		minors under the order of the juvenile court, when
11		essential to performing their responsibilities.
12		(3) Federal, State, or local prosecutors, public
13		defenders, probation officers, and designated staff:
14		(a) in the course of a trial when institution of
15		criminal proceedings has been permitted or required
16		under Section 5-805;
17		(b) when institution of criminal proceedings has
18		been permitted or required under Section 5-805 and the
19		minor is the subject of a proceeding to determine the
20		amount of bail;
21		(c) when criminal proceedings have been permitted
22		or required under Section 5-805 and the minor is the
23		subject of a pre-trial investigation, pre-sentence
24		investigation, fitness hearing, or proceedings on an
25		application for probation; or
26		(d) in the course of prosecution or administrative

HB5501 Engrossed - 2189 - LRB102 24698 AMC 33937 b
1		adjudication of a violation of a traffic, boating, or
2		fish and game law, or a county or municipal ordinance.
3		(4) Adult and Juvenile Prisoner Review Board.
4		(5) Authorized military personnel.
5		(5.5) Employees of the federal government authorized
6		by law.
7		(6) Persons engaged in bona fide research, with the
8		permission of the Presiding Judge and the chief executive
9		of the respective law enforcement agency; provided that
10		publication of such research results in no disclosure of a
11		minor's identity and protects the confidentiality of the
12		minor's record.
13		(7) Department of Children and Family Services child
14		protection investigators acting in their official
15		capacity.
16		(8) The appropriate school official only if the agency
17		or officer believes that there is an imminent threat of
18		physical harm to students, school personnel, or others who
19		are present in the school or on school grounds.
20		(A) Inspection and copying shall be limited to
21		juvenile law enforcement records transmitted to the
22		appropriate school official or officials whom the
23		school has determined to have a legitimate educational
24		or safety interest by a local law enforcement agency
25		under a reciprocal reporting system established and
26		maintained between the school district and the local

HB5501 Engrossed - 2190 - LRB102 24698 AMC 33937 b
1		law enforcement agency under Section 10-20.14 of the
2		School Code concerning a minor enrolled in a school
3		within the school district who has been arrested or
4		taken into custody for any of the following offenses:
5		(i) any violation of Article 24 of the
6		Criminal Code of 1961 or the Criminal Code of
7		2012;
8		(ii) a violation of the Illinois Controlled
9		Substances Act;
10		(iii) a violation of the Cannabis Control Act;
11		(iv) a forcible felony as defined in Section
12		2-8 of the Criminal Code of 1961 or the Criminal
13		Code of 2012;
14		(v) a violation of the Methamphetamine Control
15		and Community Protection Act;
16		(vi) a violation of Section 1-2 of the
17		Harassing and Obscene Communications Act;
18		(vii) a violation of the Hazing Act; or
19		(viii) a violation of Section 12-1, 12-2,
20		12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
21		12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
22		Criminal Code of 1961 or the Criminal Code of
23		2012.
24		The information derived from the juvenile law
25		enforcement records shall be kept separate from and
26		shall not become a part of the official school record

HB5501 Engrossed - 2191 - LRB102 24698 AMC 33937 b
1		of that child and shall not be a public record. The
2		information shall be used solely by the appropriate
3		school official or officials whom the school has
4		determined to have a legitimate educational or safety
5		interest to aid in the proper rehabilitation of the
6		child and to protect the safety of students and
7		employees in the school. If the designated law
8		enforcement and school officials deem it to be in the
9		best interest of the minor, the student may be
10		referred to in-school or community-based social
11		services if those services are available.
12		"Rehabilitation services" may include interventions by
13		school support personnel, evaluation for eligibility
14		for special education, referrals to community-based
15		agencies such as youth services, behavioral healthcare
16		service providers, drug and alcohol prevention or
17		treatment programs, and other interventions as deemed
18		appropriate for the student.
19		(B) Any information provided to appropriate school
20		officials whom the school has determined to have a
21		legitimate educational or safety interest by local law
22		enforcement officials about a minor who is the subject
23		of a current police investigation that is directly
24		related to school safety shall consist of oral
25		information only, and not written juvenile law
26		enforcement records, and shall be used solely by the

HB5501 Engrossed - 2192 - LRB102 24698 AMC 33937 b
1		appropriate school official or officials to protect
2		the safety of students and employees in the school and
3		aid in the proper rehabilitation of the child. The
4		information derived orally from the local law
5		enforcement officials shall be kept separate from and
6		shall not become a part of the official school record
7		of the child and shall not be a public record. This
8		limitation on the use of information about a minor who
9		is the subject of a current police investigation shall
10		in no way limit the use of this information by
11		prosecutors in pursuing criminal charges arising out
12		of the information disclosed during a police
13		investigation of the minor. For purposes of this
14		paragraph, "investigation" means an official
15		systematic inquiry by a law enforcement agency into
16		actual or suspected criminal activity.
17		(9) Mental health professionals on behalf of the
18		Department of Corrections or the Department of Human
19		Services or prosecutors who are evaluating, prosecuting,
20		or investigating a potential or actual petition brought
21		under the Sexually Violent Persons Commitment Act relating
22		to a person who is the subject of juvenile law enforcement
23		records or the respondent to a petition brought under the
24		Sexually Violent Persons Commitment Act who is the subject
25		of the juvenile law enforcement records sought. Any
26		juvenile law enforcement records and any information

HB5501 Engrossed - 2193 - LRB102 24698 AMC 33937 b
1		obtained from those juvenile law enforcement records under
2		this paragraph (9) may be used only in sexually violent
3		persons commitment proceedings.
4		(10) The president of a park district. Inspection and
5		copying shall be limited to juvenile law enforcement
6		records transmitted to the president of the park district
7		by the Illinois State Police under Section 8-23 of the
8		Park District Code or Section 16a-5 of the Chicago Park
9		District Act concerning a person who is seeking employment
10		with that park district and who has been adjudicated a
11		juvenile delinquent for any of the offenses listed in
12		subsection (c) of Section 8-23 of the Park District Code
13		or subsection (c) of Section 16a-5 of the Chicago Park
14		District Act.
15		(11) Persons managing and designated to participate in
16		a court diversion program as designated in subsection (6)
17		of Section 5-105.
18		(12) The Public Access Counselor of the Office of the
19		Attorney General, when reviewing juvenile law enforcement
20		records under its powers and duties under the Freedom of
21		Information Act.
22		(13) Collection agencies, contracted or otherwise
23		engaged by a governmental entity, to collect any debts due
24		and owing to the governmental entity.
25		(B)(1) Except as provided in paragraph (2), no law
26		enforcement officer or other person or agency may knowingly

HB5501 Engrossed - 2194 - LRB102 24698 AMC 33937 b
1		transmit to the Department of Corrections, the Illinois State
2		Police, or the Federal Bureau of Investigation any fingerprint
3		or photograph relating to a minor who has been arrested or
4		taken into custody before his or her 18th birthday, unless the
5		court in proceedings under this Act authorizes the
6		transmission or enters an order under Section 5-805 permitting
7		or requiring the institution of criminal proceedings.
8		(2) Law enforcement officers or other persons or agencies
9		shall transmit to the Illinois State Police copies of
10		fingerprints and descriptions of all minors who have been
11		arrested or taken into custody before their 18th birthday for
12		the offense of unlawful use of weapons under Article 24 of the
13		Criminal Code of 1961 or the Criminal Code of 2012, a Class X
14		or Class 1 felony, a forcible felony as defined in Section 2-8
15		of the Criminal Code of 1961 or the Criminal Code of 2012, or a
16		Class 2 or greater felony under the Cannabis Control Act, the
17		Illinois Controlled Substances Act, the Methamphetamine
18		Control and Community Protection Act, or Chapter 4 of the
19		Illinois Vehicle Code, pursuant to Section 5 of the Criminal
20		Identification Act. Information reported to the Department
21		pursuant to this Section may be maintained with records that
22		the Department files pursuant to Section 2.1 of the Criminal
23		Identification Act. Nothing in this Act prohibits a law
24		enforcement agency from fingerprinting a minor taken into
25		custody or arrested before his or her 18th birthday for an
26		offense other than those listed in this paragraph (2).

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1		(C) The records of law enforcement officers, or of an
2		independent agency created by ordinance and charged by a unit
3		of local government with the duty of investigating the conduct
4		of law enforcement officers, concerning all minors under 18
5		years of age must be maintained separate from the records of
6		arrests and may not be open to public inspection or their
7		contents disclosed to the public. For purposes of obtaining
8		documents under this Section, a civil subpoena is not an order
9		of the court.
10		(1) In cases where the law enforcement, or independent
11		agency, records concern a pending juvenile court case, the
12		party seeking to inspect the records shall provide actual
13		notice to the attorney or guardian ad litem of the minor
14		whose records are sought.
15		(2) In cases where the records concern a juvenile
16		court case that is no longer pending, the party seeking to
17		inspect the records shall provide actual notice to the
18		minor or the minor's parent or legal guardian, and the
19		matter shall be referred to the chief judge presiding over
20		matters pursuant to this Act.
21		(3) In determining whether the records should be
22		available for inspection, the court shall consider the
23		minor's interest in confidentiality and rehabilitation
24		over the moving party's interest in obtaining the
25		information. Any records obtained in violation of this
26		subsection (C) shall not be admissible in any criminal or

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1		civil proceeding, or operate to disqualify a minor from
2		subsequently holding public office or securing employment,
3		or operate as a forfeiture of any public benefit, right,
4		privilege, or right to receive any license granted by
5		public authority.
6		(D) Nothing contained in subsection (C) of this Section
7		shall prohibit the inspection or disclosure to victims and
8		witnesses of photographs contained in the records of law
9		enforcement agencies when the inspection and disclosure is
10		conducted in the presence of a law enforcement officer for the
11		purpose of the identification or apprehension of any person
12		subject to the provisions of this Act or for the investigation
13		or prosecution of any crime.
14		(E) Law enforcement officers, and personnel of an
15		independent agency created by ordinance and charged by a unit
16		of local government with the duty of investigating the conduct
17		of law enforcement officers, may not disclose the identity of
18		any minor in releasing information to the general public as to
19		the arrest, investigation or disposition of any case involving
20		a minor.
21		(F) Nothing contained in this Section shall prohibit law
22		enforcement agencies from communicating with each other by
23		letter, memorandum, teletype, or intelligence alert bulletin
24		or other means the identity or other relevant information
25		pertaining to a person under 18 years of age if there are
26		reasonable grounds to believe that the person poses a real and

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1		present danger to the safety of the public or law enforcement
2		officers. The information provided under this subsection (F)
3		shall remain confidential and shall not be publicly disclosed,
4		except as otherwise allowed by law.
5		(G) Nothing in this Section shall prohibit the right of a
6		Civil Service Commission or appointing authority of any
7		federal government, state, county or municipality examining
8		the character and fitness of an applicant for employment with
9		a law enforcement agency, correctional institution, or fire
10		department from obtaining and examining the records of any law
11		enforcement agency relating to any record of the applicant
12		having been arrested or taken into custody before the
13		applicant's 18th birthday.
14		(G-5) Information identifying victims and alleged victims
15		of sex offenses shall not be disclosed or open to the public
16		under any circumstances. Nothing in this Section shall
17		prohibit the victim or alleged victim of any sex offense from
18		voluntarily disclosing his or her own identity.
19		(H) The changes made to this Section by Public Act 98-61
20		apply to law enforcement records of a minor who has been
21		arrested or taken into custody on or after January 1, 2014 (the
22		effective date of Public Act 98-61).
23		(H-5) Nothing in this Section shall require any court or
24		adjudicative proceeding for traffic, boating, fish and game
25		law, or municipal and county ordinance violations to be closed
26		to the public.

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1		(I) Willful violation of this Section is a Class C
2		misdemeanor and each violation is subject to a fine of $1,000.
3		This subsection (I) shall not apply to the person who is the
4		subject of the record.
5		(J) A person convicted of violating this Section is liable
6		for damages in the amount of $1,000 or actual damages,
7		whichever is greater.
8		(Source: P.A. 102-538, eff. 8-20-21.)
9		(Text of Section after amendment by P.A. 101-652)
10		Sec. 1-7. Confidentiality of juvenile law enforcement and
11		municipal ordinance violation records.
12		(A) All juvenile law enforcement records which have not
13		been expunged are confidential and may never be disclosed to
14		the general public or otherwise made widely available.
15		Juvenile law enforcement records may be obtained only under
16		this Section and Section 1-8 and Part 9 of Article V of this
17		Act, when their use is needed for good cause and with an order
18		from the juvenile court, as required by those not authorized
19		to retain them. Inspection, copying, and disclosure of
20		juvenile law enforcement records maintained by law enforcement
21		agencies or records of municipal ordinance violations
22		maintained by any State, local, or municipal agency that
23		relate to a minor who has been investigated, arrested, or
24		taken into custody before his or her 18th birthday shall be
25		restricted to the following:

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1		(0.05) The minor who is the subject of the juvenile
2		law enforcement record, his or her parents, guardian, and
3		counsel.
4		(0.10) Judges of the circuit court and members of the
5		staff of the court designated by the judge.
6		(0.15) An administrative adjudication hearing officer
7		or members of the staff designated to assist in the
8		administrative adjudication process.
9		(1) Any local, State, or federal law enforcement
10		officers or designated law enforcement staff of any
11		jurisdiction or agency when necessary for the discharge of
12		their official duties during the investigation or
13		prosecution of a crime or relating to a minor who has been
14		adjudicated delinquent and there has been a previous
15		finding that the act which constitutes the previous
16		offense was committed in furtherance of criminal
17		activities by a criminal street gang, or, when necessary
18		for the discharge of its official duties in connection
19		with a particular investigation of the conduct of a law
20		enforcement officer, an independent agency or its staff
21		created by ordinance and charged by a unit of local
22		government with the duty of investigating the conduct of
23		law enforcement officers. For purposes of this Section,
24		"criminal street gang" has the meaning ascribed to it in
25		Section 10 of the Illinois Streetgang Terrorism Omnibus
26		Prevention Act.

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1		(2) Prosecutors, public defenders, probation officers,
2		social workers, or other individuals assigned by the court
3		to conduct a pre-adjudication or pre-disposition
4		investigation, and individuals responsible for supervising
5		or providing temporary or permanent care and custody for
6		minors under the order of the juvenile court, when
7		essential to performing their responsibilities.
8		(3) Federal, State, or local prosecutors, public
9		defenders, probation officers, and designated staff:
10		(a) in the course of a trial when institution of
11		criminal proceedings has been permitted or required
12		under Section 5-805;
13		(b) when institution of criminal proceedings has
14		been permitted or required under Section 5-805 and the
15		minor is the subject of a proceeding to determine the
16		conditions of pretrial release;
17		(c) when criminal proceedings have been permitted
18		or required under Section 5-805 and the minor is the
19		subject of a pre-trial investigation, pre-sentence
20		investigation, fitness hearing, or proceedings on an
21		application for probation; or
22		(d) in the course of prosecution or administrative
23		adjudication of a violation of a traffic, boating, or
24		fish and game law, or a county or municipal ordinance.
25		(4) Adult and Juvenile Prisoner Review Board.
26		(5) Authorized military personnel.

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1		(5.5) Employees of the federal government authorized
2		by law.
3		(6) Persons engaged in bona fide research, with the
4		permission of the Presiding Judge and the chief executive
5		of the respective law enforcement agency; provided that
6		publication of such research results in no disclosure of a
7		minor's identity and protects the confidentiality of the
8		minor's record.
9		(7) Department of Children and Family Services child
10		protection investigators acting in their official
11		capacity.
12		(8) The appropriate school official only if the agency
13		or officer believes that there is an imminent threat of
14		physical harm to students, school personnel, or others who
15		are present in the school or on school grounds.
16		(A) Inspection and copying shall be limited to
17		juvenile law enforcement records transmitted to the
18		appropriate school official or officials whom the
19		school has determined to have a legitimate educational
20		or safety interest by a local law enforcement agency
21		under a reciprocal reporting system established and
22		maintained between the school district and the local
23		law enforcement agency under Section 10-20.14 of the
24		School Code concerning a minor enrolled in a school
25		within the school district who has been arrested or
26		taken into custody for any of the following offenses:

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1		(i) any violation of Article 24 of the
2		Criminal Code of 1961 or the Criminal Code of
3		2012;
4		(ii) a violation of the Illinois Controlled
5		Substances Act;
6		(iii) a violation of the Cannabis Control Act;
7		(iv) a forcible felony as defined in Section
8		2-8 of the Criminal Code of 1961 or the Criminal
9		Code of 2012;
10		(v) a violation of the Methamphetamine Control
11		and Community Protection Act;
12		(vi) a violation of Section 1-2 of the
13		Harassing and Obscene Communications Act;
14		(vii) a violation of the Hazing Act; or
15		(viii) a violation of Section 12-1, 12-2,
16		12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
17		12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
18		Criminal Code of 1961 or the Criminal Code of
19		2012.
20		The information derived from the juvenile law
21		enforcement records shall be kept separate from and
22		shall not become a part of the official school record
23		of that child and shall not be a public record. The
24		information shall be used solely by the appropriate
25		school official or officials whom the school has
26		determined to have a legitimate educational or safety

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1		interest to aid in the proper rehabilitation of the
2		child and to protect the safety of students and
3		employees in the school. If the designated law
4		enforcement and school officials deem it to be in the
5		best interest of the minor, the student may be
6		referred to in-school or community-based social
7		services if those services are available.
8		"Rehabilitation services" may include interventions by
9		school support personnel, evaluation for eligibility
10		for special education, referrals to community-based
11		agencies such as youth services, behavioral healthcare
12		service providers, drug and alcohol prevention or
13		treatment programs, and other interventions as deemed
14		appropriate for the student.
15		(B) Any information provided to appropriate school
16		officials whom the school has determined to have a
17		legitimate educational or safety interest by local law
18		enforcement officials about a minor who is the subject
19		of a current police investigation that is directly
20		related to school safety shall consist of oral
21		information only, and not written juvenile law
22		enforcement records, and shall be used solely by the
23		appropriate school official or officials to protect
24		the safety of students and employees in the school and
25		aid in the proper rehabilitation of the child. The
26		information derived orally from the local law

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1		enforcement officials shall be kept separate from and
2		shall not become a part of the official school record
3		of the child and shall not be a public record. This
4		limitation on the use of information about a minor who
5		is the subject of a current police investigation shall
6		in no way limit the use of this information by
7		prosecutors in pursuing criminal charges arising out
8		of the information disclosed during a police
9		investigation of the minor. For purposes of this
10		paragraph, "investigation" means an official
11		systematic inquiry by a law enforcement agency into
12		actual or suspected criminal activity.
13		(9) Mental health professionals on behalf of the
14		Department of Corrections or the Department of Human
15		Services or prosecutors who are evaluating, prosecuting,
16		or investigating a potential or actual petition brought
17		under the Sexually Violent Persons Commitment Act relating
18		to a person who is the subject of juvenile law enforcement
19		records or the respondent to a petition brought under the
20		Sexually Violent Persons Commitment Act who is the subject
21		of the juvenile law enforcement records sought. Any
22		juvenile law enforcement records and any information
23		obtained from those juvenile law enforcement records under
24		this paragraph (9) may be used only in sexually violent
25		persons commitment proceedings.
26		(10) The president of a park district. Inspection and

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1		copying shall be limited to juvenile law enforcement
2		records transmitted to the president of the park district
3		by the Illinois State Police under Section 8-23 of the
4		Park District Code or Section 16a-5 of the Chicago Park
5		District Act concerning a person who is seeking employment
6		with that park district and who has been adjudicated a
7		juvenile delinquent for any of the offenses listed in
8		subsection (c) of Section 8-23 of the Park District Code
9		or subsection (c) of Section 16a-5 of the Chicago Park
10		District Act.
11		(11) Persons managing and designated to participate in
12		a court diversion program as designated in subsection (6)
13		of Section 5-105.
14		(12) The Public Access Counselor of the Office of the
15		Attorney General, when reviewing juvenile law enforcement
16		records under its powers and duties under the Freedom of
17		Information Act.
18		(13) Collection agencies, contracted or otherwise
19		engaged by a governmental entity, to collect any debts due
20		and owing to the governmental entity.
21		(B)(1) Except as provided in paragraph (2), no law
22		enforcement officer or other person or agency may knowingly
23		transmit to the Department of Corrections, the Illinois State
24		Police, or the Federal Bureau of Investigation any fingerprint
25		or photograph relating to a minor who has been arrested or
26		taken into custody before his or her 18th birthday, unless the

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1		court in proceedings under this Act authorizes the
2		transmission or enters an order under Section 5-805 permitting
3		or requiring the institution of criminal proceedings.
4		(2) Law enforcement officers or other persons or agencies
5		shall transmit to the Illinois State Police copies of
6		fingerprints and descriptions of all minors who have been
7		arrested or taken into custody before their 18th birthday for
8		the offense of unlawful use of weapons under Article 24 of the
9		Criminal Code of 1961 or the Criminal Code of 2012, a Class X
10		or Class 1 felony, a forcible felony as defined in Section 2-8
11		of the Criminal Code of 1961 or the Criminal Code of 2012, or a
12		Class 2 or greater felony under the Cannabis Control Act, the
13		Illinois Controlled Substances Act, the Methamphetamine
14		Control and Community Protection Act, or Chapter 4 of the
15		Illinois Vehicle Code, pursuant to Section 5 of the Criminal
16		Identification Act. Information reported to the Department
17		pursuant to this Section may be maintained with records that
18		the Department files pursuant to Section 2.1 of the Criminal
19		Identification Act. Nothing in this Act prohibits a law
20		enforcement agency from fingerprinting a minor taken into
21		custody or arrested before his or her 18th birthday for an
22		offense other than those listed in this paragraph (2).
23		(C) The records of law enforcement officers, or of an
24		independent agency created by ordinance and charged by a unit
25		of local government with the duty of investigating the conduct
26		of law enforcement officers, concerning all minors under 18

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1		years of age must be maintained separate from the records of
2		arrests and may not be open to public inspection or their
3		contents disclosed to the public. For purposes of obtaining
4		documents under this Section, a civil subpoena is not an order
5		of the court.
6		(1) In cases where the law enforcement, or independent
7		agency, records concern a pending juvenile court case, the
8		party seeking to inspect the records shall provide actual
9		notice to the attorney or guardian ad litem of the minor
10		whose records are sought.
11		(2) In cases where the records concern a juvenile
12		court case that is no longer pending, the party seeking to
13		inspect the records shall provide actual notice to the
14		minor or the minor's parent or legal guardian, and the
15		matter shall be referred to the chief judge presiding over
16		matters pursuant to this Act.
17		(3) In determining whether the records should be
18		available for inspection, the court shall consider the
19		minor's interest in confidentiality and rehabilitation
20		over the moving party's interest in obtaining the
21		information. Any records obtained in violation of this
22		subsection (C) shall not be admissible in any criminal or
23		civil proceeding, or operate to disqualify a minor from
24		subsequently holding public office or securing employment,
25		or operate as a forfeiture of any public benefit, right,
26		privilege, or right to receive any license granted by

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1		public authority.
2		(D) Nothing contained in subsection (C) of this Section
3		shall prohibit the inspection or disclosure to victims and
4		witnesses of photographs contained in the records of law
5		enforcement agencies when the inspection and disclosure is
6		conducted in the presence of a law enforcement officer for the
7		purpose of the identification or apprehension of any person
8		subject to the provisions of this Act or for the investigation
9		or prosecution of any crime.
10		(E) Law enforcement officers, and personnel of an
11		independent agency created by ordinance and charged by a unit
12		of local government with the duty of investigating the conduct
13		of law enforcement officers, may not disclose the identity of
14		any minor in releasing information to the general public as to
15		the arrest, investigation or disposition of any case involving
16		a minor.
17		(F) Nothing contained in this Section shall prohibit law
18		enforcement agencies from communicating with each other by
19		letter, memorandum, teletype, or intelligence alert bulletin
20		or other means the identity or other relevant information
21		pertaining to a person under 18 years of age if there are
22		reasonable grounds to believe that the person poses a real and
23		present danger to the safety of the public or law enforcement
24		officers. The information provided under this subsection (F)
25		shall remain confidential and shall not be publicly disclosed,
26		except as otherwise allowed by law.

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1		(G) Nothing in this Section shall prohibit the right of a
2		Civil Service Commission or appointing authority of any
3		federal government, state, county or municipality examining
4		the character and fitness of an applicant for employment with
5		a law enforcement agency, correctional institution, or fire
6		department from obtaining and examining the records of any law
7		enforcement agency relating to any record of the applicant
8		having been arrested or taken into custody before the
9		applicant's 18th birthday.
10		(G-5) Information identifying victims and alleged victims
11		of sex offenses shall not be disclosed or open to the public
12		under any circumstances. Nothing in this Section shall
13		prohibit the victim or alleged victim of any sex offense from
14		voluntarily disclosing his or her own identity.
15		(H) The changes made to this Section by Public Act 98-61
16		apply to law enforcement records of a minor who has been
17		arrested or taken into custody on or after January 1, 2014 (the
18		effective date of Public Act 98-61).
19		(H-5) Nothing in this Section shall require any court or
20		adjudicative proceeding for traffic, boating, fish and game
21		law, or municipal and county ordinance violations to be closed
22		to the public.
23		(I) Willful violation of this Section is a Class C
24		misdemeanor and each violation is subject to a fine of $1,000.
25		This subsection (I) shall not apply to the person who is the
26		subject of the record.

HB5501 Engrossed - 2210 - LRB102 24698 AMC 33937 b
1		(J) A person convicted of violating this Section is liable
2		for damages in the amount of $1,000 or actual damages,
3		whichever is greater.
4		(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
5		revised 10-13-21.)
6		(705 ILCS 405/1-8)
7		(Text of Section before amendment by P.A. 101-652)
8		Sec. 1-8. Confidentiality and accessibility of juvenile
9		court records.
10		(A) A juvenile adjudication shall never be considered a
11		conviction nor shall an adjudicated individual be considered a
12		criminal. Unless expressly allowed by law, a juvenile
13		adjudication shall not operate to impose upon the individual
14		any of the civil disabilities ordinarily imposed by or
15		resulting from conviction. Unless expressly allowed by law,
16		adjudications shall not prejudice or disqualify the individual
17		in any civil service application or appointment, from holding
18		public office, or from receiving any license granted by public
19		authority. All juvenile court records which have not been
20		expunged are sealed and may never be disclosed to the general
21		public or otherwise made widely available. Sealed juvenile
22		court records may be obtained only under this Section and
23		Section 1-7 and Part 9 of Article V of this Act, when their use
24		is needed for good cause and with an order from the juvenile
25		court. Inspection and copying of juvenile court records

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1		relating to a minor who is the subject of a proceeding under
2		this Act shall be restricted to the following:
3		(1) The minor who is the subject of record, his or her
4		parents, guardian, and counsel.
5		(2) Law enforcement officers and law enforcement
6		agencies when such information is essential to executing
7		an arrest or search warrant or other compulsory process,
8		or to conducting an ongoing investigation or relating to a
9		minor who has been adjudicated delinquent and there has
10		been a previous finding that the act which constitutes the
11		previous offense was committed in furtherance of criminal
12		activities by a criminal street gang.
13		Before July 1, 1994, for the purposes of this Section,
14		"criminal street gang" means any ongoing organization,
15		association, or group of 3 or more persons, whether formal
16		or informal, having as one of its primary activities the
17		commission of one or more criminal acts and that has a
18		common name or common identifying sign, symbol or specific
19		color apparel displayed, and whose members individually or
20		collectively engage in or have engaged in a pattern of
21		criminal activity.
22		Beginning July 1, 1994, for purposes of this Section,
23		"criminal street gang" has the meaning ascribed to it in
24		Section 10 of the Illinois Streetgang Terrorism Omnibus
25		Prevention Act.
26		(3) Judges, hearing officers, prosecutors, public

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1		defenders, probation officers, social workers, or other
2		individuals assigned by the court to conduct a
3		pre-adjudication or pre-disposition investigation, and
4		individuals responsible for supervising or providing
5		temporary or permanent care and custody for minors under
6		the order of the juvenile court when essential to
7		performing their responsibilities.
8		(4) Judges, federal, State, and local prosecutors,
9		public defenders, probation officers, and designated
10		staff:
11		(a) in the course of a trial when institution of
12		criminal proceedings has been permitted or required
13		under Section 5-805;
14		(b) when criminal proceedings have been permitted
15		or required under Section 5-805 and a minor is the
16		subject of a proceeding to determine the amount of
17		bail;
18		(c) when criminal proceedings have been permitted
19		or required under Section 5-805 and a minor is the
20		subject of a pre-trial investigation, pre-sentence
21		investigation or fitness hearing, or proceedings on an
22		application for probation; or
23		(d) when a minor becomes 18 years of age or older,
24		and is the subject of criminal proceedings, including
25		a hearing to determine the amount of bail, a pre-trial
26		investigation, a pre-sentence investigation, a fitness

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1		hearing, or proceedings on an application for
2		probation.
3		(5) Adult and Juvenile Prisoner Review Boards.
4		(6) Authorized military personnel.
5		(6.5) Employees of the federal government authorized
6		by law.
7		(7) Victims, their subrogees and legal
8		representatives; however, such persons shall have access
9		only to the name and address of the minor and information
10		pertaining to the disposition or alternative adjustment
11		plan of the juvenile court.
12		(8) Persons engaged in bona fide research, with the
13		permission of the presiding judge of the juvenile court
14		and the chief executive of the agency that prepared the
15		particular records; provided that publication of such
16		research results in no disclosure of a minor's identity
17		and protects the confidentiality of the record.
18		(9) The Secretary of State to whom the Clerk of the
19		Court shall report the disposition of all cases, as
20		required in Section 6-204 of the Illinois Vehicle Code.
21		However, information reported relative to these offenses
22		shall be privileged and available only to the Secretary of
23		State, courts, and police officers.
24		(10) The administrator of a bonafide substance abuse
25		student assistance program with the permission of the
26		presiding judge of the juvenile court.

HB5501 Engrossed - 2214 - LRB102 24698 AMC 33937 b
1		(11) Mental health professionals on behalf of the
2		Department of Corrections or the Department of Human
3		Services or prosecutors who are evaluating, prosecuting,
4		or investigating a potential or actual petition brought
5		under the Sexually Violent Persons Commitment Act relating
6		to a person who is the subject of juvenile court records or
7		the respondent to a petition brought under the Sexually
8		Violent Persons Commitment Act, who is the subject of
9		juvenile court records sought. Any records and any
10		information obtained from those records under this
11		paragraph (11) may be used only in sexually violent
12		persons commitment proceedings.
13		(12) Collection agencies, contracted or otherwise
14		engaged by a governmental entity, to collect any debts due
15		and owing to the governmental entity.
16		(A-1) Findings and exclusions of paternity entered in
17		proceedings occurring under Article II of this Act shall be
18		disclosed, in a manner and form approved by the Presiding
19		Judge of the Juvenile Court, to the Department of Healthcare
20		and Family Services when necessary to discharge the duties of
21		the Department of Healthcare and Family Services under Article
22		X of the Illinois Public Aid Code.
23		(B) A minor who is the victim in a juvenile proceeding
24		shall be provided the same confidentiality regarding
25		disclosure of identity as the minor who is the subject of
26		record.

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1		(C)(0.1) In cases where the records concern a pending
2		juvenile court case, the requesting party seeking to inspect
3		the juvenile court records shall provide actual notice to the
4		attorney or guardian ad litem of the minor whose records are
5		sought.
6		(0.2) In cases where the juvenile court records concern a
7		juvenile court case that is no longer pending, the requesting
8		party seeking to inspect the juvenile court records shall
9		provide actual notice to the minor or the minor's parent or
10		legal guardian, and the matter shall be referred to the chief
11		judge presiding over matters pursuant to this Act.
12		(0.3) In determining whether juvenile court records should
13		be made available for inspection and whether inspection should
14		be limited to certain parts of the file, the court shall
15		consider the minor's interest in confidentiality and
16		rehabilitation over the requesting party's interest in
17		obtaining the information. The State's Attorney, the minor,
18		and the minor's parents, guardian, and counsel shall at all
19		times have the right to examine court files and records.
20		(0.4) Any records obtained in violation of this Section
21		shall not be admissible in any criminal or civil proceeding,
22		or operate to disqualify a minor from subsequently holding
23		public office, or operate as a forfeiture of any public
24		benefit, right, privilege, or right to receive any license
25		granted by public authority.
26		(D) Pending or following any adjudication of delinquency

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1		for any offense defined in Sections 11-1.20 through 11-1.60 or
2		12-13 through 12-16 of the Criminal Code of 1961 or the
3		Criminal Code of 2012, the victim of any such offense shall
4		receive the rights set out in Sections 4 and 6 of the Bill of
5		Rights for Victims and Witnesses of Violent Crime Act; and the
6		juvenile who is the subject of the adjudication,
7		notwithstanding any other provision of this Act, shall be
8		treated as an adult for the purpose of affording such rights to
9		the victim.
10		(E) Nothing in this Section shall affect the right of a
11		Civil Service Commission or appointing authority of the
12		federal government, or any state, county, or municipality
13		examining the character and fitness of an applicant for
14		employment with a law enforcement agency, correctional
15		institution, or fire department to ascertain whether that
16		applicant was ever adjudicated to be a delinquent minor and,
17		if so, to examine the records of disposition or evidence which
18		were made in proceedings under this Act.
19		(F) Following any adjudication of delinquency for a crime
20		which would be a felony if committed by an adult, or following
21		any adjudication of delinquency for a violation of Section
22		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
23		Criminal Code of 2012, the State's Attorney shall ascertain
24		whether the minor respondent is enrolled in school and, if so,
25		shall provide a copy of the dispositional order to the
26		principal or chief administrative officer of the school.

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1		Access to the dispositional order shall be limited to the
2		principal or chief administrative officer of the school and
3		any school counselor designated by him or her.
4		(G) Nothing contained in this Act prevents the sharing or
5		disclosure of information or records relating or pertaining to
6		juveniles subject to the provisions of the Serious Habitual
7		Offender Comprehensive Action Program when that information is
8		used to assist in the early identification and treatment of
9		habitual juvenile offenders.
10		(H) When a court hearing a proceeding under Article II of
11		this Act becomes aware that an earlier proceeding under
12		Article II had been heard in a different county, that court
13		shall request, and the court in which the earlier proceedings
14		were initiated shall transmit, an authenticated copy of the
15		juvenile court record, including all documents, petitions, and
16		orders filed and the minute orders, transcript of proceedings,
17		and docket entries of the court.
18		(I) The Clerk of the Circuit Court shall report to the
19		Illinois State Police, in the form and manner required by the
20		Illinois State Police, the final disposition of each minor who
21		has been arrested or taken into custody before his or her 18th
22		birthday for those offenses required to be reported under
23		Section 5 of the Criminal Identification Act. Information
24		reported to the Department under this Section may be
25		maintained with records that the Department files under
26		Section 2.1 of the Criminal Identification Act.

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1		(J) The changes made to this Section by Public Act 98-61
2		apply to juvenile law enforcement records of a minor who has
3		been arrested or taken into custody on or after January 1, 2014
4		(the effective date of Public Act 98-61).
5		(K) Willful violation of this Section is a Class C
6		misdemeanor and each violation is subject to a fine of $1,000.
7		This subsection (K) shall not apply to the person who is the
8		subject of the record.
9		(L) A person convicted of violating this Section is liable
10		for damages in the amount of $1,000 or actual damages,
11		whichever is greater.
12		(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
13		revised 10-12-21.)
14		(Text of Section after amendment by P.A. 101-652)
15		Sec. 1-8. Confidentiality and accessibility of juvenile
16		court records.
17		(A) A juvenile adjudication shall never be considered a
18		conviction nor shall an adjudicated individual be considered a
19		criminal. Unless expressly allowed by law, a juvenile
20		adjudication shall not operate to impose upon the individual
21		any of the civil disabilities ordinarily imposed by or
22		resulting from conviction. Unless expressly allowed by law,
23		adjudications shall not prejudice or disqualify the individual
24		in any civil service application or appointment, from holding
25		public office, or from receiving any license granted by public

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1		authority. All juvenile court records which have not been
2		expunged are sealed and may never be disclosed to the general
3		public or otherwise made widely available. Sealed juvenile
4		court records may be obtained only under this Section and
5		Section 1-7 and Part 9 of Article V of this Act, when their use
6		is needed for good cause and with an order from the juvenile
7		court. Inspection and copying of juvenile court records
8		relating to a minor who is the subject of a proceeding under
9		this Act shall be restricted to the following:
10		(1) The minor who is the subject of record, his or her
11		parents, guardian, and counsel.
12		(2) Law enforcement officers and law enforcement
13		agencies when such information is essential to executing
14		an arrest or search warrant or other compulsory process,
15		or to conducting an ongoing investigation or relating to a
16		minor who has been adjudicated delinquent and there has
17		been a previous finding that the act which constitutes the
18		previous offense was committed in furtherance of criminal
19		activities by a criminal street gang.
20		Before July 1, 1994, for the purposes of this Section,
21		"criminal street gang" means any ongoing organization,
22		association, or group of 3 or more persons, whether formal
23		or informal, having as one of its primary activities the
24		commission of one or more criminal acts and that has a
25		common name or common identifying sign, symbol or specific
26		color apparel displayed, and whose members individually or

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1		collectively engage in or have engaged in a pattern of
2		criminal activity.
3		Beginning July 1, 1994, for purposes of this Section,
4		"criminal street gang" has the meaning ascribed to it in
5		Section 10 of the Illinois Streetgang Terrorism Omnibus
6		Prevention Act.
7		(3) Judges, hearing officers, prosecutors, public
8		defenders, probation officers, social workers, or other
9		individuals assigned by the court to conduct a
10		pre-adjudication or pre-disposition investigation, and
11		individuals responsible for supervising or providing
12		temporary or permanent care and custody for minors under
13		the order of the juvenile court when essential to
14		performing their responsibilities.
15		(4) Judges, federal, State, and local prosecutors,
16		public defenders, probation officers, and designated
17		staff:
18		(a) in the course of a trial when institution of
19		criminal proceedings has been permitted or required
20		under Section 5-805;
21		(b) when criminal proceedings have been permitted
22		or required under Section 5-805 and a minor is the
23		subject of a proceeding to determine the conditions of
24		pretrial release;
25		(c) when criminal proceedings have been permitted
26		or required under Section 5-805 and a minor is the

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1		subject of a pre-trial investigation, pre-sentence
2		investigation or fitness hearing, or proceedings on an
3		application for probation; or
4		(d) when a minor becomes 18 years of age or older,
5		and is the subject of criminal proceedings, including
6		a hearing to determine the conditions of pretrial
7		release, a pre-trial investigation, a pre-sentence
8		investigation, a fitness hearing, or proceedings on an
9		application for probation.
10		(5) Adult and Juvenile Prisoner Review Boards.
11		(6) Authorized military personnel.
12		(6.5) Employees of the federal government authorized
13		by law.
14		(7) Victims, their subrogees and legal
15		representatives; however, such persons shall have access
16		only to the name and address of the minor and information
17		pertaining to the disposition or alternative adjustment
18		plan of the juvenile court.
19		(8) Persons engaged in bona fide research, with the
20		permission of the presiding judge of the juvenile court
21		and the chief executive of the agency that prepared the
22		particular records; provided that publication of such
23		research results in no disclosure of a minor's identity
24		and protects the confidentiality of the record.
25		(9) The Secretary of State to whom the Clerk of the
26		Court shall report the disposition of all cases, as

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1		required in Section 6-204 of the Illinois Vehicle Code.
2		However, information reported relative to these offenses
3		shall be privileged and available only to the Secretary of
4		State, courts, and police officers.
5		(10) The administrator of a bonafide substance abuse
6		student assistance program with the permission of the
7		presiding judge of the juvenile court.
8		(11) Mental health professionals on behalf of the
9		Department of Corrections or the Department of Human
10		Services or prosecutors who are evaluating, prosecuting,
11		or investigating a potential or actual petition brought
12		under the Sexually Violent Persons Commitment Act relating
13		to a person who is the subject of juvenile court records or
14		the respondent to a petition brought under the Sexually
15		Violent Persons Commitment Act, who is the subject of
16		juvenile court records sought. Any records and any
17		information obtained from those records under this
18		paragraph (11) may be used only in sexually violent
19		persons commitment proceedings.
20		(12) Collection agencies, contracted or otherwise
21		engaged by a governmental entity, to collect any debts due
22		and owing to the governmental entity.
23		(A-1) Findings and exclusions of paternity entered in
24		proceedings occurring under Article II of this Act shall be
25		disclosed, in a manner and form approved by the Presiding
26		Judge of the Juvenile Court, to the Department of Healthcare

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1		and Family Services when necessary to discharge the duties of
2		the Department of Healthcare and Family Services under Article
3		X of the Illinois Public Aid Code.
4		(B) A minor who is the victim in a juvenile proceeding
5		shall be provided the same confidentiality regarding
6		disclosure of identity as the minor who is the subject of
7		record.
8		(C)(0.1) In cases where the records concern a pending
9		juvenile court case, the requesting party seeking to inspect
10		the juvenile court records shall provide actual notice to the
11		attorney or guardian ad litem of the minor whose records are
12		sought.
13		(0.2) In cases where the juvenile court records concern a
14		juvenile court case that is no longer pending, the requesting
15		party seeking to inspect the juvenile court records shall
16		provide actual notice to the minor or the minor's parent or
17		legal guardian, and the matter shall be referred to the chief
18		judge presiding over matters pursuant to this Act.
19		(0.3) In determining whether juvenile court records should
20		be made available for inspection and whether inspection should
21		be limited to certain parts of the file, the court shall
22		consider the minor's interest in confidentiality and
23		rehabilitation over the requesting party's interest in
24		obtaining the information. The State's Attorney, the minor,
25		and the minor's parents, guardian, and counsel shall at all
26		times have the right to examine court files and records.

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1		(0.4) Any records obtained in violation of this Section
2		shall not be admissible in any criminal or civil proceeding,
3		or operate to disqualify a minor from subsequently holding
4		public office, or operate as a forfeiture of any public
5		benefit, right, privilege, or right to receive any license
6		granted by public authority.
7		(D) Pending or following any adjudication of delinquency
8		for any offense defined in Sections 11-1.20 through 11-1.60 or
9		12-13 through 12-16 of the Criminal Code of 1961 or the
10		Criminal Code of 2012, the victim of any such offense shall
11		receive the rights set out in Sections 4 and 6 of the Bill of
12		Rights for Victims and Witnesses of Violent Crime Act; and the
13		juvenile who is the subject of the adjudication,
14		notwithstanding any other provision of this Act, shall be
15		treated as an adult for the purpose of affording such rights to
16		the victim.
17		(E) Nothing in this Section shall affect the right of a
18		Civil Service Commission or appointing authority of the
19		federal government, or any state, county, or municipality
20		examining the character and fitness of an applicant for
21		employment with a law enforcement agency, correctional
22		institution, or fire department to ascertain whether that
23		applicant was ever adjudicated to be a delinquent minor and,
24		if so, to examine the records of disposition or evidence which
25		were made in proceedings under this Act.
26		(F) Following any adjudication of delinquency for a crime

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1		which would be a felony if committed by an adult, or following
2		any adjudication of delinquency for a violation of Section
3		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
4		Criminal Code of 2012, the State's Attorney shall ascertain
5		whether the minor respondent is enrolled in school and, if so,
6		shall provide a copy of the dispositional order to the
7		principal or chief administrative officer of the school.
8		Access to the dispositional order shall be limited to the
9		principal or chief administrative officer of the school and
10		any school counselor designated by him or her.
11		(G) Nothing contained in this Act prevents the sharing or
12		disclosure of information or records relating or pertaining to
13		juveniles subject to the provisions of the Serious Habitual
14		Offender Comprehensive Action Program when that information is
15		used to assist in the early identification and treatment of
16		habitual juvenile offenders.
17		(H) When a court hearing a proceeding under Article II of
18		this Act becomes aware that an earlier proceeding under
19		Article II had been heard in a different county, that court
20		shall request, and the court in which the earlier proceedings
21		were initiated shall transmit, an authenticated copy of the
22		juvenile court record, including all documents, petitions, and
23		orders filed and the minute orders, transcript of proceedings,
24		and docket entries of the court.
25		(I) The Clerk of the Circuit Court shall report to the
26		Illinois State Police, in the form and manner required by the

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1		Illinois State Police, the final disposition of each minor who
2		has been arrested or taken into custody before his or her 18th
3		birthday for those offenses required to be reported under
4		Section 5 of the Criminal Identification Act. Information
5		reported to the Department under this Section may be
6		maintained with records that the Department files under
7		Section 2.1 of the Criminal Identification Act.
8		(J) The changes made to this Section by Public Act 98-61
9		apply to juvenile law enforcement records of a minor who has
10		been arrested or taken into custody on or after January 1, 2014
11		(the effective date of Public Act 98-61).
12		(K) Willful violation of this Section is a Class C
13		misdemeanor and each violation is subject to a fine of $1,000.
14		This subsection (K) shall not apply to the person who is the
15		subject of the record.
16		(L) A person convicted of violating this Section is liable
17		for damages in the amount of $1,000 or actual damages,
18		whichever is greater.
19		(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21;
20		102-538, eff. 8-20-21; revised 10-12-21.)
21		(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
22		Sec. 2-10. Temporary custody hearing. At the appearance of
23		the minor before the court at the temporary custody hearing,
24		all witnesses present shall be examined before the court in
25		relation to any matter connected with the allegations made in

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1		the petition.
2		(1) If the court finds that there is not probable cause to
3		believe that the minor is abused, neglected or dependent it
4		shall release the minor and dismiss the petition.
5		(2) If the court finds that there is probable cause to
6		believe that the minor is abused, neglected or dependent, the
7		court shall state in writing the factual basis supporting its
8		finding and the minor, his or her parent, guardian, custodian
9		and other persons able to give relevant testimony shall be
10		examined before the court. The Department of Children and
11		Family Services shall give testimony concerning indicated
12		reports of abuse and neglect, of which they are aware through
13		the central registry, involving the minor's parent, guardian
14		or custodian. After such testimony, the court may, consistent
15		with the health, safety and best interests of the minor, enter
16		an order that the minor shall be released upon the request of
17		parent, guardian or custodian if the parent, guardian or
18		custodian appears to take custody. If it is determined that a
19		parent's, guardian's, or custodian's compliance with critical
20		services mitigates the necessity for removal of the minor from
21		his or her home, the court may enter an Order of Protection
22		setting forth reasonable conditions of behavior that a parent,
23		guardian, or custodian must observe for a specified period of
24		time, not to exceed 12 months, without a violation; provided,
25		however, that the 12-month period shall begin anew after any
26		violation. "Custodian" includes the Department of Children and

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1		Family Services, if it has been given custody of the child, or
2		any other agency of the State which has been given custody or
3		wardship of the child. If it is consistent with the health,
4		safety and best interests of the minor, the court may also
5		prescribe shelter care and order that the minor be kept in a
6		suitable place designated by the court or in a shelter care
7		facility designated by the Department of Children and Family
8		Services or a licensed child welfare agency; however, on and
9		after January 1, 2015 (the effective date of Public Act
10		98-803) and before January 1, 2017, a minor charged with a
11		criminal offense under the Criminal Code of 1961 or the
12		Criminal Code of 2012 or adjudicated delinquent shall not be
13		placed in the custody of or committed to the Department of
14		Children and Family Services by any court, except a minor less
15		than 16 years of age and committed to the Department of
16		Children and Family Services under Section 5-710 of this Act
17		or a minor for whom an independent basis of abuse, neglect, or
18		dependency exists; and on and after January 1, 2017, a minor
19		charged with a criminal offense under the Criminal Code of
20		1961 or the Criminal Code of 2012 or adjudicated delinquent
21		shall not be placed in the custody of or committed to the
22		Department of Children and Family Services by any court,
23		except a minor less than 15 years of age and committed to the
24		Department of Children and Family Services under Section 5-710
25		of this Act or a minor for whom an independent basis of abuse,
26		neglect, or dependency exists. An independent basis exists

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1		when the allegations or adjudication of abuse, neglect, or
2		dependency do not arise from the same facts, incident, or
3		circumstances which give rise to a charge or adjudication of
4		delinquency.
5		In placing the minor, the Department or other agency
6		shall, to the extent compatible with the court's order, comply
7		with Section 7 of the Children and Family Services Act. In
8		determining the health, safety and best interests of the minor
9		to prescribe shelter care, the court must find that it is a
10		matter of immediate and urgent necessity for the safety and
11		protection of the minor or of the person or property of another
12		that the minor be placed in a shelter care facility or that he
13		or she is likely to flee the jurisdiction of the court, and
14		must further find that reasonable efforts have been made or
15		that, consistent with the health, safety and best interests of
16		the minor, no efforts reasonably can be made to prevent or
17		eliminate the necessity of removal of the minor from his or her
18		home. The court shall require documentation from the
19		Department of Children and Family Services as to the
20		reasonable efforts that were made to prevent or eliminate the
21		necessity of removal of the minor from his or her home or the
22		reasons why no efforts reasonably could be made to prevent or
23		eliminate the necessity of removal. When a minor is placed in
24		the home of a relative, the Department of Children and Family
25		Services shall complete a preliminary background review of the
26		members of the minor's custodian's household in accordance

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1		with Section 4.3 of the Child Care Act of 1969 within 90 days
2		of that placement. If the minor is ordered placed in a shelter
3		care facility of the Department of Children and Family
4		Services or a licensed child welfare agency, the court shall,
5		upon request of the appropriate Department or other agency,
6		appoint the Department of Children and Family Services
7		Guardianship Administrator or other appropriate agency
8		executive temporary custodian of the minor and the court may
9		enter such other orders related to the temporary custody as it
10		deems fit and proper, including the provision of services to
11		the minor or his family to ameliorate the causes contributing
12		to the finding of probable cause or to the finding of the
13		existence of immediate and urgent necessity.
14		Where the Department of Children and Family Services
15		Guardianship Administrator is appointed as the executive
16		temporary custodian, the Department of Children and Family
17		Services shall file with the court and serve on the parties a
18		parent-child visiting plan, within 10 days, excluding weekends
19		and holidays, after the appointment. The parent-child visiting
20		plan shall set out the time and place of visits, the frequency
21		of visits, the length of visits, who shall be present at the
22		visits, and where appropriate, the minor's opportunities to
23		have telephone and mail communication with the parents.
24		Where the Department of Children and Family Services
25		Guardianship Administrator is appointed as the executive
26		temporary custodian, and when the child has siblings in care,

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1		the Department of Children and Family Services shall file with
2		the court and serve on the parties a sibling placement and
3		contact plan within 10 days, excluding weekends and holidays,
4		after the appointment. The sibling placement and contact plan
5		shall set forth whether the siblings are placed together, and
6		if they are not placed together, what, if any, efforts are
7		being made to place them together. If the Department has
8		determined that it is not in a child's best interest to be
9		placed with a sibling, the Department shall document in the
10		sibling placement and contact plan the basis for its
11		determination. For siblings placed separately, the sibling
12		placement and contact plan shall set the time and place for
13		visits, the frequency of the visits, the length of visits, who
14		shall be present for the visits, and where appropriate, the
15		child's opportunities to have contact with their siblings in
16		addition to in person contact. If the Department determines it
17		is not in the best interest of a sibling to have contact with a
18		sibling, the Department shall document in the sibling
19		placement and contact plan the basis for its determination.
20		The sibling placement and contact plan shall specify a date
21		for development of the Sibling Contact Support Plan, under
22		subsection (f) of Section 7.4 of the Children and Family
23		Services Act, and shall remain in effect until the Sibling
24		Contact Support Plan is developed.
25		For good cause, the court may waive the requirement to
26		file the parent-child visiting plan or the sibling placement

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1		and contact plan, or extend the time for filing either plan.
2		Any party may, by motion, request the court to review the
3		parent-child visiting plan to determine whether it is
4		reasonably calculated to expeditiously facilitate the
5		achievement of the permanency goal. A party may, by motion,
6		request the court to review the parent-child visiting plan or
7		the sibling placement and contact plan to determine whether it
8		is consistent with the minor's best interest. The court may
9		refer the parties to mediation where available. The frequency,
10		duration, and locations of visitation shall be measured by the
11		needs of the child and family, and not by the convenience of
12		Department personnel. Child development principles shall be
13		considered by the court in its analysis of how frequent
14		visitation should be, how long it should last, where it should
15		take place, and who should be present. If upon motion of the
16		party to review either plan and after receiving evidence, the
17		court determines that the parent-child visiting plan is not
18		reasonably calculated to expeditiously facilitate the
19		achievement of the permanency goal or that the restrictions
20		placed on parent-child contact or sibling placement or contact
21		are contrary to the child's best interests, the court shall
22		put in writing the factual basis supporting the determination
23		and enter specific findings based on the evidence. The court
24		shall enter an order for the Department to implement changes
25		to the parent-child visiting plan or sibling placement or
26		contact plan, consistent with the court's findings. At any

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1		stage of proceeding, any party may by motion request the court
2		to enter any orders necessary to implement the parent-child
3		visiting plan, sibling placement or contact plan or
4		subsequently developed Sibling Contact Support Plan. Nothing
5		under this subsection (2) shall restrict the court from
6		granting discretionary authority to the Department to increase
7		opportunities for additional parent-child contacts or sibling
8		contacts, without further court orders. Nothing in this
9		subsection (2) shall restrict the Department from immediately
10		restricting or terminating parent-child contact or sibling
11		contacts, without either amending the parent-child visiting
12		plan or the sibling contact plan or obtaining a court order,
13		where the Department or its assigns reasonably believe there
14		is an immediate need to protect the child's health, safety,
15		and welfare. Such restrictions or terminations must be based
16		on available facts to the Department and its assigns when
17		viewed in light of the surrounding circumstances and shall
18		only occur on an individual case-by-case basis. The Department
19		shall file with the court and serve on the parties any
20		amendments to the plan within 10 days, excluding weekends and
21		holidays, of the change of the visitation.
22		Acceptance of services shall not be considered an
23		admission of any allegation in a petition made pursuant to
24		this Act, nor may a referral of services be considered as
25		evidence in any proceeding pursuant to this Act, except where
26		the issue is whether the Department has made reasonable

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1		efforts to reunite the family. In making its findings that it
2		is consistent with the health, safety and best interests of
3		the minor to prescribe shelter care, the court shall state in
4		writing (i) the factual basis supporting its findings
5		concerning the immediate and urgent necessity for the
6		protection of the minor or of the person or property of another
7		and (ii) the factual basis supporting its findings that
8		reasonable efforts were made to prevent or eliminate the
9		removal of the minor from his or her home or that no efforts
10		reasonably could be made to prevent or eliminate the removal
11		of the minor from his or her home. The parents, guardian,
12		custodian, temporary custodian and minor shall each be
13		furnished a copy of such written findings. The temporary
14		custodian shall maintain a copy of the court order and written
15		findings in the case record for the child. The order together
16		with the court's findings of fact in support thereof shall be
17		entered of record in the court.
18		Once the court finds that it is a matter of immediate and
19		urgent necessity for the protection of the minor that the
20		minor be placed in a shelter care facility, the minor shall not
21		be returned to the parent, custodian or guardian until the
22		court finds that such placement is no longer necessary for the
23		protection of the minor.
24		If the child is placed in the temporary custody of the
25		Department of Children and Family Services for his or her
26		protection, the court shall admonish the parents, guardian,

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1		custodian or responsible relative that the parents must
2		cooperate with the Department of Children and Family Services,
3		comply with the terms of the service plans, and correct the
4		conditions which require the child to be in care, or risk
5		termination of their parental rights. The court shall ensure,
6		by inquiring in open court of each parent, guardian, custodian
7		or responsible relative, that the parent, guardian, custodian
8		or responsible relative has had the opportunity to provide the
9		Department with all known names, addresses, and telephone
10		numbers of each of the minor's living maternal and paternal
11		adult relatives, including, but not limited to, grandparents,
12		aunts, uncles, and siblings. The court shall advise the
13		parents, guardian, custodian or responsible relative to inform
14		the Department if additional information regarding the minor's
15		adult relatives becomes available.
16		(3) If prior to the shelter care hearing for a minor
17		described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
18		unable to serve notice on the party respondent, the shelter
19		care hearing may proceed ex parte. A shelter care order from an
20		ex parte hearing shall be endorsed with the date and hour of
21		issuance and shall be filed with the clerk's office and
22		entered of record. The order shall expire after 10 days from
23		the time it is issued unless before its expiration it is
24		renewed, at a hearing upon appearance of the party respondent,
25		or upon an affidavit of the moving party as to all diligent
26		efforts to notify the party respondent by notice as herein

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1		prescribed. The notice prescribed shall be in writing and
2		shall be personally delivered to the minor or the minor's
3		attorney and to the last known address of the other person or
4		persons entitled to notice. The notice shall also state the
5		nature of the allegations, the nature of the order sought by
6		the State, including whether temporary custody is sought, and
7		the consequences of failure to appear and shall contain a
8		notice that the parties will not be entitled to further
9		written notices or publication notices of proceedings in this
10		case, including the filing of an amended petition or a motion
11		to terminate parental rights, except as required by Supreme
12		Court Rule 11; and shall explain the right of the parties and
13		the procedures to vacate or modify a shelter care order as
14		provided in this Section. The notice for a shelter care
15		hearing shall be substantially as follows:
16		NOTICE TO PARENTS AND CHILDREN
17		OF SHELTER CARE HEARING
18		On ................ at ........., before the Honorable
19		................, (address:) ................., the State
20		of Illinois will present evidence (1) that (name of child
21		or children) ....................... are abused, neglected
22		or dependent for the following reasons:
23		.............................................. and (2)
24		whether there is "immediate and urgent necessity" to
25		remove the child or children from the responsible
26		relative.

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1		YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
2		PLACEMENT of the child or children in foster care until a
3		trial can be held. A trial may not be held for up to 90
4		days. You will not be entitled to further notices of
5		proceedings in this case, including the filing of an
6		amended petition or a motion to terminate parental rights.
7		At the shelter care hearing, parents have the
8		following rights:
9		1. To ask the court to appoint a lawyer if they
10		cannot afford one.
11		2. To ask the court to continue the hearing to
12		allow them time to prepare.
13		3. To present evidence concerning:
14		a. Whether or not the child or children were
15		abused, neglected or dependent.
16		b. Whether or not there is "immediate and
17		urgent necessity" to remove the child from home
18		(including: their ability to care for the child,
19		conditions in the home, alternative means of
20		protecting the child other than removal).
21		c. The best interests of the child.
22		4. To cross examine the State's witnesses.
23		The Notice for rehearings shall be substantially as
24		follows:
25		NOTICE OF PARENT'S AND CHILDREN'S RIGHTS

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1		TO REHEARING ON TEMPORARY CUSTODY
2		If you were not present at and did not have adequate
3		notice of the Shelter Care Hearing at which temporary
4		custody of ............... was awarded to
5		................, you have the right to request a full
6		rehearing on whether the State should have temporary
7		custody of ................. To request this rehearing,
8		you must file with the Clerk of the Juvenile Court
9		(address): ........................, in person or by
10		mailing a statement (affidavit) setting forth the
11		following:
12		1. That you were not present at the shelter care
13		hearing.
14		2. That you did not get adequate notice
15		(explaining how the notice was inadequate).
16		3. Your signature.
17		4. Signature must be notarized.
18		The rehearing should be scheduled within 48 hours of
19		your filing this affidavit.
20		At the rehearing, your rights are the same as at the
21		initial shelter care hearing. The enclosed notice explains
22		those rights.
23		At the Shelter Care Hearing, children have the
24		following rights:
25		1. To have a guardian ad litem appointed.
26		2. To be declared competent as a witness and to

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1		present testimony concerning:
2		a. Whether they are abused, neglected or
3		dependent.
4		b. Whether there is "immediate and urgent
5		necessity" to be removed from home.
6		c. Their best interests.
7		3. To cross examine witnesses for other parties.
8		4. To obtain an explanation of any proceedings and
9		orders of the court.
10		(4) If the parent, guardian, legal custodian, responsible
11		relative, minor age 8 or over, or counsel of the minor did not
12		have actual notice of or was not present at the shelter care
13		hearing, he or she may file an affidavit setting forth these
14		facts, and the clerk shall set the matter for rehearing not
15		later than 48 hours, excluding Sundays and legal holidays,
16		after the filing of the affidavit. At the rehearing, the court
17		shall proceed in the same manner as upon the original hearing.
18		(5) Only when there is reasonable cause to believe that
19		the minor taken into custody is a person described in
20		subsection (3) of Section 5-105 may the minor be kept or
21		detained in a detention home or county or municipal jail. This
22		Section shall in no way be construed to limit subsection (6).
23		(6) No minor under 16 years of age may be confined in a
24		jail or place ordinarily used for the confinement of prisoners
25		in a police station. Minors under 18 years of age must be kept
26		separate from confined adults and may not at any time be kept

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1		in the same cell, room, or yard with adults confined pursuant
2		to the criminal law.
3		(7) If the minor is not brought before a judicial officer
4		within the time period as specified in Section 2-9, the minor
5		must immediately be released from custody.
6		(8) If neither the parent, guardian or custodian appears
7		within 24 hours to take custody of a minor released upon
8		request pursuant to subsection (2) of this Section, then the
9		clerk of the court shall set the matter for rehearing not later
10		than 7 days after the original order and shall issue a summons
11		directed to the parent, guardian or custodian to appear. At
12		the same time the probation department shall prepare a report
13		on the minor. If a parent, guardian or custodian does not
14		appear at such rehearing, the judge may enter an order
15		prescribing that the minor be kept in a suitable place
16		designated by the Department of Children and Family Services
17		or a licensed child welfare agency.
18		(9) Notwithstanding any other provision of this Section
19		any interested party, including the State, the temporary
20		custodian, an agency providing services to the minor or family
21		under a service plan pursuant to Section 8.2 of the Abused and
22		Neglected Child Reporting Act, foster parent, or any of their
23		representatives, on notice to all parties entitled to notice,
24		may file a motion that it is in the best interests of the minor
25		to modify or vacate a temporary custody order on any of the
26		following grounds:

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1		(a) It is no longer a matter of immediate and urgent
2		necessity that the minor remain in shelter care; or
3		(b) There is a material change in the circumstances of
4		the natural family from which the minor was removed and
5		the child can be cared for at home without endangering the
6		child's health or safety; or
7		(c) A person not a party to the alleged abuse, neglect
8		or dependency, including a parent, relative or legal
9		guardian, is capable of assuming temporary custody of the
10		minor; or
11		(d) Services provided by the Department of Children
12		and Family Services or a child welfare agency or other
13		service provider have been successful in eliminating the
14		need for temporary custody and the child can be cared for
15		at home without endangering the child's health or safety.
16		In ruling on the motion, the court shall determine whether
17		it is consistent with the health, safety and best interests of
18		the minor to modify or vacate a temporary custody order. If the
19		minor is being restored to the custody of a parent, legal
20		custodian, or guardian who lives outside of Illinois, and an
21		Interstate Compact has been requested and refused, the court
22		may order the Department of Children and Family Services to
23		arrange for an assessment of the minor's proposed living
24		arrangement and for ongoing monitoring of the health, safety,
25		and best interest of the minor and compliance with any order of
26		protective supervision entered in accordance with Section 2-20

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1		or 2-25.
2		The clerk shall set the matter for hearing not later than
3		14 days after such motion is filed. In the event that the court
4		modifies or vacates a temporary custody order but does not
5		vacate its finding of probable cause, the court may order that
6		appropriate services be continued or initiated in behalf of
7		the minor and his or her family.
8		(10) When the court finds or has found that there is
9		probable cause to believe a minor is an abused minor as
10		described in subsection (2) of Section 2-3 and that there is an
11		immediate and urgent necessity for the abused minor to be
12		placed in shelter care, immediate and urgent necessity shall
13		be presumed for any other minor residing in the same household
14		as the abused minor provided:
15		(a) Such other minor is the subject of an abuse or
16		neglect petition pending before the court; and
17		(b) A party to the petition is seeking shelter care
18		for such other minor.
19		Once the presumption of immediate and urgent necessity has
20		been raised, the burden of demonstrating the lack of immediate
21		and urgent necessity shall be on any party that is opposing
22		shelter care for the other minor.
23		(11) The changes made to this Section by Public Act 98-61
24		apply to a minor who has been arrested or taken into custody on
25		or after January 1, 2014 (the effective date of Public Act
26		98-61).

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1		(12) After the court has placed a minor in the care of a
2		temporary custodian pursuant to this Section, any party may
3		file a motion requesting the court to grant the temporary
4		custodian the authority to serve as a surrogate decision maker
5		for the minor under the Health Care Surrogate Act for purposes
6		of making decisions pursuant to paragraph (1) of subsection
7		(b) of Section 20 of the Health Care Surrogate Act. The court
8		may grant the motion if it determines by clear and convincing
9		evidence that it is in the best interests of the minor to grant
10		the temporary custodian such authority. In making its
11		determination, the court shall weigh the following factors in
12		addition to considering the best interests factors listed in
13		subsection (4.05) of Section 1-3 of this Act:
14		(a) the efforts to identify and locate the respondents
15		and adult family members of the minor and the results of
16		those efforts;
17		(b) the efforts to engage the respondents and adult
18		family members of the minor in decision making on behalf
19		of the minor;
20		(c) the length of time the efforts in paragraphs (a)
21		and (b) have been ongoing;
22		(d) the relationship between the respondents and adult
23		family members and the minor;
24		(e) medical testimony regarding the extent to which
25		the minor is suffering and the impact of a delay in
26		decision-making on the minor; and

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1		(f) any other factor the court deems relevant.
2		If the Department of Children and Family Services is the
3		temporary custodian of the minor, in addition to the
4		requirements of paragraph (1) of subsection (b) of Section 20
5		of the Health Care Surrogate Act, the Department shall follow
6		its rules and procedures in exercising authority granted under
7		this subsection.
8		(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
9		revised 10-14-21.)
10		(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
11		Sec. 2-28. Court review.
12		(1) The court may require any legal custodian or guardian
13		of the person appointed under this Act to report periodically
14		to the court or may cite him into court and require him or his
15		agency, to make a full and accurate report of his or its doings
16		in behalf of the minor. The custodian or guardian, within 10
17		days after such citation, or earlier if the court determines
18		it to be necessary to protect the health, safety, or welfare of
19		the minor, shall make the report, either in writing verified
20		by affidavit or orally under oath in open court, or otherwise
21		as the court directs. Upon the hearing of the report the court
22		may remove the custodian or guardian and appoint another in
23		his stead or restore the minor to the custody of his parents or
24		former guardian or custodian. However, custody of the minor
25		shall not be restored to any parent, guardian, or legal

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1		custodian in any case in which the minor is found to be
2		neglected or abused under Section 2-3 or dependent under
3		Section 2-4 of this Act, unless the minor can be cared for at
4		home without endangering the minor's health or safety and it
5		is in the best interests of the minor, and if such neglect,
6		abuse, or dependency is found by the court under paragraph (1)
7		of Section 2-21 of this Act to have come about due to the acts
8		or omissions or both of such parent, guardian, or legal
9		custodian, until such time as an investigation is made as
10		provided in paragraph (5) and a hearing is held on the issue of
11		the fitness of such parent, guardian, or legal custodian to
12		care for the minor and the court enters an order that such
13		parent, guardian, or legal custodian is fit to care for the
14		minor.
15		(1.5) The public agency that is the custodian or guardian
16		of the minor shall file a written report with the court no
17		later than 15 days after a minor in the agency's care remains:
18		(1) in a shelter placement beyond 30 days;
19		(2) in a psychiatric hospital past the time when the
20		minor is clinically ready for discharge or beyond medical
21		necessity for the minor's health; or
22		(3) in a detention center or Department of Juvenile
23		Justice facility solely because the public agency cannot
24		find an appropriate placement for the minor.
25		The report shall explain the steps the agency is taking to
26		ensure the minor is placed appropriately, how the minor's

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1		needs are being met in the minor's shelter placement, and if a
2		future placement has been identified by the Department, why
3		the anticipated placement is appropriate for the needs of the
4		minor and the anticipated placement date.
5		(1.6) Within 35 days after placing a child in its care in a
6		qualified residential treatment program, as defined by the
7		federal Social Security Act, the Department of Children and
8		Family Services shall file a written report with the court and
9		send copies of the report to all parties. Within 20 days of the
10		filing of the report, the court shall hold a hearing to
11		consider the Department's report and determine whether
12		placement of the child in a qualified residential treatment
13		program provides the most effective and appropriate level of
14		care for the child in the least restrictive environment and if
15		the placement is consistent with the short-term and long-term
16		goals for the child, as specified in the permanency plan for
17		the child. The court shall approve or disapprove the
18		placement. If applicable, the requirements of Sections 2-27.1
19		and 2-27.2 must also be met. The Department's written report
20		and the court's written determination shall be included in and
21		made part of the case plan for the child. If the child remains
22		placed in a qualified residential treatment program, the
23		Department shall submit evidence at each status and permanency
24		hearing:
25		(1) demonstrating that on-going assessment of the
26		strengths and needs of the child continues to support the

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1		determination that the child's needs cannot be met through
2		placement in a foster family home, that the placement
3		provides the most effective and appropriate level of care
4		for the child in the least restrictive, appropriate
5		environment, and that the placement is consistent with the
6		short-term and long-term permanency goal for the child, as
7		specified in the permanency plan for the child;
8		(2) documenting the specific treatment or service
9		needs that should be met for the child in the placement and
10		the length of time the child is expected to need the
11		treatment or services; and
12		(3) the efforts made by the agency to prepare the
13		child to return home or to be placed with a fit and willing
14		relative, a legal guardian, or an adoptive parent, or in a
15		foster family home.
16		(2) The first permanency hearing shall be conducted by the
17		judge. Subsequent permanency hearings may be heard by a judge
18		or by hearing officers appointed or approved by the court in
19		the manner set forth in Section 2-28.1 of this Act. The initial
20		hearing shall be held (a) within 12 months from the date
21		temporary custody was taken, regardless of whether an
22		adjudication or dispositional hearing has been completed
23		within that time frame, (b) if the parental rights of both
24		parents have been terminated in accordance with the procedure
25		described in subsection (5) of Section 2-21, within 30 days of
26		the order for termination of parental rights and appointment

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1		of a guardian with power to consent to adoption, or (c) in
2		accordance with subsection (2) of Section 2-13.1. Subsequent
3		permanency hearings shall be held every 6 months or more
4		frequently if necessary in the court's determination following
5		the initial permanency hearing, in accordance with the
6		standards set forth in this Section, until the court
7		determines that the plan and goal have been achieved. Once the
8		plan and goal have been achieved, if the minor remains in
9		substitute care, the case shall be reviewed at least every 6
10		months thereafter, subject to the provisions of this Section,
11		unless the minor is placed in the guardianship of a suitable
12		relative or other person and the court determines that further
13		monitoring by the court does not further the health, safety or
14		best interest of the child and that this is a stable permanent
15		placement. The permanency hearings must occur within the time
16		frames set forth in this subsection and may not be delayed in
17		anticipation of a report from any source or due to the agency's
18		failure to timely file its written report (this written report
19		means the one required under the next paragraph and does not
20		mean the service plan also referred to in that paragraph).
21		The public agency that is the custodian or guardian of the
22		minor, or another agency responsible for the minor's care,
23		shall ensure that all parties to the permanency hearings are
24		provided a copy of the most recent service plan prepared
25		within the prior 6 months at least 14 days in advance of the
26		hearing. If not contained in the agency's service plan, the

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1		agency shall also include a report setting forth (i) any
2		special physical, psychological, educational, medical,
3		emotional, or other needs of the minor or his or her family
4		that are relevant to a permanency or placement determination
5		and (ii) for any minor age 16 or over, a written description of
6		the programs and services that will enable the minor to
7		prepare for independent living. If not contained in the
8		agency's service plan, the agency's report shall specify if a
9		minor is placed in a licensed child care facility under a
10		corrective plan by the Department due to concerns impacting
11		the minor's safety and well-being. The report shall explain
12		the steps the Department is taking to ensure the safety and
13		well-being of the minor and that the minor's needs are met in
14		the facility. The agency's written report must detail what
15		progress or lack of progress the parent has made in correcting
16		the conditions requiring the child to be in care; whether the
17		child can be returned home without jeopardizing the child's
18		health, safety, and welfare, and if not, what permanency goal
19		is recommended to be in the best interests of the child, and
20		why the other permanency goals are not appropriate. The
21		caseworker must appear and testify at the permanency hearing.
22		If a permanency hearing has not previously been scheduled by
23		the court, the moving party shall move for the setting of a
24		permanency hearing and the entry of an order within the time
25		frames set forth in this subsection.
26		At the permanency hearing, the court shall determine the

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1		future status of the child. The court shall set one of the
2		following permanency goals:
3		(A) The minor will be returned home by a specific date
4		within 5 months.
5		(B) The minor will be in short-term care with a
6		continued goal to return home within a period not to
7		exceed one year, where the progress of the parent or
8		parents is substantial giving particular consideration to
9		the age and individual needs of the minor.
10		(B-1) The minor will be in short-term care with a
11		continued goal to return home pending a status hearing.
12		When the court finds that a parent has not made reasonable
13		efforts or reasonable progress to date, the court shall
14		identify what actions the parent and the Department must
15		take in order to justify a finding of reasonable efforts
16		or reasonable progress and shall set a status hearing to
17		be held not earlier than 9 months from the date of
18		adjudication nor later than 11 months from the date of
19		adjudication during which the parent's progress will again
20		be reviewed.
21		(C) The minor will be in substitute care pending court
22		determination on termination of parental rights.
23		(D) Adoption, provided that parental rights have been
24		terminated or relinquished.
25		(E) The guardianship of the minor will be transferred
26		to an individual or couple on a permanent basis provided

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1		that goals (A) through (D) have been deemed inappropriate
2		and not in the child's best interests. The court shall
3		confirm that the Department has discussed adoption, if
4		appropriate, and guardianship with the caregiver prior to
5		changing a goal to guardianship.
6		(F) The minor over age 15 will be in substitute care
7		pending independence. In selecting this permanency goal,
8		the Department of Children and Family Services may provide
9		services to enable reunification and to strengthen the
10		minor's connections with family, fictive kin, and other
11		responsible adults, provided the services are in the
12		minor's best interest. The services shall be documented in
13		the service plan.
14		(G) The minor will be in substitute care because he or
15		she cannot be provided for in a home environment due to
16		developmental disabilities or mental illness or because he
17		or she is a danger to self or others, provided that goals
18		(A) through (D) have been deemed inappropriate and not in
19		the child's best interests.
20		In selecting any permanency goal, the court shall indicate
21		in writing the reasons the goal was selected and why the
22		preceding goals were deemed inappropriate and not in the
23		child's best interest. Where the court has selected a
24		permanency goal other than (A), (B), or (B-1), the Department
25		of Children and Family Services shall not provide further
26		reunification services, except as provided in paragraph (F) of

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1		this subsection (2), but shall provide services consistent
2		with the goal selected.
3		(H) Notwithstanding any other provision in this
4		Section, the court may select the goal of continuing
5		foster care as a permanency goal if:
6		(1) The Department of Children and Family Services
7		has custody and guardianship of the minor;
8		(2) The court has deemed all other permanency
9		goals inappropriate based on the child's best
10		interest;
11		(3) The court has found compelling reasons, based
12		on written documentation reviewed by the court, to
13		place the minor in continuing foster care. Compelling
14		reasons include:
15		(a) the child does not wish to be adopted or to
16		be placed in the guardianship of his or her
17		relative or foster care placement;
18		(b) the child exhibits an extreme level of
19		need such that the removal of the child from his or
20		her placement would be detrimental to the child;
21		or
22		(c) the child who is the subject of the
23		permanency hearing has existing close and strong
24		bonds with a sibling, and achievement of another
25		permanency goal would substantially interfere with
26		the subject child's sibling relationship, taking

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1		into consideration the nature and extent of the
2		relationship, and whether ongoing contact is in
3		the subject child's best interest, including
4		long-term emotional interest, as compared with the
5		legal and emotional benefit of permanence;
6		(4) The child has lived with the relative or
7		foster parent for at least one year; and
8		(5) The relative or foster parent currently caring
9		for the child is willing and capable of providing the
10		child with a stable and permanent environment.
11		The court shall set a permanency goal that is in the best
12		interest of the child. In determining that goal, the court
13		shall consult with the minor in an age-appropriate manner
14		regarding the proposed permanency or transition plan for the
15		minor. The court's determination shall include the following
16		factors:
17		(1) Age of the child.
18		(2) Options available for permanence, including both
19		out-of-state and in-state placement options.
20		(3) Current placement of the child and the intent of
21		the family regarding adoption.
22		(4) Emotional, physical, and mental status or
23		condition of the child.
24		(5) Types of services previously offered and whether
25		or not the services were successful and, if not
26		successful, the reasons the services failed.

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1		(6) Availability of services currently needed and
2		whether the services exist.
3		(7) Status of siblings of the minor.
4		The court shall consider (i) the permanency goal contained
5		in the service plan, (ii) the appropriateness of the services
6		contained in the plan and whether those services have been
7		provided, (iii) whether reasonable efforts have been made by
8		all the parties to the service plan to achieve the goal, and
9		(iv) whether the plan and goal have been achieved. All
10		evidence relevant to determining these questions, including
11		oral and written reports, may be admitted and may be relied on
12		to the extent of their probative value.
13		The court shall make findings as to whether, in violation
14		of Section 8.2 of the Abused and Neglected Child Reporting
15		Act, any portion of the service plan compels a child or parent
16		to engage in any activity or refrain from any activity that is
17		not reasonably related to remedying a condition or conditions
18		that gave rise or which could give rise to any finding of child
19		abuse or neglect. The services contained in the service plan
20		shall include services reasonably related to remedy the
21		conditions that gave rise to removal of the child from the home
22		of his or her parents, guardian, or legal custodian or that the
23		court has found must be remedied prior to returning the child
24		home. Any tasks the court requires of the parents, guardian,
25		or legal custodian or child prior to returning the child home,
26		must be reasonably related to remedying a condition or

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1		conditions that gave rise to or which could give rise to any
2		finding of child abuse or neglect.
3		If the permanency goal is to return home, the court shall
4		make findings that identify any problems that are causing
5		continued placement of the children away from the home and
6		identify what outcomes would be considered a resolution to
7		these problems. The court shall explain to the parents that
8		these findings are based on the information that the court has
9		at that time and may be revised, should additional evidence be
10		presented to the court.
11		The court shall review the Sibling Contact Support Plan
12		developed or modified under subsection (f) of Section 7.4 of
13		the Children and Family Services Act, if applicable. If the
14		Department has not convened a meeting to develop or modify a
15		Sibling Contact Support Plan, or if the court finds that the
16		existing Plan is not in the child's best interest, the court
17		may enter an order requiring the Department to develop, modify
18		or implement a Sibling Contact Support Plan, or order
19		mediation.
20		If the goal has been achieved, the court shall enter
21		orders that are necessary to conform the minor's legal custody
22		and status to those findings.
23		If, after receiving evidence, the court determines that
24		the services contained in the plan are not reasonably
25		calculated to facilitate achievement of the permanency goal,
26		the court shall put in writing the factual basis supporting

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1		the determination and enter specific findings based on the
2		evidence. The court also shall enter an order for the
3		Department to develop and implement a new service plan or to
4		implement changes to the current service plan consistent with
5		the court's findings. The new service plan shall be filed with
6		the court and served on all parties within 45 days of the date
7		of the order. The court shall continue the matter until the new
8		service plan is filed. Except as authorized by subsection
9		(2.5) of this Section and as otherwise specifically authorized
10		by law, the court is not empowered under this Section to order
11		specific placements, specific services, or specific service
12		providers to be included in the service plan.
13		A guardian or custodian appointed by the court pursuant to
14		this Act shall file updated case plans with the court every 6
15		months.
16		Rights of wards of the court under this Act are
17		enforceable against any public agency by complaints for relief
18		by mandamus filed in any proceedings brought under this Act.
19		(2.5) If, after reviewing the evidence, including evidence
20		from the Department, the court determines that the minor's
21		current or planned placement is not necessary or appropriate
22		to facilitate achievement of the permanency goal, the court
23		shall put in writing the factual basis supporting its
24		determination and enter specific findings based on the
25		evidence. If the court finds that the minor's current or
26		planned placement is not necessary or appropriate, the court

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1		may enter an order directing the Department to implement a
2		recommendation by the minor's treating clinician or a
3		clinician contracted by the Department to evaluate the minor
4		or a recommendation made by the Department. If the Department
5		places a minor in a placement under an order entered under this
6		subsection (2.5), the Department has the authority to remove
7		the minor from that placement when a change in circumstances
8		necessitates the removal to protect the minor's health,
9		safety, and best interest. If the Department determines
10		removal is necessary, the Department shall notify the parties
11		of the planned placement change in writing no later than 10
12		days prior to the implementation of its determination unless
13		remaining in the placement poses an imminent risk of harm to
14		the minor, in which case the Department shall notify the
15		parties of the placement change in writing immediately
16		following the implementation of its decision. The Department
17		shall notify others of the decision to change the minor's
18		placement as required by Department rule.
19		(3) Following the permanency hearing, the court shall
20		enter a written order that includes the determinations
21		required under subsection (2) of this Section and sets forth
22		the following:
23		(a) The future status of the minor, including the
24		permanency goal, and any order necessary to conform the
25		minor's legal custody and status to such determination; or
26		(b) If the permanency goal of the minor cannot be

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1		achieved immediately, the specific reasons for continuing
2		the minor in the care of the Department of Children and
3		Family Services or other agency for short term placement,
4		and the following determinations:
5		(i) (Blank).
6		(ii) Whether the services required by the court
7		and by any service plan prepared within the prior 6
8		months have been provided and (A) if so, whether the
9		services were reasonably calculated to facilitate the
10		achievement of the permanency goal or (B) if not
11		provided, why the services were not provided.
12		(iii) Whether the minor's current or planned
13		placement is necessary, and appropriate to the plan
14		and goal, recognizing the right of minors to the least
15		restrictive (most family-like) setting available and
16		in close proximity to the parents' home consistent
17		with the health, safety, best interest and special
18		needs of the minor and, if the minor is placed
19		out-of-state, whether the out-of-state placement
20		continues to be appropriate and consistent with the
21		health, safety, and best interest of the minor.
22		(iv) (Blank).
23		(v) (Blank).
24		(4) The minor or any person interested in the minor may
25		apply to the court for a change in custody of the minor and the
26		appointment of a new custodian or guardian of the person or for

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1		the restoration of the minor to the custody of his parents or
2		former guardian or custodian.
3		When return home is not selected as the permanency goal:
4		(a) The Department, the minor, or the current foster
5		parent or relative caregiver seeking private guardianship
6		may file a motion for private guardianship of the minor.
7		Appointment of a guardian under this Section requires
8		approval of the court.
9		(b) The State's Attorney may file a motion to
10		terminate parental rights of any parent who has failed to
11		make reasonable efforts to correct the conditions which
12		led to the removal of the child or reasonable progress
13		toward the return of the child, as defined in subdivision
14		(D)(m) of Section 1 of the Adoption Act or for whom any
15		other unfitness ground for terminating parental rights as
16		defined in subdivision (D) of Section 1 of the Adoption
17		Act exists.
18		When parental rights have been terminated for a
19		minimum of 3 years and the child who is the subject of the
20		permanency hearing is 13 years old or older and is not
21		currently placed in a placement likely to achieve
22		permanency, the Department of Children and Family Services
23		shall make reasonable efforts to locate parents whose
24		rights have been terminated, except when the Court
25		determines that those efforts would be futile or
26		inconsistent with the subject child's best interests. The

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1		Department of Children and Family Services shall assess
2		the appropriateness of the parent whose rights have been
3		terminated, and shall, as appropriate, foster and support
4		connections between the parent whose rights have been
5		terminated and the youth. The Department of Children and
6		Family Services shall document its determinations and
7		efforts to foster connections in the child's case plan.
8		Custody of the minor shall not be restored to any parent,
9		guardian, or legal custodian in any case in which the minor is
10		found to be neglected or abused under Section 2-3 or dependent
11		under Section 2-4 of this Act, unless the minor can be cared
12		for at home without endangering his or her health or safety and
13		it is in the best interest of the minor, and if such neglect,
14		abuse, or dependency is found by the court under paragraph (1)
15		of Section 2-21 of this Act to have come about due to the acts
16		or omissions or both of such parent, guardian, or legal
17		custodian, until such time as an investigation is made as
18		provided in paragraph (5) and a hearing is held on the issue of
19		the health, safety, and best interest of the minor and the
20		fitness of such parent, guardian, or legal custodian to care
21		for the minor and the court enters an order that such parent,
22		guardian, or legal custodian is fit to care for the minor. If a
23		motion is filed to modify or vacate a private guardianship
24		order and return the child to a parent, guardian, or legal
25		custodian, the court may order the Department of Children and
26		Family Services to assess the minor's current and proposed

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1		living arrangements and to provide ongoing monitoring of the
2		health, safety, and best interest of the minor during the
3		pendency of the motion to assist the court in making that
4		determination. In the event that the minor has attained 18
5		years of age and the guardian or custodian petitions the court
6		for an order terminating his guardianship or custody,
7		guardianship or custody shall terminate automatically 30 days
8		after the receipt of the petition unless the court orders
9		otherwise. No legal custodian or guardian of the person may be
10		removed without his consent until given notice and an
11		opportunity to be heard by the court.
12		When the court orders a child restored to the custody of
13		the parent or parents, the court shall order the parent or
14		parents to cooperate with the Department of Children and
15		Family Services and comply with the terms of an after-care
16		plan, or risk the loss of custody of the child and possible
17		termination of their parental rights. The court may also enter
18		an order of protective supervision in accordance with Section
19		2-24.
20		If the minor is being restored to the custody of a parent,
21		legal custodian, or guardian who lives outside of Illinois,
22		and an Interstate Compact has been requested and refused, the
23		court may order the Department of Children and Family Services
24		to arrange for an assessment of the minor's proposed living
25		arrangement and for ongoing monitoring of the health, safety,
26		and best interest of the minor and compliance with any order of

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1		protective supervision entered in accordance with Section
2		2-24.
3		(5) Whenever a parent, guardian, or legal custodian files
4		a motion for restoration of custody of the minor, and the minor
5		was adjudicated neglected, abused, or dependent as a result of
6		physical abuse, the court shall cause to be made an
7		investigation as to whether the movant has ever been charged
8		with or convicted of any criminal offense which would indicate
9		the likelihood of any further physical abuse to the minor.
10		Evidence of such criminal convictions shall be taken into
11		account in determining whether the minor can be cared for at
12		home without endangering his or her health or safety and
13		fitness of the parent, guardian, or legal custodian.
14		(a) Any agency of this State or any subdivision
15		thereof shall cooperate co-operate with the agent of the
16		court in providing any information sought in the
17		investigation.
18		(b) The information derived from the investigation and
19		any conclusions or recommendations derived from the
20		information shall be provided to the parent, guardian, or
21		legal custodian seeking restoration of custody prior to
22		the hearing on fitness and the movant shall have an
23		opportunity at the hearing to refute the information or
24		contest its significance.
25		(c) All information obtained from any investigation
26		shall be confidential as provided in Section 5-150 of this

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1		Act.
2		(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
3		102-489, eff. 8-20-21; revised 10-14-21.)
4		(705 ILCS 405/5-501)
5		(Text of Section before amendment by P.A. 102-654)
6		Sec. 5-501. Detention or shelter care hearing. At the
7		appearance of the minor before the court at the detention or
8		shelter care hearing, the court shall receive all relevant
9		information and evidence, including affidavits concerning the
10		allegations made in the petition. Evidence used by the court
11		in its findings or stated in or offered in connection with this
12		Section may be by way of proffer based on reliable information
13		offered by the State or minor. All evidence shall be
14		admissible if it is relevant and reliable regardless of
15		whether it would be admissible under the rules of evidence
16		applicable at a trial. No hearing may be held unless the minor
17		is represented by counsel and no hearing shall be held until
18		the minor has had adequate opportunity to consult with
19		counsel.
20		(1) If the court finds that there is not probable cause to
21		believe that the minor is a delinquent minor, it shall release
22		the minor and dismiss the petition.
23		(2) If the court finds that there is probable cause to
24		believe that the minor is a delinquent minor, the minor, his or
25		her parent, guardian, custodian and other persons able to give

HB5501 Engrossed - 2264 - LRB102 24698 AMC 33937 b
1		relevant testimony may be examined before the court. The court
2		may also consider any evidence by way of proffer based upon
3		reliable information offered by the State or the minor. All
4		evidence, including affidavits, shall be admissible if it is
5		relevant and reliable regardless of whether it would be
6		admissible under the rules of evidence applicable at trial.
7		After such evidence is presented, the court may enter an order
8		that the minor shall be released upon the request of a parent,
9		guardian or legal custodian if the parent, guardian or
10		custodian appears to take custody.
11		If the court finds that it is a matter of immediate and
12		urgent necessity for the protection of the minor or of the
13		person or property of another that the minor be detained or
14		placed in a shelter care facility or that he or she is likely
15		to flee the jurisdiction of the court, the court may prescribe
16		detention or shelter care and order that the minor be kept in a
17		suitable place designated by the court or in a shelter care
18		facility designated by the Department of Children and Family
19		Services or a licensed child welfare agency; otherwise it
20		shall release the minor from custody. If the court prescribes
21		shelter care, then in placing the minor, the Department or
22		other agency shall, to the extent compatible with the court's
23		order, comply with Section 7 of the Children and Family
24		Services Act. In making the determination of the existence of
25		immediate and urgent necessity, the court shall consider among
26		other matters: (a) the nature and seriousness of the alleged

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1		offense; (b) the minor's record of delinquency offenses,
2		including whether the minor has delinquency cases pending; (c)
3		the minor's record of willful failure to appear following the
4		issuance of a summons or warrant; (d) the availability of
5		non-custodial alternatives, including the presence of a
6		parent, guardian or other responsible relative able and
7		willing to provide supervision and care for the minor and to
8		assure his or her compliance with a summons. If the minor is
9		ordered placed in a shelter care facility of a licensed child
10		welfare agency, the court shall, upon request of the agency,
11		appoint the appropriate agency executive temporary custodian
12		of the minor and the court may enter such other orders related
13		to the temporary custody of the minor as it deems fit and
14		proper.
15		The order together with the court's findings of fact in
16		support of the order shall be entered of record in the court.
17		Once the court finds that it is a matter of immediate and
18		urgent necessity for the protection of the minor that the
19		minor be placed in a shelter care facility, the minor shall not
20		be returned to the parent, custodian or guardian until the
21		court finds that the placement is no longer necessary for the
22		protection of the minor.
23		(3) Only when there is reasonable cause to believe that
24		the minor taken into custody is a delinquent minor may the
25		minor be kept or detained in a facility authorized for
26		juvenile detention. This Section shall in no way be construed

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1		to limit subsection (4).
2		(4) (a) Minors 12 years of age or older must be kept
3		separate from confined adults and may not at any time be kept
4		in the same cell, room or yard with confined adults. This
5		paragraph (4): (a) shall only apply to confinement pending an
6		adjudicatory hearing and shall not exceed 40 hours, excluding
7		Saturdays, Sundays, and court designated holidays. To accept
8		or hold minors during this time period, county jails shall
9		comply with all monitoring standards adopted by the Department
10		of Corrections and training standards approved by the Illinois
11		Law Enforcement Training Standards Board.
12		(b) To accept or hold minors, 12 years of age or older,
13		after the time period prescribed in clause (a) of subsection
14		(4) of this Section but not exceeding 7 days including
15		Saturdays, Sundays, and holidays, pending an adjudicatory
16		hearing, county jails shall comply with all temporary
17		detention standards adopted by the Department of Corrections
18		and training standards approved by the Illinois Law
19		Enforcement Training Standards Board.
20		(c) To accept or hold minors 12 years of age or older,
21		after the time period prescribed in clause (a) and (b), of this
22		subsection, county jails shall comply with all county juvenile
23		detention standards adopted by the Department of Juvenile
24		Justice.
25		(5) If the minor is not brought before a judicial officer
26		within the time period as specified in Section 5-415, the

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1		minor must immediately be released from custody.
2		(6) If neither the parent, guardian, or legal custodian
3		appears within 24 hours to take custody of a minor released
4		from detention or shelter care, then the clerk of the court
5		shall set the matter for rehearing not later than 7 days after
6		the original order and shall issue a summons directed to the
7		parent, guardian, or legal custodian to appear. At the same
8		time the probation department shall prepare a report on the
9		minor. If a parent, guardian, or legal custodian does not
10		appear at such rehearing, the judge may enter an order
11		prescribing that the minor be kept in a suitable place
12		designated by the Department of Human Services or a licensed
13		child welfare agency. The time during which a minor is in
14		custody after being released upon the request of a parent,
15		guardian, or legal custodian shall be considered as time spent
16		in detention for purposes of scheduling the trial.
17		(7) Any party, including the State, the temporary
18		custodian, an agency providing services to the minor or family
19		under a service plan pursuant to Section 8.2 of the Abused and
20		Neglected Child Reporting Act, foster parent, or any of their
21		representatives, may file a motion to modify or vacate a
22		temporary custody order or vacate a detention or shelter care
23		order on any of the following grounds:
24		(a) It is no longer a matter of immediate and urgent
25		necessity that the minor remain in detention or shelter
26		care; or

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1		(b) There is a material change in the circumstances of
2		the natural family from which the minor was removed; or
3		(c) A person, including a parent, relative, or legal
4		guardian, is capable of assuming temporary custody of the
5		minor; or
6		(d) Services provided by the Department of Children
7		and Family Services or a child welfare agency or other
8		service provider have been successful in eliminating the
9		need for temporary custody.
10		The clerk shall set the matter for hearing not later than
11		14 days after such motion is filed. In the event that the court
12		modifies or vacates a temporary order but does not vacate its
13		finding of probable cause, the court may order that
14		appropriate services be continued or initiated on in behalf of
15		the minor and his or her family.
16		(8) Whenever a petition has been filed under Section
17		5-520, the court can, at any time prior to trial or sentencing,
18		order that the minor be placed in detention or a shelter care
19		facility after the court conducts a hearing and finds that the
20		conduct and behavior of the minor may endanger the health,
21		person, welfare, or property of himself or others or that the
22		circumstances of his or her home environment may endanger his
23		or her health, person, welfare, or property.
24		(Source: P.A. 98-685, eff. 1-1-15.)
25		(Text of Section after amendment by P.A. 102-654)

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1		Sec. 5-501. Detention or shelter care hearing. At the
2		appearance of the minor before the court at the detention or
3		shelter care hearing, the court shall receive all relevant
4		information and evidence, including affidavits concerning the
5		allegations made in the petition. Evidence used by the court
6		in its findings or stated in or offered in connection with this
7		Section may be by way of proffer based on reliable information
8		offered by the State or minor. All evidence shall be
9		admissible if it is relevant and reliable regardless of
10		whether it would be admissible under the rules of evidence
11		applicable at a trial. No hearing may be held unless the minor
12		is represented by counsel and no hearing shall be held until
13		the minor has had adequate opportunity to consult with
14		counsel.
15		(1) If the court finds that there is not probable cause to
16		believe that the minor is a delinquent minor, it shall release
17		the minor and dismiss the petition.
18		(2) If the court finds that there is probable cause to
19		believe that the minor is a delinquent minor, the minor, his or
20		her parent, guardian, custodian and other persons able to give
21		relevant testimony may be examined before the court. The court
22		may also consider any evidence by way of proffer based upon
23		reliable information offered by the State or the minor. All
24		evidence, including affidavits, shall be admissible if it is
25		relevant and reliable regardless of whether it would be
26		admissible under the rules of evidence applicable at trial.

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1		After such evidence is presented, the court may enter an order
2		that the minor shall be released upon the request of a parent,
3		guardian or legal custodian if the parent, guardian or
4		custodian appears to take custody.
5		If the court finds that it is a matter of immediate and
6		urgent necessity for the protection of the minor or of the
7		person or property of another that the minor be detained or
8		placed in a shelter care facility or that he or she is likely
9		to flee the jurisdiction of the court, the court may prescribe
10		detention or shelter care and order that the minor be kept in a
11		suitable place designated by the court or in a shelter care
12		facility designated by the Department of Children and Family
13		Services or a licensed child welfare agency; otherwise it
14		shall release the minor from custody. If the court prescribes
15		shelter care, then in placing the minor, the Department or
16		other agency shall, to the extent compatible with the court's
17		order, comply with Section 7 of the Children and Family
18		Services Act. In making the determination of the existence of
19		immediate and urgent necessity, the court shall consider among
20		other matters: (a) the nature and seriousness of the alleged
21		offense; (b) the minor's record of delinquency offenses,
22		including whether the minor has delinquency cases pending; (c)
23		the minor's record of willful failure to appear following the
24		issuance of a summons or warrant; (d) the availability of
25		non-custodial alternatives, including the presence of a
26		parent, guardian or other responsible relative able and

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1		willing to provide supervision and care for the minor and to
2		assure his or her compliance with a summons. If the minor is
3		ordered placed in a shelter care facility of a licensed child
4		welfare agency, the court shall, upon request of the agency,
5		appoint the appropriate agency executive temporary custodian
6		of the minor and the court may enter such other orders related
7		to the temporary custody of the minor as it deems fit and
8		proper.
9		If the court Court prescribes detention, and the minor is
10		a youth in care of the Department of Children and Family
11		Services, a hearing shall be held every 14 days to determine
12		whether there is an urgent and immediate necessity to detain
13		the minor for the protection of the person or property of
14		another. If urgent and immediate necessity is not found on the
15		basis of the protection of the person or property of another,
16		the minor shall be released to the custody of the Department of
17		Children and Family Services. If the court Court prescribes
18		detention based on the minor being likely to flee the
19		jurisdiction, and the minor is a youth in care of the
20		Department of Children and Family Services, a hearing shall be
21		held every 7 days for status on the location of shelter care
22		placement by the Department of Children and Family Services.
23		Detention shall not be used as a shelter care placement for
24		minors in the custody or guardianship of the Department of
25		Children and Family Services.
26		The order together with the court's findings of fact in

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1		support of the order shall be entered of record in the court.
2		Once the court finds that it is a matter of immediate and
3		urgent necessity for the protection of the minor that the
4		minor be placed in a shelter care facility, the minor shall not
5		be returned to the parent, custodian or guardian until the
6		court finds that the placement is no longer necessary for the
7		protection of the minor.
8		(3) Only when there is reasonable cause to believe that
9		the minor taken into custody is a delinquent minor may the
10		minor be kept or detained in a facility authorized for
11		juvenile detention. This Section shall in no way be construed
12		to limit subsection (4).
13		(4) (a) Minors 12 years of age or older must be kept
14		separate from confined adults and may not at any time be kept
15		in the same cell, room or yard with confined adults. This
16		paragraph (4): (a) shall only apply to confinement pending an
17		adjudicatory hearing and shall not exceed 40 hours, excluding
18		Saturdays, Sundays, and court designated holidays. To accept
19		or hold minors during this time period, county jails shall
20		comply with all monitoring standards adopted by the Department
21		of Corrections and training standards approved by the Illinois
22		Law Enforcement Training Standards Board.
23		(b) To accept or hold minors, 12 years of age or older,
24		after the time period prescribed in clause (a) of subsection
25		(4) of this Section but not exceeding 7 days including
26		Saturdays, Sundays, and holidays, pending an adjudicatory

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1		hearing, county jails shall comply with all temporary
2		detention standards adopted by the Department of Corrections
3		and training standards approved by the Illinois Law
4		Enforcement Training Standards Board.
5		(c) To accept or hold minors 12 years of age or older,
6		after the time period prescribed in clause (a) and (b), of this
7		subsection, county jails shall comply with all county juvenile
8		detention standards adopted by the Department of Juvenile
9		Justice.
10		(5) If the minor is not brought before a judicial officer
11		within the time period as specified in Section 5-415, the
12		minor must immediately be released from custody.
13		(6) If neither the parent, guardian, or legal custodian
14		appears within 24 hours to take custody of a minor released
15		from detention or shelter care, then the clerk of the court
16		shall set the matter for rehearing not later than 7 days after
17		the original order and shall issue a summons directed to the
18		parent, guardian, or legal custodian to appear. At the same
19		time the probation department shall prepare a report on the
20		minor. If a parent, guardian, or legal custodian does not
21		appear at such rehearing, the judge may enter an order
22		prescribing that the minor be kept in a suitable place
23		designated by the Department of Human Services or a licensed
24		child welfare agency. The time during which a minor is in
25		custody after being released upon the request of a parent,
26		guardian, or legal custodian shall be considered as time spent

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1		in detention for purposes of scheduling the trial.
2		(7) Any party, including the State, the temporary
3		custodian, an agency providing services to the minor or family
4		under a service plan pursuant to Section 8.2 of the Abused and
5		Neglected Child Reporting Act, foster parent, or any of their
6		representatives, may file a motion to modify or vacate a
7		temporary custody order or vacate a detention or shelter care
8		order on any of the following grounds:
9		(a) It is no longer a matter of immediate and urgent
10		necessity that the minor remain in detention or shelter
11		care; or
12		(b) There is a material change in the circumstances of
13		the natural family from which the minor was removed; or
14		(c) A person, including a parent, relative, or legal
15		guardian, is capable of assuming temporary custody of the
16		minor; or
17		(d) Services provided by the Department of Children
18		and Family Services or a child welfare agency or other
19		service provider have been successful in eliminating the
20		need for temporary custody.
21		The clerk shall set the matter for hearing not later than
22		14 days after such motion is filed. In the event that the court
23		modifies or vacates a temporary order but does not vacate its
24		finding of probable cause, the court may order that
25		appropriate services be continued or initiated on in behalf of
26		the minor and his or her family.

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1		(8) Whenever a petition has been filed under Section
2		5-520, the court can, at any time prior to trial or sentencing,
3		order that the minor be placed in detention or a shelter care
4		facility after the court conducts a hearing and finds that the
5		conduct and behavior of the minor may endanger the health,
6		person, welfare, or property of himself or others or that the
7		circumstances of his or her home environment may endanger his
8		or her health, person, welfare, or property.
9		(Source: P.A. 102-654, eff. 1-1-23; revised 11-24-21.)
10		(705 ILCS 405/5-901)
11		Sec. 5-901. Court file.
12		(1) The Court file with respect to proceedings under this
13		Article shall consist of the petitions, pleadings, victim
14		impact statements, process, service of process, orders, writs
15		and docket entries reflecting hearings held and judgments and
16		decrees entered by the court. The court file shall be kept
17		separate from other records of the court.
18		(a) The file, including information identifying the
19		victim or alleged victim of any sex offense, shall be
20		disclosed only to the following parties when necessary for
21		discharge of their official duties:
22		(i) A judge of the circuit court and members of the
23		staff of the court designated by the judge;
24		(ii) Parties to the proceedings and their
25		attorneys;

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1		(iii) Victims and their attorneys, except in cases
2		of multiple victims of sex offenses in which case the
3		information identifying the nonrequesting victims
4		shall be redacted;
5		(iv) Probation officers, law enforcement officers
6		or prosecutors or their staff;
7		(v) Adult and juvenile Prisoner Review Boards.
8		(b) The Court file redacted to remove any information
9		identifying the victim or alleged victim of any sex
10		offense shall be disclosed only to the following parties
11		when necessary for discharge of their official duties:
12		(i) Authorized military personnel;
13		(ii) Persons engaged in bona fide research, with
14		the permission of the judge of the juvenile court and
15		the chief executive of the agency that prepared the
16		particular recording: provided that publication of
17		such research results in no disclosure of a minor's
18		identity and protects the confidentiality of the
19		record;
20		(iii) The Secretary of State to whom the Clerk of
21		the Court shall report the disposition of all cases,
22		as required in Section 6-204 or Section 6-205.1 of the
23		Illinois Vehicle Code. However, information reported
24		relative to these offenses shall be privileged and
25		available only to the Secretary of State, courts, and
26		police officers;

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1		(iv) The administrator of a bonafide substance
2		abuse student assistance program with the permission
3		of the presiding judge of the juvenile court;
4		(v) Any individual, or any public or private
5		agency or institution, having custody of the juvenile
6		under court order or providing educational, medical or
7		mental health services to the juvenile or a
8		court-approved advocate for the juvenile or any
9		placement provider or potential placement provider as
10		determined by the court.
11		(2) (Reserved).
12		(3) A minor who is the victim or alleged victim in a
13		juvenile proceeding shall be provided the same confidentiality
14		regarding disclosure of identity as the minor who is the
15		subject of record. Information identifying victims and alleged
16		victims of sex offenses, shall not be disclosed or open to
17		public inspection under any circumstances. Nothing in this
18		Section shall prohibit the victim or alleged victim of any sex
19		offense from voluntarily disclosing his or her identity.
20		(4) Relevant information, reports and records shall be
21		made available to the Department of Juvenile Justice when a
22		juvenile offender has been placed in the custody of the
23		Department of Juvenile Justice.
24		(4.5) Relevant information, reports and records, held by
25		the Department of Juvenile Justice, including social
26		investigation, psychological and medical records, of any

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1		juvenile offender, shall be made available to any county
2		juvenile detention facility upon written request by the
3		Superintendent or Director of that juvenile detention
4		facility, to the Chief Records Officer of the Department of
5		Juvenile Justice where the subject youth is or was in the
6		custody of the Department of Juvenile Justice and is
7		subsequently ordered to be held in a county juvenile detention
8		facility.
9		(5) Except as otherwise provided in this subsection (5),
10		juvenile court records shall not be made available to the
11		general public but may be inspected by representatives of
12		agencies, associations and news media or other properly
13		interested persons by general or special order of the court.
14		The State's Attorney, the minor, his or her parents, guardian
15		and counsel shall at all times have the right to examine court
16		files and records.
17		(a) The court shall allow the general public to have
18		access to the name, address, and offense of a minor who is
19		adjudicated a delinquent minor under this Act under either
20		of the following circumstances:
21		(i) The adjudication of delinquency was based upon
22		the minor's commission of first degree murder, attempt
23		to commit first degree murder, aggravated criminal
24		sexual assault, or criminal sexual assault; or
25		(ii) The court has made a finding that the minor
26		was at least 13 years of age at the time the act was

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1		committed and the adjudication of delinquency was
2		based upon the minor's commission of: (A) an act in
3		furtherance of the commission of a felony as a member
4		of or on behalf of a criminal street gang, (B) an act
5		involving the use of a firearm in the commission of a
6		felony, (C) an act that would be a Class X felony
7		offense under or the minor's second or subsequent
8		Class 2 or greater felony offense under the Cannabis
9		Control Act if committed by an adult, (D) an act that
10		would be a second or subsequent offense under Section
11		402 of the Illinois Controlled Substances Act if
12		committed by an adult, (E) an act that would be an
13		offense under Section 401 of the Illinois Controlled
14		Substances Act if committed by an adult, or (F) an act
15		that would be an offense under the Methamphetamine
16		Control and Community Protection Act if committed by
17		an adult.
18		(b) The court shall allow the general public to have
19		access to the name, address, and offense of a minor who is
20		at least 13 years of age at the time the offense is
21		committed and who is convicted, in criminal proceedings
22		permitted or required under Section 5-805, under either of
23		the following circumstances:
24		(i) The minor has been convicted of first degree
25		murder, attempt to commit first degree murder,
26		aggravated criminal sexual assault, or criminal sexual

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1		assault,
2		(ii) The court has made a finding that the minor
3		was at least 13 years of age at the time the offense
4		was committed and the conviction was based upon the
5		minor's commission of: (A) an offense in furtherance
6		of the commission of a felony as a member of or on
7		behalf of a criminal street gang, (B) an offense
8		involving the use of a firearm in the commission of a
9		felony, (C) a Class X felony offense under the
10		Cannabis Control Act or a second or subsequent Class 2
11		or greater felony offense under the Cannabis Control
12		Act, (D) a second or subsequent offense under Section
13		402 of the Illinois Controlled Substances Act, (E) an
14		offense under Section 401 of the Illinois Controlled
15		Substances Act, or (F) an offense under the
16		Methamphetamine Control and Community Protection Act.
17		(6) Nothing in this Section shall be construed to limit
18		the use of an adjudication of delinquency as evidence in any
19		juvenile or criminal proceeding, where it would otherwise be
20		admissible under the rules of evidence, including, but not
21		limited to, use as impeachment evidence against any witness,
22		including the minor if he or she testifies.
23		(7) Nothing in this Section shall affect the right of a
24		Civil Service Commission or appointing authority examining the
25		character and fitness of an applicant for a position as a law
26		enforcement officer to ascertain whether that applicant was

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1		ever adjudicated to be a delinquent minor and, if so, to
2		examine the records or evidence which were made in proceedings
3		under this Act.
4		(8) Following any adjudication of delinquency for a crime
5		which would be a felony if committed by an adult, or following
6		any adjudication of delinquency for a violation of Section
7		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
8		Criminal Code of 2012, the State's Attorney shall ascertain
9		whether the minor respondent is enrolled in school and, if so,
10		shall provide a copy of the sentencing order to the principal
11		or chief administrative officer of the school. Access to such
12		juvenile records shall be limited to the principal or chief
13		administrative officer of the school and any school counselor
14		designated by him or her.
15		(9) Nothing contained in this Act prevents the sharing or
16		disclosure of information or records relating or pertaining to
17		juveniles subject to the provisions of the Serious Habitual
18		Offender Comprehensive Action Program when that information is
19		used to assist in the early identification and treatment of
20		habitual juvenile offenders.
21		(10) (Reserved).
22		(11) The Clerk of the Circuit Court shall report to the
23		Illinois State Police, in the form and manner required by the
24		Illinois State Police, the final disposition of each minor who
25		has been arrested or taken into custody before his or her 18th
26		birthday for those offenses required to be reported under

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1		Section 5 of the Criminal Identification Act. Information
2		reported to the Illinois State Police Department under this
3		Section may be maintained with records that the Illinois State
4		Police Department files under Section 2.1 of the Criminal
5		Identification Act.
6		(12) Information or records may be disclosed to the
7		general public when the court is conducting hearings under
8		Section 5-805 or 5-810.
9		(13) The changes made to this Section by Public Act 98-61
10		apply to juvenile court records of a minor who has been
11		arrested or taken into custody on or after January 1, 2014 (the
12		effective date of Public Act 98-61).
13		(Source: P.A. 102-197, eff. 7-30-21; 102-320, eff. 8-6-21;
14		102-538, eff. 8-20-21; revised 10-12-21.)
15		Section 600. The Court of Claims Act is amended by
16		changing Section 22 as follows:
17		(705 ILCS 505/22) (from Ch. 37, par. 439.22)
18		Sec. 22. Every claim cognizable by the court and not
19		otherwise sooner barred by law shall be forever barred from
20		prosecution therein unless it is filed with the clerk of the
21		court within the time set forth as follows:
22		(a) All claims arising out of a contract must be filed
23		within 5 years after it first accrues, saving to minors,
24		and persons under legal disability at the time the claim

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1		accrues, in which cases the claim must be filed within 5
2		years from the time the disability ceases.
3		(b) All claims cognizable against the State by vendors
4		of goods or services under the Illinois Public Aid Code
5		must be filed file within one year after the accrual of the
6		cause of action, as provided in Section 11-13 of that
7		Code.
8		(c) All claims arising under paragraph (c) of Section
9		8 of this Act must be automatically heard by the court
10		within 120 days after the person asserting such claim is
11		either issued a certificate of innocence from the circuit
12		court as provided in Section 2-702 of the Code of Civil
13		Procedure, or is granted a pardon by the Governor,
14		whichever occurs later, without the person asserting the
15		claim being required to file a petition under Section 11
16		of this Act, except as otherwise provided by the Crime
17		Victims Compensation Act. Any claims filed by the claimant
18		under paragraph (c) of Section 8 of this Act must be filed
19		within 2 years after the person asserting such claim is
20		either issued a certificate of innocence as provided in
21		Section 2-702 of the Code of Civil Procedure, or is
22		granted a pardon by the Governor, whichever occurs later.
23		(d) All claims arising under paragraph (f) of Section
24		8 of this Act must be filed within the time set forth in
25		Section 3 of the Line of Duty Compensation Act.
26		(e) All claims arising under paragraph (h) of Section

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1		8 of this Act must be filed within one year of the date of
2		the death of the guardsman or militiaman as provided in
3		Section 3 of the Illinois National Guardsman's
4		Compensation Act.
5		(f) All claims arising under paragraph (g) of Section
6		8 of this Act must be filed within one year of the crime on
7		which a claim is based as provided in Section 6.1 of the
8		Crime Victims Compensation Act.
9		(g) All claims arising from the Comptroller's refusal
10		to issue a replacement warrant pursuant to Section 10.10
11		of the State Comptroller Act must be filed within 5 years
12		after the date of the Comptroller's refusal.
13		(h) All other claims must be filed within 2 years
14		after it first accrues, saving to minors, and persons
15		under legal disability at the time the claim accrues, in
16		which case the claim must be filed within 2 years from the
17		time the disability ceases.
18		(i) The changes made by Public Act 86-458 apply to all
19		warrants issued within the 5-year period preceding August
20		31, 1989 (the effective date of Public Act 86-458). The
21		changes made to this Section by Public Act 100-1124 apply
22		to claims pending on November 27, 2018 (the effective date
23		of Public Act 100-1124) and to claims filed thereafter.
24		(j) All time limitations established under this Act
25		and the rules promulgated under this Act shall be binding
26		and jurisdictional, except upon extension authorized by

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1		law or rule and granted pursuant to a motion timely filed.
2		(Source: P.A. 102-558, eff. 8-20-21; revised 11-24-21.)
3		Section 605. The Criminal Code of 2012 is amended by
4		changing Sections 12-7.1, 24-3, and 24-8 as follows:
5		(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
6		Sec. 12-7.1. Hate crime.
7		(a) A person commits hate crime when, by reason of the
8		actual or perceived race, color, creed, religion, ancestry,
9		gender, sexual orientation, physical or mental disability,
10		citizenship, immigration status, or national origin of another
11		individual or group of individuals, regardless of the
12		existence of any other motivating factor or factors, he or she
13		commits assault, battery, aggravated assault, intimidation,
14		stalking, cyberstalking, misdemeanor theft, criminal trespass
15		to residence, misdemeanor criminal damage to property,
16		criminal trespass to vehicle, criminal trespass to real
17		property, mob action, disorderly conduct, transmission of
18		obscene messages, harassment by telephone, or harassment
19		through electronic communications as these crimes are defined
20		in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4,
21		21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs
22		(a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs
23		(a)(2) and (a)(5) of Section 26.5-3 of this Code,
24		respectively.

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1		(b) Except as provided in subsection (b-5), hate crime is
2		a Class 4 felony for a first offense and a Class 2 felony for a
3		second or subsequent offense.
4		(b-5) Hate crime is a Class 3 felony for a first offense
5		and a Class 2 felony for a second or subsequent offense if
6		committed:
7		(1) in, or upon the exterior or grounds of, a church,
8		synagogue, mosque, or other building, structure, or place
9		identified or associated with a particular religion or
10		used for religious worship or other religious purpose;
11		(2) in a cemetery, mortuary, or other facility used
12		for the purpose of burial or memorializing the dead;
13		(3) in a school or other educational facility,
14		including an administrative facility or public or private
15		dormitory facility of or associated with the school or
16		other educational facility;
17		(4) in a public park or an ethnic or religious
18		community center;
19		(5) on the real property comprising any location
20		specified in clauses (1) through (4) of this subsection
21		(b-5); or
22		(6) on a public way within 1,000 feet of the real
23		property comprising any location specified in clauses (1)
24		through (4) of this subsection (b-5).
25		(b-10) Upon imposition of any sentence, the trial court
26		shall also either order restitution paid to the victim or

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1		impose a fine in an amount to be determined by the court based
2		on the severity of the crime and the injury or damages suffered
3		by the victim. In addition, any order of probation or
4		conditional discharge entered following a conviction or an
5		adjudication of delinquency shall include a condition that the
6		offender perform public or community service of no less than
7		200 hours if that service is established in the county where
8		the offender was convicted of hate crime. In addition, any
9		order of probation or conditional discharge entered following
10		a conviction or an adjudication of delinquency shall include a
11		condition that the offender enroll in an educational program
12		discouraging hate crimes involving the protected class
13		identified in subsection (a) that gave rise to the offense the
14		offender committed. The educational program must be attended
15		by the offender in-person and may be administered, as
16		determined by the court, by a university, college, community
17		college, non-profit organization, the Illinois Holocaust and
18		Genocide Commission, or any other organization that provides
19		educational programs discouraging hate crimes, except that
20		programs administered online or that can otherwise be attended
21		remotely are prohibited. The court may also impose any other
22		condition of probation or conditional discharge under this
23		Section. If the court sentences the offender to imprisonment
24		or periodic imprisonment for a violation of this Section, as a
25		condition of the offender's mandatory supervised release, the
26		court shall require that the offender perform public or

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1		community service of no less than 200 hours and enroll in an
2		educational program discouraging hate crimes involving the
3		protected class identified in subsection (a) that gave rise to
4		the offense the offender committed.
5		(c) Independent of any criminal prosecution or the result
6		of a criminal prosecution, any person suffering injury to his
7		or her person, damage to his or her property, intimidation as
8		defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
9		12-6 of this Code, stalking as defined in Section 12-7.3 of
10		this Code, cyberstalking as defined in Section 12-7.5 of this
11		Code, disorderly conduct as defined in paragraph (a)(1),
12		(a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code,
13		transmission of obscene messages as defined in Section 26.5-1
14		of this Code, harassment by telephone as defined in Section
15		26.5-2 of this Code, or harassment through electronic
16		communications as defined in paragraphs (a)(2) and (a)(5) of
17		Section 26.5-3 of this Code as a result of a hate crime may
18		bring a civil action for damages, injunction or other
19		appropriate relief. The court may award actual damages,
20		including damages for emotional distress, as well as punitive
21		damages. The court may impose a civil penalty up to $25,000 for
22		each violation of this subsection (c). A judgment in favor of a
23		person who brings a civil action under this subsection (c)
24		shall include attorney's fees and costs. After consulting with
25		the local State's Attorney, the Attorney General may bring a
26		civil action in the name of the People of the State for an

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1		injunction or other equitable relief under this subsection
2		(c). In addition, the Attorney General may request and the
3		court may impose a civil penalty up to $25,000 for each
4		violation under this subsection (c). The parents or legal
5		guardians, other than guardians appointed pursuant to the
6		Juvenile Court Act or the Juvenile Court Act of 1987, of an
7		unemancipated minor shall be liable for the amount of any
8		judgment for all damages rendered against such minor under
9		this subsection (c) in any amount not exceeding the amount
10		provided under Section 5 of the Parental Responsibility Law.
11		(d) "Sexual orientation" has the meaning ascribed to it in
12		paragraph (O-1) of Section 1-103 of the Illinois Human Rights
13		Act.
14		(Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22;
15		revised 11-18-21.)
16		(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
17		Sec. 24-3. Unlawful sale or delivery of firearms.
18		(A) A person commits the offense of unlawful sale or
19		delivery of firearms when he or she knowingly does any of the
20		following:
21		(a) Sells or gives any firearm of a size which may be
22		concealed upon the person to any person under 18 years of
23		age.
24		(b) Sells or gives any firearm to a person under 21
25		years of age who has been convicted of a misdemeanor other

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1		than a traffic offense or adjudged delinquent.
2		(c) Sells or gives any firearm to any narcotic addict.
3		(d) Sells or gives any firearm to any person who has
4		been convicted of a felony under the laws of this or any
5		other jurisdiction.
6		(e) Sells or gives any firearm to any person who has
7		been a patient in a mental institution within the past 5
8		years. In this subsection (e):
9		"Mental institution" means any hospital,
10		institution, clinic, evaluation facility, mental
11		health center, or part thereof, which is used
12		primarily for the care or treatment of persons with
13		mental illness.
14		"Patient in a mental institution" means the person
15		was admitted, either voluntarily or involuntarily, to
16		a mental institution for mental health treatment,
17		unless the treatment was voluntary and solely for an
18		alcohol abuse disorder and no other secondary
19		substance abuse disorder or mental illness.
20		(f) Sells or gives any firearms to any person who is a
21		person with an intellectual disability.
22		(g) Delivers any firearm, incidental to a sale,
23		without withholding delivery of the firearm for at least
24		72 hours after application for its purchase has been made,
25		or delivers a stun gun or taser, incidental to a sale,
26		without withholding delivery of the stun gun or taser for

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1		at least 24 hours after application for its purchase has
2		been made. However, this paragraph (g) does not apply to:
3		(1) the sale of a firearm to a law enforcement officer if
4		the seller of the firearm knows that the person to whom he
5		or she is selling the firearm is a law enforcement officer
6		or the sale of a firearm to a person who desires to
7		purchase a firearm for use in promoting the public
8		interest incident to his or her employment as a bank
9		guard, armed truck guard, or other similar employment; (2)
10		a mail order sale of a firearm from a federally licensed
11		firearms dealer to a nonresident of Illinois under which
12		the firearm is mailed to a federally licensed firearms
13		dealer outside the boundaries of Illinois; (3) (blank);
14		(4) the sale of a firearm to a dealer licensed as a federal
15		firearms dealer under Section 923 of the federal Gun
16		Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
17		sale of any rifle, shotgun, or other long gun to a resident
18		registered competitor or attendee or non-resident
19		registered competitor or attendee by any dealer licensed
20		as a federal firearms dealer under Section 923 of the
21		federal Gun Control Act of 1968 at competitive shooting
22		events held at the World Shooting Complex sanctioned by a
23		national governing body. For purposes of transfers or
24		sales under subparagraph (5) of this paragraph (g), the
25		Department of Natural Resources shall give notice to the
26		Illinois State Police at least 30 calendar days prior to

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1		any competitive shooting events at the World Shooting
2		Complex sanctioned by a national governing body. The
3		notification shall be made on a form prescribed by the
4		Illinois State Police. The sanctioning body shall provide
5		a list of all registered competitors and attendees at
6		least 24 hours before the events to the Illinois State
7		Police. Any changes to the list of registered competitors
8		and attendees shall be forwarded to the Illinois State
9		Police as soon as practicable. The Illinois State Police
10		must destroy the list of registered competitors and
11		attendees no later than 30 days after the date of the
12		event. Nothing in this paragraph (g) relieves a federally
13		licensed firearm dealer from the requirements of
14		conducting a NICS background check through the Illinois
15		Point of Contact under 18 U.S.C. 922(t). For purposes of
16		this paragraph (g), "application" means when the buyer and
17		seller reach an agreement to purchase a firearm. For
18		purposes of this paragraph (g), "national governing body"
19		means a group of persons who adopt rules and formulate
20		policy on behalf of a national firearm sporting
21		organization.
22		(h) While holding any license as a dealer, importer,
23		manufacturer or pawnbroker under the federal Gun Control
24		Act of 1968, manufactures, sells or delivers to any
25		unlicensed person a handgun having a barrel, slide, frame
26		or receiver which is a die casting of zinc alloy or any

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1		other nonhomogeneous metal which will melt or deform at a
2		temperature of less than 800 degrees Fahrenheit. For
3		purposes of this paragraph, (1) "firearm" is defined as in
4		the Firearm Owners Identification Card Act; and (2)
5		"handgun" is defined as a firearm designed to be held and
6		fired by the use of a single hand, and includes a
7		combination of parts from which such a firearm can be
8		assembled.
9		(i) Sells or gives a firearm of any size to any person
10		under 18 years of age who does not possess a valid Firearm
11		Owner's Identification Card.
12		(j) Sells or gives a firearm while engaged in the
13		business of selling firearms at wholesale or retail
14		without being licensed as a federal firearms dealer under
15		Section 923 of the federal Gun Control Act of 1968 (18
16		U.S.C. 923). In this paragraph (j):
17		A person "engaged in the business" means a person who
18		devotes time, attention, and labor to engaging in the
19		activity as a regular course of trade or business with the
20		principal objective of livelihood and profit, but does not
21		include a person who makes occasional repairs of firearms
22		or who occasionally fits special barrels, stocks, or
23		trigger mechanisms to firearms.
24		"With the principal objective of livelihood and
25		profit" means that the intent underlying the sale or
26		disposition of firearms is predominantly one of obtaining

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1		livelihood and pecuniary gain, as opposed to other
2		intents, such as improving or liquidating a personal
3		firearms collection; however, proof of profit shall not be
4		required as to a person who engages in the regular and
5		repetitive purchase and disposition of firearms for
6		criminal purposes or terrorism.
7		(k) Sells or transfers ownership of a firearm to a
8		person who does not display to the seller or transferor of
9		the firearm either: (1) a currently valid Firearm Owner's
10		Identification Card that has previously been issued in the
11		transferee's name by the Illinois State Police under the
12		provisions of the Firearm Owners Identification Card Act;
13		or (2) a currently valid license to carry a concealed
14		firearm that has previously been issued in the
15		transferee's name by the Illinois State Police under the
16		Firearm Concealed Carry Act. This paragraph (k) does not
17		apply to the transfer of a firearm to a person who is
18		exempt from the requirement of possessing a Firearm
19		Owner's Identification Card under Section 2 of the Firearm
20		Owners Identification Card Act. For the purposes of this
21		Section, a currently valid Firearm Owner's Identification
22		Card or license to carry a concealed firearm means receipt
23		of an approval number issued in accordance with subsection
24		(a-10) of Section subsection 3 or Section 3.1 of the
25		Firearm Owners Identification Card Act.
26		(1) In addition to the other requirements of this

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1		paragraph (k), all persons who are not federally
2		licensed firearms dealers must also have complied with
3		subsection (a-10) of Section 3 of the Firearm Owners
4		Identification Card Act by determining the validity of
5		a purchaser's Firearm Owner's Identification Card.
6		(2) All sellers or transferors who have complied
7		with the requirements of subparagraph (1) of this
8		paragraph (k) shall not be liable for damages in any
9		civil action arising from the use or misuse by the
10		transferee of the firearm transferred, except for
11		willful or wanton misconduct on the part of the seller
12		or transferor.
13		(l) Not being entitled to the possession of a firearm,
14		delivers the firearm, knowing it to have been stolen or
15		converted. It may be inferred that a person who possesses
16		a firearm with knowledge that its serial number has been
17		removed or altered has knowledge that the firearm is
18		stolen or converted.
19		(B) Paragraph (h) of subsection (A) does not include
20		firearms sold within 6 months after enactment of Public Act
21		78-355 (approved August 21, 1973, effective October 1, 1973),
22		nor is any firearm legally owned or possessed by any citizen or
23		purchased by any citizen within 6 months after the enactment
24		of Public Act 78-355 subject to confiscation or seizure under
25		the provisions of that Public Act. Nothing in Public Act
26		78-355 shall be construed to prohibit the gift or trade of any

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1		firearm if that firearm was legally held or acquired within 6
2		months after the enactment of that Public Act.
3		(C) Sentence.
4		(1) Any person convicted of unlawful sale or delivery
5		of firearms in violation of paragraph (c), (e), (f), (g),
6		or (h) of subsection (A) commits a Class 4 felony.
7		(2) Any person convicted of unlawful sale or delivery
8		of firearms in violation of paragraph (b) or (i) of
9		subsection (A) commits a Class 3 felony.
10		(3) Any person convicted of unlawful sale or delivery
11		of firearms in violation of paragraph (a) of subsection
12		(A) commits a Class 2 felony.
13		(4) Any person convicted of unlawful sale or delivery
14		of firearms in violation of paragraph (a), (b), or (i) of
15		subsection (A) in any school, on the real property
16		comprising a school, within 1,000 feet of the real
17		property comprising a school, at a school related
18		activity, or on or within 1,000 feet of any conveyance
19		owned, leased, or contracted by a school or school
20		district to transport students to or from school or a
21		school related activity, regardless of the time of day or
22		time of year at which the offense was committed, commits a
23		Class 1 felony. Any person convicted of a second or
24		subsequent violation of unlawful sale or delivery of
25		firearms in violation of paragraph (a), (b), or (i) of
26		subsection (A) in any school, on the real property

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1		comprising a school, within 1,000 feet of the real
2		property comprising a school, at a school related
3		activity, or on or within 1,000 feet of any conveyance
4		owned, leased, or contracted by a school or school
5		district to transport students to or from school or a
6		school related activity, regardless of the time of day or
7		time of year at which the offense was committed, commits a
8		Class 1 felony for which the sentence shall be a term of
9		imprisonment of no less than 5 years and no more than 15
10		years.
11		(5) Any person convicted of unlawful sale or delivery
12		of firearms in violation of paragraph (a) or (i) of
13		subsection (A) in residential property owned, operated, or
14		managed by a public housing agency or leased by a public
15		housing agency as part of a scattered site or mixed-income
16		development, in a public park, in a courthouse, on
17		residential property owned, operated, or managed by a
18		public housing agency or leased by a public housing agency
19		as part of a scattered site or mixed-income development,
20		on the real property comprising any public park, on the
21		real property comprising any courthouse, or on any public
22		way within 1,000 feet of the real property comprising any
23		public park, courthouse, or residential property owned,
24		operated, or managed by a public housing agency or leased
25		by a public housing agency as part of a scattered site or
26		mixed-income development commits a Class 2 felony.

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1		(6) Any person convicted of unlawful sale or delivery
2		of firearms in violation of paragraph (j) of subsection
3		(A) commits a Class A misdemeanor. A second or subsequent
4		violation is a Class 4 felony.
5		(7) Any person convicted of unlawful sale or delivery
6		of firearms in violation of paragraph (k) of subsection
7		(A) commits a Class 4 felony, except that a violation of
8		subparagraph (1) of paragraph (k) of subsection (A) shall
9		not be punishable as a crime or petty offense. A third or
10		subsequent conviction for a violation of paragraph (k) of
11		subsection (A) is a Class 1 felony.
12		(8) A person 18 years of age or older convicted of
13		unlawful sale or delivery of firearms in violation of
14		paragraph (a) or (i) of subsection (A), when the firearm
15		that was sold or given to another person under 18 years of
16		age was used in the commission of or attempt to commit a
17		forcible felony, shall be fined or imprisoned, or both,
18		not to exceed the maximum provided for the most serious
19		forcible felony so committed or attempted by the person
20		under 18 years of age who was sold or given the firearm.
21		(9) Any person convicted of unlawful sale or delivery
22		of firearms in violation of paragraph (d) of subsection
23		(A) commits a Class 3 felony.
24		(10) Any person convicted of unlawful sale or delivery
25		of firearms in violation of paragraph (l) of subsection
26		(A) commits a Class 2 felony if the delivery is of one

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1		firearm. Any person convicted of unlawful sale or delivery
2		of firearms in violation of paragraph (l) of subsection
3		(A) commits a Class 1 felony if the delivery is of not less
4		than 2 and not more than 5 firearms at the same time or
5		within a one-year one year period. Any person convicted of
6		unlawful sale or delivery of firearms in violation of
7		paragraph (l) of subsection (A) commits a Class X felony
8		for which he or she shall be sentenced to a term of
9		imprisonment of not less than 6 years and not more than 30
10		years if the delivery is of not less than 6 and not more
11		than 10 firearms at the same time or within a 2-year 2 year
12		period. Any person convicted of unlawful sale or delivery
13		of firearms in violation of paragraph (l) of subsection
14		(A) commits a Class X felony for which he or she shall be
15		sentenced to a term of imprisonment of not less than 6
16		years and not more than 40 years if the delivery is of not
17		less than 11 and not more than 20 firearms at the same time
18		or within a 3-year 3 year period. Any person convicted of
19		unlawful sale or delivery of firearms in violation of
20		paragraph (l) of subsection (A) commits a Class X felony
21		for which he or she shall be sentenced to a term of
22		imprisonment of not less than 6 years and not more than 50
23		years if the delivery is of not less than 21 and not more
24		than 30 firearms at the same time or within a 4-year 4 year
25		period. Any person convicted of unlawful sale or delivery
26		of firearms in violation of paragraph (l) of subsection

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1		(A) commits a Class X felony for which he or she shall be
2		sentenced to a term of imprisonment of not less than 6
3		years and not more than 60 years if the delivery is of 31
4		or more firearms at the same time or within a 5-year 5 year
5		period.
6		(D) For purposes of this Section:
7		"School" means a public or private elementary or secondary
8		school, community college, college, or university.
9		"School related activity" means any sporting, social,
10		academic, or other activity for which students' attendance or
11		participation is sponsored, organized, or funded in whole or
12		in part by a school or school district.
13		(E) A prosecution for a violation of paragraph (k) of
14		subsection (A) of this Section may be commenced within 6 years
15		after the commission of the offense. A prosecution for a
16		violation of this Section other than paragraph (g) of
17		subsection (A) of this Section may be commenced within 5 years
18		after the commission of the offense defined in the particular
19		paragraph.
20		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
21		revised 10-12-21.)
22		(720 ILCS 5/24-8)
23		Sec. 24-8. Firearm evidence.
24		(a) Upon recovering a firearm from the possession of
25		anyone who is not permitted by federal or State law to possess

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1		a firearm, a law enforcement agency shall use the best
2		available information, including a firearms trace when
3		necessary, to determine how and from whom the person gained
4		possession of the firearm. Upon recovering a firearm that was
5		used in the commission of any offense classified as a felony or
6		upon recovering a firearm that appears to have been lost,
7		mislaid, stolen, or otherwise unclaimed, a law enforcement
8		agency shall use the best available information, including a
9		firearms trace, to determine prior ownership of the firearm.
10		(b) Law enforcement shall, when appropriate, use the
11		National Tracing Center of the Federal Bureau of Alcohol,
12		Tobacco and Firearms and the National Crime Information Center
13		of the Federal Bureau of Investigation in complying with
14		subsection (a) of this Section.
15		(c) Law enforcement agencies shall use the Illinois State
16		Police Law Enforcement Agencies Data System (LEADS) Gun File
17		to enter all stolen, seized, or recovered firearms as
18		prescribed by LEADS regulations and policies.
19		(d) Whenever a law enforcement agency recovers a fired
20		cartridge case at a crime scene or has reason to believe that
21		the recovered fired cartridge case is related to or associated
22		with the commission of a crime, the law enforcement agency
23		shall submit the evidence to the National Integrated
24		Ballistics Information Network (NIBIN) or an Illinois State
25		Police laboratory for NIBIN processing. Whenever a law
26		enforcement agency seizes or recovers a semiautomatic firearm

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1		that is deemed suitable to be entered into the NIBIN that was:
2		(i) unlawfully possessed, (ii) used for any unlawful purpose,
3		(iii) recovered from the scene of a crime, (iv) is reasonably
4		believed to have been used or associated with the commission
5		of a crime, or (v) is acquired by the law enforcement agency as
6		an abandoned or discarded firearm, the law enforcement agency
7		shall submit the evidence to the NIBIN or an Illinois State
8		Police laboratory for NIBIN processing. When practicable, all
9		NIBIN-suitable evidence and NIBIN-suitable test fires from
10		recovered firearms shall be entered into the NIBIN within 2
11		business days of submission to Illinois State Police
12		laboratories that have NIBIN access or another NIBIN site.
13		Exceptions to this may occur if the evidence in question
14		requires analysis by other forensic disciplines. The Illinois
15		State Police laboratory, submitting agency, and relevant court
16		representatives shall determine whether the request for
17		additional analysis outweighs the 2 business-day requirement.
18		Illinois State Police laboratories that do not have NIBIN
19		access shall submit NIBIN-suitable evidence and test fires to
20		an Illinois State Police laboratory with NIBIN access. Upon
21		receipt at the laboratory with NIBIN access, when practicable,
22		the evidence and test fires shall be entered into the NIBIN
23		within 2 business days. Exceptions to this 2 business-day
24		requirement may occur if the evidence in question requires
25		analysis by other forensic disciplines. The Illinois State
26		Police laboratory, submitting agency, and relevant court

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1		representatives shall determine whether the request for
2		additional analysis outweighs the 2 business-day requirement.
3		Nothing in this Section shall be interpreted to conflict with
4		standards and policies for NIBIN sites as promulgated by the
5		federal Bureau of Alcohol, Tobacco, Firearms and Explosives or
6		successor agencies.
7		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
8		revised 10-14-21.)
9		Section 610. The Cannabis Control Act is amended by
10		changing Section 8 as follows:
11		(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
12		Sec. 8. Except as otherwise provided in the Cannabis
13		Regulation and Tax Act and the Industrial Hemp Act, it is
14		unlawful for any person knowingly to produce the Cannabis
15		sativa plant or to possess such plants unless production or
16		possession has been authorized pursuant to the provisions of
17		Section 11 or 15.2 of the Act. Any person who violates this
18		Section with respect to production or possession of:
19		(a) Not more than 5 plants is guilty of a civil
20		violation punishable by a minimum fine of $100 and a
21		maximum fine of $200. The proceeds of the fine are payable
22		to the clerk of the circuit court. Within 30 days after the
23		deposit of the fine, the clerk shall distribute the
24		proceeds of the fine as follows:

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1		(1) $10 of the fine to the circuit clerk and $10 of
2		the fine to the law enforcement agency that issued the
3		citation; the proceeds of each $10 fine distributed to
4		the circuit clerk and each $10 fine distributed to the
5		law enforcement agency that issued the citation for
6		the violation shall be used to defer the cost of
7		automatic expungements under paragraph (2.5) of
8		subsection (a) of Section 5.2 of the Criminal
9		Identification Act;
10		(2) $15 to the county to fund drug addiction
11		services;
12		(3) $10 to the Office of the State's Attorneys
13		Appellate Prosecutor for use in training programs;
14		(4) $10 to the State's Attorney; and
15		(5) any remainder of the fine to the law
16		enforcement agency that issued the citation for the
17		violation.
18		With respect to funds designated for the Illinois
19		State Police, the moneys shall be remitted by the circuit
20		court clerk to the State Treasurer Illinois within one
21		month after receipt for deposit into the State Police
22		Operations Assistance Fund. With respect to funds
23		designated for the Department of Natural Resources, the
24		Department of Natural Resources shall deposit the moneys
25		into the Conservation Police Operations Assistance Fund.
26		(b) More than 5, but not more than 20 plants, is guilty

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1		of a Class 4 felony.
2		(c) More than 20, but not more than 50 plants, is
3		guilty of a Class 3 felony.
4		(d) More than 50, but not more than 200 plants, is
5		guilty of a Class 2 felony for which a fine not to exceed
6		$100,000 may be imposed and for which liability for the
7		cost of conducting the investigation and eradicating such
8		plants may be assessed. Compensation for expenses incurred
9		in the enforcement of this provision shall be transmitted
10		to and deposited in the treasurer's office at the level of
11		government represented by the Illinois law enforcement
12		agency whose officers or employees conducted the
13		investigation or caused the arrest or arrests leading to
14		the prosecution, to be subsequently made available to that
15		law enforcement agency as expendable receipts for use in
16		the enforcement of laws regulating controlled substances
17		and cannabis. If such seizure was made by a combination of
18		law enforcement personnel representing different levels of
19		government, the court levying the assessment shall
20		determine the allocation of such assessment. The proceeds
21		of assessment awarded to the State treasury shall be
22		deposited in a special fund known as the Drug Traffic
23		Prevention Fund.
24		(e) More than 200 plants is guilty of a Class 1 felony
25		for which a fine not to exceed $100,000 may be imposed and
26		for which liability for the cost of conducting the

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1		investigation and eradicating such plants may be assessed.
2		Compensation for expenses incurred in the enforcement of
3		this provision shall be transmitted to and deposited in
4		the treasurer's office at the level of government
5		represented by the Illinois law enforcement agency whose
6		officers or employees conducted the investigation or
7		caused the arrest or arrests leading to the prosecution,
8		to be subsequently made available to that law enforcement
9		agency as expendable receipts for use in the enforcement
10		of laws regulating controlled substances and cannabis. If
11		such seizure was made by a combination of law enforcement
12		personnel representing different levels of government, the
13		court levying the assessment shall determine the
14		allocation of such assessment. The proceeds of assessment
15		awarded to the State treasury shall be deposited in a
16		special fund known as the Drug Traffic Prevention Fund.
17		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
18		102-145, eff. 7-23-21; 102-538, eff. 8-20-21; revised
19		10-14-21.)
20		Section 615. The Illinois Controlled Substances Act is
21		amended by changing Sections 102 and 316 as follows:
22		(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
23		Sec. 102. Definitions. As used in this Act, unless the
24		context otherwise requires:

HB5501 Engrossed - 2307 - LRB102 24698 AMC 33937 b
1		(a) "Addict" means any person who habitually uses any
2		drug, chemical, substance or dangerous drug other than alcohol
3		so as to endanger the public morals, health, safety or welfare
4		or who is so far addicted to the use of a dangerous drug or
5		controlled substance other than alcohol as to have lost the
6		power of self control with reference to his or her addiction.
7		(b) "Administer" means the direct application of a
8		controlled substance, whether by injection, inhalation,
9		ingestion, or any other means, to the body of a patient,
10		research subject, or animal (as defined by the Humane
11		Euthanasia in Animal Shelters Act) by:
12		(1) a practitioner (or, in his or her presence, by his
13		or her authorized agent),
14		(2) the patient or research subject pursuant to an
15		order, or
16		(3) a euthanasia technician as defined by the Humane
17		Euthanasia in Animal Shelters Act.
18		(c) "Agent" means an authorized person who acts on behalf
19		of or at the direction of a manufacturer, distributor,
20		dispenser, prescriber, or practitioner. It does not include a
21		common or contract carrier, public warehouseman or employee of
22		the carrier or warehouseman.
23		(c-1) "Anabolic Steroids" means any drug or hormonal
24		substance, chemically and pharmacologically related to
25		testosterone (other than estrogens, progestins,
26		corticosteroids, and dehydroepiandrosterone), and includes:

HB5501 Engrossed - 2308 - LRB102 24698 AMC 33937 b
1		(i) 3[beta],17-dihydroxy-5a-androstane,
2		(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
3		(iii) 5[alpha]-androstan-3,17-dione,
4		(iv) 1-androstenediol (3[beta],
5		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
6		(v) 1-androstenediol (3[alpha],
7		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
8		(vi) 4-androstenediol
9		(3[beta],17[beta]-dihydroxy-androst-4-ene),
10		(vii) 5-androstenediol
11		(3[beta],17[beta]-dihydroxy-androst-5-ene),
12		(viii) 1-androstenedione
13		([5alpha]-androst-1-en-3,17-dione),
14		(ix) 4-androstenedione
15		(androst-4-en-3,17-dione),
16		(x) 5-androstenedione
17		(androst-5-en-3,17-dione),
18		(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
19		hydroxyandrost-4-en-3-one),
20		(xii) boldenone (17[beta]-hydroxyandrost-
21		1,4,-diene-3-one),
22		(xiii) boldione (androsta-1,4-
23		diene-3,17-dione),
24		(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
25		[beta]-hydroxyandrost-4-en-3-one),
26		(xv) clostebol (4-chloro-17[beta]-

HB5501 Engrossed - 2309 - LRB102 24698 AMC 33937 b
1		hydroxyandrost-4-en-3-one),
2		(xvi) dehydrochloromethyltestosterone (4-chloro-
3		17[beta]-hydroxy-17[alpha]-methyl-
4		androst-1,4-dien-3-one),
5		(xvii) desoxymethyltestosterone
6		(17[alpha]-methyl-5[alpha]
7		-androst-2-en-17[beta]-ol)(a.k.a., madol),
8		(xviii) [delta]1-dihydrotestosterone (a.k.a.
9		'1-testosterone') (17[beta]-hydroxy-
10		5[alpha]-androst-1-en-3-one),
11		(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
12		androstan-3-one),
13		(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
14		5[alpha]-androstan-3-one),
15		(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
16		hydroxyestr-4-ene),
17		(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
18		1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
19		(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
20		17[beta]-dihydroxyandrost-1,4-dien-3-one),
21		(xxiv) furazabol (17[alpha]-methyl-17[beta]-
22		hydroxyandrostano[2,3-c]-furazan),
23		(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
24		(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
25		androst-4-en-3-one),
26		(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

HB5501 Engrossed - 2310 - LRB102 24698 AMC 33937 b
1		dihydroxy-estr-4-en-3-one),
2		(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
3		hydroxy-5-androstan-3-one),
4		(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
5		[5a]-androstan-3-one),
6		(xxx) methandienone (17[alpha]-methyl-17[beta]-
7		hydroxyandrost-1,4-dien-3-one),
8		(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
9		dihydroxyandrost-5-ene),
10		(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
11		5[alpha]-androst-1-en-3-one),
12		(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
13		dihydroxy-5a-androstane,
14		(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
15		-5a-androstane,
16		(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
17		dihydroxyandrost-4-ene),
18		(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
19		methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
20		(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
21		hydroxyestra-4,9(10)-dien-3-one),
22		(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
23		hydroxyestra-4,9-11-trien-3-one),
24		(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
25		hydroxyandrost-4-en-3-one),
26		(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

HB5501 Engrossed - 2311 - LRB102 24698 AMC 33937 b
1		hydroxyestr-4-en-3-one),
2		(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
3		(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
4		androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
5		1-testosterone'),
6		(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
7		(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
8		dihydroxyestr-4-ene),
9		(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
10		dihydroxyestr-4-ene),
11		(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
12		dihydroxyestr-5-ene),
13		(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
14		dihydroxyestr-5-ene),
15		(xlvii) 19-nor-4,9(10)-androstadienedione
16		(estra-4,9(10)-diene-3,17-dione),
17		(xlviii) 19-nor-4-androstenedione (estr-4-
18		en-3,17-dione),
19		(xlix) 19-nor-5-androstenedione (estr-5-
20		en-3,17-dione),
21		(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
22		hydroxygon-4-en-3-one),
23		(li) norclostebol (4-chloro-17[beta]-
24		hydroxyestr-4-en-3-one),
25		(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
26		hydroxyestr-4-en-3-one),

HB5501 Engrossed - 2312 - LRB102 24698 AMC 33937 b
1		(liii) normethandrolone (17[alpha]-methyl-17[beta]-
2		hydroxyestr-4-en-3-one),
3		(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
4		2-oxa-5[alpha]-androstan-3-one),
5		(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
6		dihydroxyandrost-4-en-3-one),
7		(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
8		17[beta]-hydroxy-(5[alpha]-androstan-3-one),
9		(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
10		(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
11		(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
12		(5[alpha]-androst-1-en-3-one),
13		(lix) testolactone (13-hydroxy-3-oxo-13,17-
14		secoandrosta-1,4-dien-17-oic
15		acid lactone),
16		(lx) testosterone (17[beta]-hydroxyandrost-
17		4-en-3-one),
18		(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
19		diethyl-17[beta]-hydroxygon-
20		4,9,11-trien-3-one),
21		(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
22		11-trien-3-one).
23		Any person who is otherwise lawfully in possession of an
24		anabolic steroid, or who otherwise lawfully manufactures,
25		distributes, dispenses, delivers, or possesses with intent to
26		deliver an anabolic steroid, which anabolic steroid is

HB5501 Engrossed - 2313 - LRB102 24698 AMC 33937 b
1		expressly intended for and lawfully allowed to be administered
2		through implants to livestock or other nonhuman species, and
3		which is approved by the Secretary of Health and Human
4		Services for such administration, and which the person intends
5		to administer or have administered through such implants,
6		shall not be considered to be in unauthorized possession or to
7		unlawfully manufacture, distribute, dispense, deliver, or
8		possess with intent to deliver such anabolic steroid for
9		purposes of this Act.
10		(d) "Administration" means the Drug Enforcement
11		Administration, United States Department of Justice, or its
12		successor agency.
13		(d-5) "Clinical Director, Prescription Monitoring Program"
14		means a Department of Human Services administrative employee
15		licensed to either prescribe or dispense controlled substances
16		who shall run the clinical aspects of the Department of Human
17		Services Prescription Monitoring Program and its Prescription
18		Information Library.
19		(d-10) "Compounding" means the preparation and mixing of
20		components, excluding flavorings, (1) as the result of a
21		prescriber's prescription drug order or initiative based on
22		the prescriber-patient-pharmacist relationship in the course
23		of professional practice or (2) for the purpose of, or
24		incident to, research, teaching, or chemical analysis and not
25		for sale or dispensing. "Compounding" includes the preparation
26		of drugs or devices in anticipation of receiving prescription

HB5501 Engrossed - 2314 - LRB102 24698 AMC 33937 b
1		drug orders based on routine, regularly observed dispensing
2		patterns. Commercially available products may be compounded
3		for dispensing to individual patients only if both of the
4		following conditions are met: (i) the commercial product is
5		not reasonably available from normal distribution channels in
6		a timely manner to meet the patient's needs and (ii) the
7		prescribing practitioner has requested that the drug be
8		compounded.
9		(e) "Control" means to add a drug or other substance, or
10		immediate precursor, to a Schedule whether by transfer from
11		another Schedule or otherwise.
12		(f) "Controlled Substance" means (i) a drug, substance,
13		immediate precursor, or synthetic drug in the Schedules of
14		Article II of this Act or (ii) a drug or other substance, or
15		immediate precursor, designated as a controlled substance by
16		the Department through administrative rule. The term does not
17		include distilled spirits, wine, malt beverages, or tobacco,
18		as those terms are defined or used in the Liquor Control Act of
19		1934 and the Tobacco Products Tax Act of 1995.
20		(f-5) "Controlled substance analog" means a substance:
21		(1) the chemical structure of which is substantially
22		similar to the chemical structure of a controlled
23		substance in Schedule I or II;
24		(2) which has a stimulant, depressant, or
25		hallucinogenic effect on the central nervous system that
26		is substantially similar to or greater than the stimulant,

HB5501 Engrossed - 2315 - LRB102 24698 AMC 33937 b
1		depressant, or hallucinogenic effect on the central
2		nervous system of a controlled substance in Schedule I or
3		II; or
4		(3) with respect to a particular person, which such
5		person represents or intends to have a stimulant,
6		depressant, or hallucinogenic effect on the central
7		nervous system that is substantially similar to or greater
8		than the stimulant, depressant, or hallucinogenic effect
9		on the central nervous system of a controlled substance in
10		Schedule I or II.
11		(g) "Counterfeit substance" means a controlled substance,
12		which, or the container or labeling of which, without
13		authorization bears the trademark, trade name, or other
14		identifying mark, imprint, number or device, or any likeness
15		thereof, of a manufacturer, distributor, or dispenser other
16		than the person who in fact manufactured, distributed, or
17		dispensed the substance.
18		(h) "Deliver" or "delivery" means the actual, constructive
19		or attempted transfer of possession of a controlled substance,
20		with or without consideration, whether or not there is an
21		agency relationship. "Deliver" or "delivery" does not include
22		the donation of drugs to the extent permitted under the
23		Illinois Drug Reuse Opportunity Program Act.
24		(i) "Department" means the Illinois Department of Human
25		Services (as successor to the Department of Alcoholism and
26		Substance Abuse) or its successor agency.

HB5501 Engrossed - 2316 - LRB102 24698 AMC 33937 b
1		(j) (Blank).
2		(k) "Department of Corrections" means the Department of
3		Corrections of the State of Illinois or its successor agency.
4		(l) "Department of Financial and Professional Regulation"
5		means the Department of Financial and Professional Regulation
6		of the State of Illinois or its successor agency.
7		(m) "Depressant" means any drug that (i) causes an overall
8		depression of central nervous system functions, (ii) causes
9		impaired consciousness and awareness, and (iii) can be
10		habit-forming or lead to a substance abuse problem, including,
11		but not limited to, alcohol, cannabis and its active
12		principles and their analogs, benzodiazepines and their
13		analogs, barbiturates and their analogs, opioids (natural and
14		synthetic) and their analogs, and chloral hydrate and similar
15		sedative hypnotics.
16		(n) (Blank).
17		(o) "Director" means the Director of the Illinois State
18		Police or his or her designated agents.
19		(p) "Dispense" means to deliver a controlled substance to
20		an ultimate user or research subject by or pursuant to the
21		lawful order of a prescriber, including the prescribing,
22		administering, packaging, labeling, or compounding necessary
23		to prepare the substance for that delivery.
24		(q) "Dispenser" means a practitioner who dispenses.
25		(r) "Distribute" means to deliver, other than by
26		administering or dispensing, a controlled substance.

HB5501 Engrossed - 2317 - LRB102 24698 AMC 33937 b
1		(s) "Distributor" means a person who distributes.
2		(t) "Drug" means (1) substances recognized as drugs in the
3		official United States Pharmacopoeia, Official Homeopathic
4		Pharmacopoeia of the United States, or official National
5		Formulary, or any supplement to any of them; (2) substances
6		intended for use in diagnosis, cure, mitigation, treatment, or
7		prevention of disease in man or animals; (3) substances (other
8		than food) intended to affect the structure of any function of
9		the body of man or animals and (4) substances intended for use
10		as a component of any article specified in clause (1), (2), or
11		(3) of this subsection. It does not include devices or their
12		components, parts, or accessories.
13		(t-3) "Electronic health record" or "EHR" means an
14		electronic record of health-related information on an
15		individual that is created, gathered, managed, and consulted
16		by authorized health care clinicians and staff.
17		(t-3.5) "Electronic health record system" or "EHR system"
18		means any computer-based system or combination of federally
19		certified Health IT Modules (defined at 42 CFR 170.102 or its
20		successor) used as a repository for electronic health records
21		and accessed or updated by a prescriber or authorized
22		surrogate in the ordinary course of his or her medical
23		practice. For purposes of connecting to the Prescription
24		Information Library maintained by the Bureau of Pharmacy and
25		Clinical Support Systems or its successor, an EHR system may
26		connect to the Prescription Information Library directly or

HB5501 Engrossed - 2318 - LRB102 24698 AMC 33937 b
1		through all or part of a computer program or system that is a
2		federally certified Health IT Module maintained by a third
3		party and used by the EHR system to secure access to the
4		database.
5		(t-4) "Emergency medical services personnel" has the
6		meaning ascribed to it in the Emergency Medical Services (EMS)
7		Systems Act.
8		(t-5) "Euthanasia agency" means an entity certified by the
9		Department of Financial and Professional Regulation for the
10		purpose of animal euthanasia that holds an animal control
11		facility license or animal shelter license under the Animal
12		Welfare Act. A euthanasia agency is authorized to purchase,
13		store, possess, and utilize Schedule II nonnarcotic and
14		Schedule III nonnarcotic drugs for the sole purpose of animal
15		euthanasia.
16		(t-10) "Euthanasia drugs" means Schedule II or Schedule
17		III substances (nonnarcotic controlled substances) that are
18		used by a euthanasia agency for the purpose of animal
19		euthanasia.
20		(u) "Good faith" means the prescribing or dispensing of a
21		controlled substance by a practitioner in the regular course
22		of professional treatment to or for any person who is under his
23		or her treatment for a pathology or condition other than that
24		individual's physical or psychological dependence upon or
25		addiction to a controlled substance, except as provided
26		herein: and application of the term to a pharmacist shall mean

HB5501 Engrossed - 2319 - LRB102 24698 AMC 33937 b
1		the dispensing of a controlled substance pursuant to the
2		prescriber's order which in the professional judgment of the
3		pharmacist is lawful. The pharmacist shall be guided by
4		accepted professional standards, including, but not limited
5		to, the following, in making the judgment:
6		(1) lack of consistency of prescriber-patient
7		relationship,
8		(2) frequency of prescriptions for same drug by one
9		prescriber for large numbers of patients,
10		(3) quantities beyond those normally prescribed,
11		(4) unusual dosages (recognizing that there may be
12		clinical circumstances where more or less than the usual
13		dose may be used legitimately),
14		(5) unusual geographic distances between patient,
15		pharmacist and prescriber,
16		(6) consistent prescribing of habit-forming drugs.
17		(u-0.5) "Hallucinogen" means a drug that causes markedly
18		altered sensory perception leading to hallucinations of any
19		type.
20		(u-1) "Home infusion services" means services provided by
21		a pharmacy in compounding solutions for direct administration
22		to a patient in a private residence, long-term care facility,
23		or hospice setting by means of parenteral, intravenous,
24		intramuscular, subcutaneous, or intraspinal infusion.
25		(u-5) "Illinois State Police" means the Illinois State
26		Police or its successor agency.

HB5501 Engrossed - 2320 - LRB102 24698 AMC 33937 b
1		(v) "Immediate precursor" means a substance:
2		(1) which the Department has found to be and by rule
3		designated as being a principal compound used, or produced
4		primarily for use, in the manufacture of a controlled
5		substance;
6		(2) which is an immediate chemical intermediary used
7		or likely to be used in the manufacture of such controlled
8		substance; and
9		(3) the control of which is necessary to prevent,
10		curtail or limit the manufacture of such controlled
11		substance.
12		(w) "Instructional activities" means the acts of teaching,
13		educating or instructing by practitioners using controlled
14		substances within educational facilities approved by the State
15		Board of Education or its successor agency.
16		(x) "Local authorities" means a duly organized State,
17		County or Municipal peace unit or police force.
18		(y) "Look-alike substance" means a substance, other than a
19		controlled substance which (1) by overall dosage unit
20		appearance, including shape, color, size, markings or lack
21		thereof, taste, consistency, or any other identifying physical
22		characteristic of the substance, would lead a reasonable
23		person to believe that the substance is a controlled
24		substance, or (2) is expressly or impliedly represented to be
25		a controlled substance or is distributed under circumstances
26		which would lead a reasonable person to believe that the

HB5501 Engrossed - 2321 - LRB102 24698 AMC 33937 b
1		substance is a controlled substance. For the purpose of
2		determining whether the representations made or the
3		circumstances of the distribution would lead a reasonable
4		person to believe the substance to be a controlled substance
5		under this clause (2) of subsection (y), the court or other
6		authority may consider the following factors in addition to
7		any other factor that may be relevant:
8		(a) statements made by the owner or person in control
9		of the substance concerning its nature, use or effect;
10		(b) statements made to the buyer or recipient that the
11		substance may be resold for profit;
12		(c) whether the substance is packaged in a manner
13		normally used for the illegal distribution of controlled
14		substances;
15		(d) whether the distribution or attempted distribution
16		included an exchange of or demand for money or other
17		property as consideration, and whether the amount of the
18		consideration was substantially greater than the
19		reasonable retail market value of the substance.
20		Clause (1) of this subsection (y) shall not apply to a
21		noncontrolled substance in its finished dosage form that was
22		initially introduced into commerce prior to the initial
23		introduction into commerce of a controlled substance in its
24		finished dosage form which it may substantially resemble.
25		Nothing in this subsection (y) prohibits the dispensing or
26		distributing of noncontrolled substances by persons authorized

HB5501 Engrossed - 2322 - LRB102 24698 AMC 33937 b
1		to dispense and distribute controlled substances under this
2		Act, provided that such action would be deemed to be carried
3		out in good faith under subsection (u) if the substances
4		involved were controlled substances.
5		Nothing in this subsection (y) or in this Act prohibits
6		the manufacture, preparation, propagation, compounding,
7		processing, packaging, advertising or distribution of a drug
8		or drugs by any person registered pursuant to Section 510 of
9		the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
10		(y-1) "Mail-order pharmacy" means a pharmacy that is
11		located in a state of the United States that delivers,
12		dispenses or distributes, through the United States Postal
13		Service or other common carrier, to Illinois residents, any
14		substance which requires a prescription.
15		(z) "Manufacture" means the production, preparation,
16		propagation, compounding, conversion or processing of a
17		controlled substance other than methamphetamine, either
18		directly or indirectly, by extraction from substances of
19		natural origin, or independently by means of chemical
20		synthesis, or by a combination of extraction and chemical
21		synthesis, and includes any packaging or repackaging of the
22		substance or labeling of its container, except that this term
23		does not include:
24		(1) by an ultimate user, the preparation or
25		compounding of a controlled substance for his or her own
26		use;

HB5501 Engrossed - 2323 - LRB102 24698 AMC 33937 b
1		(2) by a practitioner, or his or her authorized agent
2		under his or her supervision, the preparation,
3		compounding, packaging, or labeling of a controlled
4		substance:
5		(a) as an incident to his or her administering or
6		dispensing of a controlled substance in the course of
7		his or her professional practice; or
8		(b) as an incident to lawful research, teaching or
9		chemical analysis and not for sale; or
10		(3) the packaging, repackaging, or labeling of drugs
11		only to the extent permitted under the Illinois Drug Reuse
12		Opportunity Program Act.
13		(z-1) (Blank).
14		(z-5) "Medication shopping" means the conduct prohibited
15		under subsection (a) of Section 314.5 of this Act.
16		(z-10) "Mid-level practitioner" means (i) a physician
17		assistant who has been delegated authority to prescribe
18		through a written delegation of authority by a physician
19		licensed to practice medicine in all of its branches, in
20		accordance with Section 7.5 of the Physician Assistant
21		Practice Act of 1987, (ii) an advanced practice registered
22		nurse who has been delegated authority to prescribe through a
23		written delegation of authority by a physician licensed to
24		practice medicine in all of its branches or by a podiatric
25		physician, in accordance with Section 65-40 of the Nurse
26		Practice Act, (iii) an advanced practice registered nurse

HB5501 Engrossed - 2324 - LRB102 24698 AMC 33937 b
1		certified as a nurse practitioner, nurse midwife, or clinical
2		nurse specialist who has been granted authority to prescribe
3		by a hospital affiliate in accordance with Section 65-45 of
4		the Nurse Practice Act, (iv) an animal euthanasia agency, or
5		(v) a prescribing psychologist.
6		(aa) "Narcotic drug" means any of the following, whether
7		produced directly or indirectly by extraction from substances
8		of vegetable origin, or independently by means of chemical
9		synthesis, or by a combination of extraction and chemical
10		synthesis:
11		(1) opium, opiates, derivatives of opium and opiates,
12		including their isomers, esters, ethers, salts, and salts
13		of isomers, esters, and ethers, whenever the existence of
14		such isomers, esters, ethers, and salts is possible within
15		the specific chemical designation; however the term
16		"narcotic drug" does not include the isoquinoline
17		alkaloids of opium;
18		(2) (blank);
19		(3) opium poppy and poppy straw;
20		(4) coca leaves, except coca leaves and extracts of
21		coca leaves from which substantially all of the cocaine
22		and ecgonine, and their isomers, derivatives and salts,
23		have been removed;
24		(5) cocaine, its salts, optical and geometric isomers,
25		and salts of isomers;
26		(6) ecgonine, its derivatives, their salts, isomers,

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1		and salts of isomers;
2		(7) any compound, mixture, or preparation which
3		contains any quantity of any of the substances referred to
4		in subparagraphs (1) through (6).
5		(bb) "Nurse" means a registered nurse licensed under the
6		Nurse Practice Act.
7		(cc) (Blank).
8		(dd) "Opiate" means any substance having an addiction
9		forming or addiction sustaining liability similar to morphine
10		or being capable of conversion into a drug having addiction
11		forming or addiction sustaining liability.
12		(ee) "Opium poppy" means the plant of the species Papaver
13		somniferum L., except its seeds.
14		(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
15		solution or other liquid form of medication intended for
16		administration by mouth, but the term does not include a form
17		of medication intended for buccal, sublingual, or transmucosal
18		administration.
19		(ff) "Parole and Pardon Board" means the Parole and Pardon
20		Board of the State of Illinois or its successor agency.
21		(gg) "Person" means any individual, corporation,
22		mail-order pharmacy, government or governmental subdivision or
23		agency, business trust, estate, trust, partnership or
24		association, or any other entity.
25		(hh) "Pharmacist" means any person who holds a license or
26		certificate of registration as a registered pharmacist, a

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1		local registered pharmacist or a registered assistant
2		pharmacist under the Pharmacy Practice Act.
3		(ii) "Pharmacy" means any store, ship or other place in
4		which pharmacy is authorized to be practiced under the
5		Pharmacy Practice Act.
6		(ii-5) "Pharmacy shopping" means the conduct prohibited
7		under subsection (b) of Section 314.5 of this Act.
8		(ii-10) "Physician" (except when the context otherwise
9		requires) means a person licensed to practice medicine in all
10		of its branches.
11		(jj) "Poppy straw" means all parts, except the seeds, of
12		the opium poppy, after mowing.
13		(kk) "Practitioner" means a physician licensed to practice
14		medicine in all its branches, dentist, optometrist, podiatric
15		physician, veterinarian, scientific investigator, pharmacist,
16		physician assistant, advanced practice registered nurse,
17		licensed practical nurse, registered nurse, emergency medical
18		services personnel, hospital, laboratory, or pharmacy, or
19		other person licensed, registered, or otherwise lawfully
20		permitted by the United States or this State to distribute,
21		dispense, conduct research with respect to, administer or use
22		in teaching or chemical analysis, a controlled substance in
23		the course of professional practice or research.
24		(ll) "Pre-printed prescription" means a written
25		prescription upon which the designated drug has been indicated
26		prior to the time of issuance; the term does not mean a written

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1		prescription that is individually generated by machine or
2		computer in the prescriber's office.
3		(mm) "Prescriber" means a physician licensed to practice
4		medicine in all its branches, dentist, optometrist,
5		prescribing psychologist licensed under Section 4.2 of the
6		Clinical Psychologist Licensing Act with prescriptive
7		authority delegated under Section 4.3 of the Clinical
8		Psychologist Licensing Act, podiatric physician, or
9		veterinarian who issues a prescription, a physician assistant
10		who issues a prescription for a controlled substance in
11		accordance with Section 303.05, a written delegation, and a
12		written collaborative agreement required under Section 7.5 of
13		the Physician Assistant Practice Act of 1987, an advanced
14		practice registered nurse with prescriptive authority
15		delegated under Section 65-40 of the Nurse Practice Act and in
16		accordance with Section 303.05, a written delegation, and a
17		written collaborative agreement under Section 65-35 of the
18		Nurse Practice Act, an advanced practice registered nurse
19		certified as a nurse practitioner, nurse midwife, or clinical
20		nurse specialist who has been granted authority to prescribe
21		by a hospital affiliate in accordance with Section 65-45 of
22		the Nurse Practice Act and in accordance with Section 303.05,
23		or an advanced practice registered nurse certified as a nurse
24		practitioner, nurse midwife, or clinical nurse specialist who
25		has full practice authority pursuant to Section 65-43 of the
26		Nurse Practice Act.

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1		(nn) "Prescription" means a written, facsimile, or oral
2		order, or an electronic order that complies with applicable
3		federal requirements, of a physician licensed to practice
4		medicine in all its branches, dentist, podiatric physician or
5		veterinarian for any controlled substance, of an optometrist
6		in accordance with Section 15.1 of the Illinois Optometric
7		Practice Act of 1987, of a prescribing psychologist licensed
8		under Section 4.2 of the Clinical Psychologist Licensing Act
9		with prescriptive authority delegated under Section 4.3 of the
10		Clinical Psychologist Licensing Act, of a physician assistant
11		for a controlled substance in accordance with Section 303.05,
12		a written delegation, and a written collaborative agreement
13		required under Section 7.5 of the Physician Assistant Practice
14		Act of 1987, of an advanced practice registered nurse with
15		prescriptive authority delegated under Section 65-40 of the
16		Nurse Practice Act who issues a prescription for a controlled
17		substance in accordance with Section 303.05, a written
18		delegation, and a written collaborative agreement under
19		Section 65-35 of the Nurse Practice Act, of an advanced
20		practice registered nurse certified as a nurse practitioner,
21		nurse midwife, or clinical nurse specialist who has been
22		granted authority to prescribe by a hospital affiliate in
23		accordance with Section 65-45 of the Nurse Practice Act and in
24		accordance with Section 303.05 when required by law, or of an
25		advanced practice registered nurse certified as a nurse
26		practitioner, nurse midwife, or clinical nurse specialist who

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1		has full practice authority pursuant to Section 65-43 of the
2		Nurse Practice Act.
3		(nn-5) "Prescription Information Library" (PIL) means an
4		electronic library that contains reported controlled substance
5		data.
6		(nn-10) "Prescription Monitoring Program" (PMP) means the
7		entity that collects, tracks, and stores reported data on
8		controlled substances and select drugs pursuant to Section
9		316.
10		(oo) "Production" or "produce" means manufacture,
11		planting, cultivating, growing, or harvesting of a controlled
12		substance other than methamphetamine.
13		(pp) "Registrant" means every person who is required to
14		register under Section 302 of this Act.
15		(qq) "Registry number" means the number assigned to each
16		person authorized to handle controlled substances under the
17		laws of the United States and of this State.
18		(qq-5) "Secretary" means, as the context requires, either
19		the Secretary of the Department or the Secretary of the
20		Department of Financial and Professional Regulation, and the
21		Secretary's designated agents.
22		(rr) "State" includes the State of Illinois and any state,
23		district, commonwealth, territory, insular possession thereof,
24		and any area subject to the legal authority of the United
25		States of America.
26		(rr-5) "Stimulant" means any drug that (i) causes an

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1		overall excitation of central nervous system functions, (ii)
2		causes impaired consciousness and awareness, and (iii) can be
3		habit-forming or lead to a substance abuse problem, including,
4		but not limited to, amphetamines and their analogs,
5		methylphenidate and its analogs, cocaine, and phencyclidine
6		and its analogs.
7		(rr-10) "Synthetic drug" includes, but is not limited to,
8		any synthetic cannabinoids or piperazines or any synthetic
9		cathinones as provided for in Schedule I.
10		(ss) "Ultimate user" means a person who lawfully possesses
11		a controlled substance for his or her own use or for the use of
12		a member of his or her household or for administering to an
13		animal owned by him or her or by a member of his or her
14		household.
15		(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
16		102-538, eff. 8-20-21; revised 9-22-21.)
17		(720 ILCS 570/316)
18		Sec. 316. Prescription Monitoring Program.
19		(a) The Department must provide for a Prescription
20		Monitoring Program for Schedule II, III, IV, and V controlled
21		substances that includes the following components and
22		requirements:
23		(1) The dispenser must transmit to the central
24		repository, in a form and manner specified by the
25		Department, the following information:

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1		(A) The recipient's name and address.
2		(B) The recipient's date of birth and gender.
3		(C) The national drug code number of the
4		controlled substance dispensed.
5		(D) The date the controlled substance is
6		dispensed.
7		(E) The quantity of the controlled substance
8		dispensed and days supply.
9		(F) The dispenser's United States Drug Enforcement
10		Administration registration number.
11		(G) The prescriber's United States Drug
12		Enforcement Administration registration number.
13		(H) The dates the controlled substance
14		prescription is filled.
15		(I) The payment type used to purchase the
16		controlled substance (i.e. Medicaid, cash, third party
17		insurance).
18		(J) The patient location code (i.e. home, nursing
19		home, outpatient, etc.) for the controlled substances
20		other than those filled at a retail pharmacy.
21		(K) Any additional information that may be
22		required by the department by administrative rule,
23		including but not limited to information required for
24		compliance with the criteria for electronic reporting
25		of the American Society for Automation and Pharmacy or
26		its successor.

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1		(2) The information required to be transmitted under
2		this Section must be transmitted not later than the end of
3		the business day on which a controlled substance is
4		dispensed, or at such other time as may be required by the
5		Department by administrative rule.
6		(3) A dispenser must transmit the information required
7		under this Section by:
8		(3.5) The requirements of paragraphs (1), (2), and (3)
9		of this subsection also apply to opioid treatment programs
10		that are licensed or certified by the Department of Human
11		Services' Division of Substance Use Prevention and
12		Recovery and are authorized by the federal Drug
13		Enforcement Administration to prescribe Schedule II, III,
14		IV, or V controlled substances for the treatment of opioid
15		use disorders. Opioid treatment programs shall attempt to
16		obtain written patient consent, shall document attempts to
17		obtain the written consent, and shall not transmit
18		information without patient consent. Documentation
19		obtained under this paragraph shall not be utilized for
20		law enforcement purposes, as proscribed under 42 CFR 2, as
21		amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
22		not be conditioned upon his or her written consent.
23		(A) an electronic device compatible with the
24		receiving device of the central repository;
25		(B) a computer diskette;
26		(C) a magnetic tape; or

HB5501 Engrossed - 2333 - LRB102 24698 AMC 33937 b
1		(D) a pharmacy universal claim form or Pharmacy
2		Inventory Control form.
3		(3.5) The requirements of paragraphs (1), (2), and (3)
4		of this subsection also apply to opioid treatment programs
5		that are licensed or certified by the Department of Human
6		Services' Division of Substance Use Prevention and
7		Recovery and are authorized by the federal Drug
8		Enforcement Administration to prescribe Schedule II, III,
9		IV, or V controlled substances for the treatment of opioid
10		use disorders. Opioid treatment programs shall attempt to
11		obtain written patient consent, shall document attempts to
12		obtain the written consent, and shall not transmit
13		information without patient consent. Documentation
14		obtained under this paragraph shall not be utilized for
15		law enforcement purposes, as proscribed under 42 CFR 2, as
16		amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
17		not be conditioned upon his or her written consent.
18		(4) The Department may impose a civil fine of up to
19		$100 per day for willful failure to report controlled
20		substance dispensing to the Prescription Monitoring
21		Program. The fine shall be calculated on no more than the
22		number of days from the time the report was required to be
23		made until the time the problem was resolved, and shall be
24		payable to the Prescription Monitoring Program.
25		(a-5) Notwithstanding subsection (a), a licensed
26		veterinarian is exempt from the reporting requirements of this

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1		Section. If a person who is presenting an animal for treatment
2		is suspected of fraudulently obtaining any controlled
3		substance or prescription for a controlled substance, the
4		licensed veterinarian shall report that information to the
5		local law enforcement agency.
6		(b) The Department, by rule, may include in the
7		Prescription Monitoring Program certain other select drugs
8		that are not included in Schedule II, III, IV, or V. The
9		Prescription Monitoring Program does not apply to controlled
10		substance prescriptions as exempted under Section 313.
11		(c) The collection of data on select drugs and scheduled
12		substances by the Prescription Monitoring Program may be used
13		as a tool for addressing oversight requirements of long-term
14		care institutions as set forth by Public Act 96-1372.
15		Long-term care pharmacies shall transmit patient medication
16		profiles to the Prescription Monitoring Program monthly or
17		more frequently as established by administrative rule.
18		(d) The Department of Human Services shall appoint a
19		full-time Clinical Director of the Prescription Monitoring
20		Program.
21		(e) (Blank).
22		(f) Within one year of January 1, 2018 (the effective date
23		of Public Act 100-564), the Department shall adopt rules
24		requiring all Electronic Health Records Systems to interface
25		with the Prescription Monitoring Program application program
26		on or before January 1, 2021 to ensure that all providers have

HB5501 Engrossed - 2335 - LRB102 24698 AMC 33937 b
1		access to specific patient records during the treatment of
2		their patients. These rules shall also address the electronic
3		integration of pharmacy records with the Prescription
4		Monitoring Program to allow for faster transmission of the
5		information required under this Section. The Department shall
6		establish actions to be taken if a prescriber's Electronic
7		Health Records System does not effectively interface with the
8		Prescription Monitoring Program within the required timeline.
9		(g) The Department, in consultation with the Prescription
10		Monitoring Program Advisory Committee, shall adopt rules
11		allowing licensed prescribers or pharmacists who have
12		registered to access the Prescription Monitoring Program to
13		authorize a licensed or non-licensed designee employed in that
14		licensed prescriber's office or a licensed designee in a
15		licensed pharmacist's pharmacy who has received training in
16		the federal Health Insurance Portability and Accountability
17		Act and 42 CFR 2 to consult the Prescription Monitoring
18		Program on their behalf. The rules shall include reasonable
19		parameters concerning a practitioner's authority to authorize
20		a designee, and the eligibility of a person to be selected as a
21		designee. In this subsection (g), "pharmacist" shall include a
22		clinical pharmacist employed by and designated by a Medicaid
23		Managed Care Organization providing services under Article V
24		of the Illinois Public Aid Code under a contract with the
25		Department of Healthcare and Family Services for the sole
26		purpose of clinical review of services provided to persons

HB5501 Engrossed - 2336 - LRB102 24698 AMC 33937 b
1		covered by the entity under the contract to determine
2		compliance with subsections (a) and (b) of Section 314.5 of
3		this Act. A managed care entity pharmacist shall notify
4		prescribers of review activities.
5		(Source: P.A. 101-81, eff. 7-12-19; 101-414, eff. 8-16-19;
6		102-527, eff. 8-20-21; revised 11-24-21.)
7		Section 620. The Prevention of Tobacco Use by Persons
8		under 21 Years of Age and Sale and Distribution of Tobacco
9		Products Act is amended by changing Section 1 as follows:
10		(720 ILCS 675/1) (from Ch. 23, par. 2357)
11		Sec. 1. Prohibition on sale of tobacco products,
12		electronic cigarettes, and alternative nicotine products to
13		persons under 21 years of age; prohibition on the distribution
14		of tobacco product samples, electronic cigarette samples, and
15		alternative nicotine product samples to any person; use of
16		identification cards; vending machines; lunch wagons;
17		out-of-package sales.
18		(a) No person shall sell, buy for, distribute samples of
19		or furnish any tobacco product, electronic cigarette, or
20		alternative nicotine product to any person under 21 years of
21		age.
22		(a-5) No person under 16 years of age may sell any tobacco
23		product, electronic cigarette, or alternative nicotine product
24		at a retail establishment selling tobacco products, electronic

HB5501 Engrossed - 2337 - LRB102 24698 AMC 33937 b
1		cigarettes, or alternative nicotine products. This subsection
2		does not apply to a sales clerk in a family-owned business
3		which can prove that the sales clerk is in fact a son or
4		daughter of the owner.
5		(a-5.1) Before selling, offering for sale, giving, or
6		furnishing a tobacco product, electronic cigarette, or
7		alternative nicotine product to another person, the person
8		selling, offering for sale, giving, or furnishing the tobacco
9		product, electronic cigarette, or alternative nicotine product
10		shall verify that the person is at least 21 years of age by:
11		(1) examining from any person that appears to be under
12		30 years of age a government-issued photographic
13		identification that establishes the person to be 21 years
14		of age or older; or
15		(2) for sales of tobacco products, electronic
16		cigarettes, or alternative nicotine products made through
17		the Internet or other remote sales methods, performing an
18		age verification through an independent, third party age
19		verification service that compares information available
20		from public records to the personal information entered by
21		the person during the ordering process that establishes
22		the person is 21 years of age or older.
23		(a-6) No person under 21 years of age in the furtherance or
24		facilitation of obtaining any tobacco product, electronic
25		cigarette, or alternative nicotine product shall display or
26		use a false or forged identification card or transfer, alter,

HB5501 Engrossed - 2338 - LRB102 24698 AMC 33937 b
1		or deface an identification card.
2		(a-7) (Blank).
3		(a-8) A person shall not distribute without charge samples
4		of any tobacco product, alternative nicotine product, or
5		electronic cigarette to any other person, regardless of age,
6		except for smokeless tobacco in an adult-only facility.
7		This subsection (a-8) does not apply to the distribution
8		of a tobacco product, electronic cigarette, or alternative
9		nicotine product sample in any adult-only facility.
10		(a-9) For the purpose of this Section:
11		"Adult-only facility" means a facility or restricted
12		area (whether open-air or enclosed) where the operator
13		ensures or has a reasonable basis to believe (such as by
14		checking identification as required under State law, or by
15		checking the identification of any person appearing to be
16		under the age of 30) that no person under legal age is
17		present. A facility or restricted area need not be
18		permanently restricted to persons under 21 years of age to
19		constitute an adult-only facility, provided that the
20		operator ensures or has a reasonable basis to believe that
21		no person under 21 years of age is present during the event
22		or time period in question.
23		"Alternative nicotine product" means a product or
24		device not consisting of or containing tobacco that
25		provides for the ingestion into the body of nicotine,
26		whether by chewing, smoking, absorbing, dissolving,

HB5501 Engrossed - 2339 - LRB102 24698 AMC 33937 b
1		inhaling, snorting, sniffing, or by any other means.
2		"Alternative nicotine product" does not include:
3		cigarettes as defined in Section 1 of the Cigarette Tax
4		Act and tobacco products as defined in Section 10-5 of the
5		Tobacco Products Tax Act of 1995; tobacco product and
6		electronic cigarette as defined in this Section; or any
7		product approved by the United States Food and Drug
8		Administration for sale as a tobacco cessation product, as
9		a tobacco dependence product, or for other medical
10		purposes, and is being marketed and sold solely for that
11		approved purpose.
12		"Electronic cigarette" means:
13		(1) any device that employs a battery or other
14		mechanism to heat a solution or substance to produce a
15		vapor or aerosol intended for inhalation;
16		(2) any cartridge or container of a solution or
17		substance intended to be used with or in the device or
18		to refill the device; or
19		(3) any solution or substance, whether or not it
20		contains nicotine intended for use in the device.
21		"Electronic cigarette" includes, but is not limited
22		to, any electronic nicotine delivery system, electronic
23		cigar, electronic cigarillo, electronic pipe, electronic
24		hookah, vape pen, or similar product or device, any
25		components or parts that can be used to build the product
26		or device, and any component, part, or accessory of a

HB5501 Engrossed - 2340 - LRB102 24698 AMC 33937 b
1		device used during the operation of the device, even if
2		the part or accessory was sold separately. "Electronic
3		cigarette" does not include: cigarettes as defined in
4		Section 1 of the Cigarette Tax Act; tobacco product and
5		alternative nicotine product as defined in this Section;
6		any product approved by the United States Food and Drug
7		Administration for sale as a tobacco cessation product, as
8		a tobacco dependence product, or for other medical
9		purposes, and is being marketed and sold solely for that
10		approved purpose; any asthma inhaler prescribed by a
11		physician for that condition and is being marketed and
12		sold solely for that approved purpose; any device that
13		meets the definition of cannabis paraphernalia under
14		Section 1-10 of the Cannabis Regulation and Tax Act; or
15		any cannabis product sold by a dispensing organization
16		pursuant to the Cannabis Regulation and Tax Act or the
17		Compassionate Use of Medical Cannabis Program Act.
18		"Lunch wagon" means a mobile vehicle designed and
19		constructed to transport food and from which food is sold
20		to the general public.
21		"Nicotine" means any form of the chemical nicotine,
22		including any salt or complex, regardless of whether the
23		chemical is naturally or synthetically derived.
24		"Tobacco product" means any product containing or made
25		from tobacco that is intended for human consumption,
26		whether smoked, heated, chewed, absorbed, dissolved,

HB5501 Engrossed - 2341 - LRB102 24698 AMC 33937 b
1		inhaled, snorted, sniffed, or ingested by any other means,
2		including, but not limited to, cigarettes, cigars, little
3		cigars, chewing tobacco, pipe tobacco, snuff, snus, and
4		any other smokeless tobacco product which contains tobacco
5		that is finely cut, ground, powdered, or leaf and intended
6		to be placed in the oral cavity. "Tobacco product"
7		includes any component, part, or accessory of a tobacco
8		product, whether or not sold separately. "Tobacco product"
9		does not include: an alternative nicotine product as
10		defined in this Section; or any product that has been
11		approved by the United States Food and Drug Administration
12		for sale as a tobacco cessation product, as a tobacco
13		dependence product, or for other medical purposes, and is
14		being marketed and sold solely for that approved purpose.
15		(b) Tobacco products, electronic cigarettes, and
16		alternative nicotine products may be sold through a vending
17		machine only if such tobacco products, electronic cigarettes,
18		and alternative nicotine products are not placed together with
19		any non-tobacco product, other than matches, in the vending
20		machine and the vending machine is in any of the following
21		locations:
22		(1) (Blank).
23		(2) Places to which persons under 21 years of age are
24		not permitted access at any time.
25		(3) Places where alcoholic beverages are sold and
26		consumed on the premises and vending machine operation is

HB5501 Engrossed - 2342 - LRB102 24698 AMC 33937 b
1		under the direct supervision of the owner or manager.
2		(4) (Blank).
3		(5) (Blank).
4		(c) (Blank).
5		(d) The sale or distribution by any person of a tobacco
6		product as defined in this Section, including, but not limited
7		to, a single or loose cigarette, that is not contained within a
8		sealed container, pack, or package as provided by the
9		manufacturer, which container, pack, or package bears the
10		health warning required by federal law, is prohibited.
11		(e) It is not a violation of this Act for a person under 21
12		years of age to purchase a tobacco product, electronic
13		cigarette, or alternative nicotine product if the person under
14		the age of 21 purchases or is given the tobacco product,
15		electronic cigarette, or alternative nicotine product in any
16		of its forms from a retail seller of tobacco products,
17		electronic cigarettes, or alternative nicotine products or an
18		employee of the retail seller pursuant to a plan or action to
19		investigate, patrol, or otherwise conduct a "sting operation"
20		or enforcement action against a retail seller of tobacco
21		products, electronic cigarettes, or alternative nicotine
22		products or a person employed by the retail seller of tobacco
23		products, electronic cigarettes, or alternative nicotine
24		products or on any premises authorized to sell tobacco
25		products, electronic cigarettes, or alternative nicotine
26		products to determine if tobacco products, electronic

HB5501 Engrossed - 2343 - LRB102 24698 AMC 33937 b
1		cigarettes, or alternative nicotine products are being sold or
2		given to persons under 21 years of age if the "sting operation"
3		or enforcement action is approved by, conducted by, or
4		conducted on behalf of the Illinois State Police, the county
5		sheriff, a municipal police department, the Department of
6		Revenue, the Department of Public Health, or a local health
7		department. The results of any sting operation or enforcement
8		action, including the name of the clerk, shall be provided to
9		the retail seller within 7 business days.
10		(f) No person shall honor or accept any discount, coupon,
11		or other benefit or reduction in price that is inconsistent
12		with 21 CFR 1140, subsequent United States Food and Drug
13		Administration industry guidance, or any rules adopted under
14		21 CFR 1140.
15		(g) Any peace officer or duly authorized member of the
16		Illinois State Police, a county sheriff's department, a
17		municipal police department, the Department of Revenue, the
18		Department of Public Health, a local health department, or the
19		Department of Human Services, upon discovering a violation of
20		subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
21		Section or a violation of the Preventing Youth Vaping Act, may
22		seize any tobacco products, alternative nicotine products, or
23		electronic cigarettes of the specific type involved in that
24		violation that are located at that place of business. The
25		tobacco products, alternative nicotine products, or electronic
26		cigarettes so seized are subject to confiscation and

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1		forfeiture.
2		(h) If, within 60 days after any seizure under subsection
3		(g), a person having any property interest in the seized
4		property is charged with an offense under this Section or a
5		violation of the Preventing Youth Vaping Act, the court that
6		renders judgment upon the charge shall, within 30 days after
7		the judgment, conduct a forfeiture hearing to determine
8		whether the seized tobacco products or electronic cigarettes
9		were part of the inventory located at the place of business
10		when a violation of subsection (a), (a-5), (a-5.1), (a-8),
11		(b), or (d) of this Section or a violation of the Preventing
12		Youth Vaping Act occurred and whether any seized tobacco
13		products or electronic cigarettes were of a type involved in
14		that violation. The hearing shall be commenced by a written
15		petition by the State, which shall include material
16		allegations of fact, the name and address of every person
17		determined by the State to have any property interest in the
18		seized property, a representation that written notice of the
19		date, time, and place of the hearing has been mailed to every
20		such person by certified mail at least 10 days before the date,
21		and a request for forfeiture. Every such person may appear as a
22		party and present evidence at the hearing. The quantum of
23		proof required shall be a preponderance of the evidence, and
24		the burden of proof shall be on the State. If the court
25		determines that the seized property was subject to forfeiture,
26		an order of forfeiture and disposition of the seized property

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1		shall be entered and the property shall be received by the
2		prosecuting office, who shall effect its destruction.
3		(i) If a seizure under subsection (g) is not followed by a
4		charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or
5		(d) of this Section or under the Preventing Youth Vaping Act,
6		or if the prosecution of the charge is permanently terminated
7		or indefinitely discontinued without any judgment of
8		conviction or acquittal:
9		(1) the prosecuting office may commence in the circuit
10		court an in rem proceeding for the forfeiture and
11		destruction of any seized tobacco products or electronic
12		cigarettes; and
13		(2) any person having any property interest in the
14		seized tobacco products or electronic cigarettes may
15		commence separate civil proceedings in the manner provided
16		by law.
17		(j) After the Department of Revenue has seized any tobacco
18		product, nicotine product, or electronic cigarette as provided
19		in subsection (g) and a person having any property interest in
20		the seized property has not been charged with an offense under
21		this Section or a violation of the Preventing Youth Vaping
22		Act, the Department of Revenue must hold a hearing and
23		determine whether the seized tobacco products, alternative
24		nicotine products, or electronic cigarettes were part of the
25		inventory located at the place of business when a violation of
26		subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this

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1		Section or a violation of the Preventing Youth Vaping Act
2		occurred and whether any seized tobacco product, alternative
3		nicotine product, or electronic cigarette was of a type
4		involved in that violation. The Department of Revenue shall
5		give not less than 20 days' notice of the time and place of the
6		hearing to the owner of the property, if the owner is known,
7		and also to the person in whose possession the property was
8		found if that person is known and if the person in possession
9		is not the owner of the property. If neither the owner nor the
10		person in possession of the property is known, the Department
11		of Revenue must cause publication of the time and place of the
12		hearing to be made at least once each week for 3 weeks
13		successively in a newspaper of general circulation in the
14		county where the hearing is to be held.
15		If, as the result of the hearing, the Department of
16		Revenue determines that the tobacco products, alternative
17		nicotine products, or the electronic cigarettes were part of
18		the inventory located at the place of business when a
19		violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or
20		(d) of this Section or a violation of the Preventing Youth
21		Vaping Act at the time of seizure, the Department of Revenue
22		must enter an order declaring the tobacco product, alternative
23		nicotine product, or electronic cigarette confiscated and
24		forfeited to the State, to be held by the Department of Revenue
25		for disposal by it as provided in Section 10-58 of the Tobacco
26		Products Tax Act of 1995. The Department of Revenue must give

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1		notice of the order to the owner of the property, if the owner
2		is known, and also to the person in whose possession the
3		property was found if that person is known and if the person in
4		possession is not the owner of the property. If neither the
5		owner nor the person in possession of the property is known,
6		the Department of Revenue must cause publication of the order
7		to be made at least once each week for 3 weeks successively in
8		a newspaper of general circulation in the county where the
9		hearing was held.
10		(Source: P.A. 101-2, eff. 7-1-19; 102-538, eff. 8-20-21;
11		102-575, eff. 1-1-22; revised 10-20-21.)
12		Section 625. The Code of Criminal Procedure of 1963 is
13		amended by changing Sections 106D-1, 107-4, 109-1, 110-1,
14		110-3, 110-5, 112A-14, 112A-20, and 112A-23 and by renumbering
15		Section 123 as follows:
16		(725 ILCS 5/106D-1)
17		(Text of Section before amendment by P.A. 101-652)
18		Sec. 106D-1. Defendant's appearance by closed circuit
19		television and video conference.
20		(a) Whenever the appearance in person in court, in either
21		a civil or criminal proceeding, is required of anyone held in a
22		place of custody or confinement operated by the State or any of
23		its political subdivisions, including counties and
24		municipalities, the chief judge of the circuit by rule may

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1		permit the personal appearance to be made by means of two-way
2		audio-visual communication, including closed circuit
3		television and computerized video conference, in the following
4		proceedings:
5		(1) the initial appearance before a judge on a
6		criminal complaint, at which bail will be set;
7		(2) the waiver of a preliminary hearing;
8		(3) the arraignment on an information or indictment at
9		which a plea of not guilty will be entered;
10		(4) the presentation of a jury waiver;
11		(5) any status hearing;
12		(6) any hearing conducted under the Sexually Violent
13		Persons Commitment Act at which no witness testimony will
14		be taken; and
15		(7) at any hearing at which no witness testimony will
16		be taken conducted under the following:
17		(A) Section 104-20 of this Code (90-day hearings);
18		(B) Section 104-22 of this Code (trial with
19		special provisions and assistance);
20		(C) Section 104-25 of this Code (discharge
21		hearing); or
22		(D) Section 5-2-4 of the Unified Code of
23		Corrections (proceedings after acquittal by reason of
24		insanity).
25		(b) The two-way audio-visual communication facilities must
26		provide two-way audio-visual communication between the court

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1		and the place of custody or confinement, and must include a
2		secure line over which the person in custody and his or her
3		counsel, if any, may communicate.
4		(c) Nothing in this Section shall be construed to prohibit
5		other court appearances through the use of two-way
6		audio-visual communication, upon waiver of any right the
7		person in custody or confinement may have to be present
8		physically.
9		(d) Nothing in this Section shall be construed to
10		establish a right of any person held in custody or confinement
11		to appear in court through two-way audio-visual communication
12		or to require that any governmental entity, or place of
13		custody or confinement, provide two-way audio-visual
14		communication.
15		(Source: P.A. 102-486, eff. 8-20-21.)
16		(Text of Section after amendment by P.A. 101-652)
17		Sec. 106D-1. Defendant's appearance by closed circuit
18		television and video conference.
19		(a) Whenever the appearance in person in court, in either
20		a civil or criminal proceeding, is required of anyone held in a
21		place of custody or confinement operated by the State or any of
22		its political subdivisions, including counties and
23		municipalities, the chief judge of the circuit by rule may
24		permit the personal appearance to be made by means of two-way
25		audio-visual communication, including closed circuit

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1		television and computerized video conference, in the following
2		proceedings:
3		(1) the initial appearance before a judge on a
4		criminal complaint, at which the conditions of pretrial
5		release will be set;
6		(2) the waiver of a preliminary hearing;
7		(3) the arraignment on an information or indictment at
8		which a plea of not guilty will be entered;
9		(4) the presentation of a jury waiver;
10		(5) any status hearing;
11		(6) any hearing conducted under the Sexually Violent
12		Persons Commitment Act at which no witness testimony will
13		be taken; and
14		(7) at any hearing at which no witness testimony will
15		be taken conducted under the following:
16		(A) Section 104-20 of this Code (90-day hearings);
17		(B) Section 104-22 of this Code (trial with
18		special provisions and assistance);
19		(C) Section 104-25 of this Code (discharge
20		hearing); or
21		(D) Section 5-2-4 of the Unified Code of
22		Corrections (proceedings after acquittal by reason of
23		insanity).
24		(b) The two-way audio-visual communication facilities must
25		provide two-way audio-visual communication between the court
26		and the place of custody or confinement, and must include a

HB5501 Engrossed - 2351 - LRB102 24698 AMC 33937 b
1		secure line over which the person in custody and his or her
2		counsel, if any, may communicate.
3		(c) Nothing in this Section shall be construed to prohibit
4		other court appearances through the use of two-way
5		audio-visual communication, upon waiver of any right the
6		person in custody or confinement may have to be present
7		physically.
8		(d) Nothing in this Section shall be construed to
9		establish a right of any person held in custody or confinement
10		to appear in court through two-way audio-visual communication
11		or to require that any governmental entity, or place of
12		custody or confinement, provide two-way audio-visual
13		communication.
14		(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
15		revised 10-12-21.)
16		(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
17		(Text of Section before amendment by P.A. 101-652)
18		Sec. 107-4. Arrest by peace officer from other
19		jurisdiction.
20		(a) As used in this Section:
21		(1) "State" means any State of the United States and
22		the District of Columbia.
23		(2) "Peace Officer" means any peace officer or member
24		of any duly organized State, County, or Municipal peace
25		unit, any police force of another State, the United States

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1		Department of Defense, or any police force whose members,
2		by statute, are granted and authorized to exercise powers
3		similar to those conferred upon any peace officer employed
4		by a law enforcement agency of this State.
5		(3) "Fresh pursuit" means the immediate pursuit of a
6		person who is endeavoring to avoid arrest.
7		(4) "Law enforcement agency" means a municipal police
8		department or county sheriff's office of this State.
9		(a-3) Any peace officer employed by a law enforcement
10		agency of this State may conduct temporary questioning
11		pursuant to Section 107-14 of this Code and may make arrests in
12		any jurisdiction within this State: (1) if the officer is
13		engaged in the investigation of criminal activity that
14		occurred in the officer's primary jurisdiction and the
15		temporary questioning or arrest relates to, arises from, or is
16		conducted pursuant to that investigation; or (2) if the
17		officer, while on duty as a peace officer, becomes personally
18		aware of the immediate commission of a felony or misdemeanor
19		violation of the laws of this State; or (3) if the officer,
20		while on duty as a peace officer, is requested by an
21		appropriate State or local law enforcement official to render
22		aid or assistance to the requesting law enforcement agency
23		that is outside the officer's primary jurisdiction; or (4) in
24		accordance with Section 2605-580 of the Illinois State Police
25		Law of the Civil Administrative Code of Illinois. While acting
26		pursuant to this subsection, an officer has the same authority

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1		as within his or her own jurisdiction.
2		(a-7) The law enforcement agency of the county or
3		municipality in which any arrest is made under this Section
4		shall be immediately notified of the arrest.
5		(b) Any peace officer of another State who enters this
6		State in fresh pursuit and continues within this State in
7		fresh pursuit of a person in order to arrest him on the ground
8		that he has committed an offense in the other State has the
9		same authority to arrest and hold the person in custody as
10		peace officers of this State have to arrest and hold a person
11		in custody on the ground that he has committed an offense in
12		this State.
13		(c) If an arrest is made in this State by a peace officer
14		of another State in accordance with the provisions of this
15		Section he shall without unnecessary delay take the person
16		arrested before the circuit court of the county in which the
17		arrest was made. Such court shall conduct a hearing for the
18		purpose of determining the lawfulness of the arrest. If the
19		court determines that the arrest was lawful it shall commit
20		the person arrested, to await for a reasonable time the
21		issuance of an extradition warrant by the Governor of this
22		State, or admit him to bail for such purpose. If the court
23		determines that the arrest was unlawful it shall discharge the
24		person arrested.
25		(Source: P.A. 102-538, eff. 8-20-21.)

HB5501 Engrossed - 2354 - LRB102 24698 AMC 33937 b
1		(Text of Section after amendment by P.A. 101-652)
2		Sec. 107-4. Arrest by peace officer from other
3		jurisdiction.
4		(a) As used in this Section:
5		(1) "State" means any State of the United States and
6		the District of Columbia.
7		(2) "Peace Officer" means any peace officer or member
8		of any duly organized State, County, or Municipal peace
9		unit, any police force of another State, the United States
10		Department of Defense, or any police force whose members,
11		by statute, are granted and authorized to exercise powers
12		similar to those conferred upon any peace officer employed
13		by a law enforcement agency of this State.
14		(3) "Fresh pursuit" means the immediate pursuit of a
15		person who is endeavoring to avoid arrest.
16		(4) "Law enforcement agency" means a municipal police
17		department or county sheriff's office of this State.
18		(a-3) Any peace officer employed by a law enforcement
19		agency of this State may conduct temporary questioning
20		pursuant to Section 107-14 of this Code and may make arrests in
21		any jurisdiction within this State: (1) if the officer is
22		engaged in the investigation of criminal activity that
23		occurred in the officer's primary jurisdiction and the
24		temporary questioning or arrest relates to, arises from, or is
25		conducted pursuant to that investigation; or (2) if the
26		officer, while on duty as a peace officer, becomes personally

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1		aware of the immediate commission of a felony or misdemeanor
2		violation of the laws of this State; or (3) if the officer,
3		while on duty as a peace officer, is requested by an
4		appropriate State or local law enforcement official to render
5		aid or assistance to the requesting law enforcement agency
6		that is outside the officer's primary jurisdiction; or (4) in
7		accordance with Section 2605-580 of the Illinois State Police
8		Law of the Civil Administrative Code of Illinois. While acting
9		pursuant to this subsection, an officer has the same authority
10		as within his or her own jurisdiction.
11		(a-7) The law enforcement agency of the county or
12		municipality in which any arrest is made under this Section
13		shall be immediately notified of the arrest.
14		(b) Any peace officer of another State who enters this
15		State in fresh pursuit and continues within this State in
16		fresh pursuit of a person in order to arrest him on the ground
17		that he has committed an offense in the other State has the
18		same authority to arrest and hold the person in custody as
19		peace officers of this State have to arrest and hold a person
20		in custody on the ground that he has committed an offense in
21		this State.
22		(c) If an arrest is made in this State by a peace officer
23		of another State in accordance with the provisions of this
24		Section he shall without unnecessary delay take the person
25		arrested before the circuit court of the county in which the
26		arrest was made. Such court shall conduct a hearing for the

HB5501 Engrossed - 2356 - LRB102 24698 AMC 33937 b
1		purpose of determining the lawfulness of the arrest. If the
2		court determines that the arrest was lawful it shall commit
3		the person arrested, to await for a reasonable time the
4		issuance of an extradition warrant by the Governor of this
5		State, or admit him to pretrial release for such purpose. If
6		the court determines that the arrest was unlawful it shall
7		discharge the person arrested.
8		(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
9		revised 10-20-21.)
10		(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
11		(Text of Section before amendment by P.A. 101-652)
12		Sec. 109-1. Person arrested.
13		(a) A person arrested with or without a warrant shall be
14		taken without unnecessary delay before the nearest and most
15		accessible judge in that county, except when such county is a
16		participant in a regional jail authority, in which event such
17		person may be taken to the nearest and most accessible judge,
18		irrespective of the county where such judge presides, and a
19		charge shall be filed. Whenever a person arrested either with
20		or without a warrant is required to be taken before a judge, a
21		charge may be filed against such person by way of a two-way
22		closed circuit television system, except that a hearing to
23		deny bail to the defendant may not be conducted by way of
24		closed circuit television.
25		(a-5) A person charged with an offense shall be allowed

HB5501 Engrossed - 2357 - LRB102 24698 AMC 33937 b
1		counsel at the hearing at which bail is determined under
2		Article 110 of this Code. If the defendant desires counsel for
3		his or her initial appearance but is unable to obtain counsel,
4		the court shall appoint a public defender or licensed attorney
5		at law of this State to represent him or her for purposes of
6		that hearing.
7		(b) The judge shall:
8		(1) Inform the defendant of the charge against him and
9		shall provide him with a copy of the charge;
10		(2) Advise the defendant of his right to counsel and
11		if indigent shall appoint a public defender or licensed
12		attorney at law of this State to represent him in
13		accordance with the provisions of Section 113-3 of this
14		Code;
15		(3) Schedule a preliminary hearing in appropriate
16		cases;
17		(4) Admit the defendant to bail in accordance with the
18		provisions of Article 110 of this Code; and
19		(5) Order the confiscation of the person's passport or
20		impose travel restrictions on a defendant arrested for
21		first degree murder or other violent crime as defined in
22		Section 3 of the Rights of Crime Victims and Witnesses
23		Act, if the judge determines, based on the factors in
24		Section 110-5 of this Code, that this will reasonably
25		ensure the appearance of the defendant and compliance by
26		the defendant with all conditions of release.

HB5501 Engrossed - 2358 - LRB102 24698 AMC 33937 b
1		(c) The court may issue an order of protection in
2		accordance with the provisions of Article 112A of this Code.
3		(d) At the initial appearance of a defendant in any
4		criminal proceeding, the court must advise the defendant in
5		open court that any foreign national who is arrested or
6		detained has the right to have notice of the arrest or
7		detention given to his or her country's consular
8		representatives and the right to communicate with those
9		consular representatives if the notice has not already been
10		provided. The court must make a written record of so advising
11		the defendant.
12		(e) If consular notification is not provided to a
13		defendant before his or her first appearance in court, the
14		court shall grant any reasonable request for a continuance of
15		the proceedings to allow contact with the defendant's
16		consulate. Any delay caused by the granting of the request by a
17		defendant shall temporarily suspend for the time of the delay
18		the period within which a person shall be tried as prescribed
19		by subsections (a), (b), or (e) of Section 103-5 of this Code
20		and on the day of the expiration of delay the period shall
21		continue at the point at which it was suspended.
22		(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
23		eff. 1-1-18.)
24		(Text of Section after amendment by P.A. 101-652)
25		Sec. 109-1. Person arrested; release from law enforcement

HB5501 Engrossed - 2359 - LRB102 24698 AMC 33937 b
1		custody and court appearance; geographical constraints prevent
2		in-person appearances.
3		(a) A person arrested with or without a warrant for an
4		offense for which pretrial release may be denied under
5		paragraphs (1) through (6) of Section 110-6.1 shall be taken
6		without unnecessary delay before the nearest and most
7		accessible judge in that county, except when such county is a
8		participant in a regional jail authority, in which event such
9		person may be taken to the nearest and most accessible judge,
10		irrespective of the county where such judge presides, and a
11		charge shall be filed. Whenever a person arrested either with
12		or without a warrant is required to be taken before a judge, a
13		charge may be filed against such person by way of a two-way
14		closed circuit television system, except that a hearing to
15		deny pretrial release to the defendant may not be conducted by
16		way of closed circuit television.
17		(a-1) Law enforcement shall issue a citation in lieu of
18		custodial arrest, upon proper identification, for those
19		accused of traffic and Class B and C criminal misdemeanor
20		offenses, or of petty and business offenses, who pose no
21		obvious threat to the community or any person, or who have no
22		obvious medical or mental health issues that pose a risk to
23		their own safety. Those released on citation shall be
24		scheduled into court within 21 days.
25		(a-3) A person arrested with or without a warrant for an
26		offense for which pretrial release may not be denied may,

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1		except as otherwise provided in this Code, be released by the
2		officer without appearing before a judge. The releasing
3		officer shall issue the person a summons to appear within 21
4		days. A presumption in favor of pretrial release shall be by
5		applied by an arresting officer in the exercise of his or her
6		discretion under this Section.
7		(a-5) A person charged with an offense shall be allowed
8		counsel at the hearing at which pretrial release is determined
9		under Article 110 of this Code. If the defendant desires
10		counsel for his or her initial appearance but is unable to
11		obtain counsel, the court shall appoint a public defender or
12		licensed attorney at law of this State to represent him or her
13		for purposes of that hearing.
14		(b) Upon initial appearance of a person before the court,
15		the judge shall:
16		(1) inform the defendant of the charge against him and
17		shall provide him with a copy of the charge;
18		(2) advise the defendant of his right to counsel and
19		if indigent shall appoint a public defender or licensed
20		attorney at law of this State to represent him in
21		accordance with the provisions of Section 113-3 of this
22		Code;
23		(3) schedule a preliminary hearing in appropriate
24		cases;
25		(4) admit the defendant to pretrial release in
26		accordance with the provisions of Article 110 110/5 of

HB5501 Engrossed - 2361 - LRB102 24698 AMC 33937 b
1		this Code, or upon verified petition of the State, proceed
2		with the setting of a detention hearing as provided in
3		Section 110-6.1; and
4		(5) order Order the confiscation of the person's
5		passport or impose travel restrictions on a defendant
6		arrested for first degree murder or other violent crime as
7		defined in Section 3 of the Rights of Crime Victims and
8		Witnesses Act, if the judge determines, based on the
9		factors in Section 110-5 of this Code, that this will
10		reasonably ensure the appearance of the defendant and
11		compliance by the defendant with all conditions of
12		release.
13		(c) The court may issue an order of protection in
14		accordance with the provisions of Article 112A of this Code.
15		Crime victims shall be given notice by the State's Attorney's
16		office of this hearing as required in paragraph (2) of
17		subsection (b) of Section 4.5 of the Rights of Crime Victims
18		and Witnesses Act and shall be informed of their opportunity
19		at this hearing to obtain an order of protection under Article
20		112A of this Code.
21		(d) At the initial appearance of a defendant in any
22		criminal proceeding, the court must advise the defendant in
23		open court that any foreign national who is arrested or
24		detained has the right to have notice of the arrest or
25		detention given to his or her country's consular
26		representatives and the right to communicate with those

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1		consular representatives if the notice has not already been
2		provided. The court must make a written record of so advising
3		the defendant.
4		(e) If consular notification is not provided to a
5		defendant before his or her first appearance in court, the
6		court shall grant any reasonable request for a continuance of
7		the proceedings to allow contact with the defendant's
8		consulate. Any delay caused by the granting of the request by a
9		defendant shall temporarily suspend for the time of the delay
10		the period within which a person shall be tried as prescribed
11		by subsection subsections (a), (b), or (e) of Section 103-5 of
12		this Code and on the day of the expiration of delay the period
13		shall continue at the point at which it was suspended.
14		(f) At the hearing at which conditions of pretrial release
15		are determined, the person charged shall be present in person
16		rather than by video phone or any other form of electronic
17		communication, unless the physical health and safety of the
18		person would be endangered by appearing in court or the
19		accused waives the right to be present in person.
20		(g) Defense counsel shall be given adequate opportunity to
21		confer with the defendant Defendant prior to any hearing in
22		which conditions of release or the detention of the defendant
23		Defendant is to be considered, with a physical accommodation
24		made to facilitate attorney/client consultation.
25		(Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23;
26		revised 11-24-21.)

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1		(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
2		(Text of Section before amendment by P.A. 101-652)
3		Sec. 110-1. Definitions.
4		(a) "Security" is that which is required to be pledged to
5		insure the payment of bail.
6		(b) "Sureties" encompasses the monetary and nonmonetary
7		requirements set by the court as conditions for release either
8		before or after conviction. "Surety" is one who executes a
9		bail bond and binds himself to pay the bail if the person in
10		custody fails to comply with all conditions of the bail bond.
11		(c) The phrase "for which a sentence of imprisonment,
12		without conditional and revocable release, shall be imposed by
13		law as a consequence of conviction" means an offense for which
14		a sentence of imprisonment, without probation, periodic
15		imprisonment or conditional discharge, is required by law upon
16		conviction.
17		(d) "Real and present threat to the physical safety of any
18		person or persons", as used in this Article, includes a threat
19		to the community, person, persons or class of persons.
20		(Source: P.A. 85-892.)
21		(Text of Section after amendment by P.A. 101-652)
22		Sec. 110-1. Definitions. As used in this Article:
23		(a) (Blank).
24		(b) "Sureties" encompasses the monetary and nonmonetary

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1		requirements set by the court as conditions for release either
2		before or after conviction.
3		(c) The phrase "for which a sentence of imprisonment,
4		without conditional and revocable release, shall be imposed by
5		law as a consequence of conviction" means an offense for which
6		a sentence of imprisonment, without probation, periodic
7		imprisonment or conditional discharge, is required by law upon
8		conviction.
9		(d) (Blank).)
10		(e) "Willful flight" means planning or attempting to
11		intentionally evade prosecution by concealing oneself. Simple
12		past non-appearance in court alone is not evidence of future
13		intent to evade prosecution.
14		(Source: P.A. 101-652, eff. 1-1-23; revised 11-24-21.)
15		(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
16		(Text of Section before amendment by P.A. 101-652)
17		Sec. 110-3. Issuance of warrant. Upon failure to comply
18		with any condition of a bail bond or recognizance, the court
19		having jurisdiction at the time of such failure may, in
20		addition to any other action provided by law, issue a warrant
21		for the arrest of the person at liberty on bail or his own
22		recognizance. The contents of such a warrant shall be the same
23		as required for an arrest warrant issued upon complaint. When
24		a defendant is at liberty on bail or his own recognizance on a
25		felony charge and fails to appear in court as directed, the

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1		court shall issue a warrant for the arrest of such person. Such
2		warrant shall be noted with a directive to peace officers to
3		arrest the person and hold such person without bail and to
4		deliver such person before the court for further proceedings.
5		A defendant who is arrested or surrenders within 30 days of the
6		issuance of such warrant shall not be bailable in the case in
7		question unless he shows by the preponderance of the evidence
8		that his failure to appear was not intentional.
9		(Source: P.A. 86-298; 86-984; 86-1028; revised 12-13-21.)
10		(Text of Section after amendment by P.A. 101-652)
11		Sec. 110-3. Options for warrant alternatives.
12		(a) Upon failure to comply with any condition of pretrial
13		release or recognizance, the court having jurisdiction at the
14		time of such failure may, on its own motion or upon motion from
15		the State, issue an order to show cause as to why he or she
16		shall not be subject to revocation of pretrial release, or for
17		sanctions, as provided in Section 110-6. Nothing in this
18		Section prohibits the court from issuing a warrant under
19		subsection (c) upon failure to comply with any condition of
20		pretrial release or recognizance.
21		(b) The order issued by the court shall state the facts
22		alleged to constitute the hearing to show cause or otherwise
23		why the person is subject to revocation of pretrial release. A
24		certified copy of the order shall be served upon the person at
25		least 48 hours in advance of the scheduled hearing.

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1		(c) If the person does not appear at the hearing to show
2		cause or absconds, the court may, in addition to any other
3		action provided by law, issue a warrant for the arrest of the
4		person at liberty on pretrial release. The contents of such a
5		warrant shall be the same as required for an arrest warrant
6		issued upon complaint and may modify any previously imposed
7		conditions placed upon the person, rather than revoking
8		pretrial release or issuing a warrant for the person in
9		accordance with the requirements in subsections (d) and (e) of
10		Section 110-5. When a defendant is at liberty on pretrial
11		release or his own recognizance on a felony charge and fails to
12		appear in court as directed, the court may issue a warrant for
13		the arrest of such person after his or her failure to appear at
14		the show for cause hearing as provided in this Section. Such
15		warrant shall be noted with a directive to peace officers to
16		arrest the person and hold such person without pretrial
17		release and to deliver such person before the court for
18		further proceedings.
19		(d) If the order as described in subsection (b) Subsection
20		B is issued, a failure to appear shall not be recorded until
21		the defendant Defendant fails to appear at the hearing to show
22		cause. For the purpose of any risk assessment or future
23		evaluation of risk of willful flight or risk of failure to
24		appear, a non-appearance in court cured by an appearance at
25		the hearing to show cause shall not be considered as evidence
26		of future likelihood of appearance in court.

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1		(Source: P.A. 101-652, eff. 1-1-23; revised 12-13-21.)
2		(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
3		(Text of Section before amendment by P.A. 101-652)
4		Sec. 110-5. Determining the amount of bail and conditions
5		of release.
6		(a) In determining the amount of monetary bail or
7		conditions of release, if any, which will reasonably assure
8		the appearance of a defendant as required or the safety of any
9		other person or the community and the likelihood of compliance
10		by the defendant with all the conditions of bail, the court
11		shall, on the basis of available information, take into
12		account such matters as the nature and circumstances of the
13		offense charged, whether the evidence shows that as part of
14		the offense there was a use of violence or threatened use of
15		violence, whether the offense involved corruption of public
16		officials or employees, whether there was physical harm or
17		threats of physical harm to any public official, public
18		employee, judge, prosecutor, juror or witness, senior citizen,
19		child, or person with a disability, whether evidence shows
20		that during the offense or during the arrest the defendant
21		possessed or used a firearm, machine gun, explosive or metal
22		piercing ammunition or explosive bomb device or any military
23		or paramilitary armament, whether the evidence shows that the
24		offense committed was related to or in furtherance of the
25		criminal activities of an organized gang or was motivated by

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1		the defendant's membership in or allegiance to an organized
2		gang, the condition of the victim, any written statement
3		submitted by the victim or proffer or representation by the
4		State regarding the impact which the alleged criminal conduct
5		has had on the victim and the victim's concern, if any, with
6		further contact with the defendant if released on bail,
7		whether the offense was based on racial, religious, sexual
8		orientation or ethnic hatred, the likelihood of the filing of
9		a greater charge, the likelihood of conviction, the sentence
10		applicable upon conviction, the weight of the evidence against
11		such defendant, whether there exists motivation or ability to
12		flee, whether there is any verification as to prior residence,
13		education, or family ties in the local jurisdiction, in
14		another county, state or foreign country, the defendant's
15		employment, financial resources, character and mental
16		condition, past conduct, prior use of alias names or dates of
17		birth, and length of residence in the community, the consent
18		of the defendant to periodic drug testing in accordance with
19		Section 110-6.5, whether a foreign national defendant is
20		lawfully admitted in the United States of America, whether the
21		government of the foreign national maintains an extradition
22		treaty with the United States by which the foreign government
23		will extradite to the United States its national for a trial
24		for a crime allegedly committed in the United States, whether
25		the defendant is currently subject to deportation or exclusion
26		under the immigration laws of the United States, whether the

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1		defendant, although a United States citizen, is considered
2		under the law of any foreign state a national of that state for
3		the purposes of extradition or non-extradition to the United
4		States, the amount of unrecovered proceeds lost as a result of
5		the alleged offense, the source of bail funds tendered or
6		sought to be tendered for bail, whether from the totality of
7		the court's consideration, the loss of funds posted or sought
8		to be posted for bail will not deter the defendant from flight,
9		whether the evidence shows that the defendant is engaged in
10		significant possession, manufacture, or delivery of a
11		controlled substance or cannabis, either individually or in
12		consort with others, whether at the time of the offense
13		charged he or she was on bond or pre-trial release pending
14		trial, probation, periodic imprisonment or conditional
15		discharge pursuant to this Code or the comparable Code of any
16		other state or federal jurisdiction, whether the defendant is
17		on bond or pre-trial release pending the imposition or
18		execution of sentence or appeal of sentence for any offense
19		under the laws of Illinois or any other state or federal
20		jurisdiction, whether the defendant is under parole, aftercare
21		release, mandatory supervised release, or work release from
22		the Illinois Department of Corrections or Illinois Department
23		of Juvenile Justice or any penal institution or corrections
24		department of any state or federal jurisdiction, the
25		defendant's record of convictions, whether the defendant has
26		been convicted of a misdemeanor or ordinance offense in

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1		Illinois or similar offense in other state or federal
2		jurisdiction within the 10 years preceding the current charge
3		or convicted of a felony in Illinois, whether the defendant
4		was convicted of an offense in another state or federal
5		jurisdiction that would be a felony if committed in Illinois
6		within the 20 years preceding the current charge or has been
7		convicted of such felony and released from the penitentiary
8		within 20 years preceding the current charge if a penitentiary
9		sentence was imposed in Illinois or other state or federal
10		jurisdiction, the defendant's records of juvenile adjudication
11		of delinquency in any jurisdiction, any record of appearance
12		or failure to appear by the defendant at court proceedings,
13		whether there was flight to avoid arrest or prosecution,
14		whether the defendant escaped or attempted to escape to avoid
15		arrest, whether the defendant refused to identify himself or
16		herself, or whether there was a refusal by the defendant to be
17		fingerprinted as required by law. Information used by the
18		court in its findings or stated in or offered in connection
19		with this Section may be by way of proffer based upon reliable
20		information offered by the State or defendant. All evidence
21		shall be admissible if it is relevant and reliable regardless
22		of whether it would be admissible under the rules of evidence
23		applicable at criminal trials. If the State presents evidence
24		that the offense committed by the defendant was related to or
25		in furtherance of the criminal activities of an organized gang
26		or was motivated by the defendant's membership in or

HB5501 Engrossed - 2371 - LRB102 24698 AMC 33937 b
1		allegiance to an organized gang, and if the court determines
2		that the evidence may be substantiated, the court shall
3		prohibit the defendant from associating with other members of
4		the organized gang as a condition of bail or release. For the
5		purposes of this Section, "organized gang" has the meaning
6		ascribed to it in Section 10 of the Illinois Streetgang
7		Terrorism Omnibus Prevention Act.
8		(a-5) There shall be a presumption that any conditions of
9		release imposed shall be non-monetary in nature and the court
10		shall impose the least restrictive conditions or combination
11		of conditions necessary to reasonably assure the appearance of
12		the defendant for further court proceedings and protect the
13		integrity of the judicial proceedings from a specific threat
14		to a witness or participant. Conditions of release may
15		include, but not be limited to, electronic home monitoring,
16		curfews, drug counseling, stay-away orders, and in-person
17		reporting. The court shall consider the defendant's
18		socio-economic circumstance when setting conditions of release
19		or imposing monetary bail.
20		(b) The amount of bail shall be:
21		(1) Sufficient to assure compliance with the
22		conditions set forth in the bail bond, which shall include
23		the defendant's current address with a written
24		admonishment to the defendant that he or she must comply
25		with the provisions of Section 110-12 regarding any change
26		in his or her address. The defendant's address shall at

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1		all times remain a matter of public record with the clerk
2		of the court.
3		(2) Not oppressive.
4		(3) Considerate of the financial ability of the
5		accused.
6		(4) When a person is charged with a drug related
7		offense involving possession or delivery of cannabis or
8		possession or delivery of a controlled substance as
9		defined in the Cannabis Control Act, the Illinois
10		Controlled Substances Act, or the Methamphetamine Control
11		and Community Protection Act, the full street value of the
12		drugs seized shall be considered. "Street value" shall be
13		determined by the court on the basis of a proffer by the
14		State based upon reliable information of a law enforcement
15		official contained in a written report as to the amount
16		seized and such proffer may be used by the court as to the
17		current street value of the smallest unit of the drug
18		seized.
19		(b-5) Upon the filing of a written request demonstrating
20		reasonable cause, the State's Attorney may request a source of
21		bail hearing either before or after the posting of any funds.
22		If the hearing is granted, before the posting of any bail, the
23		accused must file a written notice requesting that the court
24		conduct a source of bail hearing. The notice must be
25		accompanied by justifying affidavits stating the legitimate
26		and lawful source of funds for bail. At the hearing, the court

HB5501 Engrossed - 2373 - LRB102 24698 AMC 33937 b
1		shall inquire into any matters stated in any justifying
2		affidavits, and may also inquire into matters appropriate to
3		the determination which shall include, but are not limited to,
4		the following:
5		(1) the background, character, reputation, and
6		relationship to the accused of any surety; and
7		(2) the source of any money or property deposited by
8		any surety, and whether any such money or property
9		constitutes the fruits of criminal or unlawful conduct;
10		and
11		(3) the source of any money posted as cash bail, and
12		whether any such money constitutes the fruits of criminal
13		or unlawful conduct; and
14		(4) the background, character, reputation, and
15		relationship to the accused of the person posting cash
16		bail.
17		Upon setting the hearing, the court shall examine, under
18		oath, any persons who may possess material information.
19		The State's Attorney has a right to attend the hearing, to
20		call witnesses and to examine any witness in the proceeding.
21		The court shall, upon request of the State's Attorney,
22		continue the proceedings for a reasonable period to allow the
23		State's Attorney to investigate the matter raised in any
24		testimony or affidavit. If the hearing is granted after the
25		accused has posted bail, the court shall conduct a hearing
26		consistent with this subsection (b-5). At the conclusion of

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1		the hearing, the court must issue an order either approving or
2		disapproving the bail.
3		(c) When a person is charged with an offense punishable by
4		fine only the amount of the bail shall not exceed double the
5		amount of the maximum penalty.
6		(d) When a person has been convicted of an offense and only
7		a fine has been imposed the amount of the bail shall not exceed
8		double the amount of the fine.
9		(e) The State may appeal any order granting bail or
10		setting a given amount for bail.
11		(f) When a person is charged with a violation of an order
12		of protection under Section 12-3.4 or 12-30 of the Criminal
13		Code of 1961 or the Criminal Code of 2012 or when a person is
14		charged with domestic battery, aggravated domestic battery,
15		kidnapping, aggravated kidnaping, unlawful restraint,
16		aggravated unlawful restraint, stalking, aggravated stalking,
17		cyberstalking, harassment by telephone, harassment through
18		electronic communications, or an attempt to commit first
19		degree murder committed against an intimate partner regardless
20		whether an order of protection has been issued against the
21		person,
22		(1) whether the alleged incident involved harassment
23		or abuse, as defined in the Illinois Domestic Violence Act
24		of 1986;
25		(2) whether the person has a history of domestic
26		violence, as defined in the Illinois Domestic Violence

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1		Act, or a history of other criminal acts;
2		(3) based on the mental health of the person;
3		(4) whether the person has a history of violating the
4		orders of any court or governmental entity;
5		(5) whether the person has been, or is, potentially a
6		threat to any other person;
7		(6) whether the person has access to deadly weapons or
8		a history of using deadly weapons;
9		(7) whether the person has a history of abusing
10		alcohol or any controlled substance;
11		(8) based on the severity of the alleged incident that
12		is the basis of the alleged offense, including, but not
13		limited to, the duration of the current incident, and
14		whether the alleged incident involved the use of a weapon,
15		physical injury, sexual assault, strangulation, abuse
16		during the alleged victim's pregnancy, abuse of pets, or
17		forcible entry to gain access to the alleged victim;
18		(9) whether a separation of the person from the
19		alleged victim or a termination of the relationship
20		between the person and the alleged victim has recently
21		occurred or is pending;
22		(10) whether the person has exhibited obsessive or
23		controlling behaviors toward the alleged victim,
24		including, but not limited to, stalking, surveillance, or
25		isolation of the alleged victim or victim's family member
26		or members;

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1		(11) whether the person has expressed suicidal or
2		homicidal ideations;
3		(12) based on any information contained in the
4		complaint and any police reports, affidavits, or other
5		documents accompanying the complaint,
6		the court may, in its discretion, order the respondent to
7		undergo a risk assessment evaluation using a recognized,
8		evidence-based instrument conducted by an Illinois Department
9		of Human Services approved partner abuse intervention program
10		provider, pretrial service, probation, or parole agency. These
11		agencies shall have access to summaries of the defendant's
12		criminal history, which shall not include victim interviews or
13		information, for the risk evaluation. Based on the information
14		collected from the 12 points to be considered at a bail hearing
15		under this subsection (f), the results of any risk evaluation
16		conducted and the other circumstances of the violation, the
17		court may order that the person, as a condition of bail, be
18		placed under electronic surveillance as provided in Section
19		5-8A-7 of the Unified Code of Corrections. Upon making a
20		determination whether or not to order the respondent to
21		undergo a risk assessment evaluation or to be placed under
22		electronic surveillance and risk assessment, the court shall
23		document in the record the court's reasons for making those
24		determinations. The cost of the electronic surveillance and
25		risk assessment shall be paid by, or on behalf, of the
26		defendant. As used in this subsection (f), "intimate partner"

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1		means a spouse or a current or former partner in a cohabitation
2		or dating relationship.
3		(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18;
4		102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
5		(Text of Section after amendment by P.A. 101-652)
6		Sec. 110-5. Determining the amount of bail and conditions
7		of release.
8		(a) In determining which or conditions of pretrial
9		release, if any, which will reasonably assure the appearance
10		of a defendant as required or the safety of any other person or
11		the community and the likelihood of compliance by the
12		defendant with all the conditions of pretrial release, the
13		court shall, on the basis of available information, take into
14		account such matters as:
15		(1) the nature and circumstances of the offense
16		charged;
17		(2) the weight of the evidence against the eligible
18		defendant, except that the court may consider the
19		admissibility of any evidence sought to be excluded;
20		(3) the history and characteristics of the eligible
21		defendant, including:
22		(A) the eligible defendant's character, physical
23		and mental condition, family ties, employment,
24		financial resources, length of residence in the
25		community, community ties, past relating to drug or

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1		alcohol abuse, conduct, history criminal history, and
2		record concerning appearance at court proceedings; and
3		(B) whether, at the time of the current offense or
4		arrest, the eligible defendant was on probation,
5		parole, or on other release pending trial, sentencing,
6		appeal, or completion of sentence for an offense under
7		federal law, or the law of this or any other state;
8		(4) the nature and seriousness of the specific, real
9		and present threat to any person that would be posed by the
10		eligible defendant's release, if applicable, ; as required
11		under paragraph (7.5) of Section 4 of the Rights of Crime
12		Victims and Witnesses Act; and
13		(5) the nature and seriousness of the risk of
14		obstructing or attempting to obstruct the criminal justice
15		process that would be posed by the eligible defendant's
16		release, if applicable.
17		(b) The court shall impose any conditions that are
18		mandatory under Section 110-10. The court may impose any
19		conditions that are permissible under Section 110-10.
20		(b-5) When a person is charged with a violation of an order
21		of protection under Section 12-3.4 or 12-30 of the Criminal
22		Code of 1961 or the Criminal Code of 2012 or when a person is
23		charged with domestic battery, aggravated domestic battery,
24		kidnapping, aggravated kidnaping, unlawful restraint,
25		aggravated unlawful restraint, stalking, aggravated stalking,
26		cyberstalking, harassment by telephone, harassment through

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1		electronic communications, or an attempt to commit first
2		degree murder committed against an intimate partner regardless
3		whether an order of protection has been issued against the
4		person,
5		(1) whether the alleged incident involved harassment
6		or abuse, as defined in the Illinois Domestic Violence Act
7		of 1986;
8		(2) whether the person has a history of domestic
9		violence, as defined in the Illinois Domestic Violence
10		Act, or a history of other criminal acts;
11		(3) based on the mental health of the person;
12		(4) whether the person has a history of violating the
13		orders of any court or governmental entity;
14		(5) whether the person has been, or is, potentially a
15		threat to any other person;
16		(6) whether the person has access to deadly weapons or
17		a history of using deadly weapons;
18		(7) whether the person has a history of abusing
19		alcohol or any controlled substance;
20		(8) based on the severity of the alleged incident that
21		is the basis of the alleged offense, including, but not
22		limited to, the duration of the current incident, and
23		whether the alleged incident involved the use of a weapon,
24		physical injury, sexual assault, strangulation, abuse
25		during the alleged victim's pregnancy, abuse of pets, or
26		forcible entry to gain access to the alleged victim;

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1		(9) whether a separation of the person from the victim
2		of abuse or a termination of the relationship between the
3		person and the victim of abuse has recently occurred or is
4		pending;
5		(10) whether the person has exhibited obsessive or
6		controlling behaviors toward the victim of abuse,
7		including, but not limited to, stalking, surveillance, or
8		isolation of the victim of abuse or victim's family member
9		or members;
10		(11) whether the person has expressed suicidal or
11		homicidal ideations;
12		(11.5) any other factors deemed by the court to have a
13		reasonable bearing upon the defendant's propensity or
14		reputation for violent, abusive or assaultive behavior, or
15		lack of that behavior.
16		(c) In cases of stalking or aggravated stalking under
17		Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
18		court may consider the following additional factors:
19		(1) Any evidence of the defendant's prior criminal
20		history indicative of violent, abusive or assaultive
21		behavior, or lack of that behavior. The evidence may
22		include testimony or documents received in juvenile
23		proceedings, criminal, quasi-criminal, civil commitment,
24		domestic relations or other proceedings;
25		(2) Any evidence of the defendant's psychological,
26		psychiatric or other similar social history that tends to

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1		indicate a violent, abusive, or assaultive nature, or lack
2		of any such history; .
3		(3) The nature of the threat which is the basis of the
4		charge against the defendant;
5		(4) Any statements made by, or attributed to the
6		defendant, together with the circumstances surrounding
7		them;
8		(5) The age and physical condition of any person
9		allegedly assaulted by the defendant;
10		(6) Whether the defendant is known to possess or have
11		access to any weapon or weapons;
12		(7) Any other factors deemed by the court to have a
13		reasonable bearing upon the defendant's propensity or
14		reputation for violent, abusive or assaultive behavior, or
15		lack of that behavior.
16		(d) The Court may use a regularly validated risk
17		assessment tool to aid its determination of appropriate
18		conditions of release as provided for in Section 110-6.4. Risk
19		assessment tools may not be used as the sole basis to deny
20		pretrial release. If a risk assessment tool is used, the
21		defendant's counsel shall be provided with the information and
22		scoring system of the risk assessment tool used to arrive at
23		the determination. The defendant retains the right to
24		challenge the validity of a risk assessment tool used by the
25		court and to present evidence relevant to the defendant's
26		challenge.

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1		(e) If a person remains in pretrial detention after his or
2		her pretrial conditions hearing after having been ordered
3		released with pretrial conditions, the court shall hold a
4		hearing to determine the reason for continued detention. If
5		the reason for continued detention is due to the
6		unavailability or the defendant's ineligibility for one or
7		more pretrial conditions previously ordered by the court or
8		directed by a pretrial services agency, the court shall reopen
9		the conditions of release hearing to determine what available
10		pretrial conditions exist that will reasonably assure the
11		appearance of a defendant as required or the safety of any
12		other person and the likelihood of compliance by the defendant
13		with all the conditions of pretrial release. The inability of
14		the defendant Defendant to pay for a condition of release or
15		any other ineligibility for a condition of pretrial release
16		shall not be used as a justification for the pretrial
17		detention of that defendant Defendant.
18		(f) Prior to the defendant's first appearance, the Court
19		shall appoint the public defender or a licensed attorney at
20		law of this State to represent the defendant Defendant for
21		purposes of that hearing, unless the defendant has obtained
22		licensed counsel for themselves.
23		(g) Electronic monitoring, GPS monitoring, or home
24		confinement can only be imposed as a condition of pretrial
25		release if a no less restrictive condition of release or
26		combination of less restrictive condition of release would

HB5501 Engrossed - 2383 - LRB102 24698 AMC 33937 b
1		reasonably ensure the appearance of the defendant for later
2		hearings or protect an identifiable person or persons from
3		imminent threat of serious physical harm.
4		(h) If the court imposes electronic monitoring, GPS
5		monitoring, or home confinement, the court shall set forth in
6		the record the basis for its finding. A defendant shall be
7		given custodial credit for each day he or she was subjected to
8		that program, at the same rate described in subsection (b) of
9		Section 5-4.5-100 of the Unified Code of Corrections unified
10		code of correction.
11		(i) If electronic monitoring, GPS monitoring, or home
12		confinement is imposed, the court shall determine every 60
13		days if no less restrictive condition of release or
14		combination of less restrictive conditions of release would
15		reasonably ensure the appearance, or continued appearance, of
16		the defendant for later hearings or protect an identifiable
17		person or persons from imminent threat of serious physical
18		harm. If the court finds that there are less restrictive
19		conditions of release, the court shall order that the
20		condition be removed. This subsection takes effect January 1,
21		2022.
22		(j) Crime Victims shall be given notice by the State's
23		Attorney's office of this hearing as required in paragraph (1)
24		of subsection (b) of Section 4.5 of the Rights of Crime Victims
25		and Witnesses Act and shall be informed of their opportunity
26		at this hearing to obtain an order of protection under Article

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1		112A of this Code.
2		(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
3		102-558, eff. 8-20-21; revised 12-15-21.)
4		(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
5		Sec. 112A-14. Domestic violence order of protection;
6		remedies.
7		(a) (Blank).
8		(b) The court may order any of the remedies listed in this
9		subsection (b). The remedies listed in this subsection (b)
10		shall be in addition to other civil or criminal remedies
11		available to petitioner.
12		(1) Prohibition of abuse. Prohibit respondent's
13		harassment, interference with personal liberty,
14		intimidation of a dependent, physical abuse, or willful
15		deprivation, as defined in this Article, if such abuse has
16		occurred or otherwise appears likely to occur if not
17		prohibited.
18		(2) Grant of exclusive possession of residence.
19		Prohibit respondent from entering or remaining in any
20		residence, household, or premises of the petitioner,
21		including one owned or leased by respondent, if petitioner
22		has a right to occupancy thereof. The grant of exclusive
23		possession of the residence, household, or premises shall
24		not affect title to real property, nor shall the court be
25		limited by the standard set forth in subsection (c-2) of

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1		Section 501 of the Illinois Marriage and Dissolution of
2		Marriage Act.
3		(A) Right to occupancy. A party has a right to
4		occupancy of a residence or household if it is solely
5		or jointly owned or leased by that party, that party's
6		spouse, a person with a legal duty to support that
7		party or a minor child in that party's care, or by any
8		person or entity other than the opposing party that
9		authorizes that party's occupancy (e.g., a domestic
10		violence shelter). Standards set forth in subparagraph
11		(B) shall not preclude equitable relief.
12		(B) Presumption of hardships. If petitioner and
13		respondent each has the right to occupancy of a
14		residence or household, the court shall balance (i)
15		the hardships to respondent and any minor child or
16		dependent adult in respondent's care resulting from
17		entry of this remedy with (ii) the hardships to
18		petitioner and any minor child or dependent adult in
19		petitioner's care resulting from continued exposure to
20		the risk of abuse (should petitioner remain at the
21		residence or household) or from loss of possession of
22		the residence or household (should petitioner leave to
23		avoid the risk of abuse). When determining the balance
24		of hardships, the court shall also take into account
25		the accessibility of the residence or household.
26		Hardships need not be balanced if respondent does not

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1		have a right to occupancy.
2		The balance of hardships is presumed to favor
3		possession by petitioner unless the presumption is
4		rebutted by a preponderance of the evidence, showing
5		that the hardships to respondent substantially
6		outweigh the hardships to petitioner and any minor
7		child or dependent adult in petitioner's care. The
8		court, on the request of petitioner or on its own
9		motion, may order respondent to provide suitable,
10		accessible, alternate housing for petitioner instead
11		of excluding respondent from a mutual residence or
12		household.
13		(3) Stay away order and additional prohibitions. Order
14		respondent to stay away from petitioner or any other
15		person protected by the domestic violence order of
16		protection, or prohibit respondent from entering or
17		remaining present at petitioner's school, place of
18		employment, or other specified places at times when
19		petitioner is present, or both, if reasonable, given the
20		balance of hardships. Hardships need not be balanced for
21		the court to enter a stay away order or prohibit entry if
22		respondent has no right to enter the premises.
23		(A) If a domestic violence order of protection
24		grants petitioner exclusive possession of the
25		residence, prohibits respondent from entering the
26		residence, or orders respondent to stay away from

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1		petitioner or other protected persons, then the court
2		may allow respondent access to the residence to remove
3		items of clothing and personal adornment used
4		exclusively by respondent, medications, and other
5		items as the court directs. The right to access shall
6		be exercised on only one occasion as the court directs
7		and in the presence of an agreed-upon adult third
8		party or law enforcement officer.
9		(B) When the petitioner and the respondent attend
10		the same public, private, or non-public elementary,
11		middle, or high school, the court when issuing a
12		domestic violence order of protection and providing
13		relief shall consider the severity of the act, any
14		continuing physical danger or emotional distress to
15		the petitioner, the educational rights guaranteed to
16		the petitioner and respondent under federal and State
17		law, the availability of a transfer of the respondent
18		to another school, a change of placement or a change of
19		program of the respondent, the expense, difficulty,
20		and educational disruption that would be caused by a
21		transfer of the respondent to another school, and any
22		other relevant facts of the case. The court may order
23		that the respondent not attend the public, private, or
24		non-public elementary, middle, or high school attended
25		by the petitioner, order that the respondent accept a
26		change of placement or change of program, as

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1		determined by the school district or private or
2		non-public school, or place restrictions on the
3		respondent's movements within the school attended by
4		the petitioner. The respondent bears the burden of
5		proving by a preponderance of the evidence that a
6		transfer, change of placement, or change of program of
7		the respondent is not available. The respondent also
8		bears the burden of production with respect to the
9		expense, difficulty, and educational disruption that
10		would be caused by a transfer of the respondent to
11		another school. A transfer, change of placement, or
12		change of program is not unavailable to the respondent
13		solely on the ground that the respondent does not
14		agree with the school district's or private or
15		non-public school's transfer, change of placement, or
16		change of program or solely on the ground that the
17		respondent fails or refuses to consent or otherwise
18		does not take an action required to effectuate a
19		transfer, change of placement, or change of program.
20		When a court orders a respondent to stay away from the
21		public, private, or non-public school attended by the
22		petitioner and the respondent requests a transfer to
23		another attendance center within the respondent's
24		school district or private or non-public school, the
25		school district or private or non-public school shall
26		have sole discretion to determine the attendance

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1		center to which the respondent is transferred. If the
2		court order results in a transfer of the minor
3		respondent to another attendance center, a change in
4		the respondent's placement, or a change of the
5		respondent's program, the parents, guardian, or legal
6		custodian of the respondent is responsible for
7		transportation and other costs associated with the
8		transfer or change.
9		(C) The court may order the parents, guardian, or
10		legal custodian of a minor respondent to take certain
11		actions or to refrain from taking certain actions to
12		ensure that the respondent complies with the order. If
13		the court orders a transfer of the respondent to
14		another school, the parents, guardian, or legal
15		custodian of the respondent is responsible for
16		transportation and other costs associated with the
17		change of school by the respondent.
18		(4) Counseling. Require or recommend the respondent to
19		undergo counseling for a specified duration with a social
20		worker, psychologist, clinical psychologist,
21		psychiatrist, family service agency, alcohol or substance
22		abuse program, mental health center guidance counselor,
23		agency providing services to elders, program designed for
24		domestic violence abusers, or any other guidance service
25		the court deems appropriate. The court may order the
26		respondent in any intimate partner relationship to report

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1		to an Illinois Department of Human Services protocol
2		approved partner abuse intervention program for an
3		assessment and to follow all recommended treatment.
4		(5) Physical care and possession of the minor child.
5		In order to protect the minor child from abuse, neglect,
6		or unwarranted separation from the person who has been the
7		minor child's primary caretaker, or to otherwise protect
8		the well-being of the minor child, the court may do either
9		or both of the following: (i) grant petitioner physical
10		care or possession of the minor child, or both, or (ii)
11		order respondent to return a minor child to, or not remove
12		a minor child from, the physical care of a parent or person
13		in loco parentis.
14		If the respondent is charged with abuse (as defined in
15		Section 112A-3 of this Code) of a minor child, there shall
16		be a rebuttable presumption that awarding physical care to
17		respondent would not be in the minor child's best
18		interest.
19		(6) Temporary allocation of parental responsibilities
20		and significant decision-making responsibilities. Award
21		temporary significant decision-making responsibility to
22		petitioner in accordance with this Section, the Illinois
23		Marriage and Dissolution of Marriage Act, the Illinois
24		Parentage Act of 2015, and this State's Uniform
25		Child-Custody Jurisdiction and Enforcement Act.
26		If the respondent is charged with abuse (as defined in

HB5501 Engrossed - 2391 - LRB102 24698 AMC 33937 b
1		Section 112A-3 of this Code) of a minor child, there shall
2		be a rebuttable presumption that awarding temporary
3		significant decision-making responsibility to respondent
4		would not be in the child's best interest.
5		(7) Parenting time. Determine the parenting time, if
6		any, of respondent in any case in which the court awards
7		physical care or temporary significant decision-making
8		responsibility of a minor child to petitioner. The court
9		shall restrict or deny respondent's parenting time with a
10		minor child if the court finds that respondent has done or
11		is likely to do any of the following:
12		(i) abuse or endanger the minor child during
13		parenting time;
14		(ii) use the parenting time as an opportunity to
15		abuse or harass petitioner or petitioner's family or
16		household members;
17		(iii) improperly conceal or detain the minor
18		child; or
19		(iv) otherwise act in a manner that is not in the
20		best interests of the minor child.
21		The court shall not be limited by the standards set
22		forth in Section 603.10 of the Illinois Marriage and
23		Dissolution of Marriage Act. If the court grants parenting
24		time, the order shall specify dates and times for the
25		parenting time to take place or other specific parameters
26		or conditions that are appropriate. No order for parenting

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1		time shall refer merely to the term "reasonable parenting
2		time". Petitioner may deny respondent access to the minor
3		child if, when respondent arrives for parenting time,
4		respondent is under the influence of drugs or alcohol and
5		constitutes a threat to the safety and well-being of
6		petitioner or petitioner's minor children or is behaving
7		in a violent or abusive manner. If necessary to protect
8		any member of petitioner's family or household from future
9		abuse, respondent shall be prohibited from coming to
10		petitioner's residence to meet the minor child for
11		parenting time, and the petitioner and respondent shall
12		submit to the court their recommendations for reasonable
13		alternative arrangements for parenting time. A person may
14		be approved to supervise parenting time only after filing
15		an affidavit accepting that responsibility and
16		acknowledging accountability to the court.
17		(8) Removal or concealment of minor child. Prohibit
18		respondent from removing a minor child from the State or
19		concealing the child within the State.
20		(9) Order to appear. Order the respondent to appear in
21		court, alone or with a minor child, to prevent abuse,
22		neglect, removal or concealment of the child, to return
23		the child to the custody or care of the petitioner, or to
24		permit any court-ordered interview or examination of the
25		child or the respondent.
26		(10) Possession of personal property. Grant petitioner

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1		exclusive possession of personal property and, if
2		respondent has possession or control, direct respondent to
3		promptly make it available to petitioner, if:
4		(i) petitioner, but not respondent, owns the
5		property; or
6		(ii) the petitioner and respondent own the
7		property jointly; sharing it would risk abuse of
8		petitioner by respondent or is impracticable; and the
9		balance of hardships favors temporary possession by
10		petitioner.
11		If petitioner's sole claim to ownership of the
12		property is that it is marital property, the court may
13		award petitioner temporary possession thereof under the
14		standards of subparagraph (ii) of this paragraph only if a
15		proper proceeding has been filed under the Illinois
16		Marriage and Dissolution of Marriage Act, as now or
17		hereafter amended.
18		No order under this provision shall affect title to
19		property.
20		(11) Protection of property. Forbid the respondent
21		from taking, transferring, encumbering, concealing,
22		damaging, or otherwise disposing of any real or personal
23		property, except as explicitly authorized by the court,
24		if:
25		(i) petitioner, but not respondent, owns the
26		property; or

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1		(ii) the petitioner and respondent own the
2		property jointly, and the balance of hardships favors
3		granting this remedy.
4		If petitioner's sole claim to ownership of the
5		property is that it is marital property, the court may
6		grant petitioner relief under subparagraph (ii) of this
7		paragraph only if a proper proceeding has been filed under
8		the Illinois Marriage and Dissolution of Marriage Act, as
9		now or hereafter amended.
10		The court may further prohibit respondent from
11		improperly using the financial or other resources of an
12		aged member of the family or household for the profit or
13		advantage of respondent or of any other person.
14		(11.5) Protection of animals. Grant the petitioner the
15		exclusive care, custody, or control of any animal owned,
16		possessed, leased, kept, or held by either the petitioner
17		or the respondent or a minor child residing in the
18		residence or household of either the petitioner or the
19		respondent and order the respondent to stay away from the
20		animal and forbid the respondent from taking,
21		transferring, encumbering, concealing, harming, or
22		otherwise disposing of the animal.
23		(12) Order for payment of support. Order respondent to
24		pay temporary support for the petitioner or any child in
25		the petitioner's care or over whom the petitioner has been
26		allocated parental responsibility, when the respondent has

HB5501 Engrossed - 2395 - LRB102 24698 AMC 33937 b
1		a legal obligation to support that person, in accordance
2		with the Illinois Marriage and Dissolution of Marriage
3		Act, which shall govern, among other matters, the amount
4		of support, payment through the clerk and withholding of
5		income to secure payment. An order for child support may
6		be granted to a petitioner with lawful physical care of a
7		child, or an order or agreement for physical care of a
8		child, prior to entry of an order allocating significant
9		decision-making responsibility. Such a support order shall
10		expire upon entry of a valid order allocating parental
11		responsibility differently and vacating petitioner's
12		significant decision-making responsibility unless
13		otherwise provided in the order.
14		(13) Order for payment of losses. Order respondent to
15		pay petitioner for losses suffered as a direct result of
16		the abuse. Such losses shall include, but not be limited
17		to, medical expenses, lost earnings or other support,
18		repair or replacement of property damaged or taken,
19		reasonable attorney's fees, court costs, and moving or
20		other travel expenses, including additional reasonable
21		expenses for temporary shelter and restaurant meals.
22		(i) Losses affecting family needs. If a party is
23		entitled to seek maintenance, child support, or
24		property distribution from the other party under the
25		Illinois Marriage and Dissolution of Marriage Act, as
26		now or hereafter amended, the court may order

HB5501 Engrossed - 2396 - LRB102 24698 AMC 33937 b
1		respondent to reimburse petitioner's actual losses, to
2		the extent that such reimbursement would be
3		"appropriate temporary relief", as authorized by
4		subsection (a)(3) of Section 501 of that Act.
5		(ii) Recovery of expenses. In the case of an
6		improper concealment or removal of a minor child, the
7		court may order respondent to pay the reasonable
8		expenses incurred or to be incurred in the search for
9		and recovery of the minor child, including, but not
10		limited to, legal fees, court costs, private
11		investigator fees, and travel costs.
12		(14) Prohibition of entry. Prohibit the respondent
13		from entering or remaining in the residence or household
14		while the respondent is under the influence of alcohol or
15		drugs and constitutes a threat to the safety and
16		well-being of the petitioner or the petitioner's children.
17		(14.5) Prohibition of firearm possession.
18		(A) A person who is subject to an existing
19		domestic violence order of protection issued under
20		this Code may not lawfully possess weapons or a
21		Firearm Owner's Identification Card under Section 8.2
22		of the Firearm Owners Identification Card Act.
23		(B) Any firearms in the possession of the
24		respondent, except as provided in subparagraph (C) of
25		this paragraph (14.5), shall be ordered by the court
26		to be turned over to a person with a valid Firearm

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1		Owner's Identification Card for safekeeping. The court
2		shall issue an order that the respondent comply with
3		Section 9.5 of the Firearm Owners Identification Card
4		Act. Illinois
5		(C) If the respondent is a peace officer as
6		defined in Section 2-13 of the Criminal Code of 2012,
7		the court shall order that any firearms used by the
8		respondent in the performance of his or her duties as a
9		peace officer be surrendered to the chief law
10		enforcement executive of the agency in which the
11		respondent is employed, who shall retain the firearms
12		for safekeeping for the duration of the domestic
13		violence order of protection.
14		(D) Upon expiration of the period of safekeeping,
15		if the firearms or Firearm Owner's Identification Card
16		cannot be returned to respondent because respondent
17		cannot be located, fails to respond to requests to
18		retrieve the firearms, or is not lawfully eligible to
19		possess a firearm, upon petition from the local law
20		enforcement agency, the court may order the local law
21		enforcement agency to destroy the firearms, use the
22		firearms for training purposes, or for any other
23		application as deemed appropriate by the local law
24		enforcement agency; or that the firearms be turned
25		over to a third party who is lawfully eligible to
26		possess firearms, and who does not reside with

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1		respondent.
2		(15) Prohibition of access to records. If a domestic
3		violence order of protection prohibits respondent from
4		having contact with the minor child, or if petitioner's
5		address is omitted under subsection (b) of Section 112A-5
6		of this Code, or if necessary to prevent abuse or wrongful
7		removal or concealment of a minor child, the order shall
8		deny respondent access to, and prohibit respondent from
9		inspecting, obtaining, or attempting to inspect or obtain,
10		school or any other records of the minor child who is in
11		the care of petitioner.
12		(16) Order for payment of shelter services. Order
13		respondent to reimburse a shelter providing temporary
14		housing and counseling services to the petitioner for the
15		cost of the services, as certified by the shelter and
16		deemed reasonable by the court.
17		(17) Order for injunctive relief. Enter injunctive
18		relief necessary or appropriate to prevent further abuse
19		of a family or household member or to effectuate one of the
20		granted remedies, if supported by the balance of
21		hardships. If the harm to be prevented by the injunction
22		is abuse or any other harm that one of the remedies listed
23		in paragraphs (1) through (16) of this subsection is
24		designed to prevent, no further evidence is necessary to
25		establish that the harm is an irreparable injury.
26		(18) Telephone services.

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1		(A) Unless a condition described in subparagraph
2		(B) of this paragraph exists, the court may, upon
3		request by the petitioner, order a wireless telephone
4		service provider to transfer to the petitioner the
5		right to continue to use a telephone number or numbers
6		indicated by the petitioner and the financial
7		responsibility associated with the number or numbers,
8		as set forth in subparagraph (C) of this paragraph. In
9		this paragraph (18), the term "wireless telephone
10		service provider" means a provider of commercial
11		mobile service as defined in 47 U.S.C. 332. The
12		petitioner may request the transfer of each telephone
13		number that the petitioner, or a minor child in his or
14		her custody, uses. The clerk of the court shall serve
15		the order on the wireless telephone service provider's
16		agent for service of process provided to the Illinois
17		Commerce Commission. The order shall contain all of
18		the following:
19		(i) The name and billing telephone number of
20		the account holder including the name of the
21		wireless telephone service provider that serves
22		the account.
23		(ii) Each telephone number that will be
24		transferred.
25		(iii) A statement that the provider transfers
26		to the petitioner all financial responsibility for

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1		and right to the use of any telephone number
2		transferred under this paragraph.
3		(B) A wireless telephone service provider shall
4		terminate the respondent's use of, and shall transfer
5		to the petitioner use of, the telephone number or
6		numbers indicated in subparagraph (A) of this
7		paragraph unless it notifies the petitioner, within 72
8		hours after it receives the order, that one of the
9		following applies:
10		(i) The account holder named in the order has
11		terminated the account.
12		(ii) A difference in network technology would
13		prevent or impair the functionality of a device on
14		a network if the transfer occurs.
15		(iii) The transfer would cause a geographic or
16		other limitation on network or service provision
17		to the petitioner.
18		(iv) Another technological or operational
19		issue would prevent or impair the use of the
20		telephone number if the transfer occurs.
21		(C) The petitioner assumes all financial
22		responsibility for and right to the use of any
23		telephone number transferred under this paragraph. In
24		this paragraph, "financial responsibility" includes
25		monthly service costs and costs associated with any
26		mobile device associated with the number.

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1		(D) A wireless telephone service provider may
2		apply to the petitioner its routine and customary
3		requirements for establishing an account or
4		transferring a number, including requiring the
5		petitioner to provide proof of identification,
6		financial information, and customer preferences.
7		(E) Except for willful or wanton misconduct, a
8		wireless telephone service provider is immune from
9		civil liability for its actions taken in compliance
10		with a court order issued under this paragraph.
11		(F) All wireless service providers that provide
12		services to residential customers shall provide to the
13		Illinois Commerce Commission the name and address of
14		an agent for service of orders entered under this
15		paragraph (18). Any change in status of the registered
16		agent must be reported to the Illinois Commerce
17		Commission within 30 days of such change.
18		(G) The Illinois Commerce Commission shall
19		maintain the list of registered agents for service for
20		each wireless telephone service provider on the
21		Commission's website. The Commission may consult with
22		wireless telephone service providers and the Circuit
23		Court Clerks on the manner in which this information
24		is provided and displayed.
25		(c) Relevant factors; findings.
26		(1) In determining whether to grant a specific remedy,

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1		other than payment of support, the court shall consider
2		relevant factors, including, but not limited to, the
3		following:
4		(i) the nature, frequency, severity, pattern, and
5		consequences of the respondent's past abuse of the
6		petitioner or any family or household member,
7		including the concealment of his or her location in
8		order to evade service of process or notice, and the
9		likelihood of danger of future abuse to petitioner or
10		any member of petitioner's or respondent's family or
11		household; and
12		(ii) the danger that any minor child will be
13		abused or neglected or improperly relocated from the
14		jurisdiction, improperly concealed within the State,
15		or improperly separated from the child's primary
16		caretaker.
17		(2) In comparing relative hardships resulting to the
18		parties from loss of possession of the family home, the
19		court shall consider relevant factors, including, but not
20		limited to, the following:
21		(i) availability, accessibility, cost, safety,
22		adequacy, location, and other characteristics of
23		alternate housing for each party and any minor child
24		or dependent adult in the party's care;
25		(ii) the effect on the party's employment; and
26		(iii) the effect on the relationship of the party,

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1		and any minor child or dependent adult in the party's
2		care, to family, school, church, and community.
3		(3) Subject to the exceptions set forth in paragraph
4		(4) of this subsection (c), the court shall make its
5		findings in an official record or in writing, and shall at
6		a minimum set forth the following:
7		(i) That the court has considered the applicable
8		relevant factors described in paragraphs (1) and (2)
9		of this subsection (c).
10		(ii) Whether the conduct or actions of respondent,
11		unless prohibited, will likely cause irreparable harm
12		or continued abuse.
13		(iii) Whether it is necessary to grant the
14		requested relief in order to protect petitioner or
15		other alleged abused persons.
16		(4) (Blank).
17		(5) Never married parties. No rights or
18		responsibilities for a minor child born outside of
19		marriage attach to a putative father until a father and
20		child relationship has been established under the Illinois
21		Parentage Act of 1984, the Illinois Parentage Act of 2015,
22		the Illinois Public Aid Code, Section 12 of the Vital
23		Records Act, the Juvenile Court Act of 1987, the Probate
24		Act of 1975, the Uniform Interstate Family Support Act,
25		the Expedited Child Support Act of 1990, any judicial,
26		administrative, or other act of another state or

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1		territory, any other statute of this State, or by any
2		foreign nation establishing the father and child
3		relationship, any other proceeding substantially in
4		conformity with the federal Personal Responsibility and
5		Work Opportunity Reconciliation Act of 1996, or when both
6		parties appeared in open court or at an administrative
7		hearing acknowledging under oath or admitting by
8		affirmation the existence of a father and child
9		relationship. Absent such an adjudication, no putative
10		father shall be granted temporary allocation of parental
11		responsibilities, including parenting time with the minor
12		child, or physical care and possession of the minor child,
13		nor shall an order of payment for support of the minor
14		child be entered.
15		(d) Balance of hardships; findings. If the court finds
16		that the balance of hardships does not support the granting of
17		a remedy governed by paragraph (2), (3), (10), (11), or (16) of
18		subsection (b) of this Section, which may require such
19		balancing, the court's findings shall so indicate and shall
20		include a finding as to whether granting the remedy will
21		result in hardship to respondent that would substantially
22		outweigh the hardship to petitioner from denial of the remedy.
23		The findings shall be an official record or in writing.
24		(e) Denial of remedies. Denial of any remedy shall not be
25		based, in whole or in part, on evidence that:
26		(1) respondent has cause for any use of force, unless

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1		that cause satisfies the standards for justifiable use of
2		force provided by Article 7 of the Criminal Code of 2012;
3		(2) respondent was voluntarily intoxicated;
4		(3) petitioner acted in self-defense or defense of
5		another, provided that, if petitioner utilized force, such
6		force was justifiable under Article 7 of the Criminal Code
7		of 2012;
8		(4) petitioner did not act in self-defense or defense
9		of another;
10		(5) petitioner left the residence or household to
11		avoid further abuse by respondent;
12		(6) petitioner did not leave the residence or
13		household to avoid further abuse by respondent; or
14		(7) conduct by any family or household member excused
15		the abuse by respondent, unless that same conduct would
16		have excused such abuse if the parties had not been family
17		or household members.
18		(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
19		102-538, eff. 8-20-21; revised 11-2-21.)
20		(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
21		Sec. 112A-20. Duration and extension of final protective
22		orders.
23		(a) (Blank).
24		(b) A final protective order shall remain in effect as
25		follows:

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1		(1) if entered during pre-trial release, until
2		disposition, withdrawal, or dismissal of the underlying
3		charge; if, however, the case is continued as an
4		independent cause of action, the order's duration may be
5		for a fixed period of time not to exceed 2 years;
6		(2) if in effect in conjunction with a bond forfeiture
7		warrant, until final disposition or an additional period
8		of time not exceeding 2 years; no domestic violence order
9		of protection, however, shall be terminated by a dismissal
10		that is accompanied by the issuance of a bond forfeiture
11		warrant;
12		(3) until 2 years after the expiration of any
13		supervision, conditional discharge, probation, periodic
14		imprisonment, parole, aftercare release, or mandatory
15		supervised release for domestic violence orders of
16		protection and civil no contact orders;
17		(4) until 2 years after the date set by the court for
18		expiration of any sentence of imprisonment and subsequent
19		parole, aftercare release, or mandatory supervised release
20		for domestic violence orders of protection and civil no
21		contact orders;
22		(5) permanent for a stalking no contact order if a
23		judgment of conviction for stalking is entered; or
24		(6) permanent for a civil no contact order at the
25		victim's request if a judgment of conviction for criminal
26		sexual assault, aggravated criminal sexual assault,

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1		criminal sexual abuse, excluding a conviction under
2		subsection (c) of Section 11-1.50 of the Criminal Code of
3		2012, or aggravated criminal sexual abuse is entered.
4		(c) Computation of time. The duration of a domestic
5		violence order of protection shall not be reduced by the
6		duration of any prior domestic violence order of protection.
7		(d) Law enforcement records. When a protective order
8		expires upon the occurrence of a specified event, rather than
9		upon a specified date as provided in subsection (b), no
10		expiration date shall be entered in Illinois State Police
11		records. To remove the protective order from those records,
12		either the petitioner or the respondent shall request the
13		clerk of the court to file a certified copy of an order stating
14		that the specified event has occurred or that the protective
15		order has been vacated or modified with the sheriff, and the
16		sheriff shall direct that law enforcement records shall be
17		promptly corrected in accordance with the filed order.
18		(e) Extension of Orders. Any domestic violence order of
19		protection or civil no contact order that expires 2 years
20		after the expiration of the defendant's sentence under
21		paragraph (2), (3), or (4) of subsection (b) of Section
22		112A-20 of this Article may be extended one or more times, as
23		required. The petitioner, petitioner's counsel, or the State's
24		Attorney on the petitioner's behalf shall file the motion for
25		an extension of the final protective order in the criminal
26		case and serve the motion in accordance with Supreme Court

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1		Rules 11 and 12. The court shall transfer the motion to the
2		appropriate court or division for consideration under
3		subsection (e) of Section 220 of the Illinois Domestic
4		Violence Act of 1986, subsection (c) of Section 216 of the
5		Civil No Contact Order Act, or subsection (c) of Section 105 of
6		the Stalking No Contact Order as appropriate.
7		(f) Termination date. Any final protective order which
8		would expire on a court holiday shall instead expire at the
9		close of the next court business day.
10		(g) Statement of purpose. The practice of dismissing or
11		suspending a criminal prosecution in exchange for issuing a
12		protective order undermines the purposes of this Article. This
13		Section shall not be construed as encouraging that practice.
14		(Source: P.A. 102-184, eff. 1-1-22; 102-538, eff. 8-20-21;
15		revised 10-20-21.)
16		(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
17		(Text of Section before amendment by P.A. 101-652)
18		Sec. 112A-23. Enforcement of protective orders.
19		(a) When violation is crime. A violation of any protective
20		order, whether issued in a civil, quasi-criminal proceeding,
21		shall be enforced by a criminal court when:
22		(1) The respondent commits the crime of violation of a
23		domestic violence order of protection pursuant to Section
24		12-3.4 or 12-30 of the Criminal Code of 1961 or the
25		Criminal Code of 2012, by having knowingly violated:

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1		(i) remedies described in paragraph paragraphs
2		(1), (2), (3), (14), or (14.5) of subsection (b) of
3		Section 112A-14 of this Code,
4		(ii) a remedy, which is substantially similar to
5		the remedies authorized under paragraph paragraphs
6		(1), (2), (3), (14), or (14.5) of subsection (b) of
7		Section 214 of the Illinois Domestic Violence Act of
8		1986, in a valid order of protection, which is
9		authorized under the laws of another state, tribe, or
10		United States territory, or
11		(iii) any other remedy when the act constitutes a
12		crime against the protected parties as defined by the
13		Criminal Code of 1961 or the Criminal Code of 2012.
14		Prosecution for a violation of a domestic violence
15		order of protection shall not bar concurrent prosecution
16		for any other crime, including any crime that may have
17		been committed at the time of the violation of the
18		domestic violence order of protection; or
19		(2) The respondent commits the crime of child
20		abduction pursuant to Section 10-5 of the Criminal Code of
21		1961 or the Criminal Code of 2012, by having knowingly
22		violated:
23		(i) remedies described in paragraph paragraphs
24		(5), (6), or (8) of subsection (b) of Section 112A-14
25		of this Code, or
26		(ii) a remedy, which is substantially similar to

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1		the remedies authorized under paragraph paragraphs
2		(1), (5), (6), or (8) of subsection (b) of Section 214
3		of the Illinois Domestic Violence Act of 1986, in a
4		valid domestic violence order of protection, which is
5		authorized under the laws of another state, tribe, or
6		United States territory.
7		(3) The respondent commits the crime of violation of a
8		civil no contact order when the respondent violates
9		Section 12-3.8 of the Criminal Code of 2012. Prosecution
10		for a violation of a civil no contact order shall not bar
11		concurrent prosecution for any other crime, including any
12		crime that may have been committed at the time of the
13		violation of the civil no contact order.
14		(4) The respondent commits the crime of violation of a
15		stalking no contact order when the respondent violates
16		Section 12-3.9 of the Criminal Code of 2012. Prosecution
17		for a violation of a stalking no contact order shall not
18		bar concurrent prosecution for any other crime, including
19		any crime that may have been committed at the time of the
20		violation of the stalking no contact order.
21		(b) When violation is contempt of court. A violation of
22		any valid protective order, whether issued in a civil or
23		criminal proceeding, may be enforced through civil or criminal
24		contempt procedures, as appropriate, by any court with
25		jurisdiction, regardless where the act or acts which violated
26		the protective order were committed, to the extent consistent

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1		with the venue provisions of this Article. Nothing in this
2		Article shall preclude any Illinois court from enforcing any
3		valid protective order issued in another state. Illinois
4		courts may enforce protective orders through both criminal
5		prosecution and contempt proceedings, unless the action which
6		is second in time is barred by collateral estoppel or the
7		constitutional prohibition against double jeopardy.
8		(1) In a contempt proceeding where the petition for a
9		rule to show cause sets forth facts evidencing an
10		immediate danger that the respondent will flee the
11		jurisdiction, conceal a child, or inflict physical abuse
12		on the petitioner or minor children or on dependent adults
13		in petitioner's care, the court may order the attachment
14		of the respondent without prior service of the rule to
15		show cause or the petition for a rule to show cause. Bond
16		shall be set unless specifically denied in writing.
17		(2) A petition for a rule to show cause for violation
18		of a protective order shall be treated as an expedited
19		proceeding.
20		(c) Violation of custody, allocation of parental
21		responsibility, or support orders. A violation of remedies
22		described in paragraph paragraphs (5), (6), (8), or (9) of
23		subsection (b) of Section 112A-14 of this Code may be enforced
24		by any remedy provided by Section 607.5 of the Illinois
25		Marriage and Dissolution of Marriage Act. The court may
26		enforce any order for support issued under paragraph (12) of

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1		subsection (b) of Section 112A-14 of this Code in the manner
2		provided for under Parts V and VII of the Illinois Marriage and
3		Dissolution of Marriage Act.
4		(d) Actual knowledge. A protective order may be enforced
5		pursuant to this Section if the respondent violates the order
6		after the respondent has actual knowledge of its contents as
7		shown through one of the following means:
8		(1) (Blank).
9		(2) (Blank).
10		(3) By service of a protective order under subsection
11		(f) of Section 112A-17.5 or Section 112A-22 of this Code.
12		(4) By other means demonstrating actual knowledge of
13		the contents of the order.
14		(e) The enforcement of a protective order in civil or
15		criminal court shall not be affected by either of the
16		following:
17		(1) The existence of a separate, correlative order
18		entered under Section 112A-15 of this Code.
19		(2) Any finding or order entered in a conjoined
20		criminal proceeding.
21		(e-5) If a civil no contact order entered under subsection
22		(6) of Section 112A-20 of the Code of Criminal Procedure of
23		1963 conflicts with an order issued pursuant to the Juvenile
24		Court Act of 1987 or the Illinois Marriage and Dissolution of
25		Marriage Act, the conflicting order issued under subsection
26		(6) of Section 112A-20 of the Code of Criminal Procedure of

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1		1963 shall be void.
2		(f) Circumstances. The court, when determining whether or
3		not a violation of a protective order has occurred, shall not
4		require physical manifestations of abuse on the person of the
5		victim.
6		(g) Penalties.
7		(1) Except as provided in paragraph (3) of this
8		subsection (g), where the court finds the commission of a
9		crime or contempt of court under subsection subsections
10		(a) or (b) of this Section, the penalty shall be the
11		penalty that generally applies in such criminal or
12		contempt proceedings, and may include one or more of the
13		following: incarceration, payment of restitution, a fine,
14		payment of attorneys' fees and costs, or community
15		service.
16		(2) The court shall hear and take into account
17		evidence of any factors in aggravation or mitigation
18		before deciding an appropriate penalty under paragraph (1)
19		of this subsection (g).
20		(3) To the extent permitted by law, the court is
21		encouraged to:
22		(i) increase the penalty for the knowing violation
23		of any protective order over any penalty previously
24		imposed by any court for respondent's violation of any
25		protective order or penal statute involving petitioner
26		as victim and respondent as defendant;

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1		(ii) impose a minimum penalty of 24 hours
2		imprisonment for respondent's first violation of any
3		protective order; and
4		(iii) impose a minimum penalty of 48 hours
5		imprisonment for respondent's second or subsequent
6		violation of a protective order
7		unless the court explicitly finds that an increased
8		penalty or that period of imprisonment would be manifestly
9		unjust.
10		(4) In addition to any other penalties imposed for a
11		violation of a protective order, a criminal court may
12		consider evidence of any violations of a protective order:
13		(i) to increase, revoke, or modify the bail bond
14		on an underlying criminal charge pursuant to Section
15		110-6 of this Code;
16		(ii) to revoke or modify an order of probation,
17		conditional discharge, or supervision, pursuant to
18		Section 5-6-4 of the Unified Code of Corrections;
19		(iii) to revoke or modify a sentence of periodic
20		imprisonment, pursuant to Section 5-7-2 of the Unified
21		Code of Corrections.
22		(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.)
23		(Text of Section after amendment by P.A. 101-652)
24		Sec. 112A-23. Enforcement of protective orders.
25		(a) When violation is crime. A violation of any protective

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1		order, whether issued in a civil, quasi-criminal proceeding,
2		shall be enforced by a criminal court when:
3		(1) The respondent commits the crime of violation of a
4		domestic violence order of protection pursuant to Section
5		12-3.4 or 12-30 of the Criminal Code of 1961 or the
6		Criminal Code of 2012, by having knowingly violated:
7		(i) remedies described in paragraph paragraphs
8		(1), (2), (3), (14), or (14.5) of subsection (b) of
9		Section 112A-14 of this Code,
10		(ii) a remedy, which is substantially similar to
11		the remedies authorized under paragraph paragraphs
12		(1), (2), (3), (14), or (14.5) of subsection (b) of
13		Section 214 of the Illinois Domestic Violence Act of
14		1986, in a valid order of protection, which is
15		authorized under the laws of another state, tribe, or
16		United States territory, or
17		(iii) any other remedy when the act constitutes a
18		crime against the protected parties as defined by the
19		Criminal Code of 1961 or the Criminal Code of 2012.
20		Prosecution for a violation of a domestic violence
21		order of protection shall not bar concurrent prosecution
22		for any other crime, including any crime that may have
23		been committed at the time of the violation of the
24		domestic violence order of protection; or
25		(2) The respondent commits the crime of child
26		abduction pursuant to Section 10-5 of the Criminal Code of

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1		1961 or the Criminal Code of 2012, by having knowingly
2		violated:
3		(i) remedies described in paragraph paragraphs
4		(5), (6), or (8) of subsection (b) of Section 112A-14
5		of this Code, or
6		(ii) a remedy, which is substantially similar to
7		the remedies authorized under paragraph paragraphs
8		(1), (5), (6), or (8) of subsection (b) of Section 214
9		of the Illinois Domestic Violence Act of 1986, in a
10		valid domestic violence order of protection, which is
11		authorized under the laws of another state, tribe, or
12		United States territory.
13		(3) The respondent commits the crime of violation of a
14		civil no contact order when the respondent violates
15		Section 12-3.8 of the Criminal Code of 2012. Prosecution
16		for a violation of a civil no contact order shall not bar
17		concurrent prosecution for any other crime, including any
18		crime that may have been committed at the time of the
19		violation of the civil no contact order.
20		(4) The respondent commits the crime of violation of a
21		stalking no contact order when the respondent violates
22		Section 12-3.9 of the Criminal Code of 2012. Prosecution
23		for a violation of a stalking no contact order shall not
24		bar concurrent prosecution for any other crime, including
25		any crime that may have been committed at the time of the
26		violation of the stalking no contact order.

HB5501 Engrossed - 2417 - LRB102 24698 AMC 33937 b
1		(b) When violation is contempt of court. A violation of
2		any valid protective order, whether issued in a civil or
3		criminal proceeding, may be enforced through civil or criminal
4		contempt procedures, as appropriate, by any court with
5		jurisdiction, regardless where the act or acts which violated
6		the protective order were committed, to the extent consistent
7		with the venue provisions of this Article. Nothing in this
8		Article shall preclude any Illinois court from enforcing any
9		valid protective order issued in another state. Illinois
10		courts may enforce protective orders through both criminal
11		prosecution and contempt proceedings, unless the action which
12		is second in time is barred by collateral estoppel or the
13		constitutional prohibition against double jeopardy.
14		(1) In a contempt proceeding where the petition for a
15		rule to show cause sets forth facts evidencing an
16		immediate danger that the respondent will flee the
17		jurisdiction, conceal a child, or inflict physical abuse
18		on the petitioner or minor children or on dependent adults
19		in petitioner's care, the court may order the attachment
20		of the respondent without prior service of the rule to
21		show cause or the petition for a rule to show cause. Bond
22		shall be set unless specifically denied in writing.
23		(2) A petition for a rule to show cause for violation
24		of a protective order shall be treated as an expedited
25		proceeding.
26		(c) Violation of custody, allocation of parental

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1		responsibility, or support orders. A violation of remedies
2		described in paragraph paragraphs (5), (6), (8), or (9) of
3		subsection (b) of Section 112A-14 of this Code may be enforced
4		by any remedy provided by Section 607.5 of the Illinois
5		Marriage and Dissolution of Marriage Act. The court may
6		enforce any order for support issued under paragraph (12) of
7		subsection (b) of Section 112A-14 of this Code in the manner
8		provided for under Parts V and VII of the Illinois Marriage and
9		Dissolution of Marriage Act.
10		(d) Actual knowledge. A protective order may be enforced
11		pursuant to this Section if the respondent violates the order
12		after the respondent has actual knowledge of its contents as
13		shown through one of the following means:
14		(1) (Blank).
15		(2) (Blank).
16		(3) By service of a protective order under subsection
17		(f) of Section 112A-17.5 or Section 112A-22 of this Code.
18		(4) By other means demonstrating actual knowledge of
19		the contents of the order.
20		(e) The enforcement of a protective order in civil or
21		criminal court shall not be affected by either of the
22		following:
23		(1) The existence of a separate, correlative order
24		entered under Section 112A-15 of this Code.
25		(2) Any finding or order entered in a conjoined
26		criminal proceeding.

HB5501 Engrossed - 2419 - LRB102 24698 AMC 33937 b
1		(e-5) If a civil no contact order entered under subsection
2		(6) of Section 112A-20 of the Code of Criminal Procedure of
3		1963 conflicts with an order issued pursuant to the Juvenile
4		Court Act of 1987 or the Illinois Marriage and Dissolution of
5		Marriage Act, the conflicting order issued under subsection
6		(6) of Section 112A-20 of the Code of Criminal Procedure of
7		1963 shall be void.
8		(f) Circumstances. The court, when determining whether or
9		not a violation of a protective order has occurred, shall not
10		require physical manifestations of abuse on the person of the
11		victim.
12		(g) Penalties.
13		(1) Except as provided in paragraph (3) of this
14		subsection (g), where the court finds the commission of a
15		crime or contempt of court under subsection subsections
16		(a) or (b) of this Section, the penalty shall be the
17		penalty that generally applies in such criminal or
18		contempt proceedings, and may include one or more of the
19		following: incarceration, payment of restitution, a fine,
20		payment of attorneys' fees and costs, or community
21		service.
22		(2) The court shall hear and take into account
23		evidence of any factors in aggravation or mitigation
24		before deciding an appropriate penalty under paragraph (1)
25		of this subsection (g).
26		(3) To the extent permitted by law, the court is

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1		encouraged to:
2		(i) increase the penalty for the knowing violation
3		of any protective order over any penalty previously
4		imposed by any court for respondent's violation of any
5		protective order or penal statute involving petitioner
6		as victim and respondent as defendant;
7		(ii) impose a minimum penalty of 24 hours
8		imprisonment for respondent's first violation of any
9		protective order; and
10		(iii) impose a minimum penalty of 48 hours
11		imprisonment for respondent's second or subsequent
12		violation of a protective order
13		unless the court explicitly finds that an increased
14		penalty or that period of imprisonment would be manifestly
15		unjust.
16		(4) In addition to any other penalties imposed for a
17		violation of a protective order, a criminal court may
18		consider evidence of any violations of a protective order:
19		(i) to modify the conditions of pretrial release
20		on an underlying criminal charge pursuant to Section
21		110-6 of this Code;
22		(ii) to revoke or modify an order of probation,
23		conditional discharge, or supervision, pursuant to
24		Section 5-6-4 of the Unified Code of Corrections;
25		(iii) to revoke or modify a sentence of periodic
26		imprisonment, pursuant to Section 5-7-2 of the Unified

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1		Code of Corrections.
2		(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
3		102-558, eff. 8-20-21; revised 10-12-21.)
4		(725 ILCS 5/122-9)
5		(This Section may contain text from a Public Act with a
6		delayed effective date)
7		Sec. 122-9 123. Motion to resentence by the People.
8		(a) The purpose of sentencing is to advance public safety
9		through punishment, rehabilitation, and restorative justice.
10		By providing a means to reevaluate a sentence after some time
11		has passed, the General Assembly intends to provide the
12		State's Attorney and the court with another tool to ensure
13		that these purposes are achieved.
14		(b) At any time upon the recommendation of the State's
15		Attorney of the county in which the defendant was sentenced,
16		the State's Attorney may petition the sentencing court or the
17		sentencing court's successor to resentence the offender if the
18		original sentence no longer advances the interests of justice.
19		The sentencing court or the sentencing court's successor may
20		resentence the offender if it finds that the original sentence
21		no longer advances the interests of justice.
22		(c) Upon the receipt of a petition for resentencing, the
23		court may resentence the defendant in the same manner as if the
24		offender had not previously been sentenced; however, the new
25		sentence, if any, may not be greater than the initial

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1		sentence.
2		(d) The court may consider postconviction factors,
3		including, but not limited to, the inmate's disciplinary
4		record and record of rehabilitation while incarcerated;
5		evidence that reflects whether age, time served, and
6		diminished physical condition, if any, have reduced the
7		inmate's risk for future violence; and evidence that reflects
8		changed circumstances since the inmate's original sentencing
9		such that the inmate's continued incarceration no longer
10		serves the interests of justice. Credit shall be given for
11		time served.
12		(e) Victims shall be afforded all rights as outlined in
13		the Rights of Crime Victims and Witnesses Act.
14		(f) A resentencing under this Section shall not reopen the
15		defendant's conviction to challenges that would otherwise be
16		barred.
17		(g) Nothing in this Section shall be construed to limit
18		the power of the Governor under the Constitution to grant a
19		reprieve, commutation of sentence, or pardon.
20		(Source: P.A. 102-102, eff. 1-1-22; revised 9-29-21.)
21		Section 630. The Rights of Crime Victims and Witnesses Act
22		is amended by changing Section 4.5 as follows:
23		(725 ILCS 120/4.5)
24		(Text of Section before amendment by P.A. 101-652)

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1		Sec. 4.5. Procedures to implement the rights of crime
2		victims. To afford crime victims their rights, law
3		enforcement, prosecutors, judges, and corrections will provide
4		information, as appropriate, of the following procedures:
5		(a) At the request of the crime victim, law enforcement
6		authorities investigating the case shall provide notice of the
7		status of the investigation, except where the State's Attorney
8		determines that disclosure of such information would
9		unreasonably interfere with the investigation, until such time
10		as the alleged assailant is apprehended or the investigation
11		is closed.
12		(a-5) When law enforcement authorities reopen a closed
13		case to resume investigating, they shall provide notice of the
14		reopening of the case, except where the State's Attorney
15		determines that disclosure of such information would
16		unreasonably interfere with the investigation.
17		(b) The office of the State's Attorney:
18		(1) shall provide notice of the filing of an
19		information, the return of an indictment, or the filing of
20		a petition to adjudicate a minor as a delinquent for a
21		violent crime;
22		(2) shall provide timely notice of the date, time, and
23		place of court proceedings; of any change in the date,
24		time, and place of court proceedings; and of any
25		cancellation of court proceedings. Notice shall be
26		provided in sufficient time, wherever possible, for the

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1		victim to make arrangements to attend or to prevent an
2		unnecessary appearance at court proceedings;
3		(3) or victim advocate personnel shall provide
4		information of social services and financial assistance
5		available for victims of crime, including information of
6		how to apply for these services and assistance;
7		(3.5) or victim advocate personnel shall provide
8		information about available victim services, including
9		referrals to programs, counselors, and agencies that
10		assist a victim to deal with trauma, loss, and grief;
11		(4) shall assist in having any stolen or other
12		personal property held by law enforcement authorities for
13		evidentiary or other purposes returned as expeditiously as
14		possible, pursuant to the procedures set out in Section
15		115-9 of the Code of Criminal Procedure of 1963;
16		(5) or victim advocate personnel shall provide
17		appropriate employer intercession services to ensure that
18		employers of victims will cooperate with the criminal
19		justice system in order to minimize an employee's loss of
20		pay and other benefits resulting from court appearances;
21		(6) shall provide, whenever possible, a secure waiting
22		area during court proceedings that does not require
23		victims to be in close proximity to defendants or
24		juveniles accused of a violent crime, and their families
25		and friends;
26		(7) shall provide notice to the crime victim of the

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1		right to have a translator present at all court
2		proceedings and, in compliance with the federal Americans
3		with Disabilities Act of 1990, the right to communications
4		access through a sign language interpreter or by other
5		means;
6		(8) (blank);
7		(8.5) shall inform the victim of the right to be
8		present at all court proceedings, unless the victim is to
9		testify and the court determines that the victim's
10		testimony would be materially affected if the victim hears
11		other testimony at trial;
12		(9) shall inform the victim of the right to have
13		present at all court proceedings, subject to the rules of
14		evidence and confidentiality, an advocate and other
15		support person of the victim's choice;
16		(9.3) shall inform the victim of the right to retain
17		an attorney, at the victim's own expense, who, upon
18		written notice filed with the clerk of the court and
19		State's Attorney, is to receive copies of all notices,
20		motions, and court orders filed thereafter in the case, in
21		the same manner as if the victim were a named party in the
22		case;
23		(9.5) shall inform the victim of (A) the victim's
24		right under Section 6 of this Act to make a statement at
25		the sentencing hearing; (B) the right of the victim's
26		spouse, guardian, parent, grandparent, and other immediate

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1		family and household members under Section 6 of this Act
2		to present a statement at sentencing; and (C) if a
3		presentence report is to be prepared, the right of the
4		victim's spouse, guardian, parent, grandparent, and other
5		immediate family and household members to submit
6		information to the preparer of the presentence report
7		about the effect the offense has had on the victim and the
8		person;
9		(10) at the sentencing shall make a good faith attempt
10		to explain the minimum amount of time during which the
11		defendant may actually be physically imprisoned. The
12		Office of the State's Attorney shall further notify the
13		crime victim of the right to request from the Prisoner
14		Review Board or Department of Juvenile Justice information
15		concerning the release of the defendant;
16		(11) shall request restitution at sentencing and as
17		part of a plea agreement if the victim requests
18		restitution;
19		(12) shall, upon the court entering a verdict of not
20		guilty by reason of insanity, inform the victim of the
21		notification services available from the Department of
22		Human Services, including the statewide telephone number,
23		under subparagraph (d)(2) of this Section;
24		(13) shall provide notice within a reasonable time
25		after receipt of notice from the custodian, of the release
26		of the defendant on bail or personal recognizance or the

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1		release from detention of a minor who has been detained;
2		(14) shall explain in nontechnical language the
3		details of any plea or verdict of a defendant, or any
4		adjudication of a juvenile as a delinquent;
5		(15) shall make all reasonable efforts to consult with
6		the crime victim before the Office of the State's Attorney
7		makes an offer of a plea bargain to the defendant or enters
8		into negotiations with the defendant concerning a possible
9		plea agreement, and shall consider the written statement,
10		if prepared prior to entering into a plea agreement. The
11		right to consult with the prosecutor does not include the
12		right to veto a plea agreement or to insist the case go to
13		trial. If the State's Attorney has not consulted with the
14		victim prior to making an offer or entering into plea
15		negotiations with the defendant, the Office of the State's
16		Attorney shall notify the victim of the offer or the
17		negotiations within 2 business days and confer with the
18		victim;
19		(16) shall provide notice of the ultimate disposition
20		of the cases arising from an indictment or an information,
21		or a petition to have a juvenile adjudicated as a
22		delinquent for a violent crime;
23		(17) shall provide notice of any appeal taken by the
24		defendant and information on how to contact the
25		appropriate agency handling the appeal, and how to request
26		notice of any hearing, oral argument, or decision of an

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1		appellate court;
2		(18) shall provide timely notice of any request for
3		post-conviction review filed by the defendant under
4		Article 122 of the Code of Criminal Procedure of 1963, and
5		of the date, time and place of any hearing concerning the
6		petition. Whenever possible, notice of the hearing shall
7		be given within 48 hours of the court's scheduling of the
8		hearing; and
9		(19) shall forward a copy of any statement presented
10		under Section 6 to the Prisoner Review Board or Department
11		of Juvenile Justice to be considered in making a
12		determination under Section 3-2.5-85 or subsection (b) of
13		Section 3-3-8 of the Unified Code of Corrections.
14		(c) The court shall ensure that the rights of the victim
15		are afforded.
16		(c-5) The following procedures shall be followed to afford
17		victims the rights guaranteed by Article I, Section 8.1 of the
18		Illinois Constitution:
19		(1) Written notice. A victim may complete a written
20		notice of intent to assert rights on a form prepared by the
21		Office of the Attorney General and provided to the victim
22		by the State's Attorney. The victim may at any time
23		provide a revised written notice to the State's Attorney.
24		The State's Attorney shall file the written notice with
25		the court. At the beginning of any court proceeding in
26		which the right of a victim may be at issue, the court and

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1		prosecutor shall review the written notice to determine
2		whether the victim has asserted the right that may be at
3		issue.
4		(2) Victim's retained attorney. A victim's attorney
5		shall file an entry of appearance limited to assertion of
6		the victim's rights. Upon the filing of the entry of
7		appearance and service on the State's Attorney and the
8		defendant, the attorney is to receive copies of all
9		notices, motions and court orders filed thereafter in the
10		case.
11		(3) Standing. The victim has standing to assert the
12		rights enumerated in subsection (a) of Article I, Section
13		8.1 of the Illinois Constitution and the statutory rights
14		under Section 4 of this Act in any court exercising
15		jurisdiction over the criminal case. The prosecuting
16		attorney, a victim, or the victim's retained attorney may
17		assert the victim's rights. The defendant in the criminal
18		case has no standing to assert a right of the victim in any
19		court proceeding, including on appeal.
20		(4) Assertion of and enforcement of rights.
21		(A) The prosecuting attorney shall assert a
22		victim's right or request enforcement of a right by
23		filing a motion or by orally asserting the right or
24		requesting enforcement in open court in the criminal
25		case outside the presence of the jury. The prosecuting
26		attorney shall consult with the victim and the

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1		victim's attorney regarding the assertion or
2		enforcement of a right. If the prosecuting attorney
3		decides not to assert or enforce a victim's right, the
4		prosecuting attorney shall notify the victim or the
5		victim's attorney in sufficient time to allow the
6		victim or the victim's attorney to assert the right or
7		to seek enforcement of a right.
8		(B) If the prosecuting attorney elects not to
9		assert a victim's right or to seek enforcement of a
10		right, the victim or the victim's attorney may assert
11		the victim's right or request enforcement of a right
12		by filing a motion or by orally asserting the right or
13		requesting enforcement in open court in the criminal
14		case outside the presence of the jury.
15		(C) If the prosecuting attorney asserts a victim's
16		right or seeks enforcement of a right, and the court
17		denies the assertion of the right or denies the
18		request for enforcement of a right, the victim or
19		victim's attorney may file a motion to assert the
20		victim's right or to request enforcement of the right
21		within 10 days of the court's ruling. The motion need
22		not demonstrate the grounds for a motion for
23		reconsideration. The court shall rule on the merits of
24		the motion.
25		(D) The court shall take up and decide any motion
26		or request asserting or seeking enforcement of a

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1		victim's right without delay, unless a specific time
2		period is specified by law or court rule. The reasons
3		for any decision denying the motion or request shall
4		be clearly stated on the record.
5		(5) Violation of rights and remedies.
6		(A) If the court determines that a victim's right
7		has been violated, the court shall determine the
8		appropriate remedy for the violation of the victim's
9		right by hearing from the victim and the parties,
10		considering all factors relevant to the issue, and
11		then awarding appropriate relief to the victim.
12		(A-5) Consideration of an issue of a substantive
13		nature or an issue that implicates the constitutional
14		or statutory right of a victim at a court proceeding
15		labeled as a status hearing shall constitute a per se
16		violation of a victim's right.
17		(B) The appropriate remedy shall include only
18		actions necessary to provide the victim the right to
19		which the victim was entitled and may include
20		reopening previously held proceedings; however, in no
21		event shall the court vacate a conviction. Any remedy
22		shall be tailored to provide the victim an appropriate
23		remedy without violating any constitutional right of
24		the defendant. In no event shall the appropriate
25		remedy be a new trial, damages, or costs.
26		(6) Right to be heard. Whenever a victim has the right

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1		to be heard, the court shall allow the victim to exercise
2		the right in any reasonable manner the victim chooses.
3		(7) Right to attend trial. A party must file a written
4		motion to exclude a victim from trial at least 60 days
5		prior to the date set for trial. The motion must state with
6		specificity the reason exclusion is necessary to protect a
7		constitutional right of the party, and must contain an
8		offer of proof. The court shall rule on the motion within
9		30 days. If the motion is granted, the court shall set
10		forth on the record the facts that support its finding
11		that the victim's testimony will be materially affected if
12		the victim hears other testimony at trial.
13		(8) Right to have advocate and support person present
14		at court proceedings.
15		(A) A party who intends to call an advocate as a
16		witness at trial must seek permission of the court
17		before the subpoena is issued. The party must file a
18		written motion at least 90 days before trial that sets
19		forth specifically the issues on which the advocate's
20		testimony is sought and an offer of proof regarding
21		(i) the content of the anticipated testimony of the
22		advocate; and (ii) the relevance, admissibility, and
23		materiality of the anticipated testimony. The court
24		shall consider the motion and make findings within 30
25		days of the filing of the motion. If the court finds by
26		a preponderance of the evidence that: (i) the

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1		anticipated testimony is not protected by an absolute
2		privilege; and (ii) the anticipated testimony contains
3		relevant, admissible, and material evidence that is
4		not available through other witnesses or evidence, the
5		court shall issue a subpoena requiring the advocate to
6		appear to testify at an in camera hearing. The
7		prosecuting attorney and the victim shall have 15 days
8		to seek appellate review before the advocate is
9		required to testify at an ex parte in camera
10		proceeding.
11		The prosecuting attorney, the victim, and the
12		advocate's attorney shall be allowed to be present at
13		the ex parte in camera proceeding. If, after
14		conducting the ex parte in camera hearing, the court
15		determines that due process requires any testimony
16		regarding confidential or privileged information or
17		communications, the court shall provide to the
18		prosecuting attorney, the victim, and the advocate's
19		attorney a written memorandum on the substance of the
20		advocate's testimony. The prosecuting attorney, the
21		victim, and the advocate's attorney shall have 15 days
22		to seek appellate review before a subpoena may be
23		issued for the advocate to testify at trial. The
24		presence of the prosecuting attorney at the ex parte
25		in camera proceeding does not make the substance of
26		the advocate's testimony that the court has ruled

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1		inadmissible subject to discovery.
2		(B) If a victim has asserted the right to have a
3		support person present at the court proceedings, the
4		victim shall provide the name of the person the victim
5		has chosen to be the victim's support person to the
6		prosecuting attorney, within 60 days of trial. The
7		prosecuting attorney shall provide the name to the
8		defendant. If the defendant intends to call the
9		support person as a witness at trial, the defendant
10		must seek permission of the court before a subpoena is
11		issued. The defendant must file a written motion at
12		least 45 days prior to trial that sets forth
13		specifically the issues on which the support person
14		will testify and an offer of proof regarding: (i) the
15		content of the anticipated testimony of the support
16		person; and (ii) the relevance, admissibility, and
17		materiality of the anticipated testimony.
18		If the prosecuting attorney intends to call the
19		support person as a witness during the State's
20		case-in-chief, the prosecuting attorney shall inform
21		the court of this intent in the response to the
22		defendant's written motion. The victim may choose a
23		different person to be the victim's support person.
24		The court may allow the defendant to inquire about
25		matters outside the scope of the direct examination
26		during cross-examination. If the court allows the

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1		defendant to do so, the support person shall be
2		allowed to remain in the courtroom after the support
3		person has testified. A defendant who fails to
4		question the support person about matters outside the
5		scope of direct examination during the State's
6		case-in-chief waives the right to challenge the
7		presence of the support person on appeal. The court
8		shall allow the support person to testify if called as
9		a witness in the defendant's case-in-chief or the
10		State's rebuttal.
11		If the court does not allow the defendant to
12		inquire about matters outside the scope of the direct
13		examination, the support person shall be allowed to
14		remain in the courtroom after the support person has
15		been called by the defendant or the defendant has
16		rested. The court shall allow the support person to
17		testify in the State's rebuttal.
18		If the prosecuting attorney does not intend to
19		call the support person in the State's case-in-chief,
20		the court shall verify with the support person whether
21		the support person, if called as a witness, would
22		testify as set forth in the offer of proof. If the
23		court finds that the support person would testify as
24		set forth in the offer of proof, the court shall rule
25		on the relevance, materiality, and admissibility of
26		the anticipated testimony. If the court rules the

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1		anticipated testimony is admissible, the court shall
2		issue the subpoena. The support person may remain in
3		the courtroom after the support person testifies and
4		shall be allowed to testify in rebuttal.
5		If the court excludes the victim's support person
6		during the State's case-in-chief, the victim shall be
7		allowed to choose another support person to be present
8		in court.
9		If the victim fails to designate a support person
10		within 60 days of trial and the defendant has
11		subpoenaed the support person to testify at trial, the
12		court may exclude the support person from the trial
13		until the support person testifies. If the court
14		excludes the support person the victim may choose
15		another person as a support person.
16		(9) Right to notice and hearing before disclosure of
17		confidential or privileged information or records. A
18		defendant who seeks to subpoena records of or concerning
19		the victim that are confidential or privileged by law must
20		seek permission of the court before the subpoena is
21		issued. The defendant must file a written motion and an
22		offer of proof regarding the relevance, admissibility and
23		materiality of the records. If the court finds by a
24		preponderance of the evidence that: (A) the records are
25		not protected by an absolute privilege and (B) the records
26		contain relevant, admissible, and material evidence that

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1		is not available through other witnesses or evidence, the
2		court shall issue a subpoena requiring a sealed copy of
3		the records be delivered to the court to be reviewed in
4		camera. If, after conducting an in camera review of the
5		records, the court determines that due process requires
6		disclosure of any portion of the records, the court shall
7		provide copies of what it intends to disclose to the
8		prosecuting attorney and the victim. The prosecuting
9		attorney and the victim shall have 30 days to seek
10		appellate review before the records are disclosed to the
11		defendant. The disclosure of copies of any portion of the
12		records to the prosecuting attorney does not make the
13		records subject to discovery.
14		(10) Right to notice of court proceedings. If the
15		victim is not present at a court proceeding in which a
16		right of the victim is at issue, the court shall ask the
17		prosecuting attorney whether the victim was notified of
18		the time, place, and purpose of the court proceeding and
19		that the victim had a right to be heard at the court
20		proceeding. If the court determines that timely notice was
21		not given or that the victim was not adequately informed
22		of the nature of the court proceeding, the court shall not
23		rule on any substantive issues, accept a plea, or impose a
24		sentence and shall continue the hearing for the time
25		necessary to notify the victim of the time, place and
26		nature of the court proceeding. The time between court

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1		proceedings shall not be attributable to the State under
2		Section 103-5 of the Code of Criminal Procedure of 1963.
3		(11) Right to timely disposition of the case. A victim
4		has the right to timely disposition of the case so as to
5		minimize the stress, cost, and inconvenience resulting
6		from the victim's involvement in the case. Before ruling
7		on a motion to continue trial or other court proceeding,
8		the court shall inquire into the circumstances for the
9		request for the delay and, if the victim has provided
10		written notice of the assertion of the right to a timely
11		disposition, and whether the victim objects to the delay.
12		If the victim objects, the prosecutor shall inform the
13		court of the victim's objections. If the prosecutor has
14		not conferred with the victim about the continuance, the
15		prosecutor shall inform the court of the attempts to
16		confer. If the court finds the attempts of the prosecutor
17		to confer with the victim were inadequate to protect the
18		victim's right to be heard, the court shall give the
19		prosecutor at least 3 but not more than 5 business days to
20		confer with the victim. In ruling on a motion to continue,
21		the court shall consider the reasons for the requested
22		continuance, the number and length of continuances that
23		have been granted, the victim's objections and procedures
24		to avoid further delays. If a continuance is granted over
25		the victim's objection, the court shall specify on the
26		record the reasons for the continuance and the procedures

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1		that have been or will be taken to avoid further delays.
2		(12) Right to Restitution.
3		(A) If the victim has asserted the right to
4		restitution and the amount of restitution is known at
5		the time of sentencing, the court shall enter the
6		judgment of restitution at the time of sentencing.
7		(B) If the victim has asserted the right to
8		restitution and the amount of restitution is not known
9		at the time of sentencing, the prosecutor shall,
10		within 5 days after sentencing, notify the victim what
11		information and documentation related to restitution
12		is needed and that the information and documentation
13		must be provided to the prosecutor within 45 days
14		after sentencing. Failure to timely provide
15		information and documentation related to restitution
16		shall be deemed a waiver of the right to restitution.
17		The prosecutor shall file and serve within 60 days
18		after sentencing a proposed judgment for restitution
19		and a notice that includes information concerning the
20		identity of any victims or other persons seeking
21		restitution, whether any victim or other person
22		expressly declines restitution, the nature and amount
23		of any damages together with any supporting
24		documentation, a restitution amount recommendation,
25		and the names of any co-defendants and their case
26		numbers. Within 30 days after receipt of the proposed

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1		judgment for restitution, the defendant shall file any
2		objection to the proposed judgment, a statement of
3		grounds for the objection, and a financial statement.
4		If the defendant does not file an objection, the court
5		may enter the judgment for restitution without further
6		proceedings. If the defendant files an objection and
7		either party requests a hearing, the court shall
8		schedule a hearing.
9		(13) Access to presentence reports.
10		(A) The victim may request a copy of the
11		presentence report prepared under the Unified Code of
12		Corrections from the State's Attorney. The State's
13		Attorney shall redact the following information before
14		providing a copy of the report:
15		(i) the defendant's mental history and
16		condition;
17		(ii) any evaluation prepared under subsection
18		(b) or (b-5) of Section 5-3-2; and
19		(iii) the name, address, phone number, and
20		other personal information about any other victim.
21		(B) The State's Attorney or the defendant may
22		request the court redact other information in the
23		report that may endanger the safety of any person.
24		(C) The State's Attorney may orally disclose to
25		the victim any of the information that has been
26		redacted if there is a reasonable likelihood that the

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1		information will be stated in court at the sentencing.
2		(D) The State's Attorney must advise the victim
3		that the victim must maintain the confidentiality of
4		the report and other information. Any dissemination of
5		the report or information that was not stated at a
6		court proceeding constitutes indirect criminal
7		contempt of court.
8		(14) Appellate relief. If the trial court denies the
9		relief requested, the victim, the victim's attorney, or
10		the prosecuting attorney may file an appeal within 30 days
11		of the trial court's ruling. The trial or appellate court
12		may stay the court proceedings if the court finds that a
13		stay would not violate a constitutional right of the
14		defendant. If the appellate court denies the relief
15		sought, the reasons for the denial shall be clearly stated
16		in a written opinion. In any appeal in a criminal case, the
17		State may assert as error the court's denial of any crime
18		victim's right in the proceeding to which the appeal
19		relates.
20		(15) Limitation on appellate relief. In no case shall
21		an appellate court provide a new trial to remedy the
22		violation of a victim's right.
23		(16) The right to be reasonably protected from the
24		accused throughout the criminal justice process and the
25		right to have the safety of the victim and the victim's
26		family considered in denying or fixing the amount of bail,

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1		determining whether to release the defendant, and setting
2		conditions of release after arrest and conviction. A
3		victim of domestic violence, a sexual offense, or stalking
4		may request the entry of a protective order under Article
5		112A of the Code of Criminal Procedure of 1963.
6		(d) Procedures after the imposition of sentence.
7		(1) The Prisoner Review Board shall inform a victim or
8		any other concerned citizen, upon written request, of the
9		prisoner's release on parole, mandatory supervised
10		release, electronic detention, work release, international
11		transfer or exchange, or by the custodian, other than the
12		Department of Juvenile Justice, of the discharge of any
13		individual who was adjudicated a delinquent for a crime
14		from State custody and by the sheriff of the appropriate
15		county of any such person's final discharge from county
16		custody. The Prisoner Review Board, upon written request,
17		shall provide to a victim or any other concerned citizen a
18		recent photograph of any person convicted of a felony,
19		upon his or her release from custody. The Prisoner Review
20		Board, upon written request, shall inform a victim or any
21		other concerned citizen when feasible at least 7 days
22		prior to the prisoner's release on furlough of the times
23		and dates of such furlough. Upon written request by the
24		victim or any other concerned citizen, the State's
25		Attorney shall notify the person once of the times and
26		dates of release of a prisoner sentenced to periodic

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1		imprisonment. Notification shall be based on the most
2		recent information as to the victim's or other concerned
3		citizen's residence or other location available to the
4		notifying authority.
5		(2) When the defendant has been committed to the
6		Department of Human Services pursuant to Section 5-2-4 or
7		any other provision of the Unified Code of Corrections,
8		the victim may request to be notified by the releasing
9		authority of the approval by the court of an on-grounds
10		pass, a supervised off-grounds pass, an unsupervised
11		off-grounds pass, or conditional release; the release on
12		an off-grounds pass; the return from an off-grounds pass;
13		transfer to another facility; conditional release; escape;
14		death; or final discharge from State custody. The
15		Department of Human Services shall establish and maintain
16		a statewide telephone number to be used by victims to make
17		notification requests under these provisions and shall
18		publicize this telephone number on its website and to the
19		State's Attorney of each county.
20		(3) In the event of an escape from State custody, the
21		Department of Corrections or the Department of Juvenile
22		Justice immediately shall notify the Prisoner Review Board
23		of the escape and the Prisoner Review Board shall notify
24		the victim. The notification shall be based upon the most
25		recent information as to the victim's residence or other
26		location available to the Board. When no such information

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1		is available, the Board shall make all reasonable efforts
2		to obtain the information and make the notification. When
3		the escapee is apprehended, the Department of Corrections
4		or the Department of Juvenile Justice immediately shall
5		notify the Prisoner Review Board and the Board shall
6		notify the victim.
7		(4) The victim of the crime for which the prisoner has
8		been sentenced has the right to register with the Prisoner
9		Review Board's victim registry. Victims registered with
10		the Board shall receive reasonable written notice not less
11		than 30 days prior to the parole hearing or target
12		aftercare release date. The victim has the right to submit
13		a victim statement for consideration by the Prisoner
14		Review Board or the Department of Juvenile Justice in
15		writing, on film, videotape, or other electronic means, or
16		in the form of a recording prior to the parole hearing or
17		target aftercare release date, or in person at the parole
18		hearing or aftercare release protest hearing, or by
19		calling the toll-free number established in subsection (f)
20		of this Section. The victim shall be notified within 7
21		days after the prisoner has been granted parole or
22		aftercare release and shall be informed of the right to
23		inspect the registry of parole decisions, established
24		under subsection (g) of Section 3-3-5 of the Unified Code
25		of Corrections. The provisions of this paragraph (4) are
26		subject to the Open Parole Hearings Act. Victim statements

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1		provided to the Board shall be confidential and
2		privileged, including any statements received prior to
3		January 1, 2020 (the effective date of Public Act
4		101-288), except if the statement was an oral statement
5		made by the victim at a hearing open to the public.
6		(4-1) The crime victim has the right to submit a
7		victim statement for consideration by the Prisoner Review
8		Board or the Department of Juvenile Justice prior to or at
9		a hearing to determine the conditions of mandatory
10		supervised release of a person sentenced to a determinate
11		sentence or at a hearing on revocation of mandatory
12		supervised release of a person sentenced to a determinate
13		sentence. A victim statement may be submitted in writing,
14		on film, videotape, or other electronic means, or in the
15		form of a recording, or orally at a hearing, or by calling
16		the toll-free number established in subsection (f) of this
17		Section. Victim statements provided to the Board shall be
18		confidential and privileged, including any statements
19		received prior to January 1, 2020 (the effective date of
20		Public Act 101-288), except if the statement was an oral
21		statement made by the victim at a hearing open to the
22		public.
23		(4-2) The crime victim has the right to submit a
24		victim statement to the Prisoner Review Board for
25		consideration at an executive clemency hearing as provided
26		in Section 3-3-13 of the Unified Code of Corrections. A

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1		victim statement may be submitted in writing, on film,
2		videotape, or other electronic means, or in the form of a
3		recording prior to a hearing, or orally at a hearing, or by
4		calling the toll-free number established in subsection (f)
5		of this Section. Victim statements provided to the Board
6		shall be confidential and privileged, including any
7		statements received prior to January 1, 2020 (the
8		effective date of Public Act 101-288), except if the
9		statement was an oral statement made by the victim at a
10		hearing open to the public.
11		(5) If a statement is presented under Section 6, the
12		Prisoner Review Board or Department of Juvenile Justice
13		shall inform the victim of any order of discharge pursuant
14		to Section 3-2.5-85 or 3-3-8 of the Unified Code of
15		Corrections.
16		(6) At the written or oral request of the victim of the
17		crime for which the prisoner was sentenced or the State's
18		Attorney of the county where the person seeking parole or
19		aftercare release was prosecuted, the Prisoner Review
20		Board or Department of Juvenile Justice shall notify the
21		victim and the State's Attorney of the county where the
22		person seeking parole or aftercare release was prosecuted
23		of the death of the prisoner if the prisoner died while on
24		parole or aftercare release or mandatory supervised
25		release.
26		(7) When a defendant who has been committed to the

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1		Department of Corrections, the Department of Juvenile
2		Justice, or the Department of Human Services is released
3		or discharged and subsequently committed to the Department
4		of Human Services as a sexually violent person and the
5		victim had requested to be notified by the releasing
6		authority of the defendant's discharge, conditional
7		release, death, or escape from State custody, the
8		releasing authority shall provide to the Department of
9		Human Services such information that would allow the
10		Department of Human Services to contact the victim.
11		(8) When a defendant has been convicted of a sex
12		offense as defined in Section 2 of the Sex Offender
13		Registration Act and has been sentenced to the Department
14		of Corrections or the Department of Juvenile Justice, the
15		Prisoner Review Board or the Department of Juvenile
16		Justice shall notify the victim of the sex offense of the
17		prisoner's eligibility for release on parole, aftercare
18		release, mandatory supervised release, electronic
19		detention, work release, international transfer or
20		exchange, or by the custodian of the discharge of any
21		individual who was adjudicated a delinquent for a sex
22		offense from State custody and by the sheriff of the
23		appropriate county of any such person's final discharge
24		from county custody. The notification shall be made to the
25		victim at least 30 days, whenever possible, before release
26		of the sex offender.

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1		(e) The officials named in this Section may satisfy some
2		or all of their obligations to provide notices and other
3		information through participation in a statewide victim and
4		witness notification system established by the Attorney
5		General under Section 8.5 of this Act.
6		(f) The Prisoner Review Board shall establish a toll-free
7		number that may be accessed by the crime victim to present a
8		victim statement to the Board in accordance with paragraphs
9		(4), (4-1), and (4-2) of subsection (d).
10		(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
11		102-22, eff. 6-25-21; 102-558, eff. 8-20-21; revised
12		12-13-21.)
13		(Text of Section after amendment by P.A. 101-652)
14		Sec. 4.5. Procedures to implement the rights of crime
15		victims. To afford crime victims their rights, law
16		enforcement, prosecutors, judges, and corrections will provide
17		information, as appropriate, of the following procedures:
18		(a) At the request of the crime victim, law enforcement
19		authorities investigating the case shall provide notice of the
20		status of the investigation, except where the State's Attorney
21		determines that disclosure of such information would
22		unreasonably interfere with the investigation, until such time
23		as the alleged assailant is apprehended or the investigation
24		is closed.
25		(a-5) When law enforcement authorities reopen a closed

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1		case to resume investigating, they shall provide notice of the
2		reopening of the case, except where the State's Attorney
3		determines that disclosure of such information would
4		unreasonably interfere with the investigation.
5		(b) The office of the State's Attorney:
6		(1) shall provide notice of the filing of an
7		information, the return of an indictment, or the filing of
8		a petition to adjudicate a minor as a delinquent for a
9		violent crime;
10		(2) shall provide timely notice of the date, time, and
11		place of court proceedings; of any change in the date,
12		time, and place of court proceedings; and of any
13		cancellation of court proceedings. Notice shall be
14		provided in sufficient time, wherever possible, for the
15		victim to make arrangements to attend or to prevent an
16		unnecessary appearance at court proceedings;
17		(3) or victim advocate personnel shall provide
18		information of social services and financial assistance
19		available for victims of crime, including information of
20		how to apply for these services and assistance;
21		(3.5) or victim advocate personnel shall provide
22		information about available victim services, including
23		referrals to programs, counselors, and agencies that
24		assist a victim to deal with trauma, loss, and grief;
25		(4) shall assist in having any stolen or other
26		personal property held by law enforcement authorities for

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1		evidentiary or other purposes returned as expeditiously as
2		possible, pursuant to the procedures set out in Section
3		115-9 of the Code of Criminal Procedure of 1963;
4		(5) or victim advocate personnel shall provide
5		appropriate employer intercession services to ensure that
6		employers of victims will cooperate with the criminal
7		justice system in order to minimize an employee's loss of
8		pay and other benefits resulting from court appearances;
9		(6) shall provide, whenever possible, a secure waiting
10		area during court proceedings that does not require
11		victims to be in close proximity to defendants or
12		juveniles accused of a violent crime, and their families
13		and friends;
14		(7) shall provide notice to the crime victim of the
15		right to have a translator present at all court
16		proceedings and, in compliance with the federal Americans
17		with Disabilities Act of 1990, the right to communications
18		access through a sign language interpreter or by other
19		means;
20		(8) (blank);
21		(8.5) shall inform the victim of the right to be
22		present at all court proceedings, unless the victim is to
23		testify and the court determines that the victim's
24		testimony would be materially affected if the victim hears
25		other testimony at trial;
26		(9) shall inform the victim of the right to have

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1		present at all court proceedings, subject to the rules of
2		evidence and confidentiality, an advocate and other
3		support person of the victim's choice;
4		(9.3) shall inform the victim of the right to retain
5		an attorney, at the victim's own expense, who, upon
6		written notice filed with the clerk of the court and
7		State's Attorney, is to receive copies of all notices,
8		motions, and court orders filed thereafter in the case, in
9		the same manner as if the victim were a named party in the
10		case;
11		(9.5) shall inform the victim of (A) the victim's
12		right under Section 6 of this Act to make a statement at
13		the sentencing hearing; (B) the right of the victim's
14		spouse, guardian, parent, grandparent, and other immediate
15		family and household members under Section 6 of this Act
16		to present a statement at sentencing; and (C) if a
17		presentence report is to be prepared, the right of the
18		victim's spouse, guardian, parent, grandparent, and other
19		immediate family and household members to submit
20		information to the preparer of the presentence report
21		about the effect the offense has had on the victim and the
22		person;
23		(10) at the sentencing shall make a good faith attempt
24		to explain the minimum amount of time during which the
25		defendant may actually be physically imprisoned. The
26		Office of the State's Attorney shall further notify the

HB5501 Engrossed - 2452 - LRB102 24698 AMC 33937 b
1		crime victim of the right to request from the Prisoner
2		Review Board or Department of Juvenile Justice information
3		concerning the release of the defendant;
4		(11) shall request restitution at sentencing and as
5		part of a plea agreement if the victim requests
6		restitution;
7		(12) shall, upon the court entering a verdict of not
8		guilty by reason of insanity, inform the victim of the
9		notification services available from the Department of
10		Human Services, including the statewide telephone number,
11		under subparagraph (d)(2) of this Section;
12		(13) shall provide notice within a reasonable time
13		after receipt of notice from the custodian, of the release
14		of the defendant on pretrial release or personal
15		recognizance or the release from detention of a minor who
16		has been detained;
17		(14) shall explain in nontechnical language the
18		details of any plea or verdict of a defendant, or any
19		adjudication of a juvenile as a delinquent;
20		(15) shall make all reasonable efforts to consult with
21		the crime victim before the Office of the State's Attorney
22		makes an offer of a plea bargain to the defendant or enters
23		into negotiations with the defendant concerning a possible
24		plea agreement, and shall consider the written statement,
25		if prepared prior to entering into a plea agreement. The
26		right to consult with the prosecutor does not include the

HB5501 Engrossed - 2453 - LRB102 24698 AMC 33937 b
1		right to veto a plea agreement or to insist the case go to
2		trial. If the State's Attorney has not consulted with the
3		victim prior to making an offer or entering into plea
4		negotiations with the defendant, the Office of the State's
5		Attorney shall notify the victim of the offer or the
6		negotiations within 2 business days and confer with the
7		victim;
8		(16) shall provide notice of the ultimate disposition
9		of the cases arising from an indictment or an information,
10		or a petition to have a juvenile adjudicated as a
11		delinquent for a violent crime;
12		(17) shall provide notice of any appeal taken by the
13		defendant and information on how to contact the
14		appropriate agency handling the appeal, and how to request
15		notice of any hearing, oral argument, or decision of an
16		appellate court;
17		(18) shall provide timely notice of any request for
18		post-conviction review filed by the defendant under
19		Article 122 of the Code of Criminal Procedure of 1963, and
20		of the date, time and place of any hearing concerning the
21		petition. Whenever possible, notice of the hearing shall
22		be given within 48 hours of the court's scheduling of the
23		hearing;
24		(19) shall forward a copy of any statement presented
25		under Section 6 to the Prisoner Review Board or Department
26		of Juvenile Justice to be considered in making a

HB5501 Engrossed - 2454 - LRB102 24698 AMC 33937 b
1		determination under Section 3-2.5-85 or subsection (b) of
2		Section 3-3-8 of the Unified Code of Corrections;
3		(20) shall, within a reasonable time, offer to meet
4		with the crime victim regarding the decision of the
5		State's Attorney not to charge an offense, and shall meet
6		with the victim, if the victim agrees. The victim has a
7		right to have an attorney, advocate, and other support
8		person of the victim's choice attend this meeting with the
9		victim; and
10		(21) shall give the crime victim timely notice of any
11		decision not to pursue charges and consider the safety of
12		the victim when deciding how to give such notice.
13		(c) The court shall ensure that the rights of the victim
14		are afforded.
15		(c-5) The following procedures shall be followed to afford
16		victims the rights guaranteed by Article I, Section 8.1 of the
17		Illinois Constitution:
18		(1) Written notice. A victim may complete a written
19		notice of intent to assert rights on a form prepared by the
20		Office of the Attorney General and provided to the victim
21		by the State's Attorney. The victim may at any time
22		provide a revised written notice to the State's Attorney.
23		The State's Attorney shall file the written notice with
24		the court. At the beginning of any court proceeding in
25		which the right of a victim may be at issue, the court and
26		prosecutor shall review the written notice to determine

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1		whether the victim has asserted the right that may be at
2		issue.
3		(2) Victim's retained attorney. A victim's attorney
4		shall file an entry of appearance limited to assertion of
5		the victim's rights. Upon the filing of the entry of
6		appearance and service on the State's Attorney and the
7		defendant, the attorney is to receive copies of all
8		notices, motions and court orders filed thereafter in the
9		case.
10		(3) Standing. The victim has standing to assert the
11		rights enumerated in subsection (a) of Article I, Section
12		8.1 of the Illinois Constitution and the statutory rights
13		under Section 4 of this Act in any court exercising
14		jurisdiction over the criminal case. The prosecuting
15		attorney, a victim, or the victim's retained attorney may
16		assert the victim's rights. The defendant in the criminal
17		case has no standing to assert a right of the victim in any
18		court proceeding, including on appeal.
19		(4) Assertion of and enforcement of rights.
20		(A) The prosecuting attorney shall assert a
21		victim's right or request enforcement of a right by
22		filing a motion or by orally asserting the right or
23		requesting enforcement in open court in the criminal
24		case outside the presence of the jury. The prosecuting
25		attorney shall consult with the victim and the
26		victim's attorney regarding the assertion or

HB5501 Engrossed - 2456 - LRB102 24698 AMC 33937 b
1		enforcement of a right. If the prosecuting attorney
2		decides not to assert or enforce a victim's right, the
3		prosecuting attorney shall notify the victim or the
4		victim's attorney in sufficient time to allow the
5		victim or the victim's attorney to assert the right or
6		to seek enforcement of a right.
7		(B) If the prosecuting attorney elects not to
8		assert a victim's right or to seek enforcement of a
9		right, the victim or the victim's attorney may assert
10		the victim's right or request enforcement of a right
11		by filing a motion or by orally asserting the right or
12		requesting enforcement in open court in the criminal
13		case outside the presence of the jury.
14		(C) If the prosecuting attorney asserts a victim's
15		right or seeks enforcement of a right, unless the
16		prosecuting attorney objects or the trial court does
17		not allow it, the victim or the victim's attorney may
18		be heard regarding the prosecuting attorney's motion
19		or may file a simultaneous motion to assert or request
20		enforcement of the victim's right. If the victim or
21		the victim's attorney was not allowed to be heard at
22		the hearing regarding the prosecuting attorney's
23		motion, and the court denies the prosecuting
24		attorney's assertion of the right or denies the
25		request for enforcement of a right, the victim or
26		victim's attorney may file a motion to assert the

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1		victim's right or to request enforcement of the right
2		within 10 days of the court's ruling. The motion need
3		not demonstrate the grounds for a motion for
4		reconsideration. The court shall rule on the merits of
5		the motion.
6		(D) The court shall take up and decide any motion
7		or request asserting or seeking enforcement of a
8		victim's right without delay, unless a specific time
9		period is specified by law or court rule. The reasons
10		for any decision denying the motion or request shall
11		be clearly stated on the record.
12		(E) No later than January 1, 2023, the Office of
13		the Attorney General shall:
14		(i) designate an administrative authority
15		within the Office of the Attorney General to
16		receive and investigate complaints relating to the
17		provision or violation of the rights of a crime
18		victim as described in Article I, Section 8.1 of
19		the Illinois Constitution and in this Act;
20		(ii) create and administer a course of
21		training for employees and offices of the State of
22		Illinois that fail to comply with provisions of
23		Illinois law pertaining to the treatment of crime
24		victims as described in Article I, Section 8.1 of
25		the Illinois Constitution and in this Act as
26		required by the court under Section 5 of this Act;

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1		and
2		(iii) have the authority to make
3		recommendations to employees and offices of the
4		State of Illinois to respond more effectively to
5		the needs of crime victims, including regarding
6		the violation of the rights of a crime victim.
7		(F) Crime victims' rights may also be asserted by
8		filing a complaint for mandamus, injunctive, or
9		declaratory relief in the jurisdiction in which the
10		victim's right is being violated or where the crime is
11		being prosecuted. For complaints or motions filed by
12		or on behalf of the victim, the clerk of court shall
13		waive filing fees that would otherwise be owed by the
14		victim for any court filing with the purpose of
15		enforcing crime victims' rights. If the court denies
16		the relief sought by the victim, the reasons for the
17		denial shall be clearly stated on the record in the
18		transcript of the proceedings, in a written opinion,
19		or in the docket entry, and the victim may appeal the
20		circuit court's decision to the appellate court. The
21		court shall issue prompt rulings regarding victims'
22		rights. Proceedings seeking to enforce victims' rights
23		shall not be stayed or subject to unreasonable delay
24		via continuances.
25		(5) Violation of rights and remedies.
26		(A) If the court determines that a victim's right

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1		has been violated, the court shall determine the
2		appropriate remedy for the violation of the victim's
3		right by hearing from the victim and the parties,
4		considering all factors relevant to the issue, and
5		then awarding appropriate relief to the victim.
6		(A-5) Consideration of an issue of a substantive
7		nature or an issue that implicates the constitutional
8		or statutory right of a victim at a court proceeding
9		labeled as a status hearing shall constitute a per se
10		violation of a victim's right.
11		(B) The appropriate remedy shall include only
12		actions necessary to provide the victim the right to
13		which the victim was entitled. Remedies may include,
14		but are not limited to: injunctive relief requiring
15		the victim's right to be afforded; declaratory
16		judgment recognizing or clarifying the victim's
17		rights; a writ of mandamus; and may include reopening
18		previously held proceedings; however, in no event
19		shall the court vacate a conviction. Any remedy shall
20		be tailored to provide the victim an appropriate
21		remedy without violating any constitutional right of
22		the defendant. In no event shall the appropriate
23		remedy to the victim be a new trial or damages.
24		The court shall impose a mandatory training course
25		provided by the Attorney General for the employee under
26		item (ii) of subparagraph (E) of paragraph (4), which must

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1		be successfully completed within 6 months of the entry of
2		the court order.
3		This paragraph (5) takes effect January 2, 2023.
4		(6) Right to be heard. Whenever a victim has the right
5		to be heard, the court shall allow the victim to exercise
6		the right in any reasonable manner the victim chooses.
7		(7) Right to attend trial. A party must file a written
8		motion to exclude a victim from trial at least 60 days
9		prior to the date set for trial. The motion must state with
10		specificity the reason exclusion is necessary to protect a
11		constitutional right of the party, and must contain an
12		offer of proof. The court shall rule on the motion within
13		30 days. If the motion is granted, the court shall set
14		forth on the record the facts that support its finding
15		that the victim's testimony will be materially affected if
16		the victim hears other testimony at trial.
17		(8) Right to have advocate and support person present
18		at court proceedings.
19		(A) A party who intends to call an advocate as a
20		witness at trial must seek permission of the court
21		before the subpoena is issued. The party must file a
22		written motion at least 90 days before trial that sets
23		forth specifically the issues on which the advocate's
24		testimony is sought and an offer of proof regarding
25		(i) the content of the anticipated testimony of the
26		advocate; and (ii) the relevance, admissibility, and

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1		materiality of the anticipated testimony. The court
2		shall consider the motion and make findings within 30
3		days of the filing of the motion. If the court finds by
4		a preponderance of the evidence that: (i) the
5		anticipated testimony is not protected by an absolute
6		privilege; and (ii) the anticipated testimony contains
7		relevant, admissible, and material evidence that is
8		not available through other witnesses or evidence, the
9		court shall issue a subpoena requiring the advocate to
10		appear to testify at an in camera hearing. The
11		prosecuting attorney and the victim shall have 15 days
12		to seek appellate review before the advocate is
13		required to testify at an ex parte in camera
14		proceeding.
15		The prosecuting attorney, the victim, and the
16		advocate's attorney shall be allowed to be present at
17		the ex parte in camera proceeding. If, after
18		conducting the ex parte in camera hearing, the court
19		determines that due process requires any testimony
20		regarding confidential or privileged information or
21		communications, the court shall provide to the
22		prosecuting attorney, the victim, and the advocate's
23		attorney a written memorandum on the substance of the
24		advocate's testimony. The prosecuting attorney, the
25		victim, and the advocate's attorney shall have 15 days
26		to seek appellate review before a subpoena may be

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1		issued for the advocate to testify at trial. The
2		presence of the prosecuting attorney at the ex parte
3		in camera proceeding does not make the substance of
4		the advocate's testimony that the court has ruled
5		inadmissible subject to discovery.
6		(B) If a victim has asserted the right to have a
7		support person present at the court proceedings, the
8		victim shall provide the name of the person the victim
9		has chosen to be the victim's support person to the
10		prosecuting attorney, within 60 days of trial. The
11		prosecuting attorney shall provide the name to the
12		defendant. If the defendant intends to call the
13		support person as a witness at trial, the defendant
14		must seek permission of the court before a subpoena is
15		issued. The defendant must file a written motion at
16		least 45 days prior to trial that sets forth
17		specifically the issues on which the support person
18		will testify and an offer of proof regarding: (i) the
19		content of the anticipated testimony of the support
20		person; and (ii) the relevance, admissibility, and
21		materiality of the anticipated testimony.
22		If the prosecuting attorney intends to call the
23		support person as a witness during the State's
24		case-in-chief, the prosecuting attorney shall inform
25		the court of this intent in the response to the
26		defendant's written motion. The victim may choose a

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1		different person to be the victim's support person.
2		The court may allow the defendant to inquire about
3		matters outside the scope of the direct examination
4		during cross-examination. If the court allows the
5		defendant to do so, the support person shall be
6		allowed to remain in the courtroom after the support
7		person has testified. A defendant who fails to
8		question the support person about matters outside the
9		scope of direct examination during the State's
10		case-in-chief waives the right to challenge the
11		presence of the support person on appeal. The court
12		shall allow the support person to testify if called as
13		a witness in the defendant's case-in-chief or the
14		State's rebuttal.
15		If the court does not allow the defendant to
16		inquire about matters outside the scope of the direct
17		examination, the support person shall be allowed to
18		remain in the courtroom after the support person has
19		been called by the defendant or the defendant has
20		rested. The court shall allow the support person to
21		testify in the State's rebuttal.
22		If the prosecuting attorney does not intend to
23		call the support person in the State's case-in-chief,
24		the court shall verify with the support person whether
25		the support person, if called as a witness, would
26		testify as set forth in the offer of proof. If the

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1		court finds that the support person would testify as
2		set forth in the offer of proof, the court shall rule
3		on the relevance, materiality, and admissibility of
4		the anticipated testimony. If the court rules the
5		anticipated testimony is admissible, the court shall
6		issue the subpoena. The support person may remain in
7		the courtroom after the support person testifies and
8		shall be allowed to testify in rebuttal.
9		If the court excludes the victim's support person
10		during the State's case-in-chief, the victim shall be
11		allowed to choose another support person to be present
12		in court.
13		If the victim fails to designate a support person
14		within 60 days of trial and the defendant has
15		subpoenaed the support person to testify at trial, the
16		court may exclude the support person from the trial
17		until the support person testifies. If the court
18		excludes the support person the victim may choose
19		another person as a support person.
20		(9) Right to notice and hearing before disclosure of
21		confidential or privileged information or records.
22		(A) A defendant who seeks to subpoena testimony or
23		records of or concerning the victim that are
24		confidential or privileged by law must seek permission
25		of the court before the subpoena is issued. The
26		defendant must file a written motion and an offer of

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1		proof regarding the relevance, admissibility and
2		materiality of the testimony or records. If the court
3		finds by a preponderance of the evidence that:
4		(i) the testimony or records are not protected
5		by an absolute privilege and
6		(ii) the testimony or records contain
7		relevant, admissible, and material evidence that
8		is not available through other witnesses or
9		evidence, the court shall issue a subpoena
10		requiring the witness to appear in camera or a
11		sealed copy of the records be delivered to the
12		court to be reviewed in camera. If, after
13		conducting an in camera review of the witness
14		statement or records, the court determines that
15		due process requires disclosure of any potential
16		testimony or any portion of the records, the court
17		shall provide copies of the records that it
18		intends to disclose to the prosecuting attorney
19		and the victim. The prosecuting attorney and the
20		victim shall have 30 days to seek appellate review
21		before the records are disclosed to the defendant,
22		used in any court proceeding, or disclosed to
23		anyone or in any way that would subject the
24		testimony or records to public review. The
25		disclosure of copies of any portion of the
26		testimony or records to the prosecuting attorney

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1		under this Section does not make the records
2		subject to discovery or required to be provided to
3		the defendant.
4		(B) A prosecuting attorney who seeks to subpoena
5		information or records concerning the victim that are
6		confidential or privileged by law must first request
7		the written consent of the crime victim. If the victim
8		does not provide such written consent, including where
9		necessary the appropriate signed document required for
10		waiving privilege, the prosecuting attorney must serve
11		the subpoena at least 21 days prior to the date a
12		response or appearance is required to allow the
13		subject of the subpoena time to file a motion to quash
14		or request a hearing. The prosecuting attorney must
15		also send a written notice to the victim at least 21
16		days prior to the response date to allow the victim to
17		file a motion or request a hearing. The notice to the
18		victim shall inform the victim (i) that a subpoena has
19		been issued for confidential information or records
20		concerning the victim, (ii) that the victim has the
21		right to request a hearing prior to the response date
22		of the subpoena, and (iii) how to request the hearing.
23		The notice to the victim shall also include a copy of
24		the subpoena. If requested, a hearing regarding the
25		subpoena shall occur before information or records are
26		provided to the prosecuting attorney.

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1		(10) Right to notice of court proceedings. If the
2		victim is not present at a court proceeding in which a
3		right of the victim is at issue, the court shall ask the
4		prosecuting attorney whether the victim was notified of
5		the time, place, and purpose of the court proceeding and
6		that the victim had a right to be heard at the court
7		proceeding. If the court determines that timely notice was
8		not given or that the victim was not adequately informed
9		of the nature of the court proceeding, the court shall not
10		rule on any substantive issues, accept a plea, or impose a
11		sentence and shall continue the hearing for the time
12		necessary to notify the victim of the time, place and
13		nature of the court proceeding. The time between court
14		proceedings shall not be attributable to the State under
15		Section 103-5 of the Code of Criminal Procedure of 1963.
16		(11) Right to timely disposition of the case. A victim
17		has the right to timely disposition of the case so as to
18		minimize the stress, cost, and inconvenience resulting
19		from the victim's involvement in the case. Before ruling
20		on a motion to continue trial or other court proceeding,
21		the court shall inquire into the circumstances for the
22		request for the delay and, if the victim has provided
23		written notice of the assertion of the right to a timely
24		disposition, and whether the victim objects to the delay.
25		If the victim objects, the prosecutor shall inform the
26		court of the victim's objections. If the prosecutor has

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1		not conferred with the victim about the continuance, the
2		prosecutor shall inform the court of the attempts to
3		confer. If the court finds the attempts of the prosecutor
4		to confer with the victim were inadequate to protect the
5		victim's right to be heard, the court shall give the
6		prosecutor at least 3 but not more than 5 business days to
7		confer with the victim. In ruling on a motion to continue,
8		the court shall consider the reasons for the requested
9		continuance, the number and length of continuances that
10		have been granted, the victim's objections and procedures
11		to avoid further delays. If a continuance is granted over
12		the victim's objection, the court shall specify on the
13		record the reasons for the continuance and the procedures
14		that have been or will be taken to avoid further delays.
15		(12) Right to Restitution.
16		(A) If the victim has asserted the right to
17		restitution and the amount of restitution is known at
18		the time of sentencing, the court shall enter the
19		judgment of restitution at the time of sentencing.
20		(B) If the victim has asserted the right to
21		restitution and the amount of restitution is not known
22		at the time of sentencing, the prosecutor shall,
23		within 5 days after sentencing, notify the victim what
24		information and documentation related to restitution
25		is needed and that the information and documentation
26		must be provided to the prosecutor within 45 days

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1		after sentencing. Failure to timely provide
2		information and documentation related to restitution
3		shall be deemed a waiver of the right to restitution.
4		The prosecutor shall file and serve within 60 days
5		after sentencing a proposed judgment for restitution
6		and a notice that includes information concerning the
7		identity of any victims or other persons seeking
8		restitution, whether any victim or other person
9		expressly declines restitution, the nature and amount
10		of any damages together with any supporting
11		documentation, a restitution amount recommendation,
12		and the names of any co-defendants and their case
13		numbers. Within 30 days after receipt of the proposed
14		judgment for restitution, the defendant shall file any
15		objection to the proposed judgment, a statement of
16		grounds for the objection, and a financial statement.
17		If the defendant does not file an objection, the court
18		may enter the judgment for restitution without further
19		proceedings. If the defendant files an objection and
20		either party requests a hearing, the court shall
21		schedule a hearing.
22		(13) Access to presentence reports.
23		(A) The victim may request a copy of the
24		presentence report prepared under the Unified Code of
25		Corrections from the State's Attorney. The State's
26		Attorney shall redact the following information before

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1		providing a copy of the report:
2		(i) the defendant's mental history and
3		condition;
4		(ii) any evaluation prepared under subsection
5		(b) or (b-5) of Section 5-3-2; and
6		(iii) the name, address, phone number, and
7		other personal information about any other victim.
8		(B) The State's Attorney or the defendant may
9		request the court redact other information in the
10		report that may endanger the safety of any person.
11		(C) The State's Attorney may orally disclose to
12		the victim any of the information that has been
13		redacted if there is a reasonable likelihood that the
14		information will be stated in court at the sentencing.
15		(D) The State's Attorney must advise the victim
16		that the victim must maintain the confidentiality of
17		the report and other information. Any dissemination of
18		the report or information that was not stated at a
19		court proceeding constitutes indirect criminal
20		contempt of court.
21		(14) Appellate relief. If the trial court denies the
22		relief requested, the victim, the victim's attorney, or
23		the prosecuting attorney may file an appeal within 30 days
24		of the trial court's ruling. The trial or appellate court
25		may stay the court proceedings if the court finds that a
26		stay would not violate a constitutional right of the

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1		defendant. If the appellate court denies the relief
2		sought, the reasons for the denial shall be clearly stated
3		in a written opinion. In any appeal in a criminal case, the
4		State may assert as error the court's denial of any crime
5		victim's right in the proceeding to which the appeal
6		relates.
7		(15) Limitation on appellate relief. In no case shall
8		an appellate court provide a new trial to remedy the
9		violation of a victim's right.
10		(16) The right to be reasonably protected from the
11		accused throughout the criminal justice process and the
12		right to have the safety of the victim and the victim's
13		family considered in determining whether to release the
14		defendant, and setting conditions of release after arrest
15		and conviction. A victim of domestic violence, a sexual
16		offense, or stalking may request the entry of a protective
17		order under Article 112A of the Code of Criminal Procedure
18		of 1963.
19		(d) Procedures after the imposition of sentence.
20		(1) The Prisoner Review Board shall inform a victim or
21		any other concerned citizen, upon written request, of the
22		prisoner's release on parole, mandatory supervised
23		release, electronic detention, work release, international
24		transfer or exchange, or by the custodian, other than the
25		Department of Juvenile Justice, of the discharge of any
26		individual who was adjudicated a delinquent for a crime

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1		from State custody and by the sheriff of the appropriate
2		county of any such person's final discharge from county
3		custody. The Prisoner Review Board, upon written request,
4		shall provide to a victim or any other concerned citizen a
5		recent photograph of any person convicted of a felony,
6		upon his or her release from custody. The Prisoner Review
7		Board, upon written request, shall inform a victim or any
8		other concerned citizen when feasible at least 7 days
9		prior to the prisoner's release on furlough of the times
10		and dates of such furlough. Upon written request by the
11		victim or any other concerned citizen, the State's
12		Attorney shall notify the person once of the times and
13		dates of release of a prisoner sentenced to periodic
14		imprisonment. Notification shall be based on the most
15		recent information as to the victim's or other concerned
16		citizen's residence or other location available to the
17		notifying authority.
18		(2) When the defendant has been committed to the
19		Department of Human Services pursuant to Section 5-2-4 or
20		any other provision of the Unified Code of Corrections,
21		the victim may request to be notified by the releasing
22		authority of the approval by the court of an on-grounds
23		pass, a supervised off-grounds pass, an unsupervised
24		off-grounds pass, or conditional release; the release on
25		an off-grounds pass; the return from an off-grounds pass;
26		transfer to another facility; conditional release; escape;

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1		death; or final discharge from State custody. The
2		Department of Human Services shall establish and maintain
3		a statewide telephone number to be used by victims to make
4		notification requests under these provisions and shall
5		publicize this telephone number on its website and to the
6		State's Attorney of each county.
7		(3) In the event of an escape from State custody, the
8		Department of Corrections or the Department of Juvenile
9		Justice immediately shall notify the Prisoner Review Board
10		of the escape and the Prisoner Review Board shall notify
11		the victim. The notification shall be based upon the most
12		recent information as to the victim's residence or other
13		location available to the Board. When no such information
14		is available, the Board shall make all reasonable efforts
15		to obtain the information and make the notification. When
16		the escapee is apprehended, the Department of Corrections
17		or the Department of Juvenile Justice immediately shall
18		notify the Prisoner Review Board and the Board shall
19		notify the victim.
20		(4) The victim of the crime for which the prisoner has
21		been sentenced has the right to register with the Prisoner
22		Review Board's victim registry. Victims registered with
23		the Board shall receive reasonable written notice not less
24		than 30 days prior to the parole hearing or target
25		aftercare release date. The victim has the right to submit
26		a victim statement for consideration by the Prisoner

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1		Review Board or the Department of Juvenile Justice in
2		writing, on film, videotape, or other electronic means, or
3		in the form of a recording prior to the parole hearing or
4		target aftercare release date, or in person at the parole
5		hearing or aftercare release protest hearing, or by
6		calling the toll-free number established in subsection (f)
7		of this Section. The victim shall be notified within 7
8		days after the prisoner has been granted parole or
9		aftercare release and shall be informed of the right to
10		inspect the registry of parole decisions, established
11		under subsection (g) of Section 3-3-5 of the Unified Code
12		of Corrections. The provisions of this paragraph (4) are
13		subject to the Open Parole Hearings Act. Victim statements
14		provided to the Board shall be confidential and
15		privileged, including any statements received prior to
16		January 1, 2020 (the effective date of Public Act
17		101-288), except if the statement was an oral statement
18		made by the victim at a hearing open to the public.
19		(4-1) The crime victim has the right to submit a
20		victim statement for consideration by the Prisoner Review
21		Board or the Department of Juvenile Justice prior to or at
22		a hearing to determine the conditions of mandatory
23		supervised release of a person sentenced to a determinate
24		sentence or at a hearing on revocation of mandatory
25		supervised release of a person sentenced to a determinate
26		sentence. A victim statement may be submitted in writing,

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1		on film, videotape, or other electronic means, or in the
2		form of a recording, or orally at a hearing, or by calling
3		the toll-free number established in subsection (f) of this
4		Section. Victim statements provided to the Board shall be
5		confidential and privileged, including any statements
6		received prior to January 1, 2020 (the effective date of
7		Public Act 101-288), except if the statement was an oral
8		statement made by the victim at a hearing open to the
9		public.
10		(4-2) The crime victim has the right to submit a
11		victim statement to the Prisoner Review Board for
12		consideration at an executive clemency hearing as provided
13		in Section 3-3-13 of the Unified Code of Corrections. A
14		victim statement may be submitted in writing, on film,
15		videotape, or other electronic means, or in the form of a
16		recording prior to a hearing, or orally at a hearing, or by
17		calling the toll-free number established in subsection (f)
18		of this Section. Victim statements provided to the Board
19		shall be confidential and privileged, including any
20		statements received prior to January 1, 2020 (the
21		effective date of Public Act 101-288), except if the
22		statement was an oral statement made by the victim at a
23		hearing open to the public.
24		(5) If a statement is presented under Section 6, the
25		Prisoner Review Board or Department of Juvenile Justice
26		shall inform the victim of any order of discharge pursuant

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1		to Section 3-2.5-85 or 3-3-8 of the Unified Code of
2		Corrections.
3		(6) At the written or oral request of the victim of the
4		crime for which the prisoner was sentenced or the State's
5		Attorney of the county where the person seeking parole or
6		aftercare release was prosecuted, the Prisoner Review
7		Board or Department of Juvenile Justice shall notify the
8		victim and the State's Attorney of the county where the
9		person seeking parole or aftercare release was prosecuted
10		of the death of the prisoner if the prisoner died while on
11		parole or aftercare release or mandatory supervised
12		release.
13		(7) When a defendant who has been committed to the
14		Department of Corrections, the Department of Juvenile
15		Justice, or the Department of Human Services is released
16		or discharged and subsequently committed to the Department
17		of Human Services as a sexually violent person and the
18		victim had requested to be notified by the releasing
19		authority of the defendant's discharge, conditional
20		release, death, or escape from State custody, the
21		releasing authority shall provide to the Department of
22		Human Services such information that would allow the
23		Department of Human Services to contact the victim.
24		(8) When a defendant has been convicted of a sex
25		offense as defined in Section 2 of the Sex Offender
26		Registration Act and has been sentenced to the Department

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1		of Corrections or the Department of Juvenile Justice, the
2		Prisoner Review Board or the Department of Juvenile
3		Justice shall notify the victim of the sex offense of the
4		prisoner's eligibility for release on parole, aftercare
5		release, mandatory supervised release, electronic
6		detention, work release, international transfer or
7		exchange, or by the custodian of the discharge of any
8		individual who was adjudicated a delinquent for a sex
9		offense from State custody and by the sheriff of the
10		appropriate county of any such person's final discharge
11		from county custody. The notification shall be made to the
12		victim at least 30 days, whenever possible, before release
13		of the sex offender.
14		(e) The officials named in this Section may satisfy some
15		or all of their obligations to provide notices and other
16		information through participation in a statewide victim and
17		witness notification system established by the Attorney
18		General under Section 8.5 of this Act.
19		(f) The Prisoner Review Board shall establish a toll-free
20		number that may be accessed by the crime victim to present a
21		victim statement to the Board in accordance with paragraphs
22		(4), (4-1), and (4-2) of subsection (d).
23		(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
24		101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
25		8-20-21; revised 12-13-21.)

HB5501 Engrossed - 2478 - LRB102 24698 AMC 33937 b
1		Section 635. The Privacy of Child Victims of Criminal
2		Sexual Offenses Act is amended by changing Section 3 as
3		follows:
4		(725 ILCS 190/3) (from Ch. 38, par. 1453)
5		Sec. 3. Confidentiality of Law Enforcement and Court
6		Records. Notwithstanding any other law to the contrary,
7		inspection and copying of law enforcement records maintained
8		by any law enforcement agency or all circuit court records
9		maintained by any circuit clerk relating to any investigation
10		or proceeding pertaining to a criminal sexual offense, by any
11		person, except a judge, state's attorney, assistant state's
12		attorney, Attorney General, Assistant Attorney General,
13		psychologist, psychiatrist, social worker, doctor, parent,
14		parole agent, aftercare specialist, probation officer,
15		defendant, defendant's attorney, advocate, or victim's
16		attorney (as defined in Section 3 of the Illinois Rights of
17		Crime Victims and Witnesses Act) in any criminal proceeding or
18		investigation related thereto, shall be restricted to exclude
19		the identity of any child who is a victim of such criminal
20		sexual offense or alleged criminal sexual offense unless a
21		court order is issued authorizing the removal of such
22		restriction as provided under this Section of a particular
23		case record or particular records of cases maintained by any
24		circuit court clerk. A court may, for the child's protection
25		and for good cause shown, prohibit any person or agency

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1		present in court from further disclosing the child's identity.
2		A court may prohibit such disclosure only after giving
3		notice and a hearing to all affected parties. In determining
4		whether to prohibit disclosure of the minor's identity, the
5		court shall consider:
6		(1) the best interest of the child; and
7		(2) whether such nondisclosure would further a
8		compelling State interest.
9		When a criminal sexual offense is committed or alleged to
10		have been committed by a school district employee or any
11		individual contractually employed by a school district, a copy
12		of the criminal history record information relating to the
13		investigation of the offense or alleged offense shall be
14		transmitted to the superintendent of schools of the district
15		immediately upon request or if the law enforcement agency
16		knows that a school district employee or any individual
17		contractually employed by a school district has committed or
18		is alleged to have committed a criminal sexual offense, the
19		superintendent of schools of the district shall be immediately
20		provided a copy of the criminal history record information.
21		The copy of the criminal history record information to be
22		provided under this Section shall exclude the identity of the
23		child victim. The superintendent shall be restricted from
24		revealing the identity of the victim. Nothing in this Article
25		precludes or may be used to preclude a mandated reporter from
26		reporting child abuse or child neglect as required under the

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1		Abused and Neglected Child Reporting Act.
2		For the purposes of this Act, "criminal history record
3		information" means:
4		(i) chronologically maintained arrest information,
5		such as traditional arrest logs or blotters;
6		(ii) the name of a person in the custody of a law
7		enforcement agency and the charges for which that person
8		is being held;
9		(iii) court records that are public;
10		(iv) records that are otherwise available under State
11		or local law; or
12		(v) records in which the requesting party is the
13		individual identified, except as provided under part (vii)
14		of paragraph (c) of subsection (1) of Section 7 of the
15		Freedom of Information Act.
16		(Source: P.A. 102-651, eff. 1-1-22; revised 12-13-21.)
17		Section 640. The Privacy of Adult Victims of Criminal
18		Sexual Offenses Act is amended by changing Section 10 as
19		follows:
20		(725 ILCS 191/10)
21		Sec. 10. Victim privacy. Notwithstanding any other law to
22		the contrary, inspection and copying of law enforcement
23		records maintained by any law enforcement agency or all
24		circuit court records maintained by any circuit clerk relating

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1		to any investigation or proceeding pertaining to a criminal
2		sexual offense, by any person, except a judge, State's
3		Attorney, Assistant State's Attorney, Attorney General,
4		Assistant Attorney General, psychologist, psychiatrist, social
5		worker, doctor, parole agent, aftercare specialist, probation
6		officer, defendant, defendant's attorney, advocate, or
7		victim's attorney (as defined in Section 3 of the Illinois
8		Rights of Crime Victims and Witnesses Act) in any criminal
9		proceeding or investigation related thereto shall be
10		restricted to exclude the identity of any adult victim of such
11		criminal sexual offense or alleged criminal sexual offense
12		unless a court order is issued authorizing the removal of such
13		restriction as provided under this Section of a particular
14		case record or particular records of cases maintained by any
15		circuit court clerk.
16		A court may, for the adult victim's protection and for
17		good cause shown, prohibit any person or agency present in
18		court from further disclosing the adult victim's identity. A
19		court may prohibit such disclosure only after giving notice
20		and a hearing to all affected parties. In determining whether
21		to prohibit disclosure of the adult victim's identity, the
22		court shall consider:
23		(1) the best interest of the adult victim; and
24		(2) whether such nondisclosure would further a
25		compelling State interest.
26		(Source: P.A. 102-652, eff. 1-1-22; revised 11-24-21.)

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1		Section 645. The Sexual Assault Evidence Submission Act is
2		amended by changing Section 50 as follows:
3		(725 ILCS 202/50)
4		Sec. 50. Sexual assault evidence tracking system.
5		(a) On June 26, 2018, the Sexual Assault Evidence Tracking
6		and Reporting Commission issued its report as required under
7		Section 43. It is the intention of the General Assembly in
8		enacting the provisions of this amendatory Act of the 101st
9		General Assembly to implement the recommendations of the
10		Sexual Assault Evidence Tracking and Reporting Commission set
11		forth in that report in a manner that utilizes the current
12		resources of law enforcement agencies whenever possible and
13		that is adaptable to changing technologies and circumstances.
14		(a-1) Due to the complex nature of a statewide tracking
15		system for sexual assault evidence and to ensure all
16		stakeholders, including, but not limited to, victims and their
17		designees, health care facilities, law enforcement agencies,
18		forensic labs, and State's Attorneys offices are integrated,
19		the Commission recommended the purchase of an electronic
20		off-the-shelf tracking system. The system must be able to
21		communicate with all stakeholders and provide real-time
22		information to a victim or his or her designee on the status of
23		the evidence that was collected. The sexual assault evidence
24		tracking system must:

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1		(1) be electronic and web-based;
2		(2) be administered by the Illinois State Police;
3		(3) have help desk availability at all times;
4		(4) ensure the law enforcement agency contact
5		information is accessible to the victim or his or her
6		designee through the tracking system, so there is contact
7		information for questions;
8		(5) have the option for external connectivity to
9		evidence management systems, laboratory information
10		management systems, or other electronic data systems
11		already in existence by any of the stakeholders to
12		minimize additional burdens or tasks on stakeholders;
13		(6) allow for the victim to opt in for automatic
14		notifications when status updates are entered in the
15		system, if the system allows;
16		(7) include at each step in the process, a brief
17		explanation of the general purpose of that step and a
18		general indication of how long the step may take to
19		complete;
20		(8) contain minimum fields for tracking and reporting,
21		as follows:
22		(A) for sexual assault evidence kit vendor fields:
23		(i) each sexual evidence kit identification
24		number provided to each health care facility; and
25		(ii) the date the sexual evidence kit was sent
26		to the health care facility.

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1		(B) for health care facility fields:
2		(i) the date sexual assault evidence was
3		collected; and
4		(ii) the date notification was made to the law
5		enforcement agency that the sexual assault
6		evidence was collected.
7		(C) for law enforcement agency fields:
8		(i) the date the law enforcement agency took
9		possession of the sexual assault evidence from the
10		health care facility, another law enforcement
11		agency, or victim if he or she did not go through a
12		health care facility;
13		(ii) the law enforcement agency complaint
14		number;
15		(iii) if the law enforcement agency that takes
16		possession of the sexual assault evidence from a
17		health care facility is not the law enforcement
18		agency with jurisdiction in which the offense
19		occurred, the date when the law enforcement agency
20		notified the law enforcement agency having
21		jurisdiction that the agency has sexual assault
22		evidence required under subsection (c) of Section
23		20 of the Sexual Assault Incident Procedure Act;
24		(iv) an indication if the victim consented for
25		analysis of the sexual assault evidence;
26		(v) if the victim did not consent for analysis

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1		of the sexual assault evidence, the date on which
2		the law enforcement agency is no longer required
3		to store the sexual assault evidence;
4		(vi) a mechanism for the law enforcement
5		agency to document why the sexual assault evidence
6		was not submitted to the laboratory for analysis,
7		if applicable;
8		(vii) the date the law enforcement agency
9		received the sexual assault evidence results back
10		from the laboratory;
11		(viii) the date statutory notifications were
12		made to the victim or documentation of why
13		notification was not made; and
14		(ix) the date the law enforcement agency
15		turned over the case information to the State's
16		Attorney office, if applicable.
17		(D) for forensic lab fields:
18		(i) the date the sexual assault evidence is
19		received from the law enforcement agency by the
20		forensic lab for analysis;
21		(ii) the laboratory case number, visible to
22		the law enforcement agency and State's Attorney
23		office; and
24		(iii) the date the laboratory completes the
25		analysis of the sexual assault evidence.
26		(E) for State's Attorney office fields:

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1		(i) the date the State's Attorney office
2		received the sexual assault evidence results from
3		the laboratory, if applicable; and
4		(ii) the disposition or status of the case.
5		(a-2) The Commission also developed guidelines for secure
6		electronic access to a tracking system for a victim, or his or
7		her designee to access information on the status of the
8		evidence collected. The Commission recommended minimum
9		guidelines in order to safeguard confidentiality of the
10		information contained within this statewide tracking system.
11		These recommendations are that the sexual assault evidence
12		tracking system must:
13		(1) allow for secure access, controlled by an
14		administering body who can restrict user access and allow
15		different permissions based on the need of that particular
16		user and health care facility users may include
17		out-of-state border hospitals, if authorized by the
18		Illinois State Police to obtain this State's kits from
19		vendor;
20		(2) provide for users, other than victims, the ability
21		to provide for any individual who is granted access to the
22		program their own unique user ID and password;
23		(3) provide for a mechanism for a victim to enter the
24		system and only access his or her own information;
25		(4) enable a sexual assault evidence to be tracked and
26		identified through the unique sexual assault evidence kit

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1		identification number or barcode that the vendor applies
2		to each sexual assault evidence kit per the Illinois State
3		Police's contract;
4		(5) have a mechanism to inventory unused kits provided
5		to a health care facility from the vendor;
6		(6) provide users the option to either scan the bar
7		code or manually enter the sexual assault evidence kit
8		number into the tracking program;
9		(7) provide a mechanism to create a separate unique
10		identification number for cases in which a sexual evidence
11		kit was not collected, but other evidence was collected;
12		(8) provide the ability to record date, time, and user
13		ID whenever any user accesses the system;
14		(9) provide for real-time entry and update of data;
15		(10) contain report functions including:
16		(A) health care facility compliance with
17		applicable laws;
18		(B) law enforcement agency compliance with
19		applicable laws;
20		(C) law enforcement agency annual inventory of
21		cases to each State's Attorney office; and
22		(D) forensic lab compliance with applicable laws;
23		and
24		(11) provide automatic notifications to the law
25		enforcement agency when:
26		(A) a health care facility has collected sexual

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1		assault evidence;
2		(B) unreleased sexual assault evidence that is
3		being stored by the law enforcement agency has met the
4		minimum storage requirement by law; and
5		(C) timelines as required by law are not met for a
6		particular case, if not otherwise documented.
7		(b) The Illinois State Police may develop rules to
8		implement a sexual assault evidence tracking system that
9		conforms with subsections (a-1) and (a-2) of this Section. The
10		Illinois State Police shall design the criteria for the sexual
11		assault evidence tracking system so that, to the extent
12		reasonably possible, the system can use existing technologies
13		and products, including, but not limited to, currently
14		available tracking systems. The sexual assault evidence
15		tracking system shall be operational and shall begin tracking
16		and reporting sexual assault evidence no later than one year
17		after the effective date of this amendatory Act of the 101st
18		General Assembly. The Illinois State Police may adopt
19		additional rules as it deems necessary to ensure that the
20		sexual assault evidence tracking system continues to be a
21		useful tool for law enforcement.
22		(c) A treatment hospital, a treatment hospital with
23		approved pediatric transfer, an out-of-state hospital approved
24		by the Department of Public Health to receive transfers of
25		Illinois sexual assault survivors, or an approved pediatric
26		health care facility defined in Section 1a of the Sexual

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1		Assault Survivors Emergency Treatment Act shall participate in
2		the sexual assault evidence tracking system created under this
3		Section and in accordance with rules adopted under subsection
4		(b), including, but not limited to, the collection of sexual
5		assault evidence and providing information regarding that
6		evidence, including, but not limited to, providing notice to
7		law enforcement that the evidence has been collected.
8		(d) The operations of the sexual assault evidence tracking
9		system shall be funded by moneys appropriated for that purpose
10		from the State Crime Laboratory Fund and funds provided to the
11		Illinois State Police through asset forfeiture, together with
12		such other funds as the General Assembly may appropriate.
13		(e) To ensure that the sexual assault evidence tracking
14		system is operational, the Illinois State Police may adopt
15		emergency rules to implement the provisions of this Section
16		under subsection (ff) of Section 5-45 of the Illinois
17		Administrative Procedure Act.
18		(f) Information, including, but not limited to, evidence
19		and records in the sexual assault evidence tracking system is
20		exempt from disclosure under the Freedom of Information Act.
21		(Source: P.A. 101-377, eff. 8-16-19; 102-22, eff. 6-25-21;
22		102-523, eff. 8-20-21; 102-538, eff. 8-20-21; revised
23		10-20-21.)
24		Section 650. The Sexual Assault Incident Procedure Act is
25		amended by changing Section 35 as follows:

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1		(725 ILCS 203/35)
2		Sec. 35. Release of information.
3		(a) Upon the request of the victim who has consented to the
4		release of sexual assault evidence for testing, the law
5		enforcement agency having jurisdiction shall notify the victim
6		about the Illinois State Police sexual assault evidence
7		tracking system and provide the following information in
8		writing:
9		(1) the date the sexual assault evidence was sent to
10		an Illinois State Police forensic laboratory or designated
11		laboratory;
12		(2) test results provided to the law enforcement
13		agency by an Illinois State Police forensic laboratory or
14		designated laboratory, including, but not limited to:
15		(A) whether a DNA profile was obtained from the
16		testing of the sexual assault evidence from the
17		victim's case;
18		(B) whether the DNA profile developed from the
19		sexual assault evidence has been searched against the
20		DNA Index System or any state or federal DNA database;
21		(C) whether an association was made to an
22		individual whose DNA profile is consistent with the
23		sexual assault evidence DNA profile, provided that
24		disclosure would not impede or compromise an ongoing
25		investigation; and

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1		(D) whether any drugs were detected in a urine or
2		blood sample analyzed for drug facilitated sexual
3		assault and information about any drugs detected.
4		(b) The information listed in paragraph (1) of subsection
5		(a) of this Section shall be provided to the victim within 7
6		days of the transfer of the evidence to the laboratory. The
7		information listed in paragraph (2) of subsection (a) of this
8		Section shall be provided to the victim within 7 days of the
9		receipt of the information by the law enforcement agency
10		having jurisdiction.
11		(c) At the time the sexual assault evidence is released
12		for testing, the victim shall be provided written information
13		by the law enforcement agency having jurisdiction or the
14		hospital providing emergency services and forensic services to
15		the victim informing him or her of the right to request
16		information under subsection (a) of this Section. A victim may
17		designate another person or agency to receive this
18		information.
19		(d) The victim or the victim's designee shall keep the law
20		enforcement agency having jurisdiction informed of the name,
21		address, telephone number, and email address of the person to
22		whom the information should be provided, and any changes of
23		the name, address, telephone number, and email address, if an
24		email address is available.
25		(Source: P.A. 102-22, eff. 6-25-21; 102-538, eff. 8-20-21;
26		revised 10-20-21.)

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1		Section 655. The Unified Code of Corrections is amended by
2		changing Sections 3-2-2, 3-3-14, 3-6-7.2, 3-14-1, 5-4-1,
3		5-4-3a, 5-5-3, 5-9-1.4, and 5-9-1.9 and the heading of Article
4		3 of Chapter III as follows:
5		(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
6		Sec. 3-2-2. Powers and duties of the Department.
7		(1) In addition to the powers, duties, and
8		responsibilities which are otherwise provided by law, the
9		Department shall have the following powers:
10		(a) To accept persons committed to it by the courts of
11		this State for care, custody, treatment, and
12		rehabilitation, and to accept federal prisoners and aliens
13		over whom the Office of the Federal Detention Trustee is
14		authorized to exercise the federal detention function for
15		limited purposes and periods of time.
16		(b) To develop and maintain reception and evaluation
17		units for purposes of analyzing the custody and
18		rehabilitation needs of persons committed to it and to
19		assign such persons to institutions and programs under its
20		control or transfer them to other appropriate agencies. In
21		consultation with the Department of Alcoholism and
22		Substance Abuse (now the Department of Human Services),
23		the Department of Corrections shall develop a master plan
24		for the screening and evaluation of persons committed to

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1		its custody who have alcohol or drug abuse problems, and
2		for making appropriate treatment available to such
3		persons; the Department shall report to the General
4		Assembly on such plan not later than April 1, 1987. The
5		maintenance and implementation of such plan shall be
6		contingent upon the availability of funds.
7		(b-1) To create and implement, on January 1, 2002, a
8		pilot program to establish the effectiveness of
9		pupillometer technology (the measurement of the pupil's
10		reaction to light) as an alternative to a urine test for
11		purposes of screening and evaluating persons committed to
12		its custody who have alcohol or drug problems. The pilot
13		program shall require the pupillometer technology to be
14		used in at least one Department of Corrections facility.
15		The Director may expand the pilot program to include an
16		additional facility or facilities as he or she deems
17		appropriate. A minimum of 4,000 tests shall be included in
18		the pilot program. The Department must report to the
19		General Assembly on the effectiveness of the program by
20		January 1, 2003.
21		(b-5) To develop, in consultation with the Illinois
22		State Police, a program for tracking and evaluating each
23		inmate from commitment through release for recording his
24		or her gang affiliations, activities, or ranks.
25		(c) To maintain and administer all State correctional
26		institutions and facilities under its control and to

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1		establish new ones as needed. Pursuant to its power to
2		establish new institutions and facilities, the Department
3		may, with the written approval of the Governor, authorize
4		the Department of Central Management Services to enter
5		into an agreement of the type described in subsection (d)
6		of Section 405-300 of the Department of Central Management
7		Services Law. The Department shall designate those
8		institutions which shall constitute the State Penitentiary
9		System. The Department of Juvenile Justice shall maintain
10		and administer all State youth centers pursuant to
11		subsection (d) of Section 3-2.5-20.
12		Pursuant to its power to establish new institutions
13		and facilities, the Department may authorize the
14		Department of Central Management Services to accept bids
15		from counties and municipalities for the construction,
16		remodeling, or conversion of a structure to be leased to
17		the Department of Corrections for the purposes of its
18		serving as a correctional institution or facility. Such
19		construction, remodeling, or conversion may be financed
20		with revenue bonds issued pursuant to the Industrial
21		Building Revenue Bond Act by the municipality or county.
22		The lease specified in a bid shall be for a term of not
23		less than the time needed to retire any revenue bonds used
24		to finance the project, but not to exceed 40 years. The
25		lease may grant to the State the option to purchase the
26		structure outright.

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1		Upon receipt of the bids, the Department may certify
2		one or more of the bids and shall submit any such bids to
3		the General Assembly for approval. Upon approval of a bid
4		by a constitutional majority of both houses of the General
5		Assembly, pursuant to joint resolution, the Department of
6		Central Management Services may enter into an agreement
7		with the county or municipality pursuant to such bid.
8		(c-5) To build and maintain regional juvenile
9		detention centers and to charge a per diem to the counties
10		as established by the Department to defray the costs of
11		housing each minor in a center. In this subsection (c-5),
12		"juvenile detention center" means a facility to house
13		minors during pendency of trial who have been transferred
14		from proceedings under the Juvenile Court Act of 1987 to
15		prosecutions under the criminal laws of this State in
16		accordance with Section 5-805 of the Juvenile Court Act of
17		1987, whether the transfer was by operation of law or
18		permissive under that Section. The Department shall
19		designate the counties to be served by each regional
20		juvenile detention center.
21		(d) To develop and maintain programs of control,
22		rehabilitation, and employment of committed persons within
23		its institutions.
24		(d-5) To provide a pre-release job preparation program
25		for inmates at Illinois adult correctional centers.
26		(d-10) To provide educational and visitation

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1		opportunities to committed persons within its institutions
2		through temporary access to content-controlled tablets
3		that may be provided as a privilege to committed persons
4		to induce or reward compliance.
5		(e) To establish a system of supervision and guidance
6		of committed persons in the community.
7		(f) To establish in cooperation with the Department of
8		Transportation to supply a sufficient number of prisoners
9		for use by the Department of Transportation to clean up
10		the trash and garbage along State, county, township, or
11		municipal highways as designated by the Department of
12		Transportation. The Department of Corrections, at the
13		request of the Department of Transportation, shall furnish
14		such prisoners at least annually for a period to be agreed
15		upon between the Director of Corrections and the Secretary
16		of Transportation. The prisoners used on this program
17		shall be selected by the Director of Corrections on
18		whatever basis he deems proper in consideration of their
19		term, behavior and earned eligibility to participate in
20		such program - where they will be outside of the prison
21		facility but still in the custody of the Department of
22		Corrections. Prisoners convicted of first degree murder,
23		or a Class X felony, or armed violence, or aggravated
24		kidnapping, or criminal sexual assault, aggravated
25		criminal sexual abuse or a subsequent conviction for
26		criminal sexual abuse, or forcible detention, or arson, or

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1		a prisoner adjudged a Habitual Criminal shall not be
2		eligible for selection to participate in such program. The
3		prisoners shall remain as prisoners in the custody of the
4		Department of Corrections and such Department shall
5		furnish whatever security is necessary. The Department of
6		Transportation shall furnish trucks and equipment for the
7		highway cleanup program and personnel to supervise and
8		direct the program. Neither the Department of Corrections
9		nor the Department of Transportation shall replace any
10		regular employee with a prisoner.
11		(g) To maintain records of persons committed to it and
12		to establish programs of research, statistics, and
13		planning.
14		(h) To investigate the grievances of any person
15		committed to the Department and to inquire into any
16		alleged misconduct by employees or committed persons; and
17		for these purposes it may issue subpoenas and compel the
18		attendance of witnesses and the production of writings and
19		papers, and may examine under oath any witnesses who may
20		appear before it; to also investigate alleged violations
21		of a parolee's or releasee's conditions of parole or
22		release; and for this purpose it may issue subpoenas and
23		compel the attendance of witnesses and the production of
24		documents only if there is reason to believe that such
25		procedures would provide evidence that such violations
26		have occurred.

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1		If any person fails to obey a subpoena issued under
2		this subsection, the Director may apply to any circuit
3		court to secure compliance with the subpoena. The failure
4		to comply with the order of the court issued in response
5		thereto shall be punishable as contempt of court.
6		(i) To appoint and remove the chief administrative
7		officers, and administer programs of training and
8		development of personnel of the Department. Personnel
9		assigned by the Department to be responsible for the
10		custody and control of committed persons or to investigate
11		the alleged misconduct of committed persons or employees
12		or alleged violations of a parolee's or releasee's
13		conditions of parole shall be conservators of the peace
14		for those purposes, and shall have the full power of peace
15		officers outside of the facilities of the Department in
16		the protection, arrest, retaking, and reconfining of
17		committed persons or where the exercise of such power is
18		necessary to the investigation of such misconduct or
19		violations. This subsection shall not apply to persons
20		committed to the Department of Juvenile Justice under the
21		Juvenile Court Act of 1987 on aftercare release.
22		(j) To cooperate with other departments and agencies
23		and with local communities for the development of
24		standards and programs for better correctional services in
25		this State.
26		(k) To administer all moneys and properties of the

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1		Department.
2		(l) To report annually to the Governor on the
3		committed persons, institutions, and programs of the
4		Department.
5		(l-5) (Blank).
6		(m) To make all rules and regulations and exercise all
7		powers and duties vested by law in the Department.
8		(n) To establish rules and regulations for
9		administering a system of sentence credits, established in
10		accordance with Section 3-6-3, subject to review by the
11		Prisoner Review Board.
12		(o) To administer the distribution of funds from the
13		State Treasury to reimburse counties where State penal
14		institutions are located for the payment of assistant
15		state's attorneys' salaries under Section 4-2001 of the
16		Counties Code.
17		(p) To exchange information with the Department of
18		Human Services and the Department of Healthcare and Family
19		Services for the purpose of verifying living arrangements
20		and for other purposes directly connected with the
21		administration of this Code and the Illinois Public Aid
22		Code.
23		(q) To establish a diversion program.
24		The program shall provide a structured environment for
25		selected technical parole or mandatory supervised release
26		violators and committed persons who have violated the

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1		rules governing their conduct while in work release. This
2		program shall not apply to those persons who have
3		committed a new offense while serving on parole or
4		mandatory supervised release or while committed to work
5		release.
6		Elements of the program shall include, but shall not
7		be limited to, the following:
8		(1) The staff of a diversion facility shall
9		provide supervision in accordance with required
10		objectives set by the facility.
11		(2) Participants shall be required to maintain
12		employment.
13		(3) Each participant shall pay for room and board
14		at the facility on a sliding-scale basis according to
15		the participant's income.
16		(4) Each participant shall:
17		(A) provide restitution to victims in
18		accordance with any court order;
19		(B) provide financial support to his
20		dependents; and
21		(C) make appropriate payments toward any other
22		court-ordered obligations.
23		(5) Each participant shall complete community
24		service in addition to employment.
25		(6) Participants shall take part in such
26		counseling, educational, and other programs as the

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1		Department may deem appropriate.
2		(7) Participants shall submit to drug and alcohol
3		screening.
4		(8) The Department shall promulgate rules
5		governing the administration of the program.
6		(r) To enter into intergovernmental cooperation
7		agreements under which persons in the custody of the
8		Department may participate in a county impact
9		incarceration program established under Section 3-6038 or
10		3-15003.5 of the Counties Code.
11		(r-5) (Blank).
12		(r-10) To systematically and routinely identify with
13		respect to each streetgang active within the correctional
14		system: (1) each active gang; (2) every existing
15		inter-gang affiliation or alliance; and (3) the current
16		leaders in each gang. The Department shall promptly
17		segregate leaders from inmates who belong to their gangs
18		and allied gangs. "Segregate" means no physical contact
19		and, to the extent possible under the conditions and space
20		available at the correctional facility, prohibition of
21		visual and sound communication. For the purposes of this
22		paragraph (r-10), "leaders" means persons who:
23		(i) are members of a criminal streetgang;
24		(ii) with respect to other individuals within the
25		streetgang, occupy a position of organizer,
26		supervisor, or other position of management or

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1		leadership; and
2		(iii) are actively and personally engaged in
3		directing, ordering, authorizing, or requesting
4		commission of criminal acts by others, which are
5		punishable as a felony, in furtherance of streetgang
6		related activity both within and outside of the
7		Department of Corrections.
8		"Streetgang", "gang", and "streetgang related" have the
9		meanings ascribed to them in Section 10 of the Illinois
10		Streetgang Terrorism Omnibus Prevention Act.
11		(s) To operate a super-maximum security institution,
12		in order to manage and supervise inmates who are
13		disruptive or dangerous and provide for the safety and
14		security of the staff and the other inmates.
15		(t) To monitor any unprivileged conversation or any
16		unprivileged communication, whether in person or by mail,
17		telephone, or other means, between an inmate who, before
18		commitment to the Department, was a member of an organized
19		gang and any other person without the need to show cause or
20		satisfy any other requirement of law before beginning the
21		monitoring, except as constitutionally required. The
22		monitoring may be by video, voice, or other method of
23		recording or by any other means. As used in this
24		subdivision (1)(t), "organized gang" has the meaning
25		ascribed to it in Section 10 of the Illinois Streetgang
26		Terrorism Omnibus Prevention Act.

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1		As used in this subdivision (1)(t), "unprivileged
2		conversation" or "unprivileged communication" means a
3		conversation or communication that is not protected by any
4		privilege recognized by law or by decision, rule, or order
5		of the Illinois Supreme Court.
6		(u) To establish a Women's and Children's Pre-release
7		Community Supervision Program for the purpose of providing
8		housing and services to eligible female inmates, as
9		determined by the Department, and their newborn and young
10		children.
11		(u-5) To issue an order, whenever a person committed
12		to the Department absconds or absents himself or herself,
13		without authority to do so, from any facility or program
14		to which he or she is assigned. The order shall be
15		certified by the Director, the Supervisor of the
16		Apprehension Unit, or any person duly designated by the
17		Director, with the seal of the Department affixed. The
18		order shall be directed to all sheriffs, coroners, and
19		police officers, or to any particular person named in the
20		order. Any order issued pursuant to this subdivision
21		(1)(u-5) shall be sufficient warrant for the officer or
22		person named in the order to arrest and deliver the
23		committed person to the proper correctional officials and
24		shall be executed the same as criminal process.
25		(u-6) To appoint a point of contact person who shall
26		receive suggestions, complaints, or other requests to the

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1		Department from visitors to Department institutions or
2		facilities and from other members of the public.
3		(v) To do all other acts necessary to carry out the
4		provisions of this Chapter.
5		(2) The Department of Corrections shall by January 1,
6		1998, consider building and operating a correctional facility
7		within 100 miles of a county of over 2,000,000 inhabitants,
8		especially a facility designed to house juvenile participants
9		in the impact incarceration program.
10		(3) When the Department lets bids for contracts for
11		medical services to be provided to persons committed to
12		Department facilities by a health maintenance organization,
13		medical service corporation, or other health care provider,
14		the bid may only be let to a health care provider that has
15		obtained an irrevocable letter of credit or performance bond
16		issued by a company whose bonds have an investment grade or
17		higher rating by a bond rating organization.
18		(4) When the Department lets bids for contracts for food
19		or commissary services to be provided to Department
20		facilities, the bid may only be let to a food or commissary
21		services provider that has obtained an irrevocable letter of
22		credit or performance bond issued by a company whose bonds
23		have an investment grade or higher rating by a bond rating
24		organization.
25		(5) On and after the date 6 months after August 16, 2013
26		(the effective date of Public Act 98-488), as provided in the

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1		Executive Order 1 (2012) Implementation Act, all of the
2		powers, duties, rights, and responsibilities related to State
3		healthcare purchasing under this Code that were transferred
4		from the Department of Corrections to the Department of
5		Healthcare and Family Services by Executive Order 3 (2005) are
6		transferred back to the Department of Corrections; however,
7		powers, duties, rights, and responsibilities related to State
8		healthcare purchasing under this Code that were exercised by
9		the Department of Corrections before the effective date of
10		Executive Order 3 (2005) but that pertain to individuals
11		resident in facilities operated by the Department of Juvenile
12		Justice are transferred to the Department of Juvenile Justice.
13		(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
14		102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised
15		10-15-21.)
16		(730 ILCS 5/Ch. III Art. 3 heading)
17		ARTICLE 3. PRISONER REVIEW PAROLE AND PARDON BOARD
18		(730 ILCS 5/3-3-14)
19		Sec. 3-3-14. Procedure for medical release.
20		(a) Definitions. :
21		(1) As used in this Section, "medically incapacitated"
22		means that an inmate has any diagnosable medical
23		condition, including dementia and severe, permanent
24		medical or cognitive disability, that prevents the inmate

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1		from completing more than one activity of daily living
2		without assistance or that incapacitates the inmate to the
3		extent that institutional confinement does not offer
4		additional restrictions, and that the condition is
5		unlikely to improve noticeably in the future.
6		(2) As used in this Section, "terminal illness" means
7		a condition that satisfies all of the following criteria:
8		(i) the condition is irreversible and incurable;
9		and
10		(ii) in accordance with medical standards and a
11		reasonable degree of medical certainty, based on an
12		individual assessment of the inmate, the condition is
13		likely to cause death to the inmate within 18 months.
14		(b) The Prisoner Review Board shall consider an
15		application for compassionate release on behalf of any inmate
16		who meets any of the following:
17		(1) is suffering from a terminal illness; or
18		(2) has been diagnosed with a condition that will
19		result in medical incapacity within the next 6 months; or
20		(3) has become medically incapacitated subsequent to
21		sentencing due to illness or injury.
22		(c) Initial application. Application:
23		(1) An initial application for medical release may be
24		filed with the Prisoner Review Board by an inmate, a
25		prison official, a medical professional who has treated or
26		diagnosed the inmate, or an inmate's spouse, parent,

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1		guardian, grandparent, aunt or uncle, sibling, child over
2		the age of eighteen years, or attorney. If the initial
3		application is made by someone other than the inmate, the
4		inmate, or if the inmate is they are medically unable to
5		consent, the guardian or family member designated to
6		represent the inmate's their interests must consent to the
7		application at the time of the institutional hearing.
8		(2) Application materials shall be maintained on the
9		Prisoner Review Board's website and , the Department of
10		Corrections' website, and maintained in a clearly visible
11		place within the law library and the infirmary of every
12		penal institution and facility operated by the Department
13		of Corrections.
14		(3) The initial application need not be notarized, can
15		be sent via email or facsimile, and must contain the
16		following information:
17		(i) the inmate's name and Illinois Department of
18		Corrections number;
19		(ii) the inmate's diagnosis;
20		(iii) a statement that the inmate meets one of the
21		following diagnostic criteria:
22		(A) (a) the inmate is suffering from a
23		terminal illness;
24		(B) (b) the inmate has been diagnosed with a
25		condition that will result in medical incapacity
26		within the next 6 months; or

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1		(C) (c) the inmate has become medically
2		incapacitated subsequent to sentencing due to
3		illness or injury.
4		(4) Upon receiving the inmate's initial application,
5		the Board shall order the Department of Corrections to
6		have a physician or nurse practitioner evaluate the inmate
7		and create a written evaluation within ten days of the
8		Board's order. The evaluation shall include but need not
9		be limited to:
10		(i) a concise statement of the inmate's medical
11		diagnosis, including prognosis, likelihood of
12		recovery, and primary symptoms, to include
13		incapacitation; and
14		(ii) a statement confirming or denying that the
15		inmate meets one of the criteria stated in subsection
16		(b) of this Section.
17		(d) Institutional hearing. No public institutional hearing
18		is required for consideration of a petition, but shall be
19		granted at the request of the petitioner. The inmate may be
20		represented by counsel and may present witnesses to the Board
21		members. Hearings shall be governed by the Open Parole
22		Hearings Act.
23		(e) Voting procedure. Petitions shall be considered by
24		three-member panels, and decisions shall be made by simple
25		majority.
26		(f) Consideration. In considering a petition for release

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1		under the statute, the Prisoner Review Board may consider the
2		following factors:
3		(i) the inmate's diagnosis and likelihood of
4		recovery;
5		(ii) the approximate cost of health care to the
6		State should the inmate remain in custody;
7		(iii) the impact that the inmate's continued
8		incarceration may have on the provision of medical
9		care within the Department;
10		(iv) the present likelihood of and ability to pose
11		a substantial danger to the physical safety of a
12		specifically identifiable person or persons;
13		(v) any statements by the victim regarding
14		release; and
15		(vi) whether the inmate's condition was explicitly
16		disclosed to the original sentencing judge and taken
17		into account at the time of sentencing.
18		(g) Inmates granted medical release shall be released on
19		mandatory supervised release for a period of 5 years subject
20		to Section 3-3-8, which shall operate to discharge any
21		remaining term of years imposed upon him or her. However, in no
22		event shall the eligible person serve a period of mandatory
23		supervised release greater than the aggregate of the
24		discharged underlying sentence and the mandatory supervised
25		release period as set forth in Section 5-4.5-20.
26		(h) Within 90 days of the receipt of the initial

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1		application, the Prisoner Review Board shall conduct a hearing
2		if a hearing is requested and render a decision granting or
3		denying the petitioner's request for release.
4		(i) Nothing in this statute shall preclude a petitioner
5		from seeking alternative forms of release, including clemency,
6		relief from the sentencing court, post-conviction relief, or
7		any other legal remedy.
8		(j) This act applies retroactively, and shall be
9		applicable to all currently incarcerated people in Illinois.
10		(k) Data report. The Department of Corrections and the
11		Prisoner Review Board shall release a report annually
12		published on their websites that reports the following
13		information about the Medical Release Program:
14		(1) The number of applications for medical release
15		received by the Board in the preceding year, and
16		information about those applications, including:
17		(i) demographic data about the individual,
18		including race or ethnicity, gender, age, and
19		institution;
20		(ii) the highest class of offense for which the
21		individual is incarcerated;
22		(iii) the relationship of the applicant to the
23		person completing the application;
24		(iv) whether the applicant had applied for medical
25		release before and been denied, and, if so, when;
26		(v) whether the person applied as a person who is

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1		medically incapacitated or a person who is terminally
2		ill; and
3		(vi) a basic description of the underlying medical
4		condition that led to the application.
5		(2) The number of medical statements from the
6		Department of Corrections received by the Board. ;
7		(3) The number of institutional hearings on medical
8		release applications conducted by the Board. ;
9		(4) The number of people approved for medical release,
10		and information about them, including:
11		(i) demographic data about the individual
12		including race or ethnicity, gender, age, and zip code
13		to which they were released;
14		(ii) whether the person applied as a person who is
15		medically incapacitated or a person who is terminally
16		ill;
17		(iii) a basic description of the underlying
18		medical condition that led to the application; and
19		(iv) a basic description of the medical setting
20		the person was released to.
21		(5) The number of people released on the medical
22		release program. ;
23		(6) The number of people approved for medical release
24		who experienced more than a one-month one month delay
25		between release decision and ultimate release, including: ;
26		(i) demographic data about the individuals

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1		including race or ethnicity, gender and age;
2		(ii) the reason for the delay;
3		(iii) whether the person remains incarcerated; and
4		(iv) a basic description of the underlying medical
5		condition of the applying person.
6		(7) For those individuals released on mandatory
7		supervised release due to a granted application for
8		medical release: ;
9		(i) the number of individuals who were serving
10		terms of mandatory supervised release because of
11		medical release applications during the previous year;
12		(ii) the number of individuals who had their
13		mandatory supervised release revoked; and
14		(iii) the number of individuals who died during
15		the previous year.
16		(8) Information on seriously ill individuals
17		incarcerated at the Department of Corrections, including:
18		(i) the number of people currently receiving
19		full-time one-on-one medical care or assistance with
20		activities of daily living within Department of
21		Corrections facilities and whether that care is
22		provided by a medical practitioner or an inmate, along
23		with the institutions at which they are incarcerated;
24		and
25		(ii) the number of people who spent more than one
26		month in outside hospital care during the previous

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1		year and their home institutions.
2		All the information provided in this report shall be
3		provided in aggregate, and nothing shall be construed to
4		require the public dissemination of any personal medical
5		information.
6		(Source: P.A. 102-494, eff. 1-1-22; revised 11-24-21.)
7		(730 ILCS 5/3-6-7.2)
8		Sec. 3-6-7.2. Educational programming programing for
9		pregnant committed persons. The Department shall develop and
10		provide to each pregnant committed person educational
11		programming relating to pregnancy and parenting. The
12		programming must include instruction regarding:
13		(1) appropriate prenatal care and hygiene;
14		(2) the effects of prenatal exposure to alcohol and
15		drugs on a developing fetus;
16		(3) parenting skills; and
17		(4) medical and mental health issues applicable to
18		children.
19		(Source: P.A. 101-652, eff. 7-1-21; revised 11-24-21.)
20		(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
21		Sec. 3-14-1. Release from the institution.
22		(a) Upon release of a person on parole, mandatory release,
23		final discharge, or pardon, the Department shall return all
24		property held for him, provide him with suitable clothing and

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1		procure necessary transportation for him to his designated
2		place of residence and employment. It may provide such person
3		with a grant of money for travel and expenses which may be paid
4		in installments. The amount of the money grant shall be
5		determined by the Department.
6		(a-1) The Department shall, before a wrongfully imprisoned
7		person, as defined in Section 3-1-2 of this Code, is
8		discharged from the Department, provide him or her with any
9		documents necessary after discharge.
10		(a-2) The Department of Corrections may establish and
11		maintain, in any institution it administers, revolving funds
12		to be known as "Travel and Allowances Revolving Funds". These
13		revolving funds shall be used for advancing travel and expense
14		allowances to committed, paroled, and discharged prisoners.
15		The moneys paid into such revolving funds shall be from
16		appropriations to the Department for Committed, Paroled, and
17		Discharged Prisoners.
18		(a-3) Upon release of a person who is eligible to vote on
19		parole, mandatory release, final discharge, or pardon, the
20		Department shall provide the person with a form that informs
21		him or her that his or her voting rights have been restored and
22		a voter registration application. The Department shall have
23		available voter registration applications in the languages
24		provided by the Illinois State Board of Elections. The form
25		that informs the person that his or her rights have been
26		restored shall include the following information:

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1		(1) All voting rights are restored upon release from
2		the Department's custody.
3		(2) A person who is eligible to vote must register in
4		order to be able to vote.
5		The Department of Corrections shall confirm that the
6		person received the voter registration application and has
7		been informed that his or her voting rights have been
8		restored.
9		(a-4) Prior to release of a person on parole, mandatory
10		supervised release, final discharge, or pardon, the Department
11		shall screen every person for Medicaid eligibility. Officials
12		of the correctional institution or facility where the
13		committed person is assigned shall assist an eligible person
14		to complete a Medicaid application to ensure that the person
15		begins receiving benefits as soon as possible after his or her
16		release. The application must include the eligible person's
17		address associated with his or her residence upon release from
18		the facility. If the residence is temporary, the eligible
19		person must notify the Department of Human Services of his or
20		her change in address upon transition to permanent housing.
21		(b) (Blank).
22		(c) Except as otherwise provided in this Code, the
23		Department shall establish procedures to provide written
24		notification of any release of any person who has been
25		convicted of a felony to the State's Attorney and sheriff of
26		the county from which the offender was committed, and the

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1		State's Attorney and sheriff of the county into which the
2		offender is to be paroled or released. Except as otherwise
3		provided in this Code, the Department shall establish
4		procedures to provide written notification to the proper law
5		enforcement agency for any municipality of any release of any
6		person who has been convicted of a felony if the arrest of the
7		offender or the commission of the offense took place in the
8		municipality, if the offender is to be paroled or released
9		into the municipality, or if the offender resided in the
10		municipality at the time of the commission of the offense. If a
11		person convicted of a felony who is in the custody of the
12		Department of Corrections or on parole or mandatory supervised
13		release informs the Department that he or she has resided,
14		resides, or will reside at an address that is a housing
15		facility owned, managed, operated, or leased by a public
16		housing agency, the Department must send written notification
17		of that information to the public housing agency that owns,
18		manages, operates, or leases the housing facility. The written
19		notification shall, when possible, be given at least 14 days
20		before release of the person from custody, or as soon
21		thereafter as possible. The written notification shall be
22		provided electronically if the State's Attorney, sheriff,
23		proper law enforcement agency, or public housing agency has
24		provided the Department with an accurate and up to date email
25		address.
26		(c-1) (Blank).

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1		(c-2) The Department shall establish procedures to provide
2		notice to the Illinois State Police of the release or
3		discharge of persons convicted of violations of the
4		Methamphetamine Control and Community Protection Act or a
5		violation of the Methamphetamine Precursor Control Act. The
6		Illinois State Police shall make this information available to
7		local, State, or federal law enforcement agencies upon
8		request.
9		(c-5) If a person on parole or mandatory supervised
10		release becomes a resident of a facility licensed or regulated
11		by the Department of Public Health, the Illinois Department of
12		Public Aid, or the Illinois Department of Human Services, the
13		Department of Corrections shall provide copies of the
14		following information to the appropriate licensing or
15		regulating Department and the licensed or regulated facility
16		where the person becomes a resident:
17		(1) The mittimus and any pre-sentence investigation
18		reports.
19		(2) The social evaluation prepared pursuant to Section
20		3-8-2.
21		(3) Any pre-release evaluation conducted pursuant to
22		subsection (j) of Section 3-6-2.
23		(4) Reports of disciplinary infractions and
24		dispositions.
25		(5) Any parole plan, including orders issued by the
26		Prisoner Review Board, and any violation reports and

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1		dispositions.
2		(6) The name and contact information for the assigned
3		parole agent and parole supervisor.
4		This information shall be provided within 3 days of the
5		person becoming a resident of the facility.
6		(c-10) If a person on parole or mandatory supervised
7		release becomes a resident of a facility licensed or regulated
8		by the Department of Public Health, the Illinois Department of
9		Public Aid, or the Illinois Department of Human Services, the
10		Department of Corrections shall provide written notification
11		of such residence to the following:
12		(1) The Prisoner Review Board.
13		(2) The chief of police and sheriff in the
14		municipality and county in which the licensed facility is
15		located.
16		The notification shall be provided within 3 days of the
17		person becoming a resident of the facility.
18		(d) Upon the release of a committed person on parole,
19		mandatory supervised release, final discharge, or pardon, the
20		Department shall provide such person with information
21		concerning programs and services of the Illinois Department of
22		Public Health to ascertain whether such person has been
23		exposed to the human immunodeficiency virus (HIV) or any
24		identified causative agent of Acquired Immunodeficiency
25		Syndrome (AIDS).
26		(e) Upon the release of a committed person on parole,

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1		mandatory supervised release, final discharge, pardon, or who
2		has been wrongfully imprisoned, the Department shall verify
3		the released person's full name, date of birth, and social
4		security number. If verification is made by the Department by
5		obtaining a certified copy of the released person's birth
6		certificate and the released person's social security card or
7		other documents authorized by the Secretary, the Department
8		shall provide the birth certificate and social security card
9		or other documents authorized by the Secretary to the released
10		person. If verification by the Department is done by means
11		other than obtaining a certified copy of the released person's
12		birth certificate and the released person's social security
13		card or other documents authorized by the Secretary, the
14		Department shall complete a verification form, prescribed by
15		the Secretary of State, and shall provide that verification
16		form to the released person.
17		(f) Forty-five days prior to the scheduled discharge of a
18		person committed to the custody of the Department of
19		Corrections, the Department shall give the person:
20		(1) who is otherwise uninsured an opportunity to apply
21		for health care coverage including medical assistance
22		under Article V of the Illinois Public Aid Code in
23		accordance with subsection (b) of Section 1-8.5 of the
24		Illinois Public Aid Code, and the Department of
25		Corrections shall provide assistance with completion of
26		the application for health care coverage including medical

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1		assistance;
2		(2) information about obtaining a standard Illinois
3		Identification Card or a limited-term Illinois
4		Identification Card under Section 4 of the Illinois
5		Identification Card Act;
6		(3) information about voter registration and may
7		distribute information prepared by the State Board of
8		Elections. The Department of Corrections may enter into an
9		interagency contract with the State Board of Elections to
10		participate in the automatic voter registration program
11		and be a designated automatic voter registration agency
12		under Section 1A-16.2 of the Election Code;
13		(4) information about job listings upon discharge from
14		the correctional institution or facility;
15		(5) information about available housing upon discharge
16		from the correctional institution or facility;
17		(6) a directory of elected State officials and of
18		officials elected in the county and municipality, if any,
19		in which the committed person intends to reside upon
20		discharge from the correctional institution or facility;
21		and
22		(7) any other information that the Department of
23		Corrections deems necessary to provide the committed
24		person in order for the committed person to reenter the
25		community and avoid recidivism.
26		The Department may adopt rules to implement this Section.

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1		(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
2		102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff.
3		1-1-22; revised 10-15-21.)
4		(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
5		Sec. 5-4-1. Sentencing hearing.
6		(a) Except when the death penalty is sought under hearing
7		procedures otherwise specified, after a determination of
8		guilt, a hearing shall be held to impose the sentence.
9		However, prior to the imposition of sentence on an individual
10		being sentenced for an offense based upon a charge for a
11		violation of Section 11-501 of the Illinois Vehicle Code or a
12		similar provision of a local ordinance, the individual must
13		undergo a professional evaluation to determine if an alcohol
14		or other drug abuse problem exists and the extent of such a
15		problem. Programs conducting these evaluations shall be
16		licensed by the Department of Human Services. However, if the
17		individual is not a resident of Illinois, the court may, in its
18		discretion, accept an evaluation from a program in the state
19		of such individual's residence. The court shall make a
20		specific finding about whether the defendant is eligible for
21		participation in a Department impact incarceration program as
22		provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
23		explanation as to why a sentence to impact incarceration is
24		not an appropriate sentence. The court may in its sentencing
25		order recommend a defendant for placement in a Department of

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1		Corrections substance abuse treatment program as provided in
2		paragraph (a) of subsection (1) of Section 3-2-2 conditioned
3		upon the defendant being accepted in a program by the
4		Department of Corrections. At the hearing the court shall:
5		(1) consider the evidence, if any, received upon the
6		trial;
7		(2) consider any presentence reports;
8		(3) consider the financial impact of incarceration
9		based on the financial impact statement filed with the
10		clerk of the court by the Department of Corrections;
11		(4) consider evidence and information offered by the
12		parties in aggravation and mitigation;
13		(4.5) consider substance abuse treatment, eligibility
14		screening, and an assessment, if any, of the defendant by
15		an agent designated by the State of Illinois to provide
16		assessment services for the Illinois courts;
17		(5) hear arguments as to sentencing alternatives;
18		(6) afford the defendant the opportunity to make a
19		statement in his own behalf;
20		(7) afford the victim of a violent crime or a
21		violation of Section 11-501 of the Illinois Vehicle Code,
22		or a similar provision of a local ordinance, the
23		opportunity to present an oral or written statement, as
24		guaranteed by Article I, Section 8.1 of the Illinois
25		Constitution and provided in Section 6 of the Rights of
26		Crime Victims and Witnesses Act. The court shall allow a

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1		victim to make an oral statement if the victim is present
2		in the courtroom and requests to make an oral or written
3		statement. An oral or written statement includes the
4		victim or a representative of the victim reading the
5		written statement. The court may allow persons impacted by
6		the crime who are not victims under subsection (a) of
7		Section 3 of the Rights of Crime Victims and Witnesses Act
8		to present an oral or written statement. A victim and any
9		person making an oral statement shall not be put under
10		oath or subject to cross-examination. All statements
11		offered under this paragraph (7) shall become part of the
12		record of the court. In this paragraph (7), "victim of a
13		violent crime" means a person who is a victim of a violent
14		crime for which the defendant has been convicted after a
15		bench or jury trial or a person who is the victim of a
16		violent crime with which the defendant was charged and the
17		defendant has been convicted under a plea agreement of a
18		crime that is not a violent crime as defined in subsection
19		(c) of 3 of the Rights of Crime Victims and Witnesses Act;
20		(7.5) afford a qualified person affected by: (i) a
21		violation of Section 405, 405.1, 405.2, or 407 of the
22		Illinois Controlled Substances Act or a violation of
23		Section 55 or Section 65 of the Methamphetamine Control
24		and Community Protection Act; or (ii) a Class 4 felony
25		violation of Section 11-14, 11-14.3 except as described in
26		subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

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1		11-18.1, or 11-19 of the Criminal Code of 1961 or the
2		Criminal Code of 2012, committed by the defendant the
3		opportunity to make a statement concerning the impact on
4		the qualified person and to offer evidence in aggravation
5		or mitigation; provided that the statement and evidence
6		offered in aggravation or mitigation shall first be
7		prepared in writing in conjunction with the State's
8		Attorney before it may be presented orally at the hearing.
9		Sworn testimony offered by the qualified person is subject
10		to the defendant's right to cross-examine. All statements
11		and evidence offered under this paragraph (7.5) shall
12		become part of the record of the court. In this paragraph
13		(7.5), "qualified person" means any person who: (i) lived
14		or worked within the territorial jurisdiction where the
15		offense took place when the offense took place; or (ii) is
16		familiar with various public places within the territorial
17		jurisdiction where the offense took place when the offense
18		took place. "Qualified person" includes any peace officer
19		or any member of any duly organized State, county, or
20		municipal peace officer unit assigned to the territorial
21		jurisdiction where the offense took place when the offense
22		took place;
23		(8) in cases of reckless homicide afford the victim's
24		spouse, guardians, parents or other immediate family
25		members an opportunity to make oral statements;
26		(9) in cases involving a felony sex offense as defined

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1		under the Sex Offender Management Board Act, consider the
2		results of the sex offender evaluation conducted pursuant
3		to Section 5-3-2 of this Act; and
4		(10) make a finding of whether a motor vehicle was
5		used in the commission of the offense for which the
6		defendant is being sentenced.
7		(b) All sentences shall be imposed by the judge based upon
8		his independent assessment of the elements specified above and
9		any agreement as to sentence reached by the parties. The judge
10		who presided at the trial or the judge who accepted the plea of
11		guilty shall impose the sentence unless he is no longer
12		sitting as a judge in that court. Where the judge does not
13		impose sentence at the same time on all defendants who are
14		convicted as a result of being involved in the same offense,
15		the defendant or the State's Attorney may advise the
16		sentencing court of the disposition of any other defendants
17		who have been sentenced.
18		(b-1) In imposing a sentence of imprisonment or periodic
19		imprisonment for a Class 3 or Class 4 felony for which a
20		sentence of probation or conditional discharge is an available
21		sentence, if the defendant has no prior sentence of probation
22		or conditional discharge and no prior conviction for a violent
23		crime, the defendant shall not be sentenced to imprisonment
24		before review and consideration of a presentence report and
25		determination and explanation of why the particular evidence,
26		information, factor in aggravation, factual finding, or other

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1		reasons support a sentencing determination that one or more of
2		the factors under subsection (a) of Section 5-6-1 of this Code
3		apply and that probation or conditional discharge is not an
4		appropriate sentence.
5		(c) In imposing a sentence for a violent crime or for an
6		offense of operating or being in physical control of a vehicle
7		while under the influence of alcohol, any other drug or any
8		combination thereof, or a similar provision of a local
9		ordinance, when such offense resulted in the personal injury
10		to someone other than the defendant, the trial judge shall
11		specify on the record the particular evidence, information,
12		factors in mitigation and aggravation or other reasons that
13		led to his sentencing determination. The full verbatim record
14		of the sentencing hearing shall be filed with the clerk of the
15		court and shall be a public record.
16		(c-1) In imposing a sentence for the offense of aggravated
17		kidnapping for ransom, home invasion, armed robbery,
18		aggravated vehicular hijacking, aggravated discharge of a
19		firearm, or armed violence with a category I weapon or
20		category II weapon, the trial judge shall make a finding as to
21		whether the conduct leading to conviction for the offense
22		resulted in great bodily harm to a victim, and shall enter that
23		finding and the basis for that finding in the record.
24		(c-1.5) Notwithstanding any other provision of law to the
25		contrary, in imposing a sentence for an offense that requires
26		a mandatory minimum sentence of imprisonment, the court may

HB5501 Engrossed - 2527 - LRB102 24698 AMC 33937 b
1		instead sentence the offender to probation, conditional
2		discharge, or a lesser term of imprisonment it deems
3		appropriate if: (1) the offense involves the use or possession
4		of drugs, retail theft, or driving on a revoked license due to
5		unpaid financial obligations; (2) the court finds that the
6		defendant does not pose a risk to public safety; and (3) the
7		interest of justice requires imposing a term of probation,
8		conditional discharge, or a lesser term of imprisonment. The
9		court must state on the record its reasons for imposing
10		probation, conditional discharge, or a lesser term of
11		imprisonment.
12		(c-2) If the defendant is sentenced to prison, other than
13		when a sentence of natural life imprisonment or a sentence of
14		death is imposed, at the time the sentence is imposed the judge
15		shall state on the record in open court the approximate period
16		of time the defendant will serve in custody according to the
17		then current statutory rules and regulations for sentence
18		credit found in Section 3-6-3 and other related provisions of
19		this Code. This statement is intended solely to inform the
20		public, has no legal effect on the defendant's actual release,
21		and may not be relied on by the defendant on appeal.
22		The judge's statement, to be given after pronouncing the
23		sentence, other than when the sentence is imposed for one of
24		the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
25		shall include the following:
26		"The purpose of this statement is to inform the public of

HB5501 Engrossed - 2528 - LRB102 24698 AMC 33937 b
1		the actual period of time this defendant is likely to spend in
2		prison as a result of this sentence. The actual period of
3		prison time served is determined by the statutes of Illinois
4		as applied to this sentence by the Illinois Department of
5		Corrections and the Illinois Prisoner Review Board. In this
6		case, assuming the defendant receives all of his or her
7		sentence credit, the period of estimated actual custody is ...
8		years and ... months, less up to 180 days additional earned
9		sentence credit. If the defendant, because of his or her own
10		misconduct or failure to comply with the institutional
11		regulations, does not receive those credits, the actual time
12		served in prison will be longer. The defendant may also
13		receive an additional one-half day sentence credit for each
14		day of participation in vocational, industry, substance abuse,
15		and educational programs as provided for by Illinois statute."
16		When the sentence is imposed for one of the offenses
17		enumerated in paragraph (a)(2) of Section 3-6-3, other than
18		first degree murder, and the offense was committed on or after
19		June 19, 1998, and when the sentence is imposed for reckless
20		homicide as defined in subsection (e) of Section 9-3 of the
21		Criminal Code of 1961 or the Criminal Code of 2012 if the
22		offense was committed on or after January 1, 1999, and when the
23		sentence is imposed for aggravated driving under the influence
24		of alcohol, other drug or drugs, or intoxicating compound or
25		compounds, or any combination thereof as defined in
26		subparagraph (F) of paragraph (1) of subsection (d) of Section

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1		11-501 of the Illinois Vehicle Code, and when the sentence is
2		imposed for aggravated arson if the offense was committed on
3		or after July 27, 2001 (the effective date of Public Act
4		92-176), and when the sentence is imposed for aggravated
5		driving under the influence of alcohol, other drug or drugs,
6		or intoxicating compound or compounds, or any combination
7		thereof as defined in subparagraph (C) of paragraph (1) of
8		subsection (d) of Section 11-501 of the Illinois Vehicle Code
9		committed on or after January 1, 2011 (the effective date of
10		Public Act 96-1230), the judge's statement, to be given after
11		pronouncing the sentence, shall include the following:
12		"The purpose of this statement is to inform the public of
13		the actual period of time this defendant is likely to spend in
14		prison as a result of this sentence. The actual period of
15		prison time served is determined by the statutes of Illinois
16		as applied to this sentence by the Illinois Department of
17		Corrections and the Illinois Prisoner Review Board. In this
18		case, the defendant is entitled to no more than 4 1/2 days of
19		sentence credit for each month of his or her sentence of
20		imprisonment. Therefore, this defendant will serve at least
21		85% of his or her sentence. Assuming the defendant receives 4
22		1/2 days credit for each month of his or her sentence, the
23		period of estimated actual custody is ... years and ...
24		months. If the defendant, because of his or her own misconduct
25		or failure to comply with the institutional regulations
26		receives lesser credit, the actual time served in prison will

HB5501 Engrossed - 2530 - LRB102 24698 AMC 33937 b
1		be longer."
2		When a sentence of imprisonment is imposed for first
3		degree murder and the offense was committed on or after June
4		19, 1998, the judge's statement, to be given after pronouncing
5		the sentence, shall include the following:
6		"The purpose of this statement is to inform the public of
7		the actual period of time this defendant is likely to spend in
8		prison as a result of this sentence. The actual period of
9		prison time served is determined by the statutes of Illinois
10		as applied to this sentence by the Illinois Department of
11		Corrections and the Illinois Prisoner Review Board. In this
12		case, the defendant is not entitled to sentence credit.
13		Therefore, this defendant will serve 100% of his or her
14		sentence."
15		When the sentencing order recommends placement in a
16		substance abuse program for any offense that results in
17		incarceration in a Department of Corrections facility and the
18		crime was committed on or after September 1, 2003 (the
19		effective date of Public Act 93-354), the judge's statement,
20		in addition to any other judge's statement required under this
21		Section, to be given after pronouncing the sentence, shall
22		include the following:
23		"The purpose of this statement is to inform the public of
24		the actual period of time this defendant is likely to spend in
25		prison as a result of this sentence. The actual period of
26		prison time served is determined by the statutes of Illinois

HB5501 Engrossed - 2531 - LRB102 24698 AMC 33937 b
1		as applied to this sentence by the Illinois Department of
2		Corrections and the Illinois Prisoner Review Board. In this
3		case, the defendant shall receive no earned sentence credit
4		under clause (3) of subsection (a) of Section 3-6-3 until he or
5		she participates in and completes a substance abuse treatment
6		program or receives a waiver from the Director of Corrections
7		pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
8		(c-4) Before the sentencing hearing and as part of the
9		presentence investigation under Section 5-3-1, the court shall
10		inquire of the defendant whether the defendant is currently
11		serving in or is a veteran of the Armed Forces of the United
12		States. If the defendant is currently serving in the Armed
13		Forces of the United States or is a veteran of the Armed Forces
14		of the United States and has been diagnosed as having a mental
15		illness by a qualified psychiatrist or clinical psychologist
16		or physician, the court may:
17		(1) order that the officer preparing the presentence
18		report consult with the United States Department of
19		Veterans Affairs, Illinois Department of Veterans'
20		Affairs, or another agency or person with suitable
21		knowledge or experience for the purpose of providing the
22		court with information regarding treatment options
23		available to the defendant, including federal, State, and
24		local programming; and
25		(2) consider the treatment recommendations of any
26		diagnosing or treating mental health professionals

HB5501 Engrossed - 2532 - LRB102 24698 AMC 33937 b
1		together with the treatment options available to the
2		defendant in imposing sentence.
3		For the purposes of this subsection (c-4), "qualified
4		psychiatrist" means a reputable physician licensed in Illinois
5		to practice medicine in all its branches, who has specialized
6		in the diagnosis and treatment of mental and nervous disorders
7		for a period of not less than 5 years.
8		(c-6) In imposing a sentence, the trial judge shall
9		specify, on the record, the particular evidence and other
10		reasons which led to his or her determination that a motor
11		vehicle was used in the commission of the offense.
12		(c-7) In imposing a sentence for a Class 3 or 4 felony,
13		other than a violent crime as defined in Section 3 of the
14		Rights of Crime Victims and Witnesses Act, the court shall
15		determine and indicate in the sentencing order whether the
16		defendant has 4 or more or fewer than 4 months remaining on his
17		or her sentence accounting for time served.
18		(d) When the defendant is committed to the Department of
19		Corrections, the State's Attorney shall and counsel for the
20		defendant may file a statement with the clerk of the court to
21		be transmitted to the department, agency or institution to
22		which the defendant is committed to furnish such department,
23		agency or institution with the facts and circumstances of the
24		offense for which the person was committed together with all
25		other factual information accessible to them in regard to the
26		person prior to his commitment relative to his habits,

HB5501 Engrossed - 2533 - LRB102 24698 AMC 33937 b
1		associates, disposition and reputation and any other facts and
2		circumstances which may aid such department, agency or
3		institution during its custody of such person. The clerk shall
4		within 10 days after receiving any such statements transmit a
5		copy to such department, agency or institution and a copy to
6		the other party, provided, however, that this shall not be
7		cause for delay in conveying the person to the department,
8		agency or institution to which he has been committed.
9		(e) The clerk of the court shall transmit to the
10		department, agency or institution, if any, to which the
11		defendant is committed, the following:
12		(1) the sentence imposed;
13		(2) any statement by the court of the basis for
14		imposing the sentence;
15		(3) any presentence reports;
16		(3.5) any sex offender evaluations;
17		(3.6) any substance abuse treatment eligibility
18		screening and assessment of the defendant by an agent
19		designated by the State of Illinois to provide assessment
20		services for the Illinois courts;
21		(4) the number of days, if any, which the defendant
22		has been in custody and for which he is entitled to credit
23		against the sentence, which information shall be provided
24		to the clerk by the sheriff;
25		(4.1) any finding of great bodily harm made by the
26		court with respect to an offense enumerated in subsection

HB5501 Engrossed - 2534 - LRB102 24698 AMC 33937 b
1		(c-1);
2		(5) all statements filed under subsection (d) of this
3		Section;
4		(6) any medical or mental health records or summaries
5		of the defendant;
6		(7) the municipality where the arrest of the offender
7		or the commission of the offense has occurred, where such
8		municipality has a population of more than 25,000 persons;
9		(8) all statements made and evidence offered under
10		paragraph (7) of subsection (a) of this Section; and
11		(9) all additional matters which the court directs the
12		clerk to transmit.
13		(f) In cases in which the court finds that a motor vehicle
14		was used in the commission of the offense for which the
15		defendant is being sentenced, the clerk of the court shall,
16		within 5 days thereafter, forward a report of such conviction
17		to the Secretary of State.
18		(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
19		101-105, eff. 1-1-20; 101-652, Article 10, Section 10-281,
20		eff. 7-1-21; 101-652, Article 20, Section 20-5, eff. 7-1-21;
21		revised 11-22-21.)
22		(730 ILCS 5/5-4-3a)
23		Sec. 5-4-3a. DNA testing backlog accountability.
24		(a) On or before August 1 of each year, the Illinois State
25		Police shall report to the Governor and both houses of the

HB5501 Engrossed - 2535 - LRB102 24698 AMC 33937 b
1		General Assembly the following information:
2		(1) the extent of the backlog of cases awaiting
3		testing or awaiting DNA analysis by the Illinois State
4		Police that Department, including, but not limited to,
5		those tests conducted under Section 5-4-3, as of June 30
6		of the previous fiscal year, with the backlog being
7		defined as all cases awaiting forensic testing whether in
8		the physical custody of the Illinois State Police or in
9		the physical custody of local law enforcement, provided
10		that the Illinois State Police have written notice of any
11		evidence in the physical custody of local law enforcement
12		prior to June 1 of that year; and
13		(2) what measures have been and are being taken to
14		reduce that backlog and the estimated costs or
15		expenditures in doing so.
16		(b) The information reported under this Section shall be
17		made available to the public, at the time it is reported, on
18		the official website web site of the Illinois State Police.
19		(c) Beginning January 1, 2016, the Illinois State Police
20		shall quarterly report on the status of the processing of
21		biology submitted to the Illinois State Police Laboratory for
22		analysis. The report shall be submitted to the Governor and
23		the General Assembly, and shall be posted on the Illinois
24		State Police website. The report shall include the following
25		for each Illinois State Police Laboratory location and any
26		laboratory to which the Illinois State Police has outsourced

HB5501 Engrossed - 2536 - LRB102 24698 AMC 33937 b
1		evidence for testing:
2		(1) For biology submissions, report both total
3		assignment and sexual assault or abuse assignment (as
4		defined by the Sexual Assault Evidence Submission Act)
5		figures for:
6		(A) The number of assignments received in the
7		preceding quarter.
8		(B) The number of assignments completed in the
9		preceding quarter.
10		(C) The number of assignments awaiting waiting
11		analysis.
12		(D) The number of assignments sent for
13		outsourcing.
14		(E) The number of assignments awaiting waiting
15		analysis that were received within the past 30 days.
16		(F) The number of assignments awaiting waiting
17		analysis that were received 31 to 90 days prior.
18		(G) The number of assignments awaiting waiting
19		analysis that were received 91 to 180 days prior.
20		(H) The number of assignments awaiting waiting
21		analysis that were received 181 to 365 days prior.
22		(I) The number of assignments awaiting waiting
23		analysis that were received more than 365 days prior.
24		(J) (Blank).
25		(2) (Blank).
26		(3) For all other categories of testing (e.g., drug

HB5501 Engrossed - 2537 - LRB102 24698 AMC 33937 b
1		chemistry, firearms/toolmark, footwear/tire track, latent
2		prints, toxicology, and trace chemistry analysis):
3		(A) The number of assignments received in the
4		preceding quarter.
5		(B) The number of assignments completed in the
6		preceding quarter.
7		(C) The number of assignments awaiting waiting
8		analysis.
9		(D) The number of cases entered in the National
10		Integrated Ballistic Information Network (NIBIN).
11		(E) The number of investigative leads developed
12		from National Integrated Ballistic Information Network
13		(NIBIN) analysis.
14		(4) For the Combined DNA Index System (CODIS), report
15		both total assignment and sexual assault or abuse
16		assignment (as defined by the Sexual Assault Evidence
17		Submission Act) figures for subparagraphs (D), (E), and
18		(F) of this paragraph (4):
19		(A) The number of new offender samples received in
20		the preceding quarter.
21		(B) The number of offender samples uploaded to
22		CODIS in the preceding quarter.
23		(C) The number of offender samples awaiting
24		analysis.
25		(D) The number of unknown DNA case profiles
26		uploaded to CODIS in the preceding quarter.

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1		(E) The number of CODIS hits in the preceding
2		quarter.
3		(F) The number of forensic evidence submissions
4		submitted to confirm a previously reported CODIS hit.
5		(5) For each category of testing, report the number of
6		trained forensic scientists and the number of forensic
7		scientists in training.
8		As used in this subsection (c), "completed" means
9		completion of both the analysis of the evidence and the
10		provision of the results to the submitting law enforcement
11		agency.
12		(d) The provisions of this subsection (d), other than this
13		sentence, are inoperative on and after January 1, 2019 or 2
14		years after the effective date of this amendatory Act of the
15		99th General Assembly, whichever is later. In consultation
16		with and subject to the approval of the Chief Procurement
17		Officer, the Illinois State Police may obtain contracts for
18		services, commodities, and equipment to assist in the timely
19		completion of biology, drug chemistry, firearms/toolmark,
20		footwear/tire track, latent prints, toxicology, microscopy,
21		trace chemistry, and Combined DNA Index System (CODIS)
22		analysis. Contracts to support the delivery of timely forensic
23		science services are not subject to the provisions of the
24		Illinois Procurement Code, except for Sections 20-60, 20-65,
25		20-70, and 20-160 and Article 50 of that Code, provided that
26		the Chief Procurement Officer may, in writing with

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1		justification, waive any certification required under Article
2		50 of the Illinois Procurement Code. For any contracts for
3		services which are currently provided by members of a
4		collective bargaining agreement, the applicable terms of the
5		collective bargaining agreement concerning subcontracting
6		shall be followed.
7		(Source: P.A. 102-237, eff. 1-1-22; 102-278, eff. 8-6-21;
8		102-538, eff. 8-20-21; revised 10-15-21.)
9		(730 ILCS 5/5-5-3)
10		Sec. 5-5-3. Disposition.
11		(a) (Blank).
12		(b) (Blank).
13		(c) (1) (Blank).
14		(2) A period of probation, a term of periodic imprisonment
15		or conditional discharge shall not be imposed for the
16		following offenses. The court shall sentence the offender to
17		not less than the minimum term of imprisonment set forth in
18		this Code for the following offenses, and may order a fine or
19		restitution or both in conjunction with such term of
20		imprisonment:
21		(A) First degree murder where the death penalty is not
22		imposed.
23		(B) Attempted first degree murder.
24		(C) A Class X felony.
25		(D) A violation of Section 401.1 or 407 of the

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1		Illinois Controlled Substances Act, or a violation of
2		subdivision (c)(1.5) of Section 401 of that Act which
3		relates to more than 5 grams of a substance containing
4		fentanyl or an analog thereof.
5		(D-5) A violation of subdivision (c)(1) of Section 401
6		of the Illinois Controlled Substances Act which relates to
7		3 or more grams of a substance containing heroin or an
8		analog thereof.
9		(E) (Blank).
10		(F) A Class 1 or greater felony if the offender had
11		been convicted of a Class 1 or greater felony, including
12		any state or federal conviction for an offense that
13		contained, at the time it was committed, the same elements
14		as an offense now (the date of the offense committed after
15		the prior Class 1 or greater felony) classified as a Class
16		1 or greater felony, within 10 years of the date on which
17		the offender committed the offense for which he or she is
18		being sentenced, except as otherwise provided in Section
19		40-10 of the Substance Use Disorder Act.
20		(F-3) A Class 2 or greater felony sex offense or
21		felony firearm offense if the offender had been convicted
22		of a Class 2 or greater felony, including any state or
23		federal conviction for an offense that contained, at the
24		time it was committed, the same elements as an offense now
25		(the date of the offense committed after the prior Class 2
26		or greater felony) classified as a Class 2 or greater

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1		felony, within 10 years of the date on which the offender
2		committed the offense for which he or she is being
3		sentenced, except as otherwise provided in Section 40-10
4		of the Substance Use Disorder Act.
5		(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
6		of the Criminal Code of 1961 or the Criminal Code of 2012
7		for which imprisonment is prescribed in those Sections.
8		(G) Residential burglary, except as otherwise provided
9		in Section 40-10 of the Substance Use Disorder Act.
10		(H) Criminal sexual assault.
11		(I) Aggravated battery of a senior citizen as
12		described in Section 12-4.6 or subdivision (a)(4) of
13		Section 12-3.05 of the Criminal Code of 1961 or the
14		Criminal Code of 2012.
15		(J) A forcible felony if the offense was related to
16		the activities of an organized gang.
17		Before July 1, 1994, for the purposes of this
18		paragraph, "organized gang" means an association of 5 or
19		more persons, with an established hierarchy, that
20		encourages members of the association to perpetrate crimes
21		or provides support to the members of the association who
22		do commit crimes.
23		Beginning July 1, 1994, for the purposes of this
24		paragraph, "organized gang" has the meaning ascribed to it
25		in Section 10 of the Illinois Streetgang Terrorism Omnibus
26		Prevention Act.

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1		(K) Vehicular hijacking.
2		(L) A second or subsequent conviction for the offense
3		of hate crime when the underlying offense upon which the
4		hate crime is based is felony aggravated assault or felony
5		mob action.
6		(M) A second or subsequent conviction for the offense
7		of institutional vandalism if the damage to the property
8		exceeds $300.
9		(N) A Class 3 felony violation of paragraph (1) of
10		subsection (a) of Section 2 of the Firearm Owners
11		Identification Card Act.
12		(O) A violation of Section 12-6.1 or 12-6.5 of the
13		Criminal Code of 1961 or the Criminal Code of 2012.
14		(P) A violation of paragraph (1), (2), (3), (4), (5),
15		or (7) of subsection (a) of Section 11-20.1 of the
16		Criminal Code of 1961 or the Criminal Code of 2012.
17		(P-5) A violation of paragraph (6) of subsection (a)
18		of Section 11-20.1 of the Criminal Code of 1961 or the
19		Criminal Code of 2012 if the victim is a household or
20		family member of the defendant.
21		(Q) A violation of subsection (b) or (b-5) of Section
22		20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
23		Code of 1961 or the Criminal Code of 2012.
24		(R) A violation of Section 24-3A of the Criminal Code
25		of 1961 or the Criminal Code of 2012.
26		(S) (Blank).

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1		(T) (Blank).
2		(U) A second or subsequent violation of Section 6-303
3		of the Illinois Vehicle Code committed while his or her
4		driver's license, permit, or privilege was revoked because
5		of a violation of Section 9-3 of the Criminal Code of 1961
6		or the Criminal Code of 2012, relating to the offense of
7		reckless homicide, or a similar provision of a law of
8		another state.
9		(V) A violation of paragraph (4) of subsection (c) of
10		Section 11-20.1B or paragraph (4) of subsection (c) of
11		Section 11-20.3 of the Criminal Code of 1961, or paragraph
12		(6) of subsection (a) of Section 11-20.1 of the Criminal
13		Code of 2012 when the victim is under 13 years of age and
14		the defendant has previously been convicted under the laws
15		of this State or any other state of the offense of child
16		pornography, aggravated child pornography, aggravated
17		criminal sexual abuse, aggravated criminal sexual assault,
18		predatory criminal sexual assault of a child, or any of
19		the offenses formerly known as rape, deviate sexual
20		assault, indecent liberties with a child, or aggravated
21		indecent liberties with a child where the victim was under
22		the age of 18 years or an offense that is substantially
23		equivalent to those offenses.
24		(W) A violation of Section 24-3.5 of the Criminal Code
25		of 1961 or the Criminal Code of 2012.
26		(X) A violation of subsection (a) of Section 31-1a of

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1		the Criminal Code of 1961 or the Criminal Code of 2012.
2		(Y) A conviction for unlawful possession of a firearm
3		by a street gang member when the firearm was loaded or
4		contained firearm ammunition.
5		(Z) A Class 1 felony committed while he or she was
6		serving a term of probation or conditional discharge for a
7		felony.
8		(AA) Theft of property exceeding $500,000 and not
9		exceeding $1,000,000 in value.
10		(BB) Laundering of criminally derived property of a
11		value exceeding $500,000.
12		(CC) Knowingly selling, offering for sale, holding for
13		sale, or using 2,000 or more counterfeit items or
14		counterfeit items having a retail value in the aggregate
15		of $500,000 or more.
16		(DD) A conviction for aggravated assault under
17		paragraph (6) of subsection (c) of Section 12-2 of the
18		Criminal Code of 1961 or the Criminal Code of 2012 if the
19		firearm is aimed toward the person against whom the
20		firearm is being used.
21		(EE) A conviction for a violation of paragraph (2) of
22		subsection (a) of Section 24-3B of the Criminal Code of
23		2012.
24		(3) (Blank).
25		(4) A minimum term of imprisonment of not less than 10
26		consecutive days or 30 days of community service shall be

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1		imposed for a violation of paragraph (c) of Section 6-303 of
2		the Illinois Vehicle Code.
3		(4.1) (Blank).
4		(4.2) Except as provided in paragraphs (4.3) and (4.8) of
5		this subsection (c), a minimum of 100 hours of community
6		service shall be imposed for a second violation of Section
7		6-303 of the Illinois Vehicle Code.
8		(4.3) A minimum term of imprisonment of 30 days or 300
9		hours of community service, as determined by the court, shall
10		be imposed for a second violation of subsection (c) of Section
11		6-303 of the Illinois Vehicle Code.
12		(4.4) Except as provided in paragraphs (4.5), (4.6), and
13		(4.9) of this subsection (c), a minimum term of imprisonment
14		of 30 days or 300 hours of community service, as determined by
15		the court, shall be imposed for a third or subsequent
16		violation of Section 6-303 of the Illinois Vehicle Code. The
17		court may give credit toward the fulfillment of community
18		service hours for participation in activities and treatment as
19		determined by court services.
20		(4.5) A minimum term of imprisonment of 30 days shall be
21		imposed for a third violation of subsection (c) of Section
22		6-303 of the Illinois Vehicle Code.
23		(4.6) Except as provided in paragraph (4.10) of this
24		subsection (c), a minimum term of imprisonment of 180 days
25		shall be imposed for a fourth or subsequent violation of
26		subsection (c) of Section 6-303 of the Illinois Vehicle Code.

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1		(4.7) A minimum term of imprisonment of not less than 30
2		consecutive days, or 300 hours of community service, shall be
3		imposed for a violation of subsection (a-5) of Section 6-303
4		of the Illinois Vehicle Code, as provided in subsection (b-5)
5		of that Section.
6		(4.8) A mandatory prison sentence shall be imposed for a
7		second violation of subsection (a-5) of Section 6-303 of the
8		Illinois Vehicle Code, as provided in subsection (c-5) of that
9		Section. The person's driving privileges shall be revoked for
10		a period of not less than 5 years from the date of his or her
11		release from prison.
12		(4.9) A mandatory prison sentence of not less than 4 and
13		not more than 15 years shall be imposed for a third violation
14		of subsection (a-5) of Section 6-303 of the Illinois Vehicle
15		Code, as provided in subsection (d-2.5) of that Section. The
16		person's driving privileges shall be revoked for the remainder
17		of his or her life.
18		(4.10) A mandatory prison sentence for a Class 1 felony
19		shall be imposed, and the person shall be eligible for an
20		extended term sentence, for a fourth or subsequent violation
21		of subsection (a-5) of Section 6-303 of the Illinois Vehicle
22		Code, as provided in subsection (d-3.5) of that Section. The
23		person's driving privileges shall be revoked for the remainder
24		of his or her life.
25		(5) The court may sentence a corporation or unincorporated
26		association convicted of any offense to:

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1		(A) a period of conditional discharge;
2		(B) a fine;
3		(C) make restitution to the victim under Section 5-5-6
4		of this Code.
5		(5.1) In addition to any other penalties imposed, and
6		except as provided in paragraph (5.2) or (5.3), a person
7		convicted of violating subsection (c) of Section 11-907 of the
8		Illinois Vehicle Code shall have his or her driver's license,
9		permit, or privileges suspended for at least 90 days but not
10		more than one year, if the violation resulted in damage to the
11		property of another person.
12		(5.2) In addition to any other penalties imposed, and
13		except as provided in paragraph (5.3), a person convicted of
14		violating subsection (c) of Section 11-907 of the Illinois
15		Vehicle Code shall have his or her driver's license, permit,
16		or privileges suspended for at least 180 days but not more than
17		2 years, if the violation resulted in injury to another
18		person.
19		(5.3) In addition to any other penalties imposed, a person
20		convicted of violating subsection (c) of Section 11-907 of the
21		Illinois Vehicle Code shall have his or her driver's license,
22		permit, or privileges suspended for 2 years, if the violation
23		resulted in the death of another person.
24		(5.4) In addition to any other penalties imposed, a person
25		convicted of violating Section 3-707 of the Illinois Vehicle
26		Code shall have his or her driver's license, permit, or

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1		privileges suspended for 3 months and until he or she has paid
2		a reinstatement fee of $100.
3		(5.5) In addition to any other penalties imposed, a person
4		convicted of violating Section 3-707 of the Illinois Vehicle
5		Code during a period in which his or her driver's license,
6		permit, or privileges were suspended for a previous violation
7		of that Section shall have his or her driver's license,
8		permit, or privileges suspended for an additional 6 months
9		after the expiration of the original 3-month suspension and
10		until he or she has paid a reinstatement fee of $100.
11		(6) (Blank).
12		(7) (Blank).
13		(8) (Blank).
14		(9) A defendant convicted of a second or subsequent
15		offense of ritualized abuse of a child may be sentenced to a
16		term of natural life imprisonment.
17		(10) (Blank).
18		(11) The court shall impose a minimum fine of $1,000 for a
19		first offense and $2,000 for a second or subsequent offense
20		upon a person convicted of or placed on supervision for
21		battery when the individual harmed was a sports official or
22		coach at any level of competition and the act causing harm to
23		the sports official or coach occurred within an athletic
24		facility or within the immediate vicinity of the athletic
25		facility at which the sports official or coach was an active
26		participant of the athletic contest held at the athletic

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1		facility. For the purposes of this paragraph (11), "sports
2		official" means a person at an athletic contest who enforces
3		the rules of the contest, such as an umpire or referee;
4		"athletic facility" means an indoor or outdoor playing field
5		or recreational area where sports activities are conducted;
6		and "coach" means a person recognized as a coach by the
7		sanctioning authority that conducted the sporting event.
8		(12) A person may not receive a disposition of court
9		supervision for a violation of Section 5-16 of the Boat
10		Registration and Safety Act if that person has previously
11		received a disposition of court supervision for a violation of
12		that Section.
13		(13) A person convicted of or placed on court supervision
14		for an assault or aggravated assault when the victim and the
15		offender are family or household members as defined in Section
16		103 of the Illinois Domestic Violence Act of 1986 or convicted
17		of domestic battery or aggravated domestic battery may be
18		required to attend a Partner Abuse Intervention Program under
19		protocols set forth by the Illinois Department of Human
20		Services under such terms and conditions imposed by the court.
21		The costs of such classes shall be paid by the offender.
22		(d) In any case in which a sentence originally imposed is
23		vacated, the case shall be remanded to the trial court. The
24		trial court shall hold a hearing under Section 5-4-1 of this
25		Code which may include evidence of the defendant's life, moral
26		character and occupation during the time since the original

HB5501 Engrossed - 2550 - LRB102 24698 AMC 33937 b
1		sentence was passed. The trial court shall then impose
2		sentence upon the defendant. The trial court may impose any
3		sentence which could have been imposed at the original trial
4		subject to Section 5-5-4 of this Code. If a sentence is vacated
5		on appeal or on collateral attack due to the failure of the
6		trier of fact at trial to determine beyond a reasonable doubt
7		the existence of a fact (other than a prior conviction)
8		necessary to increase the punishment for the offense beyond
9		the statutory maximum otherwise applicable, either the
10		defendant may be re-sentenced to a term within the range
11		otherwise provided or, if the State files notice of its
12		intention to again seek the extended sentence, the defendant
13		shall be afforded a new trial.
14		(e) In cases where prosecution for aggravated criminal
15		sexual abuse under Section 11-1.60 or 12-16 of the Criminal
16		Code of 1961 or the Criminal Code of 2012 results in conviction
17		of a defendant who was a family member of the victim at the
18		time of the commission of the offense, the court shall
19		consider the safety and welfare of the victim and may impose a
20		sentence of probation only where:
21		(1) the court finds (A) or (B) or both are
22		appropriate:
23		(A) the defendant is willing to undergo a court
24		approved counseling program for a minimum duration of
25		2 years; or
26		(B) the defendant is willing to participate in a

HB5501 Engrossed - 2551 - LRB102 24698 AMC 33937 b
1		court approved plan, including, but not limited to,
2		the defendant's:
3		(i) removal from the household;
4		(ii) restricted contact with the victim;
5		(iii) continued financial support of the
6		family;
7		(iv) restitution for harm done to the victim;
8		and
9		(v) compliance with any other measures that
10		the court may deem appropriate; and
11		(2) the court orders the defendant to pay for the
12		victim's counseling services, to the extent that the court
13		finds, after considering the defendant's income and
14		assets, that the defendant is financially capable of
15		paying for such services, if the victim was under 18 years
16		of age at the time the offense was committed and requires
17		counseling as a result of the offense.
18		Probation may be revoked or modified pursuant to Section
19		5-6-4; except where the court determines at the hearing that
20		the defendant violated a condition of his or her probation
21		restricting contact with the victim or other family members or
22		commits another offense with the victim or other family
23		members, the court shall revoke the defendant's probation and
24		impose a term of imprisonment.
25		For the purposes of this Section, "family member" and
26		"victim" shall have the meanings ascribed to them in Section

HB5501 Engrossed - 2552 - LRB102 24698 AMC 33937 b
1		11-0.1 of the Criminal Code of 2012.
2		(f) (Blank).
3		(g) Whenever a defendant is convicted of an offense under
4		Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
5		11-14.3, 11-14.4 except for an offense that involves keeping a
6		place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
7		11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
8		12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
9		Criminal Code of 2012, the defendant shall undergo medical
10		testing to determine whether the defendant has any sexually
11		transmissible disease, including a test for infection with
12		human immunodeficiency virus (HIV) or any other identified
13		causative agent of acquired immunodeficiency syndrome (AIDS).
14		Any such medical test shall be performed only by appropriately
15		licensed medical practitioners and may include an analysis of
16		any bodily fluids as well as an examination of the defendant's
17		person. Except as otherwise provided by law, the results of
18		such test shall be kept strictly confidential by all medical
19		personnel involved in the testing and must be personally
20		delivered in a sealed envelope to the judge of the court in
21		which the conviction was entered for the judge's inspection in
22		camera. Acting in accordance with the best interests of the
23		victim and the public, the judge shall have the discretion to
24		determine to whom, if anyone, the results of the testing may be
25		revealed. The court shall notify the defendant of the test
26		results. The court shall also notify the victim if requested

HB5501 Engrossed - 2553 - LRB102 24698 AMC 33937 b
1		by the victim, and if the victim is under the age of 15 and if
2		requested by the victim's parents or legal guardian, the court
3		shall notify the victim's parents or legal guardian of the
4		test results. The court shall provide information on the
5		availability of HIV testing and counseling at Department of
6		Public Health facilities to all parties to whom the results of
7		the testing are revealed and shall direct the State's Attorney
8		to provide the information to the victim when possible. The
9		court shall order that the cost of any such test shall be paid
10		by the county and may be taxed as costs against the convicted
11		defendant.
12		(g-5) When an inmate is tested for an airborne
13		communicable disease, as determined by the Illinois Department
14		of Public Health, including, but not limited to, tuberculosis,
15		the results of the test shall be personally delivered by the
16		warden or his or her designee in a sealed envelope to the judge
17		of the court in which the inmate must appear for the judge's
18		inspection in camera if requested by the judge. Acting in
19		accordance with the best interests of those in the courtroom,
20		the judge shall have the discretion to determine what if any
21		precautions need to be taken to prevent transmission of the
22		disease in the courtroom.
23		(h) Whenever a defendant is convicted of an offense under
24		Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
25		defendant shall undergo medical testing to determine whether
26		the defendant has been exposed to human immunodeficiency virus

HB5501 Engrossed - 2554 - LRB102 24698 AMC 33937 b
1		(HIV) or any other identified causative agent of acquired
2		immunodeficiency syndrome (AIDS). Except as otherwise provided
3		by law, the results of such test shall be kept strictly
4		confidential by all medical personnel involved in the testing
5		and must be personally delivered in a sealed envelope to the
6		judge of the court in which the conviction was entered for the
7		judge's inspection in camera. Acting in accordance with the
8		best interests of the public, the judge shall have the
9		discretion to determine to whom, if anyone, the results of the
10		testing may be revealed. The court shall notify the defendant
11		of a positive test showing an infection with the human
12		immunodeficiency virus (HIV). The court shall provide
13		information on the availability of HIV testing and counseling
14		at Department of Public Health facilities to all parties to
15		whom the results of the testing are revealed and shall direct
16		the State's Attorney to provide the information to the victim
17		when possible. The court shall order that the cost of any such
18		test shall be paid by the county and may be taxed as costs
19		against the convicted defendant.
20		(i) All fines and penalties imposed under this Section for
21		any violation of Chapters 3, 4, 6, and 11 of the Illinois
22		Vehicle Code, or a similar provision of a local ordinance, and
23		any violation of the Child Passenger Protection Act, or a
24		similar provision of a local ordinance, shall be collected and
25		disbursed by the circuit clerk as provided under the Criminal
26		and Traffic Assessment Act.

HB5501 Engrossed - 2555 - LRB102 24698 AMC 33937 b
1		(j) In cases when prosecution for any violation of Section
2		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
3		11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
4		11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
5		11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
6		12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
7		Code of 2012, any violation of the Illinois Controlled
8		Substances Act, any violation of the Cannabis Control Act, or
9		any violation of the Methamphetamine Control and Community
10		Protection Act results in conviction, a disposition of court
11		supervision, or an order of probation granted under Section 10
12		of the Cannabis Control Act, Section 410 of the Illinois
13		Controlled Substances Act, or Section 70 of the
14		Methamphetamine Control and Community Protection Act of a
15		defendant, the court shall determine whether the defendant is
16		employed by a facility or center as defined under the Child
17		Care Act of 1969, a public or private elementary or secondary
18		school, or otherwise works with children under 18 years of age
19		on a daily basis. When a defendant is so employed, the court
20		shall order the Clerk of the Court to send a copy of the
21		judgment of conviction or order of supervision or probation to
22		the defendant's employer by certified mail. If the employer of
23		the defendant is a school, the Clerk of the Court shall direct
24		the mailing of a copy of the judgment of conviction or order of
25		supervision or probation to the appropriate regional
26		superintendent of schools. The regional superintendent of

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1		schools shall notify the State Board of Education of any
2		notification under this subsection.
3		(j-5) A defendant at least 17 years of age who is convicted
4		of a felony and who has not been previously convicted of a
5		misdemeanor or felony and who is sentenced to a term of
6		imprisonment in the Illinois Department of Corrections shall
7		as a condition of his or her sentence be required by the court
8		to attend educational courses designed to prepare the
9		defendant for a high school diploma and to work toward a high
10		school diploma or to work toward passing high school
11		equivalency testing or to work toward completing a vocational
12		training program offered by the Department of Corrections. If
13		a defendant fails to complete the educational training
14		required by his or her sentence during the term of
15		incarceration, the Prisoner Review Board shall, as a condition
16		of mandatory supervised release, require the defendant, at his
17		or her own expense, to pursue a course of study toward a high
18		school diploma or passage of high school equivalency testing.
19		The Prisoner Review Board shall revoke the mandatory
20		supervised release of a defendant who wilfully fails to comply
21		with this subsection (j-5) upon his or her release from
22		confinement in a penal institution while serving a mandatory
23		supervised release term; however, the inability of the
24		defendant after making a good faith effort to obtain financial
25		aid or pay for the educational training shall not be deemed a
26		wilful failure to comply. The Prisoner Review Board shall

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1		recommit the defendant whose mandatory supervised release term
2		has been revoked under this subsection (j-5) as provided in
3		Section 3-3-9. This subsection (j-5) does not apply to a
4		defendant who has a high school diploma or has successfully
5		passed high school equivalency testing. This subsection (j-5)
6		does not apply to a defendant who is determined by the court to
7		be a person with a developmental disability or otherwise
8		mentally incapable of completing the educational or vocational
9		program.
10		(k) (Blank).
11		(l) (A) Except as provided in paragraph (C) of subsection
12		(l), whenever a defendant, who is an alien as defined by the
13		Immigration and Nationality Act, is convicted of any felony or
14		misdemeanor offense, the court after sentencing the defendant
15		may, upon motion of the State's Attorney, hold sentence in
16		abeyance and remand the defendant to the custody of the
17		Attorney General of the United States or his or her designated
18		agent to be deported when:
19		(1) a final order of deportation has been issued
20		against the defendant pursuant to proceedings under the
21		Immigration and Nationality Act, and
22		(2) the deportation of the defendant would not
23		deprecate the seriousness of the defendant's conduct and
24		would not be inconsistent with the ends of justice.
25		Otherwise, the defendant shall be sentenced as provided in
26		this Chapter V.

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1		(B) If the defendant has already been sentenced for a
2		felony or misdemeanor offense, or has been placed on probation
3		under Section 10 of the Cannabis Control Act, Section 410 of
4		the Illinois Controlled Substances Act, or Section 70 of the
5		Methamphetamine Control and Community Protection Act, the
6		court may, upon motion of the State's Attorney to suspend the
7		sentence imposed, commit the defendant to the custody of the
8		Attorney General of the United States or his or her designated
9		agent when:
10		(1) a final order of deportation has been issued
11		against the defendant pursuant to proceedings under the
12		Immigration and Nationality Act, and
13		(2) the deportation of the defendant would not
14		deprecate the seriousness of the defendant's conduct and
15		would not be inconsistent with the ends of justice.
16		(C) This subsection (l) does not apply to offenders who
17		are subject to the provisions of paragraph (2) of subsection
18		(a) of Section 3-6-3.
19		(D) Upon motion of the State's Attorney, if a defendant
20		sentenced under this Section returns to the jurisdiction of
21		the United States, the defendant shall be recommitted to the
22		custody of the county from which he or she was sentenced.
23		Thereafter, the defendant shall be brought before the
24		sentencing court, which may impose any sentence that was
25		available under Section 5-5-3 at the time of initial
26		sentencing. In addition, the defendant shall not be eligible

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1		for additional earned sentence credit as provided under
2		Section 3-6-3.
3		(m) A person convicted of criminal defacement of property
4		under Section 21-1.3 of the Criminal Code of 1961 or the
5		Criminal Code of 2012, in which the property damage exceeds
6		$300 and the property damaged is a school building, shall be
7		ordered to perform community service that may include cleanup,
8		removal, or painting over the defacement.
9		(n) The court may sentence a person convicted of a
10		violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
11		subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
12		of 1961 or the Criminal Code of 2012 (i) to an impact
13		incarceration program if the person is otherwise eligible for
14		that program under Section 5-8-1.1, (ii) to community service,
15		or (iii) if the person has a substance use disorder, as defined
16		in the Substance Use Disorder Act, to a treatment program
17		licensed under that Act.
18		(o) Whenever a person is convicted of a sex offense as
19		defined in Section 2 of the Sex Offender Registration Act, the
20		defendant's driver's license or permit shall be subject to
21		renewal on an annual basis in accordance with the provisions
22		of license renewal established by the Secretary of State.
23		(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
24		102-531, eff. 1-1-22; revised 10-12-21.)
25		(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)

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1		Sec. 5-9-1.4. (a) "Crime laboratory" means any
2		not-for-profit laboratory registered with the Drug Enforcement
3		Administration of the United States Department of Justice,
4		substantially funded by a unit or combination of units of
5		local government or the State of Illinois, which regularly
6		employs at least one person engaged in the analysis of
7		controlled substances, cannabis, methamphetamine, or steroids
8		for criminal justice agencies in criminal matters and provides
9		testimony with respect to such examinations.
10		(b) (Blank).
11		(c) In addition to any other disposition made pursuant to
12		the provisions of the Juvenile Court Act of 1987, any minor
13		adjudicated delinquent for an offense which if committed by an
14		adult would constitute a violation of the Cannabis Control
15		Act, the Illinois Controlled Substances Act, the
16		Methamphetamine Control and Community Protection Act, or the
17		Steroid Control Act shall be required to pay a criminal
18		laboratory analysis assessment of $100 for each adjudication.
19		Upon verified petition of the minor, the court may suspend
20		payment of all or part of the assessment if it finds that the
21		minor does not have the ability to pay the assessment. The
22		parent, guardian, or legal custodian of the minor may pay some
23		or all of such assessment on the minor's behalf.
24		(d) All criminal laboratory analysis fees provided for by
25		this Section shall be collected by the clerk of the court and
26		forwarded to the appropriate crime laboratory fund as provided

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1		in subsection (f).
2		(e) Crime laboratory funds shall be established as
3		follows:
4		(1) Any unit of local government which maintains a
5		crime laboratory may establish a crime laboratory fund
6		within the office of the county or municipal treasurer.
7		(2) Any combination of units of local government which
8		maintains a crime laboratory may establish a crime
9		laboratory fund within the office of the treasurer of the
10		county where the crime laboratory is situated.
11		(3) The State Crime Laboratory Fund is hereby created
12		as a special fund in the State Treasury. Notwithstanding
13		any other provision of law to the contrary, and in
14		addition to any other transfers that may be provided by
15		law, on August 20, 2021 (the effective date of Public Act
16		102-505) this amendatory Act of the 102nd General
17		Assembly, or as soon thereafter as practical, the State
18		Comptroller shall direct and the State Treasurer shall
19		transfer the remaining balance from the State Offender DNA
20		Identification System Fund into the State Crime Laboratory
21		Fund. Upon completion of the transfer, the State Offender
22		DNA Identification System Fund is dissolved, and any
23		future deposits due to that Fund and any outstanding
24		obligations or liabilities of that Fund shall pass to the
25		State Crime Laboratory Fund.
26		(f) The analysis assessment provided for in subsection (c)

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1		of this Section shall be forwarded to the office of the
2		treasurer of the unit of local government that performed the
3		analysis if that unit of local government has established a
4		crime laboratory fund, or to the State Crime Laboratory Fund
5		if the analysis was performed by a laboratory operated by the
6		Illinois State Police. If the analysis was performed by a
7		crime laboratory funded by a combination of units of local
8		government, the analysis assessment shall be forwarded to the
9		treasurer of the county where the crime laboratory is situated
10		if a crime laboratory fund has been established in that
11		county. If the unit of local government or combination of
12		units of local government has not established a crime
13		laboratory fund, then the analysis assessment shall be
14		forwarded to the State Crime Laboratory Fund.
15		(g) Moneys deposited into a crime laboratory fund created
16		pursuant to paragraph paragraphs (1) or (2) of subsection (e)
17		of this Section shall be in addition to any allocations made
18		pursuant to existing law and shall be designated for the
19		exclusive use of the crime laboratory. These uses may include,
20		but are not limited to, the following:
21		(1) costs incurred in providing analysis for
22		controlled substances in connection with criminal
23		investigations conducted within this State;
24		(2) purchase and maintenance of equipment for use in
25		performing analyses; and
26		(3) continuing education, training, and professional

HB5501 Engrossed - 2563 - LRB102 24698 AMC 33937 b
1		development of forensic scientists regularly employed by
2		these laboratories.
3		(h) Moneys deposited in the State Crime Laboratory Fund
4		created pursuant to paragraph (3) of subsection (d) of this
5		Section shall be used by State crime laboratories as
6		designated by the Director of the Illinois State Police. These
7		funds shall be in addition to any allocations made pursuant to
8		existing law and shall be designated for the exclusive use of
9		State crime laboratories or for the sexual assault evidence
10		tracking system created under Section 50 of the Sexual Assault
11		Evidence Submission Act. These uses may include those
12		enumerated in subsection (g) of this Section.
13		(Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21;
14		102-538, eff. 8-20-21; revised 10-12-21.)
15		(730 ILCS 5/5-9-1.9)
16		Sec. 5-9-1.9. DUI analysis fee.
17		(a) "Crime laboratory" means a not-for-profit laboratory
18		substantially funded by a single unit or combination of units
19		of local government or the State of Illinois that regularly
20		employs at least one person engaged in the DUI analysis of
21		blood, other bodily substance, and urine for criminal justice
22		agencies in criminal matters and provides testimony with
23		respect to such examinations.
24		"DUI analysis" means an analysis of blood, other bodily
25		substance, or urine for purposes of determining whether a

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1		violation of Section 11-501 of the Illinois Vehicle Code has
2		occurred.
3		(b) (Blank).
4		(c) In addition to any other disposition made under the
5		provisions of the Juvenile Court Act of 1987, any minor
6		adjudicated delinquent for an offense which if committed by an
7		adult would constitute a violation of Section 11-501 of the
8		Illinois Vehicle Code shall pay a crime laboratory DUI
9		analysis assessment of $150 for each adjudication. Upon
10		verified petition of the minor, the court may suspend payment
11		of all or part of the assessment if it finds that the minor
12		does not have the ability to pay the assessment. The parent,
13		guardian, or legal custodian of the minor may pay some or all
14		of the assessment on the minor's behalf.
15		(d) All crime laboratory DUI analysis assessments provided
16		for by this Section shall be collected by the clerk of the
17		court and forwarded to the appropriate crime laboratory DUI
18		fund as provided in subsection (f).
19		(e) Crime laboratory funds shall be established as
20		follows:
21		(1) A unit of local government that maintains a crime
22		laboratory may establish a crime laboratory DUI fund
23		within the office of the county or municipal treasurer.
24		(2) Any combination of units of local government that
25		maintains a crime laboratory may establish a crime
26		laboratory DUI fund within the office of the treasurer of

HB5501 Engrossed - 2565 - LRB102 24698 AMC 33937 b
1		the county where the crime laboratory is situated.
2		(3) (Blank).
3		(f) The analysis assessment provided for in subsection (c)
4		of this Section shall be forwarded to the office of the
5		treasurer of the unit of local government that performed the
6		analysis if that unit of local government has established a
7		crime laboratory DUI fund, or remitted to the State Treasurer
8		for deposit into the State Crime Laboratory Fund if the
9		analysis was performed by a laboratory operated by the
10		Illinois State Police. If the analysis was performed by a
11		crime laboratory funded by a combination of units of local
12		government, the analysis assessment shall be forwarded to the
13		treasurer of the county where the crime laboratory is situated
14		if a crime laboratory DUI fund has been established in that
15		county. If the unit of local government or combination of
16		units of local government has not established a crime
17		laboratory DUI fund, then the analysis assessment shall be
18		remitted to the State Treasurer for deposit into the State
19		Crime Laboratory Fund.
20		(g) Moneys deposited into a crime laboratory DUI fund
21		created under paragraphs (1) and (2) of subsection (e) of this
22		Section shall be in addition to any allocations made pursuant
23		to existing law and shall be designated for the exclusive use
24		of the crime laboratory. These uses may include, but are not
25		limited to, the following:
26		(1) Costs incurred in providing analysis for DUI

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1		investigations conducted within this State.
2		(2) Purchase and maintenance of equipment for use in
3		performing analyses.
4		(3) Continuing education, training, and professional
5		development of forensic scientists regularly employed by
6		these laboratories.
7		(h) Moneys deposited in the State Crime Laboratory Fund
8		shall be used by State crime laboratories as designated by the
9		Director of the Illinois State Police. These funds shall be in
10		addition to any allocations made according to existing law and
11		shall be designated for the exclusive use of State crime
12		laboratories. These uses may include those enumerated in
13		subsection (g) of this Section.
14		(i) Notwithstanding any other provision of law to the
15		contrary and in addition to any other transfers that may be
16		provided by law, on June 17, 2021 (the effective date of Public
17		Act 102-16) this amendatory Act of the 102nd General Assembly,
18		or as soon thereafter as practical, the State Comptroller
19		shall direct and the State Treasurer shall transfer the
20		remaining balance from the State Police DUI Fund into the
21		State Police Operations Assistance Fund. Upon completion of
22		the transfer, the State Police DUI Fund is dissolved, and any
23		future deposits due to that Fund and any outstanding
24		obligations or liabilities of that Fund shall pass to the
25		State Police Operations Assistance Fund.
26		(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21;

HB5501 Engrossed - 2567 - LRB102 24698 AMC 33937 b
1		102-538, eff. 8-20-21; revised 10-20-21.)
2		Section 660. The Sex Offender Community Notification Law
3		is amended by changing Section 121 as follows:
4		(730 ILCS 152/121)
5		Sec. 121. Notification regarding juvenile offenders.
6		(a) The Illinois State Police and any law enforcement
7		agency having jurisdiction may, in the Illinois State Police's
8		Department's or agency's discretion, only provide the
9		information specified in subsection (b) of Section 120 of this
10		Act, with respect to an adjudicated juvenile delinquent, to
11		any person when that person's safety may be compromised for
12		some reason related to the juvenile sex offender.
13		(b) The local law enforcement agency having jurisdiction
14		to register the juvenile sex offender shall ascertain from the
15		juvenile sex offender whether the juvenile sex offender is
16		enrolled in school; and if so, shall provide a copy of the sex
17		offender registration form only to the principal or chief
18		administrative officer of the school and any school counselor
19		designated by him or her. The registration form shall be kept
20		separately from any and all school records maintained on
21		behalf of the juvenile sex offender.
22		(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
23		revised 10-18-21.)

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1		Section 665. The Murderer and Violent Offender Against
2		Youth Registration Act is amended by changing Sections 85, 95,
3		100, and 105 as follows:
4		(730 ILCS 154/85)
5		Sec. 85. Murderer and Violent Offender Against Youth
6		Database.
7		(a) The Illinois State Police shall establish and maintain
8		a Statewide Murderer and Violent Offender Against Youth
9		Database for the purpose of identifying violent offenders
10		against youth and making that information available to the
11		persons specified in Section 95. The Database shall be created
12		from the Law Enforcement Agencies Data System (LEADS)
13		established under Section 6 of the Intergovernmental Missing
14		Child Recovery Act of 1984. The Illinois State Police shall
15		examine its LEADS database for persons registered as violent
16		offenders against youth under this Act and shall identify
17		those who are violent offenders against youth and shall add
18		all the information, including photographs if available, on
19		those violent offenders against youth to the Statewide
20		Murderer and Violent Offender Against Youth Database.
21		(b) The Illinois State Police must make the information
22		contained in the Statewide Murderer and Violent Offender
23		Against Youth Database accessible on the Internet by means of
24		a hyperlink labeled "Murderer and Violent Offender Against
25		Youth Information" on the Illinois State Police's Department's

HB5501 Engrossed - 2569 - LRB102 24698 AMC 33937 b
1		World Wide Web home page. The Illinois State Police must
2		update that information as it deems necessary.
3		The Illinois State Police may require that a person who
4		seeks access to the violent offender against youth information
5		submit biographical information about himself or herself
6		before permitting access to the violent offender against youth
7		information. The Illinois State Police must promulgate rules
8		in accordance with the Illinois Administrative Procedure Act
9		to implement this subsection (b) and those rules must include
10		procedures to ensure that the information in the database is
11		accurate.
12		(c) The Illinois State Police must develop and conduct
13		training to educate all those entities involved in the
14		Murderer and Violent Offender Against Youth Registration
15		Program.
16		(d) The Illinois State Police shall commence the duties
17		prescribed in the Murderer and Violent Offender Against Youth
18		Registration Act within 12 months after the effective date of
19		this Act.
20		(e) The Illinois State Police shall collect and annually
21		report, on or before December 31 of each year, the following
22		information, making it publicly accessible on the Illinois
23		State Police website:
24		(1) the number of registrants;
25		(2) the number of registrants currently registered for
26		each offense requiring registration; and

HB5501 Engrossed - 2570 - LRB102 24698 AMC 33937 b
1		(3) biographical data, such as age of the registrant,
2		race of the registrant, and age of the victim.
3		(Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)
4		(730 ILCS 154/95)
5		Sec. 95. Community notification of violent offenders
6		against youth.
7		(a) The sheriff of the county, except Cook County, shall
8		disclose to the following the name, address, date of birth,
9		place of employment, school attended, and offense or
10		adjudication of all violent offenders against youth required
11		to register under Section 10 of this Act:
12		(1) The boards of institutions of higher education or
13		other appropriate administrative offices of each nonpublic
14		non-public institution of higher education located in the
15		county where the violent offender against youth is
16		required to register, resides, is employed, or is
17		attending an institution of higher education; and
18		(2) School boards of public school districts and the
19		principal or other appropriate administrative officer of
20		each nonpublic school located in the county where the
21		violent offender against youth is required to register or
22		is employed; and
23		(3) Child care facilities located in the county where
24		the violent offender against youth is required to register
25		or is employed; and

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1		(4) Libraries located in the county where the violent
2		offender against youth is required to register or is
3		employed.
4		(a-2) The sheriff of Cook County shall disclose to the
5		following the name, address, date of birth, place of
6		employment, school attended, and offense or adjudication of
7		all violent offenders against youth required to register under
8		Section 10 of this Act:
9		(1) School boards of public school districts and the
10		principal or other appropriate administrative officer of
11		each nonpublic school located within the region of Cook
12		County, as those public school districts and nonpublic
13		schools are identified in LEADS, other than the City of
14		Chicago, where the violent offender against youth is
15		required to register or is employed; and
16		(2) Child care facilities located within the region of
17		Cook County, as those child care facilities are identified
18		in LEADS, other than the City of Chicago, where the
19		violent offender against youth is required to register or
20		is employed; and
21		(3) The boards of institutions of higher education or
22		other appropriate administrative offices of each nonpublic
23		non-public institution of higher education located in the
24		county, other than the City of Chicago, where the violent
25		offender against youth is required to register, resides,
26		is employed, or attending an institution of higher

HB5501 Engrossed - 2572 - LRB102 24698 AMC 33937 b
1		education; and
2		(4) Libraries located in the county, other than the
3		City of Chicago, where the violent offender against youth
4		is required to register, resides, is employed, or is
5		attending an institution of higher education.
6		(a-3) The Chicago Police Department shall disclose to the
7		following the name, address, date of birth, place of
8		employment, school attended, and offense or adjudication of
9		all violent offenders against youth required to register under
10		Section 10 of this Act:
11		(1) School boards of public school districts and the
12		principal or other appropriate administrative officer of
13		each nonpublic school located in the police district where
14		the violent offender against youth is required to register
15		or is employed if the offender is required to register or
16		is employed in the City of Chicago; and
17		(2) Child care facilities located in the police
18		district where the violent offender against youth is
19		required to register or is employed if the offender is
20		required to register or is employed in the City of
21		Chicago; and
22		(3) The boards of institutions of higher education or
23		other appropriate administrative offices of each nonpublic
24		non-public institution of higher education located in the
25		police district where the violent offender against youth
26		is required to register, resides, is employed, or

HB5501 Engrossed - 2573 - LRB102 24698 AMC 33937 b
1		attending an institution of higher education in the City
2		of Chicago; and
3		(4) Libraries located in the police district where the
4		violent offender against youth is required to register or
5		is employed if the offender is required to register or is
6		employed in the City of Chicago.
7		(a-4) The Illinois State Police shall provide a list of
8		violent offenders against youth required to register to the
9		Illinois Department of Children and Family Services.
10		(b) The Illinois State Police and any law enforcement
11		agency may disclose, in the Illinois State Police's
12		Department's or agency's discretion, the following information
13		to any person likely to encounter a violent offender against
14		youth:
15		(1) The offender's name, address, and date of birth.
16		(2) The offense for which the offender was convicted.
17		(3) The offender's photograph or other such
18		information that will help identify the violent offender
19		against youth.
20		(4) Offender employment information, to protect public
21		safety.
22		(c) The name, address, date of birth, and offense or
23		adjudication for violent offenders against youth required to
24		register under Section 10 of this Act shall be open to
25		inspection by the public as provided in this Section. Every
26		municipal police department shall make available at its

HB5501 Engrossed - 2574 - LRB102 24698 AMC 33937 b
1		headquarters the information on all violent offenders against
2		youth who are required to register in the municipality under
3		this Act. The sheriff shall also make available at his or her
4		headquarters the information on all violent offenders against
5		youth who are required to register under this Act and who live
6		in unincorporated areas of the county. Violent offender
7		against youth information must be made available for public
8		inspection to any person, no later than 72 hours or 3 business
9		days from the date of the request. The request must be made in
10		person, in writing, or by telephone. Availability must include
11		giving the inquirer access to a facility where the information
12		may be copied. A department or sheriff may charge a fee, but
13		the fee may not exceed the actual costs of copying the
14		information. An inquirer must be allowed to copy this
15		information in his or her own handwriting. A department or
16		sheriff must allow access to the information during normal
17		public working hours. The sheriff or a municipal police
18		department may publish the photographs of violent offenders
19		against youth where any victim was 13 years of age or younger
20		and who are required to register in the municipality or county
21		under this Act in a newspaper or magazine of general
22		circulation in the municipality or county or may disseminate
23		the photographs of those violent offenders against youth on
24		the Internet or on television. The law enforcement agency may
25		make available the information on all violent offenders
26		against youth residing within any county.

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1		(d) The Illinois State Police and any law enforcement
2		agency having jurisdiction may, in the Illinois State Police's
3		Department's or agency's discretion, place the information
4		specified in subsection (b) on the Internet or in other media.
5		(Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)
6		(730 ILCS 154/100)
7		Sec. 100. Notification regarding juvenile offenders.
8		(a) The Illinois State Police and any law enforcement
9		agency having jurisdiction may, in the Illinois State Police's
10		Department's or agency's discretion, only provide the
11		information specified in subsection (b) of Section 95, with
12		respect to an adjudicated juvenile delinquent, to any person
13		when that person's safety may be compromised for some reason
14		related to the juvenile violent offender against youth.
15		(b) The local law enforcement agency having jurisdiction
16		to register the juvenile violent offender against youth shall
17		ascertain from the juvenile violent offender against youth
18		whether the juvenile violent offender against youth is
19		enrolled in school; and if so, shall provide a copy of the
20		violent offender against youth registration form only to the
21		principal or chief administrative officer of the school and
22		any school counselor designated by him or her. The
23		registration form shall be kept separately from any and all
24		school records maintained on behalf of the juvenile violent
25		offender against youth.

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1		(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
2		revised 10-20-21.)
3		(730 ILCS 154/105)
4		Sec. 105. Special alerts. A law enforcement agency having
5		jurisdiction may provide to the public a special alert list
6		warning parents to be aware that violent offenders against
7		youth may attempt to contact children during holidays
8		involving children, such as Halloween, Christmas, and Easter
9		and informing parents that information containing the names
10		and addresses of registered violent offenders against youth
11		are accessible on the Internet by means of a hyperlink labeled
12		"Violent Offender Against Youth Information" on the Illinois
13		Department of State Police's World Wide Web home page and are
14		available for public inspection at the agency's headquarters.
15		(Source: P.A. 94-945, eff. 6-27-06; revised 11-24-21.)
16		Section 670. The No Representation Without Population Act
17		is amended by changing Sections 2-1 and 2-10 as follows:
18		(730 ILCS 205/2-1)
19		(This Section may contain text from a Public Act with a
20		delayed effective date)
21		Sec. 2-1. Short title. This Article Act may be cited as the
22		No Representation Without Population Act. References in this
23		Article to "this Act" mean this Article.

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1		(Source: P.A. 101-652, eff. 1-1-25; revised 12-2-21.)
2		(730 ILCS 205/2-10)
3		Sec. 2-10. Reports to the State Board of Elections.
4		(a) Within 30 days after the effective date of this Act,
5		and thereafter, on or before May 1 of each year in which where
6		the federal decennial census is taken but in which the United
7		States Bureau of the Census allocates incarcerated persons as
8		residents of correctional facilities, the Department shall
9		deliver to the State Board of Elections the following
10		information:
11		(1) A unique identifier, not including the name or
12		Department-assigned inmate number, for each incarcerated
13		person subject to the jurisdiction of the Department on
14		the date for which the decennial census reports
15		population. The unique identifier shall enable the State
16		Board of Elections to address inquiries about specific
17		address records to the Department, without making it
18		possible for anyone outside of the Department to identify
19		the inmate to whom the address record pertains.
20		(2) The street address of the correctional facility
21		where the person was incarcerated at the time of the
22		report.
23		(3) The last known address of the person prior to
24		incarceration or other legal residence, if known.
25		(4) The person's race, whether the person is of

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1		Hispanic or Latino origin, and whether the person is age
2		18 or older, if known.
3		(5) Any additional information as the State Board of
4		Elections may request pursuant to law.
5		(b) The Department shall provide the information specified
6		in subsection (a) in the form that the State Board of Elections
7		shall specify.
8		(c) Notwithstanding any other provision of law, the
9		information required to be provided to the State Board of
10		Elections pursuant to this Section shall not include the name
11		of any incarcerated person and shall not allow for the
12		identification of any person therefrom, except to the
13		Department. The information shall be treated as confidential
14		and shall not be disclosed by the State Board of Elections
15		except as redistricting data aggregated by census block for
16		purposes specified in Section 2-20.
17		(Source: P.A. 101-652, eff. 1-1-25; revised 12-2-21.)
18		Section 675. The Code of Civil Procedure is amended by
19		changing Sections 2-1401 and 21-103 as follows:
20		(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
21		Sec. 2-1401. Relief from judgments.
22		(a) Relief from final orders and judgments, after 30 days
23		from the entry thereof, may be had upon petition as provided in
24		this Section. Writs of error coram nobis and coram vobis,

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1		bills of review, and bills in the nature of bills of review are
2		abolished. All relief heretofore obtainable and the grounds
3		for such relief heretofore available, whether by any of the
4		foregoing remedies or otherwise, shall be available in every
5		case, by proceedings hereunder, regardless of the nature of
6		the order or judgment from which relief is sought or of the
7		proceedings in which it was entered. Except as provided in the
8		Illinois Parentage Act of 2015, there shall be no distinction
9		between actions and other proceedings, statutory or otherwise,
10		as to availability of relief, grounds for relief, or the
11		relief obtainable.
12		(b) The petition must be filed in the same proceeding in
13		which the order or judgment was entered but is not a
14		continuation thereof. The petition must be supported by an
15		affidavit or other appropriate showing as to matters not of
16		record. A petition to reopen a foreclosure proceeding must
17		include as parties to the petition, but is not limited to, all
18		parties in the original action in addition to the current
19		record title holders of the property, current occupants, and
20		any individual or entity that had a recorded interest in the
21		property before the filing of the petition. All parties to the
22		petition shall be notified as provided by rule.
23		(b-5) A movant may present a meritorious claim under this
24		Section if the allegations in the petition establish each of
25		the following by a preponderance of the evidence:
26		(1) the movant was convicted of a forcible felony;

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1		(2) the movant's participation in the offense was
2		related to him or her previously having been a victim of
3		domestic violence as perpetrated by an intimate partner;
4		(3) no evidence of domestic violence against the
5		movant was presented at the movant's sentencing hearing;
6		(4) the movant was unaware of the mitigating nature of
7		the evidence of the domestic violence at the time of
8		sentencing and could not have learned of its significance
9		sooner through diligence; and
10		(5) the new evidence of domestic violence against the
11		movant is material and noncumulative to other evidence
12		offered at the sentencing hearing, and is of such a
13		conclusive character that it would likely change the
14		sentence imposed by the original trial court.
15		Nothing in this subsection (b-5) shall prevent a movant
16		from applying for any other relief under this Section or any
17		other law otherwise available to him or her.
18		As used in this subsection (b-5):
19		"Domestic violence" means abuse as defined in Section
20		103 of the Illinois Domestic Violence Act of 1986.
21		"Forcible felony" has the meaning ascribed to the term
22		in Section 2-8 of the Criminal Code of 2012.
23		"Intimate partner" means a spouse or former spouse,
24		persons who have or allegedly have had a child in common,
25		or persons who have or have had a dating or engagement
26		relationship.

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1		(b-10) A movant may present a meritorious claim under this
2		Section if the allegations in the petition establish each of
3		the following by a preponderance of the evidence:
4		(A) she was convicted of a forcible felony;
5		(B) her participation in the offense was a direct
6		result of her suffering from post-partum depression or
7		post-partum psychosis;
8		(C) no evidence of post-partum depression or
9		post-partum psychosis was presented by a qualified medical
10		person at trial or sentencing, or both;
11		(D) she was unaware of the mitigating nature of the
12		evidence or, if aware, was at the time unable to present
13		this defense due to suffering from post-partum depression
14		or post-partum psychosis, or, at the time of trial or
15		sentencing, neither was a recognized mental illness and as
16		such, she was unable to receive proper treatment; and
17		(E) evidence of post-partum depression or post-partum
18		psychosis as suffered by the person is material and
19		noncumulative to other evidence offered at the time of
20		trial or sentencing, and it is of such a conclusive
21		character that it would likely change the sentence imposed
22		by the original court.
23		Nothing in this subsection (b-10) prevents a person from
24		applying for any other relief under this Article or any other
25		law otherwise available to her.
26		As used in this subsection (b-10):

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1		"Post-partum depression" means a mood disorder which
2		strikes many women during and after pregnancy and usually
3		occurs during pregnancy and up to 12 months after
4		delivery. This depression can include anxiety disorders.
5		"Post-partum psychosis" means an extreme form of
6		post-partum depression which can occur during pregnancy
7		and up to 12 months after delivery. This can include
8		losing touch with reality, distorted thinking, delusions,
9		auditory and visual hallucinations, paranoia,
10		hyperactivity and rapid speech, or mania.
11		(c) Except as provided in Section 20b of the Adoption Act
12		and Section 2-32 of the Juvenile Court Act of 1987, or in a
13		petition based upon Section 116-3 of the Code of Criminal
14		Procedure of 1963 or subsection (b-10) of this Section, or in a
15		motion to vacate and expunge convictions under the Cannabis
16		Control Act as provided by subsection (i) of Section 5.2 of the
17		Criminal Identification Act, the petition must be filed not
18		later than 2 years after the entry of the order or judgment.
19		Time during which the person seeking relief is under legal
20		disability or duress or the ground for relief is fraudulently
21		concealed shall be excluded in computing the period of 2
22		years.
23		(c-5) Any individual may at any time file a petition and
24		institute proceedings under this Section, if his or her final
25		order or judgment, which was entered based on a plea of guilty
26		or nolo contendere, has potential consequences under federal

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1		immigration law.
2		(d) The filing of a petition under this Section does not
3		affect the order or judgment, or suspend its operation.
4		(e) Unless lack of jurisdiction affirmatively appears from
5		the record proper, the vacation or modification of an order or
6		judgment pursuant to the provisions of this Section does not
7		affect the right, title, or interest in or to any real or
8		personal property of any person, not a party to the original
9		action, acquired for value after the entry of the order or
10		judgment but before the filing of the petition, nor affect any
11		right of any person not a party to the original action under
12		any certificate of sale issued before the filing of the
13		petition, pursuant to a sale based on the order or judgment.
14		When a petition is filed pursuant to this Section to reopen a
15		foreclosure proceeding, notwithstanding the provisions of
16		Section 15-1701 of this Code, the purchaser or successor
17		purchaser of real property subject to a foreclosure sale who
18		was not a party to the mortgage foreclosure proceedings is
19		entitled to remain in possession of the property until the
20		foreclosure action is defeated or the previously foreclosed
21		defendant redeems from the foreclosure sale if the purchaser
22		has been in possession of the property for more than 6 months.
23		(f) Nothing contained in this Section affects any existing
24		right to relief from a void order or judgment, or to employ any
25		existing method to procure that relief.
26		(Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19;

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1		102-639, eff. 8-27-21; revised 11-24-21.)
2		(735 ILCS 5/21-103)
3		(Text of Section before amendment by P.A. 101-652)
4		Sec. 21-103. Notice by publication.
5		(a) Previous notice shall be given of the intended
6		application by publishing a notice thereof in some newspaper
7		published in the municipality in which the person resides if
8		the municipality is in a county with a population under
9		2,000,000, or if the person does not reside in a municipality
10		in a county with a population under 2,000,000, or if no
11		newspaper is published in the municipality or if the person
12		resides in a county with a population of 2,000,000 or more,
13		then in some newspaper published in the county where the
14		person resides, or if no newspaper is published in that
15		county, then in some convenient newspaper published in this
16		State. The notice shall be inserted for 3 consecutive weeks
17		after filing, the first insertion to be at least 6 weeks before
18		the return day upon which the petition is to be heard, and
19		shall be signed by the petitioner or, in case of a minor, the
20		minor's parent or guardian, and shall set forth the return day
21		of court on which the petition is to be heard and the name
22		sought to be assumed.
23		(b) The publication requirement of subsection (a) shall
24		not be required in any application for a change of name
25		involving a minor if, before making judgment under this

HB5501 Engrossed - 2585 - LRB102 24698 AMC 33937 b
1		Article, reasonable notice and opportunity to be heard is
2		given to any parent whose parental rights have not been
3		previously terminated and to any person who has physical
4		custody of the child. If any of these persons are outside this
5		State, notice and opportunity to be heard shall be given under
6		Section 21-104.
7		(b-3) The publication requirement of subsection (a) shall
8		not be required in any application for a change of name
9		involving a person who has received a judgment for dissolution
10		of marriage or declaration of invalidity of marriage and
11		wishes to change his or her name to resume the use of his or
12		her former or maiden name.
13		(b-5) Upon motion, the court may issue an order directing
14		that the notice and publication requirement be waived for a
15		change of name involving a person who files with the court a
16		written declaration that the person believes that publishing
17		notice of the name change would put the person at risk of
18		physical harm or discrimination. The person must provide
19		evidence to support the claim that publishing notice of the
20		name change would put the person at risk of physical harm or
21		discrimination.
22		(c) The Director of the Illinois State Police or his or her
23		designee may apply to the circuit court for an order directing
24		that the notice and publication requirements of this Section
25		be waived if the Director or his or her designee certifies that
26		the name change being sought is intended to protect a witness

HB5501 Engrossed - 2586 - LRB102 24698 AMC 33937 b
1		during and following a criminal investigation or proceeding.
2		(c-1) The court may enter a written order waiving the
3		publication requirement of subsection (a) if:
4		(i) the petitioner is 18 years of age or older; and
5		(ii) concurrent with the petition, the petitioner
6		files with the court a statement, verified under oath as
7		provided under Section 1-109 of this Code, attesting that
8		the petitioner is or has been a person protected under the
9		Illinois Domestic Violence Act of 1986, the Stalking No
10		Contact Order Act, the Civil No Contact Order Act, Article
11		112A of the Code of Criminal Procedure of 1963, a
12		condition of bail under subsections (b) through (d) of
13		Section 110-10 of the Code of Criminal Procedure of 1963,
14		or a similar provision of a law in another state or
15		jurisdiction.
16		The petitioner may attach to the statement any supporting
17		documents, including relevant court orders.
18		(c-2) If the petitioner files a statement attesting that
19		disclosure of the petitioner's address would put the
20		petitioner or any member of the petitioner's family or
21		household at risk or reveal the confidential address of a
22		shelter for domestic violence victims, that address may be
23		omitted from all documents filed with the court, and the
24		petitioner may designate an alternative address for service.
25		(c-3) Court administrators may allow domestic abuse
26		advocates, rape crisis advocates, and victim advocates to

HB5501 Engrossed - 2587 - LRB102 24698 AMC 33937 b
1		assist petitioners in the preparation of name changes under
2		subsection (c-1).
3		(c-4) If the publication requirements of subsection (a)
4		have been waived, the circuit court shall enter an order
5		impounding the case.
6		(d) The maximum rate charged for publication of a notice
7		under this Section may not exceed the lowest classified rate
8		paid by commercial users for comparable space in the newspaper
9		in which the notice appears and shall include all cash
10		discounts, multiple insertion discounts, and similar benefits
11		extended to the newspaper's regular customers.
12		(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
13		102-538, eff. 8-20-21.)
14		(Text of Section after amendment by P.A. 101-652)
15		Sec. 21-103. Notice by publication.
16		(a) Previous notice shall be given of the intended
17		application by publishing a notice thereof in some newspaper
18		published in the municipality in which the person resides if
19		the municipality is in a county with a population under
20		2,000,000, or if the person does not reside in a municipality
21		in a county with a population under 2,000,000, or if no
22		newspaper is published in the municipality or if the person
23		resides in a county with a population of 2,000,000 or more,
24		then in some newspaper published in the county where the
25		person resides, or if no newspaper is published in that

HB5501 Engrossed - 2588 - LRB102 24698 AMC 33937 b
1		county, then in some convenient newspaper published in this
2		State. The notice shall be inserted for 3 consecutive weeks
3		after filing, the first insertion to be at least 6 weeks before
4		the return day upon which the petition is to be heard, and
5		shall be signed by the petitioner or, in case of a minor, the
6		minor's parent or guardian, and shall set forth the return day
7		of court on which the petition is to be heard and the name
8		sought to be assumed.
9		(b) The publication requirement of subsection (a) shall
10		not be required in any application for a change of name
11		involving a minor if, before making judgment under this
12		Article, reasonable notice and opportunity to be heard is
13		given to any parent whose parental rights have not been
14		previously terminated and to any person who has physical
15		custody of the child. If any of these persons are outside this
16		State, notice and opportunity to be heard shall be given under
17		Section 21-104.
18		(b-3) The publication requirement of subsection (a) shall
19		not be required in any application for a change of name
20		involving a person who has received a judgment for dissolution
21		of marriage or declaration of invalidity of marriage and
22		wishes to change his or her name to resume the use of his or
23		her former or maiden name.
24		(b-5) Upon motion, the court may issue an order directing
25		that the notice and publication requirement be waived for a
26		change of name involving a person who files with the court a

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1		written declaration that the person believes that publishing
2		notice of the name change would put the person at risk of
3		physical harm or discrimination. The person must provide
4		evidence to support the claim that publishing notice of the
5		name change would put the person at risk of physical harm or
6		discrimination.
7		(c) The Director of the Illinois State Police or his or her
8		designee may apply to the circuit court for an order directing
9		that the notice and publication requirements of this Section
10		be waived if the Director or his or her designee certifies that
11		the name change being sought is intended to protect a witness
12		during and following a criminal investigation or proceeding.
13		(c-1) The court may enter a written order waiving the
14		publication requirement of subsection (a) if:
15		(i) the petitioner is 18 years of age or older; and
16		(ii) concurrent with the petition, the petitioner
17		files with the court a statement, verified under oath as
18		provided under Section 1-109 of this Code, attesting that
19		the petitioner is or has been a person protected under the
20		Illinois Domestic Violence Act of 1986, the Stalking No
21		Contact Order Act, the Civil No Contact Order Act, Article
22		112A of the Code of Criminal Procedure of 1963, a
23		condition of pretrial release under subsections (b)
24		through (d) of Section 110-10 of the Code of Criminal
25		Procedure of 1963, or a similar provision of a law in
26		another state or jurisdiction.

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1		The petitioner may attach to the statement any supporting
2		documents, including relevant court orders.
3		(c-2) If the petitioner files a statement attesting that
4		disclosure of the petitioner's address would put the
5		petitioner or any member of the petitioner's family or
6		household at risk or reveal the confidential address of a
7		shelter for domestic violence victims, that address may be
8		omitted from all documents filed with the court, and the
9		petitioner may designate an alternative address for service.
10		(c-3) Court administrators may allow domestic abuse
11		advocates, rape crisis advocates, and victim advocates to
12		assist petitioners in the preparation of name changes under
13		subsection (c-1).
14		(c-4) If the publication requirements of subsection (a)
15		have been waived, the circuit court shall enter an order
16		impounding the case.
17		(d) The maximum rate charged for publication of a notice
18		under this Section may not exceed the lowest classified rate
19		paid by commercial users for comparable space in the newspaper
20		in which the notice appears and shall include all cash
21		discounts, multiple insertion discounts, and similar benefits
22		extended to the newspaper's regular customers.
23		(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
24		101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised
25		10-12-21.)

HB5501 Engrossed - 2591 - LRB102 24698 AMC 33937 b
1		Section 680. The Eminent Domain Act is amended by setting
2		forth, renumbering, and changing multiple versions of Section
3		25-5-80 as follows:
4		(735 ILCS 30/25-5-80)
5		(Section scheduled to be repealed on April 2, 2024)
6		Sec. 25-5-80. Quick-take; City of Woodstock; Madison
7		Street, South Street, and Lake Avenue.
8		(a) Quick-take proceedings under Article 20 may be used
9		for a period of no more than 2 years after April 2, 2021 (the
10		effective date of Public Act 101-665) this amendatory Act of
11		the 101st General Assembly by Will County for the acquisition
12		of the following described property for the purpose of the
13		80th Avenue Improvements project:
14		Route: 80th Avenue (CH 83)
15		Section: 06-00122-16-FB
16		County: Will
17		Job No.: R-55-001-97
18		Parcel No.: 0001A Station 76+09.95 To Station 80+90.00
19		Index No.: 19-09-02-400-012
20		Parcel 0001A
21		That part of the Southeast Quarter of the Southeast
22		Quarter of Section 2, all in Township 35 North, Range 12

HB5501 Engrossed - 2592 - LRB102 24698 AMC 33937 b
1		East of the Third Principal Meridian, in Will County,
2		Illinois, bearings and distances based on the Illinois
3		Sate Plane Coordinate System, East Zone, NAD 83 (2011
4		Adjustment) with a combined scale factor of 0.9999641157
5		described as follows:
6		Commencing at the southeast corner of said Section 2;
7		thence North 01 degree 44 minutes 58 seconds West on the
8		east line of said Southeast Quarter, 69.28 feet to the
9		north right of way line of 191st Street as described in
10		Document No. R94-114863; thence South 88 degrees 15
11		minutes 02 seconds West, on said north right of way line,
12		50.29 feet to the west right of way line of 80th Avenue per
13		Document No. R66-13830, and to the Point of Beginning;
14		thence continuing South 88 degrees 15 minutes 02 seconds
15		West, on said north right of way line, 10.14 feet to an
16		angle point in said north right of way line; thence South
17		43 degrees 24 minutes 14 seconds West, on said north right
18		of way line, 27.67 feet to an angle point in said north
19		right of way line; thence South 88 degrees 24 minutes 14
20		seconds West, on said north right of way line, 1038.30
21		feet; thence North 01 degree 36 minutes 18 seconds West,
22		6.27 feet; thence North 87 degrees 57 minutes 50 seconds
23		East, 930.35 feet to a point 63.00 feet North of, as
24		measured perpendicular to, the south line of said
25		Southeast Quarter; thence North 50 degrees 35 minutes 39

HB5501 Engrossed - 2593 - LRB102 24698 AMC 33937 b
1		seconds East, 117.47 feet to the west line of the East
2		95.00 feet of said Southeast Quarter; thence North 01
3		degree 44 minutes 58 seconds West, on said west line,
4		304.58 feet; thence North 88 degrees 15 minutes 28 seconds
5		East, 10.00 feet to the west line of the East 85.00 feet of
6		said Southeast Quarter; thence North 01 degree 44 minutes
7		58 seconds West, on said west line, 90.00 feet; thence
8		North 88 degrees 15 minutes 26 seconds East, 20.89 feet to
9		the west right of way line of 80th Avenue per Document No.
10		R66-13830; thence South 03 degrees 28 minutes 04 seconds
11		East, on said west right of way line, 460.75 feet to the
12		Point of Beginning.
13		Said parcel containing 0.706 acre, more or less.
14		Route: 80th Avenue (CH 83)
15		Section: 06-00122-16-FP
16		County: Will
17		Job No.: R-55-001-97
18		Parcel No.: 0001B Station 88+00.00 To Station 88+89.62
19		Index No.: 19-09-02-400-012
20		Parcel 0001B
21		That part of the Southeast Quarter of the Southeast
22		Quarter of Section 2, all in Township 35 North, Range 12

HB5501 Engrossed - 2594 - LRB102 24698 AMC 33937 b
1		East of the Third Principal Meridian, in Will County,
2		Illinois, bearings and distances based on the Illinois
3		Sate Plane Coordinate System, East Zone, NAD 83 (2011
4		Adjustment) with a combined scale factor of 0.9999641157
5		described as follows:
6		Beginning at the intersection of the north line of the
7		Southeast Quarter of said Southeast Quarter with the west
8		right of way line of 80th Avenue per Document No.
9		R66-13830; thence South 01 degree 44 minutes 58 seconds
10		East, on said west right of way line, 89.60 feet; thence
11		South 88 degrees 15 minutes 29 seconds West, 6.78 feet;
12		thence North 02 degrees 31 minutes 36 seconds West, 89.63
13		feet to the north line of the Southeast Quarter of said
14		Southeast Quarter; thence North 88 degrees 26 minutes 40
15		seconds East, on said north line, 8.00 feet to the Point of
16		Beginning.
17		Said parcel containing 0.015 acre, more or less.
18		Route: 80th Avenue (CH 83)
19		Section: 06-00122-16-FP
20		County: Will
21		Job No.: R-55-001-97
22		Parcel No.: 0001TE-A Station 88+00.00 To Station 88+89.64
23		Index No.: 19-09-02-400-012

HB5501 Engrossed - 2595 - LRB102 24698 AMC 33937 b
1		Parcel 0001TE-A
2		That part of the Southeast Quarter of the Southeast
3		Quarter of Section 2, all in Township 35 North, Range 12
4		East of the Third Principal Meridian, in Will County,
5		Illinois, bearings and distances based on the Illinois
6		Sate Plane Coordinate System, East Zone, NAD 83 (2011
7		Adjustment) with a combined scale factor of 0.9999641157
8		described as follows:
9		Beginning at a point on the north line of the Southeast
10		Quarter of said Southeast Quarter that is 88.00 feet West
11		of, the east line of said Southeast Quarter, as measured
12		on said north line; thence South 02 degrees 31 minutes 36
13		seconds East, 89.63 feet; thence South 88 degrees 15
14		minutes 29 seconds West, 5.00 feet; thence North 02
15		degrees 31 minutes 36 seconds West, 89.65 feet to the
16		north line of the Southeast Quarter of said Southeast
17		Quarter; thence North 88 degrees 26 minutes 40 seconds
18		East, on said north line, 5.00 feet to the Point of
19		Beginning.
20		Said parcel containing 0.010 acre, more or less.
21		Route: 80th Avenue (CH 83)

HB5501 Engrossed - 2596 - LRB102 24698 AMC 33937 b
1		Section: 06-00122-16-FP
2		County: Will
3		Job No.: R-55-001-97
4		Parcel No.: 0001TE-B Station 82+99.90 To Station 88+00.00
5		Index No.: 19-09-02-400-012
6		Parcel 0001TE-B
7		That part of the Southeast Quarter of the Southeast
8		Quarter of Section 2, all in Township 35 North, Range 12
9		East of the Third Principal Meridian, in Will County,
10		Illinois, bearings and distances based on the Illinois
11		Sate Plane Coordinate System, East Zone, NAD 83 (2011
12		Adjustment) with a combined scale factor of 0.9999641157
13		described as follows:
14		Commencing at the Southeast corner of said Section 2;
15		thence North 01 degree 44 minutes 58 seconds West, on the
16		east line of said Southeast Quarter, 69.28 feet to the
17		north right of way line of 191st Street as described in
18		Document No. R94-114863; thence South 88 degrees 15
19		minutes 02 seconds West, on said north right of way line,
20		50.29 feet to the west right of way line of 80th Avenue per
21		Document No. R66-13830; thence North 03 degrees 28 minutes
22		04 seconds West, on said west right of way line, 670.74
23		feet to the Point of Beginning; thence South 88 degrees 15

HB5501 Engrossed - 2597 - LRB102 24698 AMC 33937 b
1		minutes 02 seconds West, 9.59 feet; thence North 02
2		degrees 31 minutes 36 seconds West, 500.15 feet; thence
3		North 88 degrees 15 minutes 29 seconds East, 6.78 feet to
4		said west right of way line; thence South 01 degree 44
5		minutes 58 seconds East, on said west right of way line,
6		180.42 feet to an angle point in said west right of way
7		line; thence South 03 degrees 28 minutes 04 seconds East,
8		on said west right of way line, 319.82 feet to the Point of
9		Beginning.
10		Said parcel containing 0.074 acre, more or less.
11		Route: 80th Avenue (CH 83)
12		Section: 06-00122-16-FP
13		County: Will
14		Job No.: R-55-001-97
15		Parcel No.: 0001TE-C Station 76+91.56 To Station 81+34.98
16		Index No.: 19-09-02-400-012
17		Parcel 0001TE-C
18		That part of the Southeast Quarter of the Southeast
19		Quarter of Section 2, all in Township 35 North, Range 12
20		East of the Third Principal Meridian, in Will County,
21		Illinois, bearings and distances based on the Illinois
22		Sate Plane Coordinate System, East Zone, NAD 83 (2011

HB5501 Engrossed - 2598 - LRB102 24698 AMC 33937 b
1		Adjustment) with a combined scale factor of 0.9999641157
2		described as follows:
3		Commencing at the Southeast corner of said Section 2;
4		thence North 01 degree 44 minutes 58 seconds West, on the
5		east line of said Southeast Quarter, 69.28 feet to the
6		north right of way line of 191st Street as described in
7		Document No. R94-114863; thence South 88 degrees 15
8		minutes 02 seconds West, on said north right of way line,
9		50.29 feet to the west right of way line of 80th Avenue per
10		Document No. R66-13830; thence North 03 degrees 28 minutes
11		04 seconds West, on said west right of way line, 460.75
12		feet to the Point of Beginning; thence South 88 degrees 15
13		minutes 26 seconds West, 20.89 feet to the west line of the
14		East 85.00 feet of said Southeast Quarter; thence South 01
15		degree 44 minutes 58 seconds East, on said west line,
16		90.00 feet; thence South 88 degrees 15 minutes 28 seconds
17		West, 10.00 feet to the west line of the East 95.00 feet of
18		said Southeast Quarter; thence South 01 degree 44 minutes
19		58 seconds East, on said west line, 304.58 feet; thence
20		South 50 degrees 35 minutes 39 seconds West, 6.32 feet to
21		the west line of the East 100.00 feet of said Southeast
22		Quarter; thence North 01 degree 44 minutes 58 seconds
23		West, on said west line, 313.44 feet; thence North 88
24		degrees 15 minutes 28 seconds East, 10.00 feet to the west
25		line of the east 90.00 feet of said Southeast Quarter;

HB5501 Engrossed - 2599 - LRB102 24698 AMC 33937 b
1		thence North 01 degree 44 minutes 58 seconds West, on said
2		west line, 96.19 feet; thence South 88 degrees 15 minutes
3		35 seconds West, 9.50 feet to the west line of the East
4		99.50 feet of said Southeast Quarter; thence North 01
5		degree 44 minutes 58 seconds West, on said west line,
6		33.80 feet; thence North 88 degrees 15 minutes 25 seconds
7		East, 34.04 feet to the west right of way line of 80th
8		Avenue per Document No. R66-13830; thence South 03 degrees
9		28 minutes 04 seconds East, on said west right of way line,
10		45.00 feet to the Point of Beginning.
11		Said parcel containing 0.080 acre, more or less.
12		Route: 80th Avenue (CH 83)
13		Section: 06-00122-16-FP
14		County: Will
15		Job No.: R-55-001-97
16		Parcel No.: 0002 Station 76+09.53 To Station 89+10.71
17		Index No.: 19-09-01-300-024
18		Parcel 0002
19		That part of the Southwest Quarter of the Southwest
20		Quarter of Section 1, also 2/3rds of an acre off the south
21		end of the Northwest Quarter of the Southwest Quarter of
22		Section 1, Township 35 North, Range 12 East of the Third

HB5501 Engrossed - 2600 - LRB102 24698 AMC 33937 b
1		Principal Meridian, in Will County, Illinois, bearings and
2		distances based on the Illinois State Plane Coordinate
3		System, East Zone, NAD 83 (2011 Adjustment) with a
4		combined scale factor of 0.9999641157 described as
5		follows:
6		Commencing at the southwest corner of said Section 1;
7		thence North 01 degree 44 minutes 58 seconds West, on the
8		west line of said Southwest Quarter, 68.94 feet to the
9		north right of way line of 191st Street as described in
10		Document No. R94-114861; thence North 88 degrees 15
11		minutes 02 seconds East, on said north right of way line,
12		50.33 feet to the east right of way line of 80th Avenue per
13		Document No. R66-13830, and to the Point of Beginning;
14		thence North 00 degrees 15 minutes 19 seconds East, on
15		said east right of way line, 991.07 feet to an angle point
16		in said east right of way line; thence North 01 degree 44
17		minutes 58 seconds West, on said east right of way line,
18		291.11 feet to the north line of the South 2/3rd of an
19		acre, of the northwest quarter of said Southwest Quarter;
20		thence North 88 degrees 30 minutes 01 second East, on said
21		north line, 27.00 feet to the east line of the West 112.00
22		feet of said Southwest Quarter; thence South 01 degree 44
23		minutes 58 seconds East, on said east line, 195.59 feet;
24		thence South 88 degrees 15 minutes 27 seconds West, 16.00
25		feet to the east line of the West 96.00 feet of said

HB5501 Engrossed - 2601 - LRB102 24698 AMC 33937 b
1		Southwest Quarter; thence South 01 degree 44 minutes 58
2		seconds East, on said east line, 240.00 feet; thence South
3		88 degrees 15 minutes 27 seconds West, 5.00 feet to the
4		east line of the West 91.00 feet of said Southwest
5		Quarter; thence South 01 degree 44 minutes 58 seconds
6		East, on said east line, 151.34 feet; thence South 88
7		degrees 15 minutes 36 seconds West, 11.00 feet to the east
8		line of the West 80.00 feet of said Southwest Quarter;
9		thence South 01 degree 44 minutes 58 seconds East, on said
10		east line, 323.66 feet; thence North 88 degrees 15 minutes
11		29 seconds East, 5.00 feet to the east line of the West
12		85.00 feet of said Southwest Quarter; thence South 01
13		degree 44 minutes 58 seconds East, on said east line,
14		251.00 feet; thence North 88 degrees 15 minutes 08 seconds
15		East, 6.00 feet; thence South 24 degrees 56 minute 10
16		seconds East, 124.46 feet to the north line of the South
17		75.00 feet of said Southwest Quarter; thence North 88
18		degrees 29 minutes 57 seconds East, on said north line,
19		376.67 feet; thence South 84 degrees 46 minutes 29 seconds
20		East, 183.57 feet to a point 53.50 feet North of, as
21		measured perpendicular to, the south line of said
22		Southwest Quarter; thence South 01 degree 30 minutes 03
23		seconds East, 2.85 feet to the north right of way line of
24		191st Street as described in Document No. R94-114861;
25		thence South 88 degrees 24 minutes 33 seconds West, on
26		said north right of way line, 618.63 feet to an angle point

HB5501 Engrossed - 2602 - LRB102 24698 AMC 33937 b
1		in said north right of way line; thence North 46 degrees 35
2		minutes 28 seconds West, on said north right of way line,
3		27.66 feet to an angle point in said north right of way
4		line; thence South 88 degrees 15 minutes 02 seconds West,
5		on said north right of way line, 10.40 feet to the Point of
6		Beginning.
7		Said parcel containing 0.951 acre, more or less.
8		Route: 80th Avenue (CH 83)
9		Section: 06-00122-16-FP
10		County: Will
11		Job No.: R-55-001-97
12		Parcel No.: 0002TE-A Station 77+49.00 To Station 81+30.94
13		Index No.: 19-09-01-300-024
14		Parcel 0002TE-A
15		That part of the Southwest Quarter of the Southwest
16		Quarter of Section 1, also 2/3rds of an acre off the south
17		end of the Northwest Quarter of the Southwest Quarter of
18		Section 1, Township 35 North, Range 12 East of the Third
19		Principal Meridian, in Will County, Illinois, bearings and
20		distances based on the Illinois State Plane Coordinate
21		System, East Zone, NAD 83 (2011 Adjustment) with a
22		combined scale factor of 0.9999641157 described as

HB5501 Engrossed - 2603 - LRB102 24698 AMC 33937 b
1		follows:
2		Commencing at the southwest corner of said Section 1;
3		thence North 01 degrees 44 minutes 58 seconds West, on the
4		west line of said Southwest Quarter, 68.94 feet to the
5		north right of way line of 191st Street as described in
6		Document No. R94-114861; thence North 88 degrees 15
7		minutes 02 seconds East, on said north right of way line,
8		50.33 feet to the east right of way line of 80th Avenue per
9		Document No. R66-13830; thence North 00 degrees 15 minutes
10		19 seconds East, on said east right of way line, 502.11
11		feet; thence North 88 degrees 15 minutes 36 seconds East,
12		12.10 feet to the Point of Beginning; thence continuing
13		North 88 degrees 15 minutes 36 seconds East, 11.00 feet to
14		the west line of the East 91.00 feet of said Southwest
15		Quarter; thence South 01 degree 44 minutes 58 seconds
16		East, on said east line, 381.94 feet; thence South 88
17		degrees 15 minutes 08 seconds West, 6.00 feet to the east
18		line of the West 85.00 feet of said Southwest Quarter;
19		thence North 01 degree 44 minutes 58 seconds West, on said
20		east line, 251.00 feet; thence South 88 degrees 15 minutes
21		29 seconds West, 5.00 feet to the east line of the West
22		80.00 feet of said Southwest Quarter; thence North 01
23		degree 44 minutes 58 seconds West, on said east line,
24		130.94 feet to the Point of Beginning.

HB5501 Engrossed - 2604 - LRB102 24698 AMC 33937 b
1		Said parcel containing 0.068 acre, more or less.
2		Route: 80th Avenue (CH 83)
3		Section: 06-00122-16-FP
4		County: Will
5		Job No.: R-55-001-97
6		Parcel No.: 0002TE-B Station 3023+00.64 To Station
7		3025+99.98
8		Index No.: 19-09-01-300-024
9		Parcel 0002TE-B
10		That part of the Southwest Quarter of the Southwest
11		Quarter of Section 1, also 2/3rds of an acre off the south
12		end of the Northwest Quarter of the Southwest Quarter of
13		Section 1, Township 35 North, Range 12 East of the Third
14		Principal Meridian, in Will County, Illinois, bearings and
15		distances based on the Illinois State Plane Coordinate
16		System, East Zone, NAD 83 (2011 Adjustment) with a
17		combined scale factor of 0.9999641157 described as
18		follows:
19		Commencing at the southwest corner of said Section 1;
20		thence North 88 degrees 29 minutes 57 seconds East, on the
21		south line of said Southwest Quarter, 698.65 feet; thence
22		North 01 degree 30 minutes 03 seconds West, perpendicular

HB5501 Engrossed - 2605 - LRB102 24698 AMC 33937 b
1		to said south line, 50.65 feet to the north right of way
2		line of 191st Street as described in Document No.
3		R94-114861, and to the Point of Beginning; thence
4		continuing North 01 degree 30 minutes 03 seconds West,
5		2.85 feet; thence North 88 degrees 13 minutes 47 seconds
6		East, 299.34 feet; thence South 01 degree 30 minutes 03
7		seconds East, 4.00 feet to the north right of way line of
8		191st Street per Document No. R2003-260494; thence South
9		88 degrees 29 minutes 57 seconds West, on said north right
10		of way line, 133.46 feet to the west line of said Document
11		No. R2003-260494; thence South 88 degrees 24 minutes 33
12		seconds West, on the north right of way line of 191st
13		Street per Document No. R94-114861, a distance of 165.89
14		feet to the Point of Beginning.
15		Said parcel containing 0.023 acre, more or less.
16		Route: 80th Avenue (CH 83)
17		Section: 06-00122-16-FP
18		County: Will
19		Job No.: R-55-001-97
20		Parcel No.: 0003 Station 88+89.50 To Station 91+36.65
21		Index No.: 19-09-02-402-003
22		Parcel 0003

HB5501 Engrossed - 2606 - LRB102 24698 AMC 33937 b
1		That part of Outlot A in 80th Avenue Industrial Center in
2		the east half of the Southeast Quarter of Section 2,
3		Township 35 North, Range 12 East of the Third Principal
4		Meridian, according to the plat thereof recorded May 27,
5		1976 as Document No. R1976-015768, Township of Frankfort,
6		Will County, Illinois, bearings and distances based on the
7		Illinois Sate Plane Coordinate System, East Zone, NAD 83
8		(2011 Adjustment) with a combined scale factor of
9		0.9999641157 described as follows:
10		Beginning at the southeast corner of said Outlot A; thence
11		South 88 degrees 26 minutes 40 seconds West, on the south
12		line of said Outlot A, 38.00 feet; thence North 22 degrees
13		20 minutes 14 seconds East, 66.16 feet to the west line of
14		the East 11.00 feet of said Outlot A; thence North 01
15		degree 44 minutes 58 seconds West, on said west line,
16		159.51 feet to a point 27.00 feet South of, as measured
17		perpendicular to, the south right of way line of 189th
18		Street; thence South 88 degrees 26 minutes 40 seconds
19		West, parallel with said south right of way line, 39.00
20		feet; thence North 01 degree 44 minutes 58 seconds West,
21		parallel with the east line of said Outlot A, 27.00 feet to
22		the south right of way line of 189th Street; thence North
23		88 degrees 26 minutes 40 seconds East, on said south right
24		of way line, 50.00 feet to the east line of said Outlot A;
25		thence South 01 degree 44 minutes 58 seconds East, on said

HB5501 Engrossed - 2607 - LRB102 24698 AMC 33937 b
1		east line, 246.99 feet to the Point of Beginning.
2		Said parcel containing 0.105 acre, more or less.
3		Route: 80th Avenue (CH 83)
4		Section: 06-00122-16-FP
5		County: Will
6		Job No.: R-55-001-97
7		Parcel No.: 0003TE Station 88+89.62 To Station 91+09.54
8		Index No.: 19-09-02-402-003
9		Parcel 0003TE
10		That part of Outlot A in 80th Avenue Industrial Center in
11		the east half of the Southeast Quarter of Section 2,
12		Township 35 North, Range 12 East of the Third Principal
13		Meridian, according to the plat thereof recorded May 27,
14		1976 as Document No. R1976-015768, Township of Frankfort,
15		Will County, Illinois, bearings and distances based on the
16		Illinois Sate Plane Coordinate System, East Zone, NAD 83
17		(2011 Adjustment) with a combined scale factor of
18		0.9999641157 described as follows:
19		Commencing at the southeast corner of said Outlot A;
20		thence South 88 degrees 26 minutes 40 seconds West, on the
21		south line of said Outlot A, 38.00 feet to the Point of

HB5501 Engrossed - 2608 - LRB102 24698 AMC 33937 b
1		Beginning; thence continuing South 88 degrees 26 minutes
2		40 seconds West, on said south line, 5.00 feet; thence
3		North 01 degrees 44 minutes 58 seconds West, parallel with
4		the east line of said Outlot A, a distance of 60.49 feet;
5		thence North 88 degrees 26minutes 40 seconds East, 27.00
6		feet to the west line of the East 16.00 feet of said Outlot
7		A; thence North 01 degree 44 minutes 58 seconds West, on
8		said west line, 159.51 feet to a point 27.00 feet South of,
9		as measured perpendicular to, the south right of way line
10		of 189th Street; thence North 88 degrees 26 minutes 40
11		seconds East, parallel to said south right of way line,
12		5.00 feet to the west line of the East 11.00 feet of said
13		Outlot A; thence South 01 degree 44 minutes 58 seconds
14		East, on said west line, 159.51 feet; thence South 22
15		degrees 20 minutes 14 seconds West, 66.16 feet to the
16		Point of Beginning.
17		Said parcel containing 0.044 acre, more or less.
18		Route: 80th Avenue (CH 83)
19		Section: 06-00122-16-FP
20		County: Will
21		Job No.: R-55-001-97
22		Parcel No.: 0004A Station 89+10.59 To Station 91+36.89
23		Index No.: 19-09-01-301-001
24		Parcel 0004A

HB5501 Engrossed - 2609 - LRB102 24698 AMC 33937 b
1		That part of Lot 1 in Panduit Corp Planned Unit
2		Development Subdivision, being a subdivision in part of
3		the Southwest Quarter of Section 1, Township 35 North,
4		Range 12 East of the Third Principal Meridian, according
5		to the plat thereof recorded August 31, 2012 as Document
6		No. R2012-096238, in Will County, Illinois, bearings and
7		distances based on the Illinois Sate Plane Coordinate
8		System, East Zone, NAD 83 (2011 Adjustment) with a
9		combined scale factor of 0.9999641157 described as
10		follows:
11		Beginning at the southwest corner of said lot; thence
12		North 01 degree 44 minutes 58 seconds West, on the west
13		line of said lot, 226.18 feet; thence North 88 degrees 15
14		minutes 33 seconds East, 10.00 feet to the east line of the
15		West 10.00 feet of said lot; thence South 01 degree 44
16		minutes 58 seconds East, on said east line, 186.95 feet;
17		thence North 88 degrees 15 minutes 28 seconds East, 17.00
18		feet to the east line of the West 27.00 feet of said lot;
19		thence South 01 degree 44 minutes 58 seconds East, on said
20		east line, 39.35 feet to the south line of said lot; thence
21		South 88 degrees 30 minutes 01 second West, on said south
22		line, 27.00 feet to the Point of Beginning.
23		Said parcel containing 0.067 acre, more or less.

HB5501 Engrossed - 2610 - LRB102 24698 AMC 33937 b
1		Route: 80th Avenue (CH 83)
2		Section: 06-00122-16-FP
3		County: Will
4		Job No.: R-55-001-97
5		Parcel No.: 0004B Station 92+15.00 To Station 99+94.90
6		Index No.: 19-09-01-301-001
7		Parcel 0004B
8		That part of Lot 1 in Panduit Corp Planned Unit
9		Development Subdivision, being a subdivision in part of
10		the Southwest Quarter of Section 1, Township 35 North,
11		Range 12 East of the Third Principal Meridian, according
12		to the plat thereof recorded August 31, 2012 as Document
13		No. R2012-096238, in Will County, Illinois, bearings and
14		distances based on the Illinois Sate Plane Coordinate
15		System, East Zone, NAD 83 (2011 Adjustment) with a
16		combined scale factor of 0.9999641157 described as
17		follows:
18		Beginning at the northwest corner of said lot; thence
19		North 88 degrees 32 minutes 27 seconds East, on the north
20		line of said lot, 53.09 feet; thence South 02 degrees 19
21		minutes 11 seconds West, 586.19 feet to a point 20.00 feet
22		East of, as measured perpendicular to, the west line of

HB5501 Engrossed - 2611 - LRB102 24698 AMC 33937 b
1		said lot; thence South 88 degrees 15 minutes 02 seconds
2		West, 11.00 feet to the east line of the West 9.00 feet of
3		said lot; thence South 01 degree 44 minutes 58 seconds
4		East, on said east line, 194.80 feet; thence South 88
5		degrees 15 minutes 02 seconds West, 9.00 feet to the west
6		line of said lot; thence North 01 degree 44 minutes 58
7		seconds West, on said west line, 505.26 feet to an angle
8		point in said west line; thence North 00 degrees 01 minute
9		33 seconds East, on said west line, 274.64 feet to the
10		Point of Beginning.
11		Said parcel containing 0.561 acre, more or less.
12		Route: 80th Avenue (CH 83)
13		Section: 06-00122-16-FP
14		County: Will
15		Job No.: R-55-001-97
16		Parcel No.: 0004TE Station 89+49.94 To Station 92+15.00
17		Index No.: 19-09-01-301-001
18		Parcel 0004TE
19		That part of Lot 1 in Panduit Corp Planned Unit
20		Development Subdivision, being a subdivision in part of
21		the Southwest Quarter of Section 1, Township 35 North,
22		Range 12 East of the Third Principal Meridian, according

HB5501 Engrossed - 2612 - LRB102 24698 AMC 33937 b
1		to the plat thereof recorded August 31, 2012 as Document
2		No. R2012-096238, in Will County, Illinois, bearings and
3		distances based on the Illinois Sate Plane Coordinate
4		System, East Zone, NAD 83 (2011 Adjustment) with a
5		combined scale factor of 0.9999641157 described as
6		follows:
7		Commencing at the southwest corner of said lot; thence
8		North 01 degree 44 minutes 58 seconds West, on the west
9		line of said lot, 226.18 feet to the Point of Beginning;
10		thence continuing North 01 degrees 44 minutes 58 seconds
11		West, on said west line, 78.11 feet; thence North 88
12		degrees 15 minutes 02 seconds East, 9.00 feet; thence
13		South 50 degrees 58 minutes 14 seconds East, 27.73 feet;
14		thence North 88 degrees 15 minutes 33 seconds East, 25.00
15		feet to the east line of the West 55.00 feet of said lot;
16		thence South 01 degree 44 minutes 58 seconds East, on said
17		east line, 60.00 feet; thence South 88 degrees 15 minutes
18		33 seconds West, 40.00 feet to the east line of the West
19		15.00 feet of said lot; thence South 01 degree 44 minutes
20		58 seconds East, on said east line, 186.94 feet; thence
21		South 88 degrees 15 minutes 28 second West, 5.00 feet to
22		the east line of the West 10.00 feet of said lot; thence
23		North 01 degree 44 minutes 58 seconds West, on said east
24		line, 186.95 feet; thence South 88 degrees 15 minutes 33
25		seconds West, 10.00 feet to the Point of Beginning.

HB5501 Engrossed - 2613 - LRB102 24698 AMC 33937 b
1		Said parcel containing 0.105 acre, more or less.
2		Route: 80th Avenue (CH 83)
3		Section: 06-00122-16-FP
4		County: Will
5		Job No.: R-55-001-97
6		Parcel No.: 0005 Station 92+02.49 To Station 99+94.90
7		Index No.: 19-09-02-402-003
8		Parcel 0005
9		That part of Outlot A in 80th Avenue Industrial Center in
10		the east half of the Southeast Quarter of Section 2,
11		Township 35 North, Range 12 East of the Third Principal
12		Meridian, according to the plat thereof recorded May 27,
13		1976 as Document No. R1976-015768, Township of Frankfort,
14		Will County, Illinois, bearings and distances based on the
15		Illinois Sate Plane Coordinate System, East Zone, NAD 83
16		(2011 Adjustment) with a combined scale factor of
17		0.9999641157 described as follows:
18		Beginning at the northeast corner of said Outlot A, said
19		northeast corner being the intersection of the east line
20		of said Outlot A with the south right of way line of
21		Interstate 80; thence South 05 degrees 42 minutes 13

HB5501 Engrossed - 2614 - LRB102 24698 AMC 33937 b
1		seconds East, on the east line of said Outlot A, 526.56
2		feet to an angle point in said east line; thence South 01
3		degree 44 minutes 58 seconds East, on said east line,
4		266.93 feet to the north right of way line of 189th Street;
5		thence South 88 degrees 26 minutes 40 seconds West, on
6		said north right of way line, 50.00 feet; thence North 01
7		degree 44 minutes 58 seconds West, parallel with said east
8		line, 32.00 feet; thence North 88 degrees 26 minutes 40
9		seconds East, parallel with said north right of way line,
10		37.00 feet to the west line of the East 13.00 feet of said
11		Outlot A; thence North 01 degree 44 minutes 58 seconds
12		West, on said west line, 279.26 feet; thence South 88
13		degrees 15 minutes 02 seconds West, 22.00 feet; thence
14		North 01 degree 43 minutes 58 seconds West, 238.59 feet;
15		thence North 04 degrees 43 minutes 36 seconds West, 197.47
16		feet; thence North 01 degree 54 minutes 17 seconds West,
17		45.18 feet to the north line of said Outlot A; thence North
18		88 degrees 31 minutes 27 seconds East, on said north line,
19		9.00 feet to the Point of Beginning.
20		Said parcel containing 0.321 acre, more or less.
21		Route: 80th Avenue (CH 83)
22		Section: 06-00122-16-FP
23		County: Will
24		Job No.: R-55-001-97

HB5501 Engrossed - 2615 - LRB102 24698 AMC 33937 b
1		Parcel No.: 0006 Station 102+41.97 To Station 115+07.14
2		Index No.: 19-09-01-100-013
3		Parcel 0006
4		The West 60 acres (Except the East 40 acres thereof) of the
5		south half of the Northwest Quarter of Section 1, Township
6		35 North, Range 12 East of the Third Principal Meridian,
7		in Will County, Illinois.
8		Excepting therefrom that part described for street
9		purposes by Plat of Dedication and ordinance approving the
10		same record as Document R2002-010141.
11		Also excepting therefrom that part taken for Interstate 80
12		in Case 66 G 1592H the Lis Pendes of which was recorded as
13		Document R66-13830.
14		Said parcel containing 16.618 acres, more or less.
15		Route: 80th Avenue (CH 83)
16		Section: 06-00122-16-FP
17		County: Will
18		Job No.: R-55-001-97
19		Parcel No.: 0007TE Station 110+41.32 To Station 110+49.57
20		Index No.: 19-09-02-203-003

HB5501 Engrossed - 2616 - LRB102 24698 AMC 33937 b
1		Parcel 0007TE
2		That part of Lot 9 in Mercury Business Center, being a
3		subdivision of part of the Southeast Quarter of the
4		Northeast Quarter of Section 2, Township 35 North, Range
5		12 East of the Third Principal Meridian, according to the
6		plat thereof recorded August 26, 1994 as Document No.
7		R94-82441, in Will County, Illinois, bearings and
8		distances based on the Illinois State Plane Coordinate
9		System, East Zone, NAD 83 (2011 Adjustment) with a
10		combined scaled factor of 0.9999641157 described as
11		follows:
12		Commencing at the southeast corner of said lot; thence
13		South 84 degrees 03 minutes 06 seconds West, on the south
14		line of said lot, 74.77 feet to the Point of Beginning;
15		thence continuing South 84 degrees 03 minutes 06 seconds
16		West, on said south line, 44.50 feet; thence North 05
17		degrees 56 minutes 54 seconds West, perpendicular to said
18		south line, 5.00 feet; thence North 84 degrees 03 minutes
19		06 seconds East, parallel with said south line, 44.50
20		feet; thence South 05 degrees 56 minutes 54 seconds East,
21		perpendicular to said south line, 5.00 feet to the Point
22		of Beginning.

HB5501 Engrossed - 2617 - LRB102 24698 AMC 33937 b
1		Said parcel containing 0.005 acre (223 square feet), more
2		or less.
3		Route: 80th Avenue (CH 83)
4		Section: 06-00122-16-FP
5		County: Will
6		Job No.: R-55-001-97
7		Parcel No.: 0008TE-A Station 118+98.39 To Station
8		120+86.46
9		Index No.: 19-09-02-205-034
10		Parcel 0008TE-A
11		That part of Lot 1 in Speedway Tinley Park Subdivision,
12		being a consolidation of Parcels 1, 2 and 3 in the north
13		half of Section 2, Township 35 North, Range 12 East of the
14		Third Principal Meridian, according to the plat thereof
15		recorded March 1, 2016, as Document No. R2016-015413, all
16		in Will County, Illinois bearings and distances based on
17		the Illinois State Plane Coordinate System, East Zone, NAD
18		83 (2011 Adjustment) with a combined scale factor of
19		0.9999641157 described as follows:
20		Commencing at the northeast corner of said lot; thence
21		South 01 degree 45 minutes 01 seconds East, on the east
22		line of said lot, 235.96 feet to the Point of Beginning;

HB5501 Engrossed - 2618 - LRB102 24698 AMC 33937 b
1		thence continuing South 01 degree 45 minutes 01 second
2		East, on said east line, 106.00 feet to an angle point in
3		said east line; thence South 88 degrees 30 minutes 13
4		seconds West, on said east line, 9.00 feet to an angle
5		point in said east line; thence South 01 degree 45 minutes
6		01 second East, on said east line, 82.11 feet to an angle
7		point in said east line; thence South 88 degrees 30
8		minutes 13 seconds West, on said east line, 5.00 feet;
9		thence North 01 degree 45 minutes 01 second West, parallel
10		with said east line, 82.11 feet; thence South 88 degrees
11		30 minutes 13 seconds West, 10.00 feet; thence North 01
12		degree 45 minutes 01 second West, parallel with said east
13		line, 106.00 feet; thence North 88 degrees 14 minutes 59
14		seconds East, 24.00 feet to the Point of Beginning.
15		Said parcel containing 0.068 acre, more or less.
16		Route: 80th Avenue (CH 83)
17		Section: 06-00122-16-FP
18		County: Will
19		Job No.: R-55-001-97
20		Parcel No.: 0008TE-B Station 115+88.46 To Station
21		116+03.46
22		Index No.: 19-09-02-205-034
23		Parcel 0008TE-B

HB5501 Engrossed - 2619 - LRB102 24698 AMC 33937 b
1		That part of Lot 1 in Speedway Tinley Park Subdivision,
2		being a consolidation of Parcels 1, 2 and 3 in the north
3		half of Section 2, Township 35 North, Range 12 East of the
4		Third Principal Meridian, according to the plat thereof
5		recorded March 1, 2016, as Document No. R2016-015413, all
6		in Will County, Illinois bearings and distances based on
7		the Illinois State Plane Coordinate System, East Zone, NAD
8		83 (2011 Adjustment) with a combined scale factor of
9		0.9999641157 described as follows:
10		Beginning at the southeast corner of said lot; thence
11		South 88 degrees 30 minutes 13 seconds West, on the south
12		line of said lot, 15.00 feet; thence North 43 degrees 22
13		minutes 36 seconds East, 21.17 feet to the east line of
14		said lot; thence South 01 degree 45 minutes 01 second
15		East, on said east line, 15.00 feet to the Point of
16		Beginning.
17		Said parcel containing 0.003 acre (112 square feet), more
18		or less.
19		Route: 80th Avenue (CH 83)
20		Section: 06-00122-16-FP
21		County: Will
22		Job No.: R-55-001-97

HB5501 Engrossed - 2620 - LRB102 24698 AMC 33937 b
1		Parcel No.: 0009 Station 115+92.91 To Station 122+04.37
2		Index No.: 19-09-01-101-009
3		Parcel 0009
4		That part of Lot 9 in Hickory Creek Corporate Center Unit
5		2, being a subdivision of that part of the north half of
6		the Northwest Quarter of Section 1, Township 35 North,
7		Range 12 East of the Third Principal Meridian, according
8		to the plat thereof recorded October 31, 2001 as Document
9		No. R2001-148202 and amended by Certificate of Correction
10		Numbers R2001- 157981, R2001-161607 and R2001-161608, in
11		Will County, Illinois, bearings and distances based on the
12		Illinois State Plane Coordinate System, East Zone, NAD 83
13		(2011 Adjustment) with a combined scale factor of
14		0.9999641157 described as follows:
15		Beginning at the northwest corner of said lot; thence
16		North 88 degrees 36 minutes 17 seconds East, on the north
17		line of said lot, 15.70 feet; thence South 01 degree 45
18		minutes 01 second East, 575.55 feet to a point 5.00 feet
19		Northeasterly of, as measured perpendicular to, the
20		southwesterly line of said lot; thence South 46 degrees 35
21		minutes 11 seconds East, parallel with said southwesterly
22		line, 40.81 feet; thence South 00 degrees 00 minutes 00
23		seconds East, 6.88 feet to said southwesterly line; thence

HB5501 Engrossed - 2621 - LRB102 24698 AMC 33937 b
1		North 46 degrees 35 minutes 11 seconds West, on said
2		southwesterly line, 62.92 feet to the west line of said
3		lot; thence North 01 degree 44 minutes 24 seconds West, on
4		said west line, 566.85 feet to the Point of Beginning.
5		Said parcel containing 0.212 acre, more or less.
6		Route: 80th Avenue (CH 83)
7		Section: 06-00122-16-FP
8		County: Will
9		Job No.: R-55-001-97
10		Parcel No.: 0009TE-A Station 115+86.83 To Station
11		115+98.12
12		Index No.: 19-09-01-101-009
13		Parcel 0009TE-A
14		That part of Lot 9 in Hickory Creek Corporate Center Unit
15		2, being a subdivision of that part of the north half of
16		the Northwest Quarter of Section 1, Township 35 North,
17		Range 12 East of the Third Principal Meridian, according
18		to the plat thereof recorded October 31, 2001 as Document
19		No. R2001-148202 and amended by Certificate of Correction
20		Numbers R2001- 157981, R2001-161607 and R2001-161608, in
21		Will County, Illinois, bearings and distances based on the
22		Illinois State Plane Coordinate System, East Zone, NAD 83

HB5501 Engrossed - 2622 - LRB102 24698 AMC 33937 b
1		(2011 Adjustment) with a combined scale factor of
2		0.9999641157 described as follows:
3		Commencing at the southeast corner of said lot; thence
4		South 88 degrees 35 minutes 00 seconds West, 264.49 feet
5		to the Point of Beginning; thence continuing South 88
6		degrees 35 minutes 00 seconds West, on said south line,
7		45.50 feet to the southwesterly line of said lot; thence
8		North 46 degrees 35 minutes 11 seconds West, 8.21 feet;
9		thence North 00 degrees 00 minutes 00 seconds East, 5.21
10		feet to a point 11.00 feet North of, as measured
11		perpendicular to, the south line of said lot; thence North
12		88 degrees 35 minutes 00 seconds East, parallel with said
13		south line, 48.31 feet; thence South 16 degrees 07 minutes
14		24 seconds East, 11.37 feet to the Point of Beginning.
15		Said parcel containing 0.012 acre, more or less.
16		Route: 80th Avenue (CH 83)
17		Section: 06-00122-16-FP
18		County: Will
19		Job No.: R-55-001-97
20		Parcel No.: 0009TE-B Station 2013+44.28 To Station
21		2013+90.28
22		Index No.: 19-09-01-101-009

HB5501 Engrossed - 2623 - LRB102 24698 AMC 33937 b
1		Parcel 0009TE-B
2		That part of Lot 9 in Hickory Creek Corporate Center Unit
3		2, being a subdivision of that part of the north half of
4		the Northwest Quarter of Section 1, Township 35 North,
5		Range 12 East of the Third Principal Meridian, according
6		to the plat thereof recorded October 31, 2001 as Document
7		No. R2001-148202 and amended by Certificate of Correction
8		Numbers R2001- 157981, R2001-161607 and R2001-161608, in
9		Will County, Illinois, bearings and distances based on the
10		Illinois State Plane Coordinate System, East Zone, NAD 83
11		(2011 Adjustment) with a combined scale factor of
12		0.9999641157 described as follows:
13		Commencing at the southeast corner of said lot; thence
14		South 88 degrees 35 minutes 00 seconds West, on said south
15		line, 35.00 feet to the Point of Beginning; thence
16		continuing South 88 degrees 35 minutes 00 seconds West, on
17		said south line, 46.00 feet; thence North 01 degrees 25
18		minutes 00 seconds West, 5.00 feet to the north line of the
19		South 5.00 feet of said lot; thence North 88 degrees 35
20		minutes 00 seconds East, on said north line, 46.00 feet;
21		thence South 01 degree 25 minutes 00 seconds East, 5.00
22		feet to the Point of Beginning.
23		Said parcel containing 0.005 acre (230 square feet), more

HB5501 Engrossed - 2624 - LRB102 24698 AMC 33937 b
1		or less.
2		Route: 80th Avenue (CH 83)
3		Section: 06-00122-16-FP
4		County: Will
5		Job No.: R-55-001-97
6		Parcel No.: 0010A Station 122+04.27 To Station 122+34.00
7		Index No.: 19-09-01-101-007
8		Parcel 0010A
9		That part of Lot 10 in Hickory Creek Corporate Center Unit
10		2, being a subdivision of that part of the north half of
11		the Northwest Quarter of Section 1, Township 35 North,
12		Range 12 East of the Third Principal Meridian, according
13		to the plat thereof recorded October 31, 2001 as Document
14		No. R2001-148202 and amended by Certificate of Correction
15		Numbers R2001-157981, R2001-161607 and R2001-161608, in
16		Will County, Illinois, bearings and distances based on the
17		Illinois State Plane Coordinate System, East Zone, NAD 83
18		(2011 Adjustment) with a combined scale factor of
19		0.9999641157 described as follows:
20		Beginning at the southwest corner of said lot; thence
21		North 01 degree 48 minutes 13 seconds West, on the west
22		line of said lot, 29.63 feet; thence North 88 degrees 15

HB5501 Engrossed - 2625 - LRB102 24698 AMC 33937 b
1		minutes 04 seconds East, 15.73 feet; thence South 01
2		degree 45 minutes 01 second East, 29.73 feet to the south
3		line of said lot; thence South 88 degrees 36 minutes 17
4		seconds West, 15.70 feet to the Point of Beginning.
5		Said parcel containing 0.011 acre, more or less.
6		Route: 80th Avenue (CH 83)
7		Section: 06-00122-16-FP
8		County: Will
9		Job No.: R-55-001-97
10		Parcel No.: 0010B Station 122+93.00 To Station 128+25.81
11		Index No.: 19-09-01-101-007
12		Parcel 0010B
13		That part of Lot 10 in Hickory Creek Corporate Center Unit
14		2, being a subdivision of that part of the north half of
15		the Northwest Quarter of Section 1, Township 35 North,
16		Range 12 East of the Third Principal Meridian, according
17		to the plat thereof recorded October 31, 2001 as Document
18		No. R2001-148202 and amended by Certificate of Correction
19		Numbers R2001-157981, R2001-161607 and R2001-161608, in
20		Will County, Illinois, bearings and distances based on the
21		Illinois State Plane Coordinate System, East Zone, NAD 83
22		(2011 Adjustment) with a combined scale factor of

HB5501 Engrossed - 2626 - LRB102 24698 AMC 33937 b
1		0.9999641157 described as follows:
2		Commencing at the southwest corner of said lot; thence
3		North 01 degree 48 minutes 13 seconds West, on the west
4		line of said lot, 88.63 feet to the Point of Beginning;
5		thence continuing North 01 degree 48 minutes 13 seconds
6		West, on said west line, 127.27 feet to an angle point in
7		said west line; thence North 01 degree 04 minutes 30
8		seconds East, on said west line, 199.86 feet to an angle
9		point in said west line; thence North 01 degree 42 minutes
10		21 seconds West, on said west line, 156.34 feet to an angle
11		point in said west line; thence North 43 degrees 31
12		minutes 05 seconds East, on a northwesterly line of said
13		lot, 70.43 feet to the north line of said lot; thence North
14		88 degrees 39 minutes 56 seconds East, on said north line,
15		613.66 feet; thence South 01 degree 20 minutes 04 seconds
16		East, perpendicular to said north line, 5.00 feet; thence
17		South 87 degrees 05 minutes 13 seconds West, 232.71 feet;
18		thence South 86 degrees 35 minutes 31 seconds West, 357.63
19		feet; thence South 50 degrees 50 minutes 19 seconds West,
20		56.86 feet; thence South 07 degrees 02 minutes 04 seconds
21		West, 130.48 feet; thence South 00 degrees 00 minutes 30
22		seconds East, 344.94 feet; thence South 88 degrees 15
23		minutes 04 seconds West, 7.78 feet to the Point of
24		Beginning.

HB5501 Engrossed - 2627 - LRB102 24698 AMC 33937 b
1		Said parcel containing 0.376 acre, more or less.
2		Route: 80th Avenue (CH 83)
3		Section: 06-00122-16-FP
4		County: Will
5		Job No.: R-55-001-97
6		Parcel No.: 0010TE Station 122+29.00 To Station 127+72.90
7		Index No.: 19-09-01-101-007
8		Parcel 0010TE
9		That part of Lot 10 in Hickory Creek Corporate Center Unit
10		2, being a subdivision of that part of the north half of
11		the Northwest Quarter of Section 1, Township 35 North,
12		Range 12 East of the Third Principal Meridian, according
13		to the plat thereof recorded October 31, 2001 as Document
14		No. R2001-148202 and amended by Certificate of Correction
15		Numbers R2001-157981, R2001-161607 and R2001-161608, in
16		Will County, Illinois, bearings and distances based on the
17		Illinois State Plane Coordinate System, East Zone, NAD 83
18		(2011 Adjustment) with a combined scale factor of
19		0.9999641157 described as follows:
20		Commencing at the southwest corner of said lot; thence
21		North 01 degree 48 minutes 13 seconds West, on the west
22		line of said lot, 29.63 feet to the Point of Beginning;

HB5501 Engrossed - 2628 - LRB102 24698 AMC 33937 b
1		thence continuing North 01 degree 48 minutes 13 seconds
2		West, on said west line, 59.00 feet; thence North 88
3		degrees 15 minutes 04 seconds East, 7.78 feet; thence
4		North 00 degree 00 minutes 30 seconds West, 344.94; thence
5		North 07 degrees 02 minutes 04 seconds East, 130.48 feet;
6		thence North 50 degrees 50 minutes 19 seconds East, 10.14
7		feet; thence South 01 degree 44 minutes 33 seconds East,
8		72.90 feet; thence South 18 degrees 40 minutes 18 seconds
9		East, 68.68 feet; thence South 01 degree 44 minutes 34
10		seconds East, 134.29 feet; thence South 13 degrees 46
11		minutes 54 seconds West, 186.82 feet; thence South 01
12		degree 44 minutes 30 seconds East, 27.00 feet; thence
13		North 88 degrees 15 minutes 04 seconds East, 39.81 feet;
14		thence South 01 degree 48 minutes 13 seconds East, 64.00
15		feet; thence South 88 degrees 15 minutes 04 seconds West,
16		40.28 feet; thence North 01 degree 45 minutes 01 second
17		West, 5.00 feet; thence South 88 degrees 15 minutes 04
18		seconds West, 15.73 feet to the Point of Beginning.
19		Said parcel containing 0.435 acre, more or less.
20		Route: 80th Avenue (CH 83)
21		Section: 06-00122-16-FP
22		County: Will
23		Job No.: R-55-001-97
24		Parcel No.: 0011TE Station 123+22.42 To Station 125+60.84

HB5501 Engrossed - 2629 - LRB102 24698 AMC 33937 b
1		Index No.: 19-09-02-205-025
2		Parcel 0011TE
3		That part of Lot 31 in Tinley Crossings Corporate Center,
4		Phase 3, a resubdivision of part of the north half of
5		Section 2, Township 35 North, Range 12 East of the Third
6		Principal Meridian, according to the plat thereof recorded
7		February 27, 2001 as Document No. R2001-021137, all in
8		Will County, Illinois, bearings and distances based on the
9		Illinois State Plane Coordinate System, East Zone, NAD 83
10		(2011 Adjustment) with a combined scale factor of
11		0.9999641157 described as follows:
12		Beginning at the southeast corner of said lot, said
13		southeast corner being on the west right of way line of
14		80th Avenue; thence South 88 degrees 15 minutes 09 seconds
15		West, on a south line of said lot, 16.00 feet to the west
16		line of the East 16.00 feet of said lot; thence North 01
17		degree 45 minutes 01 second West, on said west line, 47.30
18		feet; thence North 88 degrees 14 minutes 59 seconds East,
19		12.00 feet to the west line of the East 4.00 feet of said
20		lot; thence North 01 degree 45 minutes 01 second West, on
21		said west line, 142.42 feet; thence South 88 degrees 14
22		minutes 59 seconds West, 5.00 feet to the west line of the
23		East 9.00 feet of said lot; thence North 01 degree 45

HB5501 Engrossed - 2630 - LRB102 24698 AMC 33937 b
1		minutes 01 second West, on said west line, 48.70 feet;
2		thence North 88 degrees 14 minutes 59 seconds East, 9.00
3		feet to the east line of said lot; thence South 01 degree
4		45 minutes 01 second East, on said east line, 238.42 feet
5		to the Point of Beginning.
6		Said parcel containing 0.041 acre, more or less.
7		Route: 80th Avenue (CH 83)
8		Section: 06-00122-16-FP
9		County: Will
10		Job No.: R-55-001-97
11		Parcel No.: 0012 Station 126+69.25 To Station 128+28.53
12		Index No.: 19-09-02-205-010
13		Parcel 0012
14		That part of Lot 25 in Tinley Crossings Corporate Center
15		Unit 1, being a subdivision of part of the North half of
16		Section 2, Township 35 North, Range 12 East of the Third
17		Principal Meridian, according to the Plat of Subdivision
18		thereof recorded October 16, 1998 as Document R98-122885,
19		in Will County, Illinois, bearings and distances based on
20		the Illinois State Plane Coordinate System, East Zone, NAD
21		83 (2011 Adjustment) with a combined scale factor of
22		0.9999641157 described as follows:

HB5501 Engrossed - 2631 - LRB102 24698 AMC 33937 b
1		Commencing at the southeast corner of said lot; thence
2		North 01 degree 45 minutes 01 second West, on the east line
3		of said lot, 98.41 feet to the Point of Beginning; thence
4		South 88 degrees 15 minutes 50 seconds West, 6.00 feet;
5		thence North 01 degree 45 minutes 01 second West, parallel
6		with said east line, 31.47 feet to a point of curvature;
7		thence Northwesterly, on a 110.00 foot radius curve,
8		concave Southwesterly, 172.12 feet, the chord of said
9		curve bears North 46 degrees 34 minutes 30 seconds West,
10		155.09 feet to the south line of the North 17.00 feet of
11		said lot, and to a point of tangency; thence South 88
12		degrees 35 minutes 58 seconds West, on said south line,
13		119.66 feet; thence South 01 degree 45 minutes 01 second
14		East, 7.00 feet; thence South 88 degrees 35 minutes 58
15		seconds West, parallel with said north line, 20.00 feet to
16		the west line of said lot; thence North 01 degree 45
17		minutes 01 second West, on said west line, 24.00 feet to
18		the northwest corner of said lot; thence North 88 degrees
19		35 minutes 58 seconds East, on the north line of said lot,
20		204.99 feet to the northeasterly line of said lot; thence
21		South 46 degrees 34 minutes 31 seconds East, on said
22		northeasterly line, 70.93 feet to the east line of said
23		lot; thence South 01 degree 45 minutes 01 second East, on
24		said east line, 107.77 feet to the Point of Beginning.

HB5501 Engrossed - 2632 - LRB102 24698 AMC 33937 b
1		Said parcel containing 0.152 acre, more or less.
2		Route: 80th Avenue (CH 83)
3		Section: 06-00122-16-FP
4		County: Will
5		Job No.: R-55-001-97
6		Parcel No.: 0012TE Station 126+69.25 To Station 128+11.41
7		Index No.: 19-09-02-205-010
8		Parcel 0012TE
9		That part of Lot 25 in Tinley Crossings Corporate Center
10		Unit 1, being a subdivision of part of the North half of
11		Section 2, Township 35 North, Range 12 East of the Third
12		Principal Meridian, according to the Plat of Subdivision
13		thereof recorded October 16, 1998 as Document R98-122885,
14		in Will County, Illinois, bearings and distances based on
15		the Illinois State Plane Coordinate System, East Zone, NAD
16		83 (2011 Adjustment) with a combined scale factor of
17		0.9999641157 described as follows:
18		Commencing at the southeast corner of said lot; thence
19		North 01 degree 45 minutes 01 second West, on the east line
20		of said lot, 98.41 feet; thence South 88 degrees 15
21		minutes 50 seconds West, 6.00 feet to the Point of
22		Beginning; thence continuing South 88 degrees 15 minutes

HB5501 Engrossed - 2633 - LRB102 24698 AMC 33937 b
1		50 seconds West, 5.00 feet; thence North 01 degree 45
2		minutes 01 second West, parallel with the east line of
3		said lot, 31.47 feet; thence North 28 degrees 47 minutes
4		08 seconds West, 72.92 feet; thence North 57 degrees 01
5		minute 36 seconds West, 57.77 feet to the south line of the
6		North 29.00 feet of said lot; thence South 88 degrees 35
7		minutes 58 seconds West, on said south line, 143.37 feet;
8		thence South 01 degree 45 minutes 01 second East, 10.00
9		feet; thence South 88 degrees 35 minutes 58 seconds West,
10		parallel with the north line of said lot, 20.00 feet to the
11		west line of said lot; thence North 01 degree 45 minutes 01
12		second West, on said west line, 15.00 feet; thence North
13		88 degrees 35 minutes 58 seconds East, parallel with the
14		north line of said lot, 20.00 feet; thence North 01 degree
15		45 minutes 01 second West, 7.00 feet to the south line of
16		the North 17.00 feet of said lot; thence North 88 degrees
17		35 minutes 58 seconds East, on said south line, 119.66
18		feet to a point of curvature; thence Southeasterly, on a
19		110.00 foot radius curve, concave Southwesterly, 172.12
20		feet, the chord of said curve bears South 46 degrees 34
21		minutes 30 seconds East, 155.09 feet to the west line of
22		the East 6.00 feet of said lot, and to a point of tangency;
23		thence South 01 degree 45 minutes 01 second East, on said
24		west line, 31.47 feet to the Point of Beginning.
25		Said parcel containing 0.093 acre, more or less.

HB5501 Engrossed - 2634 - LRB102 24698 AMC 33937 b
1		Route: 80th Avenue (CH 83)
2		Section: 06-00122-16-FP
3		County: Will
4		Job No.: R-55-001-97
5		Parcel No.: 0013 Station 95+54.70 To Station 98+85.07
6		Index No.: 19-09-02-205-028
7		Parcel 0013
8		All common areas in the 8021 Condominium, as delineated on
9		a survey of the following described real estate: Lot 30 in
10		Tinley Crossings Corporate Center, Phase 3, a
11		resubdivision of part of the North half of Section 2,
12		Township 35 North, Range 12 East of the Third Principal
13		Meridian, according to the plat thereof recorded February
14		27, 2001 as Document No. R2001-021137, which survey is
15		attached as Exhibit "B" to the Declaration of Condominium
16		recorded as Document Number R2004-22962, and as amended,
17		all in Will County, Illinois, bearings and distances based
18		on the Illinois State Plane Coordinate System, East Zone,
19		NAD 83 (2011 Adjustment) with a combined scale factor of
20		0.9999641157 described as follows:
21		Beginning at the northeast corner of said Lot 30; thence
22		South 01 degree 45 minutes 01 second East, on the east line

HB5501 Engrossed - 2635 - LRB102 24698 AMC 33937 b
1		of said lot, 24.00 feet to the south line of the North
2		24.00 feet of said lot; thence South 88 degrees 35 minutes
3		58 seconds West, on said south line, 97.77 feet; thence
4		North 87 degrees 12 minutes 48 seconds West, 136.96 feet;
5		thence South 89 degrees 41 minutes 13 seconds West, 52.69
6		feet to a point of curvature; thence Westerly, on a 787.00
7		foot radius curve, concave Southerly, 39.84 feet, the
8		chord of said curve bears South 87 degrees 08 minutes 58
9		seconds West, 39.83 feet to the west line of said lot;
10		thence North 01 degree 45 minutes 03 seconds West, on said
11		west line, 13.01 feet to the northwest corner of said lot;
12		thence Easterly, on the north line of said lot, being an
13		800.00 foot radius curve, concave Southerly, 39.91 feet,
14		the chord of said curve bears North 87 degrees 10 minutes
15		13 seconds East, 39.91 feet to a point of tangency in said
16		north line; thence North 88 degrees 35 minutes 58 seconds
17		East, on said north line, 286.90 feet to the Point of
18		Beginning.
19		Said parcel containing 0.142 acre, more or less.
20		Route: 80th Avenue (CH 83)
21		Section: 06-00122-16-FP
22		County: Will
23		Job No.: R-55-001-97
24		Parcel No.: 0013TE-A Station 97+87.30 To Station 98+85.18

HB5501 Engrossed - 2636 - LRB102 24698 AMC 33937 b
1		Index No.: 19-09-02-205-028
2		Parcel 0013TE-A
3		All common areas in the 8021 Condominium, as delineated on
4		a survey of the following described real estate: Lot 30 in
5		Tinley Crossings Corporate Center, Phase 3, a
6		resubdivision of part of the North half of Section 2,
7		Township 35 North, Range 12 East of the Third Principal
8		Meridian, according to the plat thereof recorded February
9		27, 2001 as Document No. R2001-021137, which survey is
10		attached as Exhibit "B" to the Declaration of Condominium
11		recorded as Document Number R2004-22962, and as amended,
12		all in Will County, Illinois, bearings and distances based
13		on the Illinois State Plane Coordinate System, East Zone,
14		NAD 83 (2011 Adjustment) with a combined scale factor of
15		0.9999641157 described as follows:
16		Commencing at the northeast corner of said Lot 30; thence
17		South 01 degree 45 minutes 01 second East, on the east line
18		of said lot, 24.00 feet to the Point of Beginning; thence
19		continuing South 01 degree 45 minutes 01 second East, on
20		said east line, 15.00 feet; thence South 88 degrees 35
21		minutes 58 seconds West, parallel with the north line of
22		said lot, 30.17 feet; thence North 01 degree 24 minutes 02
23		seconds West, 10.00 feet to the south line of the North

HB5501 Engrossed - 2637 - LRB102 24698 AMC 33937 b
1		29.00 feet of said lot; thence South 88 degrees 35 minutes
2		58 seconds West, on said south line, 67.70 feet; thence
3		North 01 degree 24 minutes 02 seconds West, 5.00 feet to
4		the south line of the North 24.00 feet of said lot; thence
5		North 88 degrees 35 minutes 58 seconds East, on said south
6		line, 97.77 feet to the Point of Beginning.
7		Said parcel containing 0.018 acre, more or less.
8		Route: 80th Avenue (CH 83)
9		Section: 06-00122-16-FP
10		County: Will
11		Job No.: R-55-001-97
12		Parcel No.: 0013TE-B Station 95+72.95 To Station 96+39.71
13		Index No.: 19-09-02-205-028
14		Parcel 0013TE-B
15		All common areas in the 8021 Condominium, as delineated on
16		a survey of the following described real estate: Lot 30 in
17		Tinley Park Crossings Corporate Center, Phase 3, a
18		resubdivision of part of the North half of Section 2,
19		Township 35 North, Range 12 East of the Third Principal
20		Meridian, according to the plat thereof recorded February
21		27, 2001 as Document No. R2001-021137, which survey is
22		attached as Exhibit "B" to the Declaration of Condominium

HB5501 Engrossed - 2638 - LRB102 24698 AMC 33937 b
1		recorded as Document Number R2004-22962, and as amended,
2		all in Will County, Illinois, bearings and distances based
3		on the Illinois State Plane Coordinate System, East Zone,
4		NAD 83 (2011 Adjustment) with a combined scale factor of
5		0.9999641157 described as follows:
6		Commencing at the northwest corner of said Lot 30; thence
7		South 01 degree 45 minutes 03 seconds East, on the west
8		line of said lot, 13.01 feet; thence Easterly, on a 787.00
9		foot radius curve, concave Southerly, 16.92 feet, the
10		chord of said curve bears North 86 degrees 18 minutes 55
11		seconds East, 16.92 feet to the Point of Beginning; thence
12		continuing Easterly, on said 787.00 foot radius curve,
13		22.92 feet, the chord of said curve bears North 87 degrees
14		45 minutes 55 seconds East, 22.92 feet; thence North 89
15		degrees 41 minutes 13 seconds East, 41.67 feet; thence
16		South 01 degree 39 minutes 18 seconds East, 6.00 feet;
17		thence South 89 degrees 41 minutes 10 seconds West, 41.70
18		feet to a point of curvature; thence Westerly, on a 781.00
19		foot radius curve, concave Southerly, 22.74 feet, the
20		chord of said curve bears South 87 degrees 45 minutes 55
21		seconds West, 22.74 feet; thence North 03 degrees 04
22		minutes 08 seconds West, 6.00 feet to the Point of
23		Beginning.
24		Said parcel containing 0.009 acre (387 square feet), more

HB5501 Engrossed - 2639 - LRB102 24698 AMC 33937 b
1		or less.
2		Route: 80th Avenue (CH 83)
3		Section: 06-00122-16-FP
4		County: Will
5		Job No.: R-55-001-97
6		Parcel No.: 0014 Station 93+10.05 To Station 95+55.36
7		Index No.: 19-09-02-205-023
8		Parcel 0014
9		That part of Lot 29 in Tinley Crossings Corporate Center
10		Phase 3, being a subdivision of part of the North half of
11		Section 2, Township 35 North, Range 12 East of the Third
12		Principal Meridian, according to the plat thereof recorded
13		February 27, 2001 as Document No. R2001-021137, all in
14		Will County, Illinois, bearings and distances based on the
15		Illinois State Plane Coordinate System, East Zone, NAD 83
16		(2011 Adjustment) with a combined scale factor of
17		0.9999641157 described as follows:
18		Beginning at the northeast corner of said Lot 29; thence
19		South 01 degree 45 minutes 03 second East, 13.01 feet to
20		the southerly line of the Northerly 13.00 feet of said
21		lot; thence Southwesterly, on said southerly line, being a
22		787.00 foot radius curve, concave Southerly, 226.63 feet,

HB5501 Engrossed - 2640 - LRB102 24698 AMC 33937 b
1		the chord of said curve bears South 77 degrees 26 minutes
2		59 seconds West, 225.85 feet; thence North 20 degrees 48
3		minutes 00 seconds West, 13.00 feet to the northerly line
4		of said lot; thence Northeasterly, on said northerly line,
5		being a 800.00 foot radius curve, concave Southerly,
6		230.96 feet, the chord of said curve bears North 77
7		degrees 28 minutes 14 seconds East, 230.15 feet to the
8		Point of Beginning.
9		Said parcel containing 0.068 acre, more or less.
10		Route: 80th Avenue (CH 83)
11		Section: 06-00122-16-FP
12		County: Will
13		Job No.: R-55-001-97
14		Parcel No.: 0014TE Station 92+71.20 To Station 93+10.05
15		Index No.: 19-09-02-205-023
16		Parcel 0014TE
17		That part of Lot 29 in Tinley Crossings Corporate Center
18		Phase 3, being a subdivision of part of the North half of
19		Section 2, Township 35 North, Range 12 East of the Third
20		Principal Meridian, according to the plat thereof recorded
21		February 27, 2001 as Document No. R2001-021137, all in
22		Will County, Illinois, bearings and distances based on the

HB5501 Engrossed - 2641 - LRB102 24698 AMC 33937 b
1		Illinois State Plane Coordinate System, East Zone, NAD 83
2		(2011 Adjustment) with a combined scale factor of
3		0.9999641157 described as follows:
4		Commencing at the northeast corner of said Lot 29; thence
5		Southwesterly, on the northerly line of said lot, being a
6		800.00 foot radius curve, concave Southerly, 230.96 feet,
7		the chord of said curve bears South 77 degrees 28 minutes
8		14 seconds West, 230.15 feet to the Point of Beginning;
9		thence South 20 degrees 48 minutes 00 seconds East, 13.00
10		feet to the southerly line of the Northerly 13.00 feet of
11		said lot; thence Southwesterly, on said southerly line,
12		being a 787.00 foot radius curve, concave Southerly, 35.99
13		feet, the chord of said curve bears South 67 degrees 53
14		minutes 24 seconds West, 35.98 feet; thence North 23
15		degrees 25 minutes 11 seconds West, 13.00 feet to the
16		northerly line of said lot; thence Northeasterly, on said
17		northerly line, being a 800.00 foot radius curve, concave
18		Southerly, 36.58 feet, the chord of said curve bears North
19		67 degrees 53 minutes 24 seconds East, 36.58 feet to the
20		Point of Beginning.
21		Said parcel containing 0.011 acre, more or less.
22		Route: 80th Avenue (CH 83)
23		Section: 06-00122-16-FP

HB5501 Engrossed - 2642 - LRB102 24698 AMC 33937 b
1		County: Will
2		Job No.: R-55-001-97
3		Parcel No.: 0015TE Station 91+38.62 To Station 93+13.16
4		Index No.: 19-09-02-204-003
5		Parcel 0015TE
6		That part of Outlot A in Tinley Crossings Corporate Center
7		Unit 1, being a subdivision of part of the North half of
8		Section 2, Township 35 North, Range 12 East of the Third
9		Principal Meridian, according to the plat thereof recorded
10		October 16, 1998 as Document No. R98- 122885, all in Will
11		County, Illinois, bearings and distances based on the
12		Illinois State Plane Coordinate System, East Zone, NAD 83
13		(2011 Adjustment) with a combined scale factor of
14		0.9999641157 described as follows:
15		Beginning at the northeast corner of said Outlot A; thence
16		Southwesterly, on the southerly line of said Outlot A,
17		being a 900.00 foot radius curve, concave Southeasterly,
18		117.40 feet, the chord of said curve bears South 65
19		degrees 40 minutes 28 seconds West, 117.32 feet to a point
20		of tangency in said southerly line; thence South 61
21		degrees 56 minutes 15 seconds West, on said southerly
22		line, 63.70 feet; thence North 28 degrees 03 minutes 45
23		seconds West, 9.00 feet to the northerly line of the

HB5501 Engrossed - 2643 - LRB102 24698 AMC 33937 b
1		Southerly 9.00 feet of said Outlot A; thence North 61
2		degrees 56 minutes 15 seconds East, on said northerly
3		line, 63.70 feet to a point of curvature; thence
4		Northeasterly, on a 909.00 foot radius curve, concave
5		Southeasterly, 93.69 feet, the chord of said curve bears
6		North 64 degrees 53 minutes 25 seconds East, 93.65 feet to
7		the north line of said Outlot A; thence North 88 degrees 35
8		minutes 58 seconds East, on said north line, 26.35 feet to
9		the Point of Beginning.
10		Said parcel containing 0.035 acre, more or less.
11		(b) This Section is repealed April 2, 2024 (3 years after
12		the effective date of Public Act 101-665) this amendatory Act
13		of the 101st General Assembly.
14		(Source: P.A. 101-665, eff. 4-2-21; revised 11-18-21.)
15		(735 ILCS 30/25-5-85)
16		(Section scheduled to be repealed on July 9, 2024)
17		Sec. 25-5-85 25-5-80. Quick-take; City of Woodstock;
18		Madison Street, South Street, and Lake Avenue.
19		(a) Quick-take proceedings under Article 20 may be used
20		for a period of no more than 2 years after July 9, 2021 (the
21		effective date of Public Act 102-53) this amendatory Act of
22		the 102nd General Assembly by the City of Woodstock for the
23		acquisition of the following described property for the
24		purpose of widening the right-of-way proximate to the

HB5501 Engrossed - 2644 - LRB102 24698 AMC 33937 b
1		intersection of Madison Street, South Street, and Lake Avenue
2		to construct a traffic roundabout:
3		That part of the north 47.5 feet of the south 87.5 feet of
4		Lots 7 and 8 in Block 18 in the Original Town of Centerville,
5		now City of Woodstock, a subdivision of part of the Southwest
6		Quarter of Section 5, Township 44 North, Range 7 East of the
7		Third Principal Meridian, according to the plat recorded June
8		10, 1844, in Book D of Deeds, page 201, in the City of
9		Woodstock, McHenry County, Illinois, described as follows
10		using bearings as referenced to Illinois State Plane
11		Coordinate System, East Zone North American Datum 1983 (2011
12		Adjustment):
13		Commencing at a 5/8-inch iron pipe found at the southwest
14		corner of said Lot 7; thence North 0 degrees 22 minutes 24
15		seconds West, 40.00 feet on the west line of said Lot 7 to the
16		south line of said north 47.5 feet of the south 87.5 feet of
17		Lots 7 and 8 for the Point of Beginning; thence North 89
18		degrees 14 minutes 44 seconds East, 15.06 feet along said
19		south line; thence northwesterly, 27.31 feet on a curve to the
20		right having a radius of 69.42 feet, the chord of said curve
21		bears North 34 degrees 05 minutes 52 seconds West, 27.13 feet
22		to the aforesaid west line of Lot 7; thence South 0 degrees 22
23		minutes 24 seconds East, 22.67 feet along said west line to the
24		Point of Beginning.

HB5501 Engrossed - 2645 - LRB102 24698 AMC 33937 b
1		Said parcel containing 0.003 acre or 145 square feet, more
2		or less.
3		***
4		The north 47.5 feet of the south 87.5 feet of Lots 7 and 8
5		in Block 18 in the Original Town of Centerville, now City of
6		Woodstock, a subdivision of part of the Southwest Quarter of
7		Section 5, Township 44 North, Range 7 East of the Third
8		Principal Meridian, according to the plat recorded June 10,
9		1844, in Book D of Deeds, page 201, situated in the County of
10		McHenry, in the State of Illinois, described as follows, using
11		bearings as referenced to Illinois State Plane Coordinate
12		System, East Zone North American Datum 1983 (2011 Adjustment):
13		Commencing at a 5/8-inch iron pipe found at the southwest
14		corner of said Lot 7; thence North 0 degrees 22 minutes 24
15		seconds West, 62.67 feet along the west line of said Lot 7 to
16		the Point of Beginning; thence continuing North 0 degrees 22
17		minutes 24 seconds West, 20.41 feet along said west line;
18		thence North 89 degrees 42 minutes 37 seconds East, 12.36
19		feet; thence South 0 degrees 17 minutes 23 seconds East, 29.21
20		feet; thence South 89 degrees 57 minutes 09 seconds East,
21		26.25 feet; thence South 0 degrees 10 minutes 38 seconds West,
22		13.45 feet to the south line of said 47.5 feet of the south

HB5501 Engrossed - 2646 - LRB102 24698 AMC 33937 b
1		87.5 feet of Lots 7 and 8; thence South 89 degrees 14 minutes
2		44 seconds West, 23.38 feet along said south line; thence
3		northwesterly, 27.31 feet on a curve to the right, having a
4		radius of 69.42 feet, the chord of said curve bears North 34
5		degrees 05 minutes 52 seconds West, 27.13 feet to the Point of
6		Beginning.
7		Said temporary easement containing 0.017 acre, more or
8		less.
9		***
10		The south 40 feet of Lots 7 and 8 in Block 18 in the
11		Original Plat of Town of Centerville, now City of Woodstock, a
12		subdivision of part of the Southwest Quarter of Section 5,
13		Township 44 North, Range 7 East of the Third Principal
14		Meridian, according to the plat recorded June 10, 1844, in
15		Book D of Deeds, page 201, in the City of Woodstock, McHenry
16		County, Illinois.
17		Said parcel containing 0.110 acre, more or less.
18		***
19		That part of Lot 204 of the Assessor's Plat of Section 8,
20		Township 44 North, Range 7 East of the Third Principal

HB5501 Engrossed - 2647 - LRB102 24698 AMC 33937 b
1		Meridian described as follows, using bearings as referenced to
2		Illinois State Plane Coordinate System, East Zone North
3		American Datum 1983 (2011 Adjustment):
4		Beginning at the most westerly point of said Lot 204;
5		thence South 89 degrees 50 minutes 58 seconds East, 72.00 feet
6		along the north line of said Lot 204, said line also being the
7		south right-of-way line of East South Street; thence South 22
8		degrees 00 minutes 17 seconds West, 47.64 feet to the
9		southwesterly line of said Lot 204, said line also being the
10		northeasterly right-of-way line of Lake Avenue; thence North
11		50 degrees 40 minutes 20 seconds West, 70.00 feet along said
12		southwesterly line to the Point of Beginning.
13		Said parcel containing 0.036 acre, more or less.
14		(b) This Section is repealed July 9, 2024 (3 years after
15		the effective date of Public Act 102-53) this amendatory Act
16		of the 102nd General Assembly.
17		(Source: P.A. 102-53, eff. 7-9-21; revised 11-18-21.)
18		(735 ILCS 30/25-5-90)
19		(Section scheduled to be repealed on August 20, 2024)
20		Sec. 25-5-90 25-5-80. Quick-take; Moultrie County;
21		Township Road 185A.
22		(a) Quick-take proceedings under Article 20 may be used

HB5501 Engrossed - 2648 - LRB102 24698 AMC 33937 b
1		for a period of no more than 2 years after August 20, 2021 (the
2		effective date of Public Act 102-564) this amendatory Act of
3		the 102nd General Assembly by Moultrie County for the
4		acquisition of the following described property for the
5		purpose of replacing a structure and constructing an
6		associated roadway on Township Road 185A:
7		A part of the Northeast Quarter of Section 11,
8		Township 12 North, Range 6 East of the Third Principal
9		Meridian located in Moultrie County, Illinois, more
10		particularly described as follows:
11		Commencing at the Southeast corner of the said
12		Northeast Quarter; thence North 88°48'50" West along the
13		South line of said Northeast Quarter, 966.15 feet to the
14		point of beginning; thence North 00°09'24" West, 13.14
15		feet to the centerline of proposed improvement; thence
16		continuing North 00°09'24" West, 30.00 feet to a point
17		being 30 feet distant measured and perpendicular to the
18		North of said centerline; thence North 84°54'18" West,
19		109.25 feet to a point being 40 feet distant measured and
20		perpendicular to and North of said centerline; thence
21		parallel with said centerline 169.29 feet along a circular
22		curve to the right having a chord bearing of North
23		68°09'28" West with a chord length of 165.14 feet and a
24		radius of 220.12 feet; thence parallel with said
25		centerline North 46°09'33" West, 296.16 feet: thence
26		parallel with said centerline 73.65 feet along a circular

HB5501 Engrossed - 2649 - LRB102 24698 AMC 33937 b
1		curve to the left having a chord bearing of North
2		53°10'55" West with a chord length of 73.47 feet and a
3		radius of 300.44 feet to the South line of the North 70
4		acres of the West Half of the said Northeast Quarter;
5		thence North 88°59'47" West along the South line of said
6		North 70 acres, 620.26 feet; thence South 01°25'31" East,
7		29.21 feet to the existing South right-of-way line of the
8		East-West public road; thence South 82°37'17" East, 75.89
9		feet to the point being 30 feet distant measured and
10		perpendicular to the South of the said centerline; thence
11		parallel with said centerline North 88°34'29" East, 100
12		feet; thence South 63°13'29" East, 42.32 feet to a point
13		being 50 feet distant measured and perpendicular to and
14		South of the said centerline; thence parallel with said
15		centerline 109.31 feet along a circular curve to the right
16		having a chord bearing of South 89°44'30" East, with a
17		chord length of 109.29 feet and a radius of 1859.51 feet;
18		thence North 89°05'34" East,100.58 feet to a point being
19		45 feet distant measured and perpendicular to and South of
20		said centerline; thence parallel with said centerline
21		South 88°03'29" East, 54.61 feet; thence parallel with
22		said centerline 157.54 feet along a circular curve to the
23		right having a chord bearing of South 67°06'30" East with
24		a chord length of 165.14 feet and a radius of 220.12 feet,;
25		thence parallel with said centerline South 46°09'33" East,
26		79.94 feet; thence North 43°50'27" East, 5.00 feet to a

HB5501 Engrossed - 2650 - LRB102 24698 AMC 33937 b
1		point being 40 feet distant measured and perpendicular to
2		and South of said centerline; thence parallel with said
3		centerline South 46°09'33" East, 161.15 feet to the West
4		line of Southeast Quarter of said Northeast Quarter;
5		thence South 01°05'23" East along the West line of said
6		Southeast Quarter of the Northeast Quarter, 87.37 feet to
7		the Southwest corner of said Southeast Quarter of the
8		Northeast Quarter; thence Easterly along the South line
9		said Northeast Quarter, 355.8 feet to the point of
10		beginning.
11		ALSO,
12		A part of the Northeast Quarter of Section 11,
13		Township 12 North, Range 6 East of the Third Principal
14		Meridian located in Moultrie County, Illinois, more
15		particularly described as follows:
16		Commencing at the Southeast corner of the said
17		Northeast Quarter; thence North 88°48'50" West along the
18		South line of said Northeast Quarter, 1319.84 feet; thence
19		North 01°11'10" East, 190.97 feet to a point being 40 feet
20		distant measured and perpendicular to and North of the
21		centerline of proposed improvement and the point of
22		beginning; thence North 43°50'27" East, 50.00 feet to a
23		point being 90 feet distant measured and perpendicular to
24		and North of said centerline: thence parallel with said
25		centerline North 46°09'33" West, 120.00 feet; thence South

HB5501 Engrossed - 2651 - LRB102 24698 AMC 33937 b
1		43°50'27" West, 50.00 feet to the proposed right-of-way
2		line of proposed improvement, said point being 40 feet
3		distant measured and perpendicular to and North of said
4		centerline; thence South 46°09'33" East along said
5		proposed right-of-way line, 120.00 feet to the point of
6		beginning.
7		ALSO,
8		A part of the Northeast Quarter of Section 11,
9		Township 12 North, Range 6 East of the Third Principal
10		Meridian located in Moultrie County, Illinois, more
11		particularly described as follows:
12		Commencing at the Southeast corner of the said
13		Northeast Quarter; thence North 88°48'50" West along the
14		South line of said Northeast Quarter, 1351.98 feet; thence
15		North 01°11'10" East, 111.80 feet to the proposed
16		right-of-way line of the proposed improvement, said point
17		being 40 feet distant measured and perpendicular to and
18		South of the centerline of proposed improvement and the
19		point of beginning; thence parallel with said centerline
20		North 46°09'33" West along said proposed right-of-way
21		line, 125.00 feet; thence South 43°50'27" West along said
22		proposed right-of-way line, 5.00 feet to a point being 45
23		feet distant measured and perpendicular to and South of
24		said centerline; thence parallel with said centerline
25		North 46°09'33" West along said proposed right-of-way,

HB5501 Engrossed - 2652 - LRB102 24698 AMC 33937 b
1		25.00 feet; thence South 43°50'27" West. 35.00 feet to a
2		point being 80 feet distant measured and perpendicular to
3		and South of said centerline; thence parallel with said
4		centerline South 46°09'33" East, 150.00 feet; North
5		43°50'27" East, 40.00 feet to the point of beginning.
6		ALSO,
7		A part of the Northeast Quarter of Section 11,
8		Township 12 North, Range 6 East of the Third Principal
9		Meridian located in Moultrie County, Illinois, more
10		particularly described as follows:
11		Commencing at the Southeast corner of the said
12		Northeast Quarter; thence North 88°48'50" West along the
13		South line of said Northeast Quarter, 1527.33 feet; thence
14		North 01°11'30" East, 264.11 feet to the proposed
15		right-of-way line of the proposed improvement, said point
16		being 45 feet distant measured and perpendicular to and
17		South of the centerline of proposed improvement and the
18		point of beginning; thence parallel with said centerline
19		73.33 feet along a circular curve to the left having a
20		chord bearing of North 63°12'22" West with a chord length
21		of 72.94 feet and a radius of 215.44 feet; thence South
22		17°06'20" West, 35.00 feet to a point being 80 feet
23		distant measured and perpendicular to and South of said
24		centerline; thence parallel with said centerline 61.41
25		feet along a circular curve to the right having a chord

HB5501 Engrossed - 2653 - LRB102 24698 AMC 33937 b
1		bearing of South 63°08'38" East with a chord length of
2		61.12 feet and a radius of 180.44 feet; thence North
3		36°36'25" East, 35.00 feet to the point of beginning.
4		(b) This Section is repealed August 20, 2024 (3 years
5		after the effective date of Public Act 102-564) this
6		amendatory Act of the 102nd General Assembly.
7		(Source: P.A. 102-564, eff. 8-20-21; revised 11-18-21.)
8		(735 ILCS 30/25-5-95)
9		(Section scheduled to be repealed on August 27, 2023)
10		Sec. 25-5-95 25-5-80. Quick-take; City of Decatur; Brush
11		College Road.
12		(a) Quick-take proceedings under Article 20 may be used
13		for a period of one year after August 27, 2021 (the effective
14		date of Public Act 102-624) this amendatory Act of the 102nd
15		General Assembly by the City of Decatur and Macon County for
16		the acquisition of the following described property for the
17		purpose of obtaining the necessary right-of-way for the
18		construction of a grade separation of Brush College Road over
19		Faries Parkway and the Norfolk Southern Railroad in Decatur,
20		Illinois.
21		PARCEL 57b
22		A part of the East 108.9 feet of Lot One (1) of Westlake
23		2nd Addition of Outlots to the City of Decatur, Illinois,
24		per Plat recorded in Book 335, Page 591 of the Records in

HB5501 Engrossed - 2654 - LRB102 24698 AMC 33937 b
1		the Recorder's Office of Macon County, Illinois and
2		described as follows:
3		Commencing at an Illinois Department of Transportation
4		Vault found at the northwest corner of Section 8, Township
5		16 North, Range 3 East of the Third Principal Meridian per
6		Monument Record recorded as Document 1894076 of the
7		records aforesaid; thence, along bearings reference to the
8		Illinois State Plane Coordinate System, NAD83 (2011
9		Adjustment), East Zone, North 89 degrees 06 minutes 39
10		seconds East 1204.57 feet, along the north line of the
11		Northwest Quarter of said Section 8; thence South 0
12		degrees 11 minutes 07 seconds East 7.33 feet to the
13		intersection of the west line of the East 108.9 feet of
14		said Lot One (1) with the north line of said Lot One (1)
15		and the Point of Beginning; thence North 87 degrees 53
16		minutes 06 seconds East 108.90 feet, along said north
17		line, also being the existing south right of way line of
18		East Faries Parkway per said Book 335, Page 591, to the
19		northeast corner of said Lot One (1); thence South 0
20		degrees 11 minutes 07 seconds East 389.96 feet, along the
21		east line of said Lot One (1), to the southeast corner of
22		said Lot One (1); thence South 87 degrees 53 minutes 21
23		seconds West 108.90 feet, along the south line of said Lot
24		One (1), also being the existing north right of way line of
25		East Logan Street per said Book 335, Page 591, to the

HB5501 Engrossed - 2655 - LRB102 24698 AMC 33937 b
1		southwest corner of the East 108.9 feet of said Lot One
2		(1); thence North 0 degrees 11 minutes 07 seconds West
3		34.92 feet along the west line of the East 108.9 feet of
4		said Lot One (1); thence North 42 degrees 59 minutes 54
5		seconds East 85.21 feet; thence North 02 degrees 28
6		minutes 18 seconds East 182.00 feet; thence North 33
7		degrees 26 minutes 49 seconds West 88.33 feet; thence
8		South 83 degrees 08 minutes 31 seconds West 18.43 feet to
9		the west line of the East 108.9 feet of said Lot One (1);
10		thence North 0 degrees 11 minutes 07 seconds West 39.38
11		feet, along said west line, to the Point of Beginning.
12		Said parcel contains 0.600 acres, more or less.
13		Temporary Construction Easement
14		A part of the East 108.9 feet of Lot One (1) of Westlake
15		2nd Addition of Outlots to the City of Decatur, Illinois,
16		per Plat recorded in Book 335, Page 591 of the Records in
17		the Recorder's Office of Macon County, Illinois and
18		described as follows:
19		Commencing at an Illinois Department of Transportation
20		Vault found at the northwest corner of Section 8, Township
21		16 North, Range 3 East of the Third Principal Meridian per
22		Monument Record recorded as Document 1894076 of the
23		records aforesaid; thence, along bearings reference to the
24		Illinois State Plane Coordinate System, NAD83 (2011

HB5501 Engrossed - 2656 - LRB102 24698 AMC 33937 b
1		Adjustment), East Zone, North 89 degrees 06 minutes 39
2		seconds East 1204.57 feet, along the north line of the
3		Northwest Quarter of said Section 8, to the intersection
4		of the northerly extension of the west line of the East
5		108.9 feet of said Lot One (1) with said north line; thence
6		South 0 degrees 11 minutes 07 seconds East 46.71 feet
7		along said northerly extension and said west line; thence
8		North 83 degrees 08 minutes 31 seconds East 18.43 feet;
9		thence South 33 degrees 26 minutes 49 seconds East 12.23
10		feet to the Point of Beginning; thence continue South 33
11		degrees 26 minutes 49 seconds East 41.57 feet; thence
12		North 89 degrees 34 minutes 37 seconds West 23.33 feet;
13		thence North 0 degrees 41 minutes 26 seconds East 34.52
14		feet to the Point of Beginning. Said parcel contains 0.009
15		acres (403 square feet), more or less.
16		PARCEL 57a
17		A part of the East one half of the West 446.77 feet of the
18		East 1003.67 feet of Lot One (1) and a part of the West 224
19		feet of the East 556.9 feet of Lot One (1) all of Westlake
20		2nd Addition of Outlots to the City of Decatur, Illinois,
21		per Plat recorded in Book 335, Page 591 of the Records in
22		the Recorder's Office of Macon County, Illinois and
23		described as follows:
24		Commencing at an Illinois Department of Transportation

HB5501 Engrossed - 2657 - LRB102 24698 AMC 33937 b
1		Vault found at the northwest corner of Section 8, Township
2		16 North, Range 3 East of the Third Principal Meridian per
3		Monument Record recorded as Document 1894076 of the
4		records aforesaid; thence, along bearings reference to the
5		Illinois State Plane Coordinate System, NAD83 (2011
6		Adjustment), East Zone, North 89 degrees 06 minutes 39
7		seconds East 533.51 feet, along the north line of the
8		Northwest Quarter of said Section 8; thence South 0
9		degrees 11 minutes 07 seconds East 36.17 feet to the
10		intersection of the west line of the East one half of the
11		West 446.77 feet of the East 1003.67 feet of said Lot One
12		(1) with the existing south right of way line of East
13		Faries Parkway per Book 2515, Page 103 of the records
14		aforesaid and the Point of Beginning; thence North 81
15		degrees 39 minutes 51 seconds East 16.50 feet along said
16		existing right of way line; thence North 84 degrees 23
17		minutes 14 seconds East 207.86 feet, along said existing
18		right of way line, to intersection of the north line of
19		said Lot One (1) with the west line of the East 556.9 feet
20		of said Lot One (1); thence North 87 degrees 53 minutes 06
21		seconds East 224.00 feet, along said north line, also
22		being the existing south right of way line of East Faries
23		Parkway per said Book 335, Page 591, to the east line of
24		the West 224 feet of the East 556.9 feet of said Lot One
25		(1); thence South 0 degrees 11 minutes 07 seconds East
26		58.03 feet along said east line; thence South 83 degrees

HB5501 Engrossed - 2658 - LRB102 24698 AMC 33937 b
1		08 minutes 31 seconds West 145.41 feet; thence South 86
2		degrees 40 minutes 37 seconds West 208.00 feet; thence
3		South 58 degrees 45 minutes 06 seconds West 110.93 feet to
4		the west line of the East one half of the West 446.77 feet
5		of the East 1003.67 feet of said Lot One (1); thence North
6		0 degrees 11 minutes 07 seconds West 114.00 feet, along
7		said west line, to the Point of Beginning. Said parcel
8		contains 0.743 acres, more or less.
9		Temporary Construction Easement
10		A part of the West 224 feet of the East 556.9 feet of Lot
11		One (1) of Westlake 2nd Addition of Outlots to the City of
12		Decatur, Illinois, per Plat recorded in Book 335, Page 591
13		of the Records in the Recorder's Office of Macon County,
14		Illinois and described as follows:
15		Commencing at an Illinois Department of Transportation
16		Vault found at the northwest corner of Section 8, Township
17		16 North, Range 3 East of the Third Principal Meridian per
18		Monument Record recorded as Document 1894076 of the
19		records aforesaid; thence, along bearings reference to the
20		Illinois State Plane Coordinate System, NAD83 (2011
21		Adjustment), East Zone, North 89 degrees 06 minutes 39
22		seconds East 533.51 feet, along the north line of the
23		Northwest Quarter of said Section 8, to the intersection
24		of the northerly extension of the west line of the East one

HB5501 Engrossed - 2659 - LRB102 24698 AMC 33937 b
1		half of the West 446.77 feet of the East 1003.67 feet of
2		said Lot One (1) with said north line; thence South 0
3		degrees 11 minutes 07 seconds East 150.17 feet along said
4		northerly extension and said west line; thence North 58
5		degrees 45 minutes 06 seconds East 110.93 feet; thence
6		North 86 degrees 40 minutes 37 seconds East 208.00 feet to
7		the Point of Beginning; thence North 83 degrees 08 minutes
8		31 seconds East 91.78 feet; thence South 2 degrees 02
9		minutes 57 seconds East 5.66 feet; thence South 86 degrees
10		40 minutes 37 seconds West 91.48 feet to the Point of
11		Beginning. Said parcel contains 0.006 acres (259 square
12		feet), more or less.
13		PARCEL 39
14		Lot 8 of Westlake 2nd Addition of Outlots to the City of
15		Decatur, as per Plat recorded in Book 335, Page 591 of the
16		Records in the Recorder's Office of Macon County, Illinois
17		also known as 1880 North Brush College Road.
18		(b) This Section is repealed August 27, 2023 (2 years
19		after the effective date of Public Act 102-624) this
20		amendatory Act of the 102nd General Assembly.
21		(Source: P.A. 102-624, eff. 8-27-21; revised 11-18-21.)
22		Section 685. The Illinois Marriage and Dissolution of
23		Marriage Act is amended by setting forth and renumbering

HB5501 Engrossed - 2660 - LRB102 24698 AMC 33937 b
1		multiple versions of Section 221 as follows:
2		(750 ILCS 5/221)
3		Sec. 221. Name change on marriage certificate. For a
4		person married in any county in this State, the county clerk
5		shall issue a new marriage certificate when it receives legal
6		documentation indicating that one of the parties listed on the
7		certificate has legally changed names. An order for name
8		change issued pursuant to Section 21-101 of the Code of Civil
9		Procedure shall be the only legal documentation that a county
10		clerk may require. The new marriage certificate shall reflect
11		the legal name change and shall bear no additional markings.
12		(Source: P.A. 102-169, eff. 7-27-21.)
13		(750 ILCS 5/222)
14		Sec. 222 221. Request for changing or removing gender
15		identifying language on a marriage certificate.
16		(a) Upon completion of an affidavit provided by the county
17		clerk and confirmation of identity, a person, still currently
18		married, may request a certificate of the person's current
19		marriage free of any gender identifying language. The person
20		may request a change from terms such as "bride" and "groom" to
21		a nongendered term such as "spouse" or a variant of "Spouse 1"
22		or "Spouse A". Upon such request, both parties shall be listed
23		with a nongendered identifier on a certificate. The request
24		shall not permanently change the gender identifying language

HB5501 Engrossed - 2661 - LRB102 24698 AMC 33937 b
1		in the clerk's records, and the affidavit and issuance shall
2		be kept in the permanent records of the clerk.
3		The affidavit shall be created by the county clerk, may
4		appear on a combined form with the form under subsection (b),
5		and shall be substantially as follows:
6		REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE
7		I, .........., state that I am a named spouse on a
8		marriage license held in this office, that I am still
9		married to the other named spouse on that marriage license
10		as of the date of this request, and hereby request the
11		holder of this record provide me, and only me, with a
12		marriage certificate with any gender-identifying language
13		removed or changed to "spouse". I affirm that this change
14		is for purposes of this certified copy, the change will
15		not be made to permanent records, and a record of this
16		request shall be held by the holder of this marriage
17		record.
18		Date..........
19		Signature..........
20		(b) If 2 parties currently married request a marriage
21		certificate with gender identifiers changed, such as "bride"
22		to "groom" or "groom" to "bride", both parties shall appear
23		before the clerk, indicate consent, and complete an affidavit.
24		If the clerk is technologically able and the parties desire,
25		the change in gender is permanent.
26		The affidavit shall be created by the county clerk, may

HB5501 Engrossed - 2662 - LRB102 24698 AMC 33937 b
1		appear on a combined form with the form under subsection (a),
2		and shall be substantially as follows:
3		REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE
4		We, ..........[Spouse A] and ..........[Spouse B], the
5		still-married named persons on a marriage license held in
6		this office as of the date of this request, hereby request
7		the holder of this record to provide a marriage
8		certificate with gender-identifying terms such as "bride"
9		and "groom" changed as follows:
10		..........[Name of Spouse A] Bride, Groom, or Spouse
11		(select one).
12		..........[Name of Spouse B] Bride, Groom, or Spouse
13		(select one).
14		We affirm that this change is for purposes of this
15		certified copy, and the change will not be made to
16		permanent records, unless indicated by selecting Yes or No
17		(select one) and a record of this request shall be held by
18		the holder of this marriage record.
19		Date..........
20		Signature of Spouse A..........
21		Signature of Spouse B..........
22		(c) If a county provides a certified record, photocopy, or
23		reproduction of an original record in lieu of a summary data
24		sheet, the county clerk shall work with the Department of
25		Public Health to develop a new certificate that can be issued
26		in lieu of a reproduction of the prior record. Nothing in this

HB5501 Engrossed - 2663 - LRB102 24698 AMC 33937 b
1		subsection authorizes the county clerk to permanently mark or
2		deface a prior record in lieu of a summary data sheet
3		certificate.
4		(d) When a clerk issues a nongendered marriage certificate
5		under subsection (a), the certificate shall not include any
6		language indicating it has been amended nor that it is not a
7		true and accurate record of the facts stated therein.
8		(Source: P.A. 102-171, eff. 1-1-22; revised 11-18-21.)
9		Section 690. The Illinois Domestic Violence Act of 1986 is
10		amended by changing Section 301 as follows:
11		(750 ILCS 60/301) (from Ch. 40, par. 2313-1)
12		(Text of Section before amendment by P.A. 101-652)
13		Sec. 301. Arrest without warrant.
14		(a) Any law enforcement officer may make an arrest without
15		warrant if the officer has probable cause to believe that the
16		person has committed or is committing any crime, including but
17		not limited to violation of an order of protection, under
18		Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
19		Criminal Code of 2012, even if the crime was not committed in
20		the presence of the officer.
21		(b) The law enforcement officer may verify the existence
22		of an order of protection by telephone or radio communication
23		with his or her law enforcement agency or by referring to the
24		copy of the order, or order of protection described on a Hope

HB5501 Engrossed - 2664 - LRB102 24698 AMC 33937 b
1		Card under Section 219.5, provided by the petitioner or
2		respondent.
3		(c) Any law enforcement officer may make an arrest without
4		warrant if the officer has reasonable grounds to believe a
5		defendant at liberty under the provisions of subdivision
6		(d)(1) or (d)(2) of Section 110-10 of the Code of Criminal
7		Procedure of 1963 has violated a condition of his or her bail
8		bond or recognizance.
9		(Source: P.A. 102-481, eff. 1-1-22.)
10		(Text of Section after amendment by P.A. 101-652)
11		Sec. 301. Arrest without warrant.
12		(a) Any law enforcement officer may make an arrest without
13		warrant if the officer has probable cause to believe that the
14		person has committed or is committing any crime, including but
15		not limited to violation of an order of protection, under
16		Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
17		Criminal Code of 2012, even if the crime was not committed in
18		the presence of the officer.
19		(b) The law enforcement officer may verify the existence
20		of an order of protection by telephone or radio communication
21		with his or her law enforcement agency or by referring to the
22		copy of the order, or order of protection described on a Hope
23		Card under Section 219.5, provided by the petitioner or
24		respondent.
25		(c) Any law enforcement officer may make an arrest without

HB5501 Engrossed - 2665 - LRB102 24698 AMC 33937 b
1		warrant if the officer has reasonable grounds to believe a
2		defendant at liberty under the provisions of subdivision
3		(d)(1) or (d)(2) of Section 110-10 of the Code of Criminal
4		Procedure of 1963 has violated a condition of his or her
5		pretrial release or recognizance.
6		(Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22;
7		revised 10-14-21.)
8		Section 695. The Probate Act of 1975 is amended by
9		changing Sections 11a-2, 11a-10, and 11a-17 as follows:
10		(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)
11		Sec. 11a-2. "Person with a disability" defined.) "Person
12		with a disability" means a person 18 years or older who (a)
13		because of mental deterioration or physical incapacity is not
14		fully able to manage his person or estate, or (b) is a person
15		with mental illness or a person with a developmental
16		disability and who because of his mental illness or
17		developmental disability is not fully able to manage his
18		person or estate, or (c) because of gambling, idleness,
19		debauchery, or excessive use of intoxicants or drugs, so
20		spends or wastes his estate as to expose himself or his family
21		to want or suffering, or (d) is diagnosed with fetal alcohol
22		syndrome or fetal alcohol effects.
23		(Source: P.A. 99-143, eff. 7-27-15; revised 11-24-21.)

HB5501 Engrossed - 2666 - LRB102 24698 AMC 33937 b
1		(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
2		Sec. 11a-10. Procedures preliminary to hearing.
3		(a) Upon the filing of a petition pursuant to Section
4		11a-8, the court shall set a date and place for hearing to take
5		place within 30 days. The court shall appoint a guardian ad
6		litem to report to the court concerning the respondent's best
7		interests consistent with the provisions of this Section,
8		except that the appointment of a guardian ad litem shall not be
9		required when the court determines that such appointment is
10		not necessary for the protection of the respondent or a
11		reasonably informed decision on the petition. If the guardian
12		ad litem is not a licensed attorney, he or she shall be
13		qualified, by training or experience, to work with or advocate
14		for persons with developmental disabilities, the mentally ill,
15		persons with physical disabilities, the elderly, or persons
16		with a disability due to mental deterioration, depending on
17		the type of disability that is alleged in the petition. The
18		court may allow the guardian ad litem reasonable compensation.
19		The guardian ad litem may consult with a person who by training
20		or experience is qualified to work with persons with a
21		developmental disability, persons with mental illness, persons
22		with physical disabilities, or persons with a disability due
23		to mental deterioration, depending on the type of disability
24		that is alleged. The guardian ad litem shall personally
25		observe the respondent prior to the hearing and shall inform
26		him orally and in writing of the contents of the petition and

HB5501 Engrossed - 2667 - LRB102 24698 AMC 33937 b
1		of his rights, including providing a copy of the notice of
2		rights required under subsection (e). The guardian ad litem
3		shall also attempt to elicit the respondent's position
4		concerning the adjudication of disability, the proposed
5		guardian, a proposed change in residential placement, changes
6		in care that might result from the guardianship, and other
7		areas of inquiry deemed appropriate by the court.
8		Notwithstanding any provision in the Mental Health and
9		Developmental Disabilities Confidentiality Act or any other
10		law, a guardian ad litem shall have the right to inspect and
11		copy any medical or mental health record of the respondent
12		which the guardian ad litem deems necessary, provided that the
13		information so disclosed shall not be utilized for any other
14		purpose nor be redisclosed except in connection with the
15		proceedings. At or before the hearing, the guardian ad litem
16		shall file a written report detailing his or her observations
17		of the respondent, the responses of the respondent to any of
18		the inquiries detailed in this Section, the opinion of the
19		guardian ad litem or other professionals with whom the
20		guardian ad litem consulted concerning the appropriateness of
21		guardianship, and any other material issue discovered by the
22		guardian ad litem. The guardian ad litem shall appear at the
23		hearing and testify as to any issues presented in his or her
24		report.
25		(b) The court (1) may appoint counsel for the respondent,
26		if the court finds that the interests of the respondent will be

HB5501 Engrossed - 2668 - LRB102 24698 AMC 33937 b
1		best served by the appointment, and (2) shall appoint counsel
2		upon the respondent's request or if the respondent takes a
3		position adverse to that of the guardian ad litem. The
4		respondent shall be permitted to obtain the appointment of
5		counsel either at the hearing or by any written or oral request
6		communicated to the court prior to the hearing. The summons
7		shall inform the respondent of this right to obtain appointed
8		counsel. The court may allow counsel for the respondent
9		reasonable compensation.
10		(c) The allocation of guardian ad litem fees and costs is
11		within the discretion of the court. No legal fees, appointed
12		counsel fees, guardian ad litem fees, or costs shall be
13		assessed against the Office of the State Guardian, the public
14		guardian, an adult protective services agency, the Department
15		of Children and Family Services, or the agency designated by
16		the Governor under Section 1 of the Protection and Advocacy
17		for Persons with Developmental Disabilities Act.
18		(d) The hearing may be held at such convenient place as the
19		court directs, including at a facility in which the respondent
20		resides.
21		(e) Unless he is the petitioner, the respondent shall be
22		personally served with a copy of the petition and a summons not
23		less than 14 days before the hearing. The summons shall be
24		printed in large, bold type and shall include the following:
25		NOTICE OF RIGHTS OF RESPONDENT
26		You have been named as a respondent in a guardianship

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1		petition asking that you be declared a person with a
2		disability. If the court grants the petition, a guardian will
3		be appointed for you. A copy of the guardianship petition is
4		attached for your convenience.
5		The date and time of the hearing are:
6		The place where the hearing will occur is:
7		The Judge's name and phone number is:
8		If a guardian is appointed for you, the guardian may be
9		given the right to make all important personal decisions for
10		you, such as where you may live, what medical treatment you may
11		receive, what places you may visit, and who may visit you. A
12		guardian may also be given the right to control and manage your
13		money and other property, including your home, if you own one.
14		You may lose the right to make these decisions for yourself.
15		You have the following legal rights:
16		(1) You have the right to be present at the court
17		hearing.
18		(2) You have the right to be represented by a lawyer,
19		either one that you retain, or one appointed by the Judge.
20		(3) You have the right to ask for a jury of six persons
21		to hear your case.
22		(4) You have the right to present evidence to the
23		court and to confront and cross-examine witnesses.
24		(5) You have the right to ask the Judge to appoint an
25		independent expert to examine you and give an opinion
26		about your need for a guardian.

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1		(6) You have the right to ask that the court hearing be
2		closed to the public.
3		(7) You have the right to tell the court whom you
4		prefer to have for your guardian.
5		(8) You have the right to ask a judge to find that
6		although you lack some capacity to make your own
7		decisions, you can make other decisions, and therefore it
8		is best for the court to appoint only a limited guardian
9		for you.
10		You do not have to attend the court hearing if you do not
11		want to be there. If you do not attend, the Judge may appoint a
12		guardian if the Judge finds that a guardian would be of benefit
13		to you. The hearing will not be postponed or canceled if you do
14		not attend. If you are unable to attend the hearing in person
15		or you will suffer harm if you attend, the Judge can decide to
16		hold the hearing at a place that is convenient. The Judge can
17		also follow the rule of the Supreme Court of this State, or its
18		local equivalent, and decide if a video conference is
19		appropriate.
20		IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
21		NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
22		PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
23		IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
24		PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
25		TELL THE JUDGE.
26		Service of summons and the petition may be made by a

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1		private person 18 years of age or over who is not a party to
2		the action.
3		[END OF FORM] .
4		(f) Notice of the time and place of the hearing shall be
5		given by the petitioner by mail or in person to those persons,
6		including the proposed guardian, whose names and addresses
7		appear in the petition and who do not waive notice, not less
8		than 14 days before the hearing.
9		(Source: P.A. 102-72, eff. 1-1-22; 102-191, eff. 1-1-22;
10		revised 9-22-21.)
11		(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
12		Sec. 11a-17. Duties of personal guardian.
13		(a) To the extent ordered by the court and under the
14		direction of the court, the guardian of the person shall have
15		custody of the ward and the ward's minor and adult dependent
16		children and shall procure for them and shall make provision
17		for their support, care, comfort, health, education and
18		maintenance, and professional services as are appropriate, but
19		the ward's spouse may not be deprived of the custody and
20		education of the ward's minor and adult dependent children,
21		without the consent of the spouse, unless the court finds that
22		the spouse is not a fit and competent person to have that
23		custody and education. The guardian shall assist the ward in
24		the development of maximum self-reliance and independence. The
25		guardian of the person may petition the court for an order

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1		directing the guardian of the estate to pay an amount
2		periodically for the provision of the services specified by
3		the court order. If the ward's estate is insufficient to
4		provide for education and the guardian of the ward's person
5		fails to provide education, the court may award the custody of
6		the ward to some other person for the purpose of providing
7		education. If a person makes a settlement upon or provision
8		for the support or education of a ward, the court may make an
9		order for the visitation of the ward by the person making the
10		settlement or provision as the court deems proper. A guardian
11		of the person may not admit a ward to a mental health facility
12		except at the ward's request as provided in Article IV of the
13		Mental Health and Developmental Disabilities Code and unless
14		the ward has the capacity to consent to such admission as
15		provided in Article IV of the Mental Health and Developmental
16		Disabilities Code.
17		(a-3) If a guardian of an estate has not been appointed,
18		the guardian of the person may, without an order of court,
19		open, maintain, and transfer funds to an ABLE account on
20		behalf of the ward and the ward's minor and adult dependent
21		children as specified under Section 16.6 of the State
22		Treasurer Act.
23		(a-5) If the ward filed a petition for dissolution of
24		marriage under the Illinois Marriage and Dissolution of
25		Marriage Act before the ward was adjudicated a person with a
26		disability under this Article, the guardian of the ward's

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1		person and estate may maintain that action for dissolution of
2		marriage on behalf of the ward. Upon petition by the guardian
3		of the ward's person or estate, the court may authorize and
4		direct a guardian of the ward's person or estate to file a
5		petition for dissolution of marriage or to file a petition for
6		legal separation or declaration of invalidity of marriage
7		under the Illinois Marriage and Dissolution of Marriage Act on
8		behalf of the ward if the court finds by clear and convincing
9		evidence that the relief sought is in the ward's best
10		interests. In making its determination, the court shall
11		consider the standards set forth in subsection (e) of this
12		Section.
13		(a-10) Upon petition by the guardian of the ward's person
14		or estate, the court may authorize and direct a guardian of the
15		ward's person or estate to consent, on behalf of the ward, to
16		the ward's marriage pursuant to Part II of the Illinois
17		Marriage and Dissolution of Marriage Act if the court finds by
18		clear and convincing evidence that the marriage is in the
19		ward's best interests. In making its determination, the court
20		shall consider the standards set forth in subsection (e) of
21		this Section. Upon presentation of a court order authorizing
22		and directing a guardian of the ward's person and estate to
23		consent to the ward's marriage, the county clerk shall accept
24		the guardian's application, appearance, and signature on
25		behalf of the ward for purposes of issuing a license to marry
26		under Section 203 of the Illinois Marriage and Dissolution of

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1		Marriage Act.
2		(b) If the court directs, the guardian of the person shall
3		file with the court at intervals indicated by the court, a
4		report that shall state briefly: (1) the current mental,
5		physical, and social condition of the ward and the ward's
6		minor and adult dependent children; (2) their present living
7		arrangement, and a description and the address of every
8		residence where they lived during the reporting period and the
9		length of stay at each place; (3) a summary of the medical,
10		educational, vocational, and other professional services given
11		to them; (4) a resume of the guardian's visits with and
12		activities on behalf of the ward and the ward's minor and adult
13		dependent children; (5) a recommendation as to the need for
14		continued guardianship; (6) any other information requested by
15		the court or useful in the opinion of the guardian. The Office
16		of the State Guardian shall assist the guardian in filing the
17		report when requested by the guardian. The court may take such
18		action as it deems appropriate pursuant to the report.
19		(c) Absent court order pursuant to the Illinois Power of
20		Attorney Act directing a guardian to exercise powers of the
21		principal under an agency that survives disability, the
22		guardian has no power, duty, or liability with respect to any
23		personal or health care matters covered by the agency. This
24		subsection (c) applies to all agencies, whenever and wherever
25		executed.
26		(d) A guardian acting as a surrogate decision maker under

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1		the Health Care Surrogate Act shall have all the rights of a
2		surrogate under that Act without court order including the
3		right to make medical treatment decisions such as decisions to
4		forgo or withdraw life-sustaining treatment. Any decisions by
5		the guardian to forgo or withdraw life-sustaining treatment
6		that are not authorized under the Health Care Surrogate Act
7		shall require a court order. Nothing in this Section shall
8		prevent an agent acting under a power of attorney for health
9		care from exercising his or her authority under the Illinois
10		Power of Attorney Act without further court order, unless a
11		court has acted under Section 2-10 of the Illinois Power of
12		Attorney Act. If a guardian is also a health care agent for the
13		ward under a valid power of attorney for health care, the
14		guardian acting as agent may execute his or her authority
15		under that act without further court order.
16		(e) Decisions made by a guardian on behalf of a ward shall
17		be made in accordance with the following standards for
18		decision making. The guardian shall consider the ward's
19		current preferences to the extent the ward has the ability to
20		participate in decision making when those preferences are
21		known or reasonably ascertainable by the guardian. Decisions
22		by the guardian shall conform to the ward's current
23		preferences: (1) unless the guardian reasonably believes that
24		doing so would result in substantial harm to the ward's
25		welfare or personal or financial interests; and (2) so long as
26		such decisions give substantial weight to what the ward, if

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1		competent, would have done or intended under the
2		circumstances, taking into account evidence that includes, but
3		is not limited to, the ward's personal, philosophical,
4		religious and moral beliefs, and ethical values relative to
5		the decision to be made by the guardian. Where possible, the
6		guardian shall determine how the ward would have made a
7		decision based on the ward's previously expressed preferences,
8		and make decisions in accordance with the preferences of the
9		ward. If the ward's wishes are unknown and remain unknown
10		after reasonable efforts to discern them, or if the guardian
11		reasonably believes that a decision made in conformity with
12		the ward's preferences would result in substantial harm to the
13		ward's welfare or personal or financial interests, the
14		decision shall be made on the basis of the ward's best
15		interests as determined by the guardian. In determining the
16		ward's best interests, the guardian shall weigh the reason for
17		and nature of the proposed action, the benefit or necessity of
18		the action, the possible risks and other consequences of the
19		proposed action, and any available alternatives and their
20		risks, consequences and benefits, and shall take into account
21		any other information, including the views of family and
22		friends, that the guardian believes the ward would have
23		considered if able to act for herself or himself.
24		(f) Upon petition by any interested person (including the
25		standby or short-term guardian), with such notice to
26		interested persons as the court directs and a finding by the

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1		court that it is in the best interests of the person with a
2		disability, the court may terminate or limit the authority of
3		a standby or short-term guardian or may enter such other
4		orders as the court deems necessary to provide for the best
5		interests of the person with a disability. The petition for
6		termination or limitation of the authority of a standby or
7		short-term guardian may, but need not, be combined with a
8		petition to have another guardian appointed for the person
9		with a disability.
10		(g)(1) Unless there is a court order to the contrary, the
11		guardian, consistent with the standards set forth in
12		subsection (e) of this Section, shall use reasonable efforts
13		to notify the ward's known adult children, who have requested
14		notification and provided contact information, of the ward's
15		admission to a hospital, hospice, or palliative care program,
16		the ward's death, and the arrangements for the disposition of
17		the ward's remains.
18		(2) If a guardian unreasonably prevents an adult child,
19		spouse, adult grandchild, parent, or adult sibling of the ward
20		from visiting the ward, the court, upon a verified petition,
21		may order the guardian to permit visitation between the ward
22		and the adult child, spouse, adult grandchild, parent, or
23		adult sibling. In making its determination, the court shall
24		consider the standards set forth in subsection (e) of this
25		Section. The court shall not allow visitation if the court
26		finds that the ward has capacity to evaluate and communicate

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1		decisions regarding visitation and expresses a desire not to
2		have visitation with the petitioner. This subsection (g) does
3		not apply to duly appointed public guardians or the Office of
4		State Guardian.
5		(Source: P.A. 101-329, eff. 8-9-19; 102-72, eff. 1-1-22;
6		102-258, eff. 8-6-21; revised 9-22-21.)
7		Section 700. The Real Property Transfer on Death
8		Instrument Act is amended by changing Section 5 as follows:
9		(755 ILCS 27/5)
10		Sec. 5. Definitions. In this Act:
11		"Beneficiary" means a person that receives real property
12		under a transfer on death instrument.
13		"Designated beneficiary" means a person designated to
14		receive real property under a transfer on death instrument.
15		"Joint owner" means an individual who owns real property
16		concurrently with one or more other individuals with a right
17		of survivorship. The term includes a joint tenant or a tenant
18		by the entirety. The term does not include a tenant in common.
19		"Owner" means an individual who owns an interest in real
20		property. "Owner" does not include a trustee or an individual
21		acting in a fiduciary, representative, or agency capacity who
22		holds an interest in real property.
23		"Person" means: an individual; a corporation; a business
24		trust; a trustee of a land trust, a revocable or irrevocable

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1		trust, a trust created under a will or under a transfer on
2		death instrument; a partnership; a limited liability company;
3		an association; a joint venture; a public corporation; a
4		government or governmental subdivision; an agency; an
5		instrumentality; a guardian; a custodian designated or to be
6		designated under any state's uniform transfers to minors act;
7		or any other legal entity. inter vivos
8		"Real property" means an interest in realty located in
9		this State capable of being transferred on the death of the
10		owner.
11		"Residential real estate" means real property improved
12		with not less than one nor more than 4 residential dwelling
13		units; a residential condominium unit, including but not
14		limited to the common elements allocated to the exclusive use
15		thereof that form an integral part of the condominium unit and
16		any parking unit or units specified by the declaration to be
17		allocated to a specific residential condominium unit; or a
18		single tract of agriculture real estate consisting of 40 acres
19		or less which is improved with a single family residence. If a
20		declaration of condominium ownership provides for individually
21		owned and transferable parking units, "residential real
22		estate" does not include the parking unit of a specific
23		residential condominium unit unless the parking unit is
24		included in the legal description of the property being
25		transferred by a transfer on death instrument.
26		"Transfer on death instrument" means an instrument

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1		authorized under this Act.
2		(Source: P.A. 102-68, eff. 1-1-22; 102-558, eff. 8-20-21;
3		revised 10-12-21.)
4		Section 705. The Illinois Power of Attorney Act is amended
5		by changing Sections 4-6 and 4-10 as follows:
6		(755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6)
7		Sec. 4-6. Revocation and amendment of health care
8		agencies.
9		(a) Unless the principal elects a delayed revocation
10		period pursuant to subsection (a-5), every health care agency
11		may be revoked by the principal at any time, without regard to
12		the principal's mental or physical condition, by any of the
13		following methods:
14		1. By being obliterated, burnt, torn, or otherwise
15		destroyed or defaced in a manner indicating intention to
16		revoke;
17		2. By a written revocation of the agency signed and
18		dated by the principal or person acting at the direction
19		of the principal, regardless of whether the written
20		revocation is in an electronic or hard copy format;
21		3. By an oral or any other expression of the intent to
22		revoke the agency in the presence of a witness 18 years of
23		age or older who signs and dates a writing confirming that
24		such expression of intent was made; or

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1		4. For an electronic health care agency, by deleting
2		in a manner indicating the intention to revoke. An
3		electronic health care agency may be revoked
4		electronically using a generic, technology-neutral system
5		in which each user is assigned a unique identifier that is
6		securely maintained and in a manner that meets the
7		regulatory requirements for a digital or electronic
8		signature. Compliance with the standards defined in the
9		Uniform Electronic Transactions Act or the implementing
10		rules of the Hospital Licensing Act for medical record
11		entry authentication for author validation of the
12		documentation, content accuracy, and completeness meets
13		this standard.
14		(a-5) A principal may elect a 30-day delay of the
15		revocation of the principal's health care agency. If a
16		principal makes this election, the principal's revocation
17		shall be delayed for 30 days after the principal communicates
18		his or her intent to revoke.
19		(b) Every health care agency may be amended at any time by
20		a written amendment signed and dated by the principal or
21		person acting at the direction of the principal.
22		(c) Any person, other than the agent, to whom a revocation
23		or amendment is communicated or delivered shall make all
24		reasonable efforts to inform the agent of that fact as
25		promptly as possible.
26		(Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21;

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1		102-181, eff. 7-30-21; revised 9-22-21.)
2		(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
3		Sec. 4-10. Statutory short form power of attorney for
4		health care.
5		(a) The form prescribed in this Section (sometimes also
6		referred to in this Act as the "statutory health care power")
7		may be used to grant an agent powers with respect to the
8		principal's own health care; but the statutory health care
9		power is not intended to be exclusive nor to cover delegation
10		of a parent's power to control the health care of a minor
11		child, and no provision of this Article shall be construed to
12		invalidate or bar use by the principal of any other or
13		different form of power of attorney for health care.
14		Nonstatutory health care powers must be executed by the
15		principal, designate the agent and the agent's powers, and
16		comply with the limitations in Section 4-5 of this Article,
17		but they need not be witnessed or conform in any other respect
18		to the statutory health care power.
19		No specific format is required for the statutory health
20		care power of attorney other than the notice must precede the
21		form. The statutory health care power may be included in or
22		combined with any other form of power of attorney governing
23		property or other matters.
24		The signature and execution requirements set forth in this
25		Article are satisfied by: (i) written signatures or initials;

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1		or (ii) electronic signatures or computer-generated signature
2		codes. Electronic documents under this Act may be created,
3		signed, or revoked electronically using a generic,
4		technology-neutral system in which each user is assigned a
5		unique identifier that is securely maintained and in a manner
6		that meets the regulatory requirements for a digital or
7		electronic signature. Compliance with the standards defined in
8		the Uniform Electronic Transactions Act or the implementing
9		rules of the Hospital Licensing Act for medical record entry
10		authentication for author validation of the documentation,
11		content accuracy, and completeness meets this standard.
12		(b) The Illinois Statutory Short Form Power of Attorney
13		for Health Care shall be substantially as follows:
14		NOTICE TO THE INDIVIDUAL SIGNING
15		THE POWER OF ATTORNEY FOR HEALTH CARE
16		No one can predict when a serious illness or accident
17		might occur. When it does, you may need someone else to speak
18		or make health care decisions for you. If you plan now, you can
19		increase the chances that the medical treatment you get will
20		be the treatment you want.
21		In Illinois, you can choose someone to be your "health
22		care agent". Your agent is the person you trust to make health
23		care decisions for you if you are unable or do not want to make
24		them yourself. These decisions should be based on your
25		personal values and wishes.

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1		It is important to put your choice of agent in writing. The
2		written form is often called an "advance directive". You may
3		use this form or another form, as long as it meets the legal
4		requirements of Illinois. There are many written and online
5		on-line resources to guide you and your loved ones in having a
6		conversation about these issues. You may find it helpful to
7		look at these resources while thinking about and discussing
8		your advance directive.
9		WHAT ARE THE THINGS I WANT MY
10		HEALTH CARE AGENT TO KNOW?
11		The selection of your agent should be considered
12		carefully, as your agent will have the ultimate
13		decision-making authority once this document goes into effect,
14		in most instances after you are no longer able to make your own
15		decisions. While the goal is for your agent to make decisions
16		in keeping with your preferences and in the majority of
17		circumstances that is what happens, please know that the law
18		does allow your agent to make decisions to direct or refuse
19		health care interventions or withdraw treatment. Your agent
20		will need to think about conversations you have had, your
21		personality, and how you handled important health care issues
22		in the past. Therefore, it is important to talk with your agent
23		and your family about such things as:
24		(i) What is most important to you in your life?
25		(ii) How important is it to you to avoid pain and

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1		suffering?
2		(iii) If you had to choose, is it more important to you
3		to live as long as possible, or to avoid prolonged
4		suffering or disability?
5		(iv) Would you rather be at home or in a hospital for
6		the last days or weeks of your life?
7		(v) Do you have religious, spiritual, or cultural
8		beliefs that you want your agent and others to consider?
9		(vi) Do you wish to make a significant contribution to
10		medical science after your death through organ or whole
11		body donation?
12		(vii) Do you have an existing advance directive, such
13		as a living will, that contains your specific wishes about
14		health care that is only delaying your death? If you have
15		another advance directive, make sure to discuss with your
16		agent the directive and the treatment decisions contained
17		within that outline your preferences. Make sure that your
18		agent agrees to honor the wishes expressed in your advance
19		directive.
20		WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
21		If there is ever a period of time when your physician
22		determines that you cannot make your own health care
23		decisions, or if you do not want to make your own decisions,
24		some of the decisions your agent could make are to:
25		(i) talk with physicians and other health care

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1		providers about your condition.
2		(ii) see medical records and approve who else can see
3		them.
4		(iii) give permission for medical tests, medicines,
5		surgery, or other treatments.
6		(iv) choose where you receive care and which
7		physicians and others provide it.
8		(v) decide to accept, withdraw, or decline treatments
9		designed to keep you alive if you are near death or not
10		likely to recover. You may choose to include guidelines
11		and/or restrictions to your agent's authority.
12		(vi) agree or decline to donate your organs or your
13		whole body if you have not already made this decision
14		yourself. This could include donation for transplant,
15		research, and/or education. You should let your agent know
16		whether you are registered as a donor in the First Person
17		Consent registry maintained by the Illinois Secretary of
18		State or whether you have agreed to donate your whole body
19		for medical research and/or education.
20		(vii) decide what to do with your remains after you
21		have died, if you have not already made plans.
22		(viii) talk with your other loved ones to help come to
23		a decision (but your designated agent will have the final
24		say over your other loved ones).
25		Your agent is not automatically responsible for your
26		health care expenses.

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1		WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
2		You can pick a family member, but you do not have to. Your
3		agent will have the responsibility to make medical treatment
4		decisions, even if other people close to you might urge a
5		different decision. The selection of your agent should be done
6		carefully, as he or she will have ultimate decision-making
7		authority for your treatment decisions once you are no longer
8		able to voice your preferences. Choose a family member,
9		friend, or other person who:
10		(i) is at least 18 years old;
11		(ii) knows you well;
12		(iii) you trust to do what is best for you and is
13		willing to carry out your wishes, even if he or she may not
14		agree with your wishes;
15		(iv) would be comfortable talking with and questioning
16		your physicians and other health care providers;
17		(v) would not be too upset to carry out your wishes if
18		you became very sick; and
19		(vi) can be there for you when you need it and is
20		willing to accept this important role.
21		WHAT IF MY AGENT IS NOT AVAILABLE OR IS
22		UNWILLING TO MAKE DECISIONS FOR ME?
23		If the person who is your first choice is unable to carry
24		out this role, then the second agent you chose will make the

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1		decisions; if your second agent is not available, then the
2		third agent you chose will make the decisions. The second and
3		third agents are called your successor agents and they
4		function as back-up agents to your first choice agent and may
5		act only one at a time and in the order you list them.
6		WHAT WILL HAPPEN IF I DO NOT
7		CHOOSE A HEALTH CARE AGENT?
8		If you become unable to make your own health care
9		decisions and have not named an agent in writing, your
10		physician and other health care providers will ask a family
11		member, friend, or guardian to make decisions for you. In
12		Illinois, a law directs which of these individuals will be
13		consulted. In that law, each of these individuals is called a
14		"surrogate".
15		There are reasons why you may want to name an agent rather
16		than rely on a surrogate:
17		(i) The person or people listed by this law may not be
18		who you would want to make decisions for you.
19		(ii) Some family members or friends might not be able
20		or willing to make decisions as you would want them to.
21		(iii) Family members and friends may disagree with one
22		another about the best decisions.
23		(iv) Under some circumstances, a surrogate may not be
24		able to make the same kinds of decisions that an agent can
25		make.

HB5501 Engrossed - 2689 - LRB102 24698 AMC 33937 b
1		WHAT IF THERE IS NO ONE AVAILABLE
2		WHOM I TRUST TO BE MY AGENT?
3		In this situation, it is especially important to talk to
4		your physician and other health care providers and create
5		written guidance about what you want or do not want, in case
6		you are ever critically ill and cannot express your own
7		wishes. You can complete a living will. You can also write your
8		wishes down and/or discuss them with your physician or other
9		health care provider and ask him or her to write it down in
10		your chart. You might also want to use written or online
11		on-line resources to guide you through this process.
12		WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
13		Follow these instructions after you have completed the
14		form:
15		(i) Sign the form in front of a witness. See the form
16		for a list of who can and cannot witness it.
17		(ii) Ask the witness to sign it, too.
18		(iii) There is no need to have the form notarized.
19		(iv) Give a copy to your agent and to each of your
20		successor agents.
21		(v) Give another copy to your physician.
22		(vi) Take a copy with you when you go to the hospital.
23		(vii) Show it to your family and friends and others
24		who care for you.

HB5501 Engrossed - 2690 - LRB102 24698 AMC 33937 b
1		WHAT IF I CHANGE MY MIND?
2		You may change your mind at any time. If you do, tell
3		someone who is at least 18 years old that you have changed your
4		mind, and/or destroy your document and any copies. If you
5		wish, fill out a new form and make sure everyone you gave the
6		old form to has a copy of the new one, including, but not
7		limited to, your agents and your physicians. If you are
8		concerned you may revoke your power of attorney at a time when
9		you may need it the most, you may initial the box at the end of
10		the form to indicate that you would like a 30-day waiting
11		period after you voice your intent to revoke your power of
12		attorney. This means if your agent is making decisions for you
13		during that time, your agent can continue to make decisions on
14		your behalf. This election is purely optional, and you do not
15		have to choose it. If you do not choose this option, you can
16		change your mind and revoke the power of attorney at any time.
17		WHAT IF I DO NOT WANT TO USE THIS FORM?
18		In the event you do not want to use the Illinois statutory
19		form provided here, any document you complete must be executed
20		by you, designate an agent who is over 18 years of age and not
21		prohibited from serving as your agent, and state the agent's
22		powers, but it need not be witnessed or conform in any other
23		respect to the statutory health care power.
24		If you have questions about the use of any form, you may

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1		want to consult your physician, other health care provider,
2		and/or an attorney.
3		MY POWER OF ATTORNEY FOR HEALTH CARE
4		THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
5		FOR HEALTH CARE. (You must sign this form and a witness must
6		also sign it before it is valid)
7		My name (Print your full name):..........
8		My address:..................................................
9		I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
10		(an agent is your personal representative under state and
11		federal law):
12		(Agent name).................
13		(Agent address).............
14		(Agent phone number).........................................
15		(Please check box if applicable) .... If a guardian of my
16		person is to be appointed, I nominate the agent acting under
17		this power of attorney as guardian.
18		SUCCESSOR HEALTH CARE AGENT(S) (optional):
19		If the agent I selected is unable or does not want to make
20		health care decisions for me, then I request the person(s) I

HB5501 Engrossed - 2692 - LRB102 24698 AMC 33937 b
1		name below to be my successor health care agent(s). Only one
2		person at a time can serve as my agent (add another page if you
3		want to add more successor agent names):
4		.....................
5		(Successor agent #1 name, address and phone number)
6		..........
7		(Successor agent #2 name, address and phone number)
8		MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
9		(i) Deciding to accept, withdraw, or decline treatment
10		for any physical or mental condition of mine, including
11		life-and-death decisions.
12		(ii) Agreeing to admit me to or discharge me from any
13		hospital, home, or other institution, including a mental
14		health facility.
15		(iii) Having complete access to my medical and mental
16		health records, and sharing them with others as needed,
17		including after I die.
18		(iv) Carrying out the plans I have already made, or,
19		if I have not done so, making decisions about my body or
20		remains, including organ, tissue or whole body donation,
21		autopsy, cremation, and burial.
22		The above grant of power is intended to be as broad as
23		possible so that my agent will have the authority to make any
24		decision I could make to obtain or terminate any type of health
25		care, including withdrawal of nutrition and hydration and

HB5501 Engrossed - 2693 - LRB102 24698 AMC 33937 b
1		other life-sustaining measures.
2		I AUTHORIZE MY AGENT TO (please check any one box):
3		.... Make decisions for me only when I cannot make them for
4		myself. The physician(s) taking care of me will determine
5		when I lack this ability.
6		(If no box is checked, then the box above shall be
7		implemented.) OR
8		.... Make decisions for me only when I cannot make them for
9		myself. The physician(s) taking care of me will determine
10		when I lack this ability. Starting now, for the purpose of
11		assisting me with my health care plans and decisions, my
12		agent shall have complete access to my medical and mental
13		health records, the authority to share them with others as
14		needed, and the complete ability to communicate with my
15		personal physician(s) and other health care providers,
16		including the ability to require an opinion of my
17		physician as to whether I lack the ability to make
18		decisions for myself. OR
19		.... Make decisions for me starting now and continuing
20		after I am no longer able to make them for myself. While I
21		am still able to make my own decisions, I can still do so
22		if I want to.
23		The subject of life-sustaining treatment is of particular
24		importance. Life-sustaining treatments may include tube

HB5501 Engrossed - 2694 - LRB102 24698 AMC 33937 b
1		feedings or fluids through a tube, breathing machines, and
2		CPR. In general, in making decisions concerning
3		life-sustaining treatment, your agent is instructed to
4		consider the relief of suffering, the quality as well as the
5		possible extension of your life, and your previously expressed
6		wishes. Your agent will weigh the burdens versus benefits of
7		proposed treatments in making decisions on your behalf.
8		Additional statements concerning the withholding or
9		removal of life-sustaining treatment are described below.
10		These can serve as a guide for your agent when making decisions
11		for you. Ask your physician or health care provider if you have
12		any questions about these statements.
13		SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR
14		WISHES (optional):
15		.... The quality of my life is more important than the
16		length of my life. If I am unconscious and my attending
17		physician believes, in accordance with reasonable medical
18		standards, that I will not wake up or recover my ability to
19		think, communicate with my family and friends, and
20		experience my surroundings, I do not want treatments to
21		prolong my life or delay my death, but I do want treatment
22		or care to make me comfortable and to relieve me of pain.
23		.... Staying alive is more important to me, no matter how
24		sick I am, how much I am suffering, the cost of the
25		procedures, or how unlikely my chances for recovery are. I

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1		want my life to be prolonged to the greatest extent
2		possible in accordance with reasonable medical standards.
3		SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
4		The above grant of power is intended to be as broad as
5		possible so that your agent will have the authority to make any
6		decision you could make to obtain or terminate any type of
7		health care. If you wish to limit the scope of your agent's
8		powers or prescribe special rules or limit the power to
9		authorize autopsy or dispose of remains, you may do so
10		specifically in this form.
11		..................................
12		..............................
13		My signature:..................
14		Today's date:................................................
15		DELAYED REVOCATION
16		.... I elect to delay revocation of this power of attorney
17		for 30 days after I communicate my intent to revoke it.
18		.... I elect for the revocation of this power of attorney
19		to take effect immediately if I communicate my intent to
20		revoke it.
21		HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
22		COMPLETE THE SIGNATURE PORTION:

HB5501 Engrossed - 2696 - LRB102 24698 AMC 33937 b
1		I am at least 18 years old. (check one of the options
2		below):
3		.... I saw the principal sign this document, or
4		.... the principal told me that the signature or mark on
5		the principal signature line is his or hers.
6		I am not the agent or successor agent(s) named in this
7		document. I am not related to the principal, the agent, or the
8		successor agent(s) by blood, marriage, or adoption. I am not
9		the principal's physician, advanced practice registered nurse,
10		dentist, podiatric physician, optometrist, psychologist, or a
11		relative of one of those individuals. I am not an owner or
12		operator (or the relative of an owner or operator) of the
13		health care facility where the principal is a patient or
14		resident.
15		Witness printed name:............
16		Witness address:..............
17		Witness signature:...............
18		Today's date:................................................
19		(c) The statutory short form power of attorney for health
20		care (the "statutory health care power") authorizes the agent
21		to make any and all health care decisions on behalf of the
22		principal which the principal could make if present and under
23		no disability, subject to any limitations on the granted
24		powers that appear on the face of the form, to be exercised in
25		such manner as the agent deems consistent with the intent and

HB5501 Engrossed - 2697 - LRB102 24698 AMC 33937 b
1		desires of the principal. The agent will be under no duty to
2		exercise granted powers or to assume control of or
3		responsibility for the principal's health care; but when
4		granted powers are exercised, the agent will be required to
5		use due care to act for the benefit of the principal in
6		accordance with the terms of the statutory health care power
7		and will be liable for negligent exercise. The agent may act in
8		person or through others reasonably employed by the agent for
9		that purpose but may not delegate authority to make health
10		care decisions. The agent may sign and deliver all
11		instruments, negotiate and enter into all agreements, and do
12		all other acts reasonably necessary to implement the exercise
13		of the powers granted to the agent. Without limiting the
14		generality of the foregoing, the statutory health care power
15		shall include the following powers, subject to any limitations
16		appearing on the face of the form:
17		(1) The agent is authorized to give consent to and
18		authorize or refuse, or to withhold or withdraw consent
19		to, any and all types of medical care, treatment, or
20		procedures relating to the physical or mental health of
21		the principal, including any medication program, surgical
22		procedures, life-sustaining treatment, or provision of
23		food and fluids for the principal.
24		(2) The agent is authorized to admit the principal to
25		or discharge the principal from any and all types of
26		hospitals, institutions, homes, residential or nursing

HB5501 Engrossed - 2698 - LRB102 24698 AMC 33937 b
1		facilities, treatment centers, and other health care
2		institutions providing personal care or treatment for any
3		type of physical or mental condition. The agent shall have
4		the same right to visit the principal in the hospital or
5		other institution as is granted to a spouse or adult child
6		of the principal, any rule of the institution to the
7		contrary notwithstanding.
8		(3) The agent is authorized to contract for any and
9		all types of health care services and facilities in the
10		name of and on behalf of the principal and to bind the
11		principal to pay for all such services and facilities, and
12		to have and exercise those powers over the principal's
13		property as are authorized under the statutory property
14		power, to the extent the agent deems necessary to pay
15		health care costs; and the agent shall not be personally
16		liable for any services or care contracted for on behalf
17		of the principal.
18		(4) At the principal's expense and subject to
19		reasonable rules of the health care provider to prevent
20		disruption of the principal's health care, the agent shall
21		have the same right the principal has to examine and copy
22		and consent to disclosure of all the principal's medical
23		records that the agent deems relevant to the exercise of
24		the agent's powers, whether the records relate to mental
25		health or any other medical condition and whether they are
26		in the possession of or maintained by any physician,

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1		psychiatrist, psychologist, therapist, hospital, nursing
2		home, or other health care provider. The authority under
3		this paragraph (4) applies to any information governed by
4		the Health Insurance Portability and Accountability Act of
5		1996 ("HIPAA") and regulations thereunder. The agent
6		serves as the principal's personal representative, as that
7		term is defined under HIPAA and regulations thereunder.
8		(5) The agent is authorized: to direct that an autopsy
9		be made pursuant to Section 2 of the Autopsy Act; to make a
10		disposition of any part or all of the principal's body
11		pursuant to the Illinois Anatomical Gift Act, as now or
12		hereafter amended; and to direct the disposition of the
13		principal's remains.
14		(6) At any time during which there is no executor or
15		administrator appointed for the principal's estate, the
16		agent is authorized to continue to pursue an application
17		or appeal for government benefits if those benefits were
18		applied for during the life of the principal.
19		(d) A physician may determine that the principal is unable
20		to make health care decisions for himself or herself only if
21		the principal lacks decisional capacity, as that term is
22		defined in Section 10 of the Health Care Surrogate Act.
23		(e) If the principal names the agent as a guardian on the
24		statutory short form, and if a court decides that the
25		appointment of a guardian will serve the principal's best
26		interests and welfare, the court shall appoint the agent to

HB5501 Engrossed - 2700 - LRB102 24698 AMC 33937 b
1		serve without bond or security.
2		(Source: P.A. 101-81, eff. 7-12-19; 101-163, eff. 1-1-20;
3		102-38, eff. 6-25-21; 102-181, eff. 7-30-21; revised 9-22-21.)
4		Section 710. The Illinois Human Rights Act is amended by
5		changing Sections 1-103, 2-105, and 6-101 as follows:
6		(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
7		Sec. 1-103. General definitions. When used in this Act,
8		unless the context requires otherwise, the term:
9		(A) Age. "Age" means the chronological age of a person who
10		is at least 40 years old, except with regard to any practice
11		described in Section 2-102, insofar as that practice concerns
12		training or apprenticeship programs. In the case of training
13		or apprenticeship programs, for the purposes of Section 2-102,
14		"age" means the chronological age of a person who is 18 but not
15		yet 40 years old.
16		(B) Aggrieved party. "Aggrieved party" means a person who
17		is alleged or proved to have been injured by a civil rights
18		violation or believes he or she will be injured by a civil
19		rights violation under Article 3 that is about to occur.
20		(B-5) Arrest record. "Arrest record" means:
21		(1) an arrest not leading to a conviction;
22		(2) a juvenile record; or
23		(3) criminal history record information ordered
24		expunged, sealed, or impounded under Section 5.2 of the

HB5501 Engrossed - 2701 - LRB102 24698 AMC 33937 b
1		Criminal Identification Act.
2		(C) Charge. "Charge" means an allegation filed with the
3		Department by an aggrieved party or initiated by the
4		Department under its authority.
5		(D) Civil rights violation. "Civil rights violation"
6		includes and shall be limited to only those specific acts set
7		forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
8		3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
9		5A-102, 6-101, 6-101.5, and 6-102 of this Act.
10		(E) Commission. "Commission" means the Human Rights
11		Commission created by this Act.
12		(F) Complaint. "Complaint" means the formal pleading filed
13		by the Department with the Commission following an
14		investigation and finding of substantial evidence of a civil
15		rights violation.
16		(G) Complainant. "Complainant" means a person including
17		the Department who files a charge of civil rights violation
18		with the Department or the Commission.
19		(G-5) Conviction record. "Conviction record" means
20		information indicating that a person has been convicted of a
21		felony, misdemeanor or other criminal offense, placed on
22		probation, fined, imprisoned, or paroled pursuant to any law
23		enforcement or military authority.
24		(H) Department. "Department" means the Department of Human
25		Rights created by this Act.
26		(I) Disability.

HB5501 Engrossed - 2702 - LRB102 24698 AMC 33937 b
1		(1) "Disability" means a determinable physical or mental
2		characteristic of a person, including, but not limited to, a
3		determinable physical characteristic which necessitates the
4		person's use of a guide, hearing or support dog, the history of
5		such characteristic, or the perception of such characteristic
6		by the person complained against, which may result from
7		disease, injury, congenital condition of birth or functional
8		disorder and which characteristic:
9		(a) For purposes of Article 2, is unrelated to the
10		person's ability to perform the duties of a particular job
11		or position and, pursuant to Section 2-104 of this Act, a
12		person's illegal use of drugs or alcohol is not a
13		disability;
14		(b) For purposes of Article 3, is unrelated to the
15		person's ability to acquire, rent, or maintain a housing
16		accommodation;
17		(c) For purposes of Article 4, is unrelated to a
18		person's ability to repay;
19		(d) For purposes of Article 5, is unrelated to a
20		person's ability to utilize and benefit from a place of
21		public accommodation;
22		(e) For purposes of Article 5, also includes any
23		mental, psychological, or developmental disability,
24		including autism spectrum disorders.
25		(2) Discrimination based on disability includes unlawful
26		discrimination against an individual because of the

HB5501 Engrossed - 2703 - LRB102 24698 AMC 33937 b
1		individual's association with a person with a disability.
2		(J) Marital status. "Marital status" means the legal
3		status of being married, single, separated, divorced, or
4		widowed.
5		(J-1) Military status. "Military status" means a person's
6		status on active duty in or status as a veteran of the armed
7		forces of the United States, status as a current member or
8		veteran of any reserve component of the armed forces of the
9		United States, including the United States Army Reserve,
10		United States Marine Corps Reserve, United States Navy
11		Reserve, United States Air Force Reserve, and United States
12		Coast Guard Reserve, or status as a current member or veteran
13		of the Illinois Army National Guard or Illinois Air National
14		Guard.
15		(K) National origin. "National origin" means the place in
16		which a person or one of his or her ancestors was born.
17		(K-5) "Order of protection status" means a person's status
18		as being a person protected under an order of protection
19		issued pursuant to the Illinois Domestic Violence Act of 1986,
20		Article 112A of the Code of Criminal Procedure of 1963, the
21		Stalking No Contact Order Act, or the Civil No Contact Order
22		Act, or an order of protection issued by a court of another
23		state.
24		(L) Person. "Person" includes one or more individuals,
25		partnerships, associations or organizations, labor
26		organizations, labor unions, joint apprenticeship committees,

HB5501 Engrossed - 2704 - LRB102 24698 AMC 33937 b
1		or union labor associations, corporations, the State of
2		Illinois and its instrumentalities, political subdivisions,
3		units of local government, legal representatives, trustees in
4		bankruptcy or receivers.
5		(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
6		or medical or common conditions related to pregnancy or
7		childbirth.
8		(M) Public contract. "Public contract" includes every
9		contract to which the State, any of its political
10		subdivisions, or any municipal corporation is a party.
11		(N) Religion. "Religion" includes all aspects of religious
12		observance and practice, as well as belief, except that with
13		respect to employers, for the purposes of Article 2,
14		"religion" has the meaning ascribed to it in paragraph (F) of
15		Section 2-101.
16		(O) Sex. "Sex" means the status of being male or female.
17		(O-1) Sexual orientation. "Sexual orientation" means
18		actual or perceived heterosexuality, homosexuality,
19		bisexuality, or gender-related identity, whether or not
20		traditionally associated with the person's designated sex at
21		birth. "Sexual orientation" does not include a physical or
22		sexual attraction to a minor by an adult.
23		(P) Unfavorable military discharge. "Unfavorable military
24		discharge" includes discharges from the Armed Forces of the
25		United States, their Reserve components, or any National Guard
26		or Naval Militia which are classified as RE-3 or the

HB5501 Engrossed - 2705 - LRB102 24698 AMC 33937 b
1		equivalent thereof, but does not include those characterized
2		as RE-4 or "Dishonorable".
3		(Q) Unlawful discrimination. "Unlawful discrimination"
4		means discrimination against a person because of his or her
5		actual or perceived: race, color, religion, national origin,
6		ancestry, age, sex, marital status, order of protection
7		status, disability, military status, sexual orientation,
8		pregnancy, or unfavorable discharge from military service as
9		those terms are defined in this Section.
10		(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
11		101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff.
12		1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised
13		9-29-21.)
14		(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
15		Sec. 2-105. Equal Employment Opportunities; Affirmative
16		Action.
17		(A) Public Contracts. Every party to a public contract and
18		every eligible bidder shall:
19		(1) Refrain from unlawful discrimination and
20		discrimination based on citizenship status in employment
21		and undertake affirmative action to assure equality of
22		employment opportunity and eliminate the effects of past
23		discrimination;
24		(2) Comply with the procedures and requirements of the
25		Department's regulations concerning equal employment

HB5501 Engrossed - 2706 - LRB102 24698 AMC 33937 b
1		opportunities and affirmative action;
2		(3) Provide such information, with respect to its
3		employees and applicants for employment, and assistance as
4		the Department may reasonably request;
5		(4) Have written sexual harassment policies that shall
6		include, at a minimum, the following information: (i) the
7		illegality of sexual harassment; (ii) the definition of
8		sexual harassment under State law; (iii) a description of
9		sexual harassment, utilizing examples; (iv) the vendor's
10		internal complaint process including penalties; (v) the
11		legal recourse, investigative, and complaint process
12		available through the Department and the Commission; (vi)
13		directions on how to contact the Department and
14		Commission; and (vii) protection against retaliation as
15		provided by Sections 6-101 and 6-101.5 of this Act. A copy
16		of the policies shall be provided to the Department upon
17		request. Additionally, each bidder who submits a bid or
18		offer for a State contract under the Illinois Procurement
19		Code shall have a written copy of the bidder's sexual
20		harassment policy as required under this paragraph (4). A
21		copy of the policy shall be provided to the State agency
22		entering into the contract upon request.
23		(B) State Agencies. Every State executive department,
24		State agency, board, commission, and instrumentality shall:
25		(1) Comply with the procedures and requirements of the
26		Department's regulations concerning equal employment

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1		opportunities and affirmative action. ;
2		(2) Provide such information and assistance as the
3		Department may request.
4		(3) Establish, maintain, and carry out a continuing
5		affirmative action plan consistent with this Act and the
6		regulations of the Department designed to promote equal
7		opportunity for all State residents in every aspect of
8		agency personnel policy and practice. For purposes of
9		these affirmative action plans, the race and national
10		origin categories to be included in the plans are:
11		American Indian or Alaska Native, Asian, Black or African
12		American, Hispanic or Latino, Native Hawaiian or Other
13		Pacific Islander.
14		This plan shall include a current detailed status
15		report:
16		(a) indicating, by each position in State service,
17		the number, percentage, and average salary of
18		individuals employed by race, national origin, sex and
19		disability, and any other category that the Department
20		may require by rule;
21		(b) identifying all positions in which the
22		percentage of the people employed by race, national
23		origin, sex and disability, and any other category
24		that the Department may require by rule, is less than
25		four-fifths of the percentage of each of those
26		components in the State work force;

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1		(c) specifying the goals and methods for
2		increasing the percentage by race, national origin,
3		sex, and disability, and any other category that the
4		Department may require by rule, in State positions;
5		(d) indicating progress and problems toward
6		meeting equal employment opportunity goals, including,
7		if applicable, but not limited to, Department of
8		Central Management Services recruitment efforts,
9		publicity, promotions, and use of options designating
10		positions by linguistic abilities;
11		(e) establishing a numerical hiring goal for the
12		employment of qualified persons with disabilities in
13		the agency as a whole, to be based on the proportion of
14		people with work disabilities in the Illinois labor
15		force as reflected in the most recent employment data
16		made available by the United States Census Bureau.
17		(4) If the agency has 1000 or more employees, appoint
18		a full-time Equal Employment Opportunity officer, subject
19		to the Department's approval, whose duties shall include:
20		(a) Advising the head of the particular State
21		agency with respect to the preparation of equal
22		employment opportunity programs, procedures,
23		regulations, reports, and the agency's affirmative
24		action plan.
25		(b) Evaluating in writing each fiscal year the
26		sufficiency of the total agency program for equal

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1		employment opportunity and reporting thereon to the
2		head of the agency with recommendations as to any
3		improvement or correction in recruiting, hiring or
4		promotion needed, including remedial or disciplinary
5		action with respect to managerial or supervisory
6		employees who have failed to cooperate fully or who
7		are in violation of the program.
8		(c) Making changes in recruitment, training and
9		promotion programs and in hiring and promotion
10		procedures designed to eliminate discriminatory
11		practices when authorized.
12		(d) Evaluating tests, employment policies,
13		practices, and qualifications and reporting to the
14		head of the agency and to the Department any policies,
15		practices and qualifications that have unequal impact
16		by race, national origin as required by Department
17		rule, sex, or disability or any other category that
18		the Department may require by rule, and to assist in
19		the recruitment of people in underrepresented
20		classifications. This function shall be performed in
21		cooperation with the State Department of Central
22		Management Services.
23		(e) Making any aggrieved employee or applicant for
24		employment aware of his or her remedies under this
25		Act.
26		In any meeting, investigation, negotiation,

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1		conference, or other proceeding between a State
2		employee and an Equal Employment Opportunity officer,
3		a State employee (1) who is not covered by a collective
4		bargaining agreement and (2) who is the complaining
5		party or the subject of such proceeding may be
6		accompanied, advised and represented by (1) an
7		attorney licensed to practice law in the State of
8		Illinois or (2) a representative of an employee
9		organization whose membership is composed of employees
10		of the State and of which the employee is a member. A
11		representative of an employee, other than an attorney,
12		may observe but may not actively participate, or
13		advise the State employee during the course of such
14		meeting, investigation, negotiation, conference, or
15		other proceeding. Nothing in this Section shall be
16		construed to permit any person who is not licensed to
17		practice law in Illinois to deliver any legal services
18		or otherwise engage in any activities that would
19		constitute the unauthorized practice of law. Any
20		representative of an employee who is present with the
21		consent of the employee, shall not, during or after
22		termination of the relationship permitted by this
23		Section with the State employee, use or reveal any
24		information obtained during the course of the meeting,
25		investigation, negotiation, conference, or other
26		proceeding without the consent of the complaining

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1		party and any State employee who is the subject of the
2		proceeding and pursuant to rules and regulations
3		governing confidentiality of such information as
4		promulgated by the appropriate State agency.
5		Intentional or reckless disclosure of information in
6		violation of these confidentiality requirements shall
7		constitute a Class B misdemeanor.
8		(5) Establish, maintain, and carry out a continuing
9		sexual harassment program that shall include the
10		following:
11		(a) Develop a written sexual harassment policy
12		that includes at a minimum the following information:
13		(i) the illegality of sexual harassment; (ii) the
14		definition of sexual harassment under State law; (iii)
15		a description of sexual harassment, utilizing
16		examples; (iv) the agency's internal complaint process
17		including penalties; (v) the legal recourse,
18		investigative, and complaint process available through
19		the Department and the Commission; (vi) directions on
20		how to contact the Department and Commission; and
21		(vii) protection against retaliation as provided by
22		Section 6-101 of this Act. The policy shall be
23		reviewed annually.
24		(b) Post in a prominent and accessible location
25		and distribute in a manner to assure notice to all
26		agency employees without exception the agency's sexual

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1		harassment policy. Such documents may meet, but shall
2		not exceed, the 6th grade literacy level. Distribution
3		shall be effectuated within 90 days of the effective
4		date of this amendatory Act of 1992 and shall occur
5		annually thereafter.
6		(c) Provide training on sexual harassment
7		prevention and the agency's sexual harassment policy
8		as a component of all ongoing or new employee training
9		programs.
10		(6) Notify the Department 30 days before effecting any
11		layoff. Once notice is given, the following shall occur:
12		(a) No layoff may be effective earlier than 10
13		working days after notice to the Department, unless an
14		emergency layoff situation exists.
15		(b) The State executive department, State agency,
16		board, commission, or instrumentality in which the
17		layoffs are to occur must notify each employee
18		targeted for layoff, the employee's union
19		representative (if applicable), and the State
20		Dislocated Worker Unit at the Department of Commerce
21		and Economic Opportunity.
22		(c) The State executive department, State agency,
23		board, commission, or instrumentality in which the
24		layoffs are to occur must conform to applicable
25		collective bargaining agreements.
26		(d) The State executive department, State agency,

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1		board, commission, or instrumentality in which the
2		layoffs are to occur should notify each employee
3		targeted for layoff that transitional assistance may
4		be available to him or her under the Economic
5		Dislocation and Worker Adjustment Assistance Act
6		administered by the Department of Commerce and
7		Economic Opportunity. Failure to give such notice
8		shall not invalidate the layoff or postpone its
9		effective date.
10		As used in this subsection (B), "disability" shall be
11		defined in rules promulgated under the Illinois Administrative
12		Procedure Act.
13		(C) Civil Rights Violations. It is a civil rights
14		violation for any public contractor or eligible bidder to:
15		(1) fail to comply with the public contractor's or
16		eligible bidder's duty to refrain from unlawful
17		discrimination and discrimination based on citizenship
18		status in employment under subsection (A)(1) of this
19		Section; or
20		(2) fail to comply with the public contractor's or
21		eligible bidder's duties of affirmative action under
22		subsection (A) of this Section, provided however, that the
23		Department has notified the public contractor or eligible
24		bidder in writing by certified mail that the public
25		contractor or eligible bidder may not be in compliance
26		with affirmative action requirements of subsection (A). A

HB5501 Engrossed - 2714 - LRB102 24698 AMC 33937 b
1		minimum of 60 days to comply with the requirements shall
2		be afforded to the public contractor or eligible bidder
3		before the Department may issue formal notice of
4		non-compliance.
5		(D) As used in this Section:
6		(1) "American Indian or Alaska Native" means a person
7		having origins in any of the original peoples of North and
8		South America, including Central America, and who
9		maintains tribal affiliation or community attachment.
10		(2) "Asian" means a person having origins in any of
11		the original peoples of the Far East, Southeast Asia, or
12		the Indian subcontinent, including, but not limited to,
13		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
14		the Philippine Islands, Thailand, and Vietnam.
15		(3) "Black or African American" means a person having
16		origins in any of the black racial groups of Africa.
17		(4) "Hispanic or Latino" means a person of Cuban,
18		Mexican, Puerto Rican, South or Central American, or other
19		Spanish culture or origin, regardless of race.
20		(5) "Native Hawaiian or Other Pacific Islander" means
21		a person having origins in any of the original peoples of
22		Hawaii, Guam, Samoa, or other Pacific Islands.
23		(Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22;
24		revised 9-22-21.)
25		(775 ILCS 5/6-101) (from Ch. 68, par. 6-101)

HB5501 Engrossed - 2715 - LRB102 24698 AMC 33937 b
1		Sec. 6-101. Additional civil rights violations under
2		Articles 2, 4, 5, and 5A. It is a civil rights violation for a
3		person, or for 2 or more persons, to conspire, to:
4		(A) Retaliation. Retaliate against a person because he
5		or she has opposed that which he or she reasonably and in
6		good faith believes to be unlawful discrimination, sexual
7		harassment in employment, sexual harassment in elementary,
8		secondary, and higher education, or discrimination based
9		on arrest record, or citizenship status, or work
10		authorization status in employment under Articles 2, 4, 5,
11		and 5A, because he or she has made a charge, filed a
12		complaint, testified, assisted, or participated in an
13		investigation, proceeding, or hearing under this Act, or
14		because he or she has requested, attempted to request,
15		used, or attempted to use a reasonable accommodation as
16		allowed by this Act;
17		(B) Aiding and Abetting; Coercion. Aid, abet, compel,
18		or coerce a person to commit any violation of this Act;
19		(C) Interference. Wilfully interfere with the
20		performance of a duty or the exercise of a power by the
21		Commission or one of its members or representatives or the
22		Department or one of its officers or employees.
23		Definitions. For the purposes of this Section, "sexual
24		harassment", "citizenship status", and "work authorization
25		status" shall have the same meaning as defined in Section
26		2-101 of this Act.

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1		(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
2		revised 10-12-21.)
3		Section 715. The Human Trafficking Resource Center Notice
4		Act is amended by changing Section 5 as follows:
5		(775 ILCS 50/5)
6		Sec. 5. Posted notice required.
7		(a) Each of the following businesses and other
8		establishments shall, upon the availability of the model
9		notice described in Section 15 of this Act, post a notice that
10		complies with the requirements of this Act in a conspicuous
11		place near the public entrance of the establishment, in all
12		restrooms open to the public, or in another conspicuous
13		location in clear view of the public and employees where
14		similar notices are customarily posted:
15		(1) On premise consumption retailer licensees under
16		the Liquor Control Act of 1934 where the sale of alcoholic
17		liquor is the principal business carried on by the
18		licensee at the premises and primary to the sale of food.
19		(2) Adult entertainment facilities, as defined in
20		Section 5-1097.5 of the Counties Code.
21		(3) Primary airports, as defined in Section 47102(16)
22		of Title 49 of the United States Code.
23		(4) Intercity passenger rail or light rail stations.
24		(5) Bus stations.

HB5501 Engrossed - 2717 - LRB102 24698 AMC 33937 b
1		(6) Truck stops. For purposes of this Act, "truck
2		stop" means a privately-owned and operated facility that
3		provides food, fuel, shower or other sanitary facilities,
4		and lawful overnight truck parking.
5		(7) Emergency rooms within general acute care
6		hospitals, in which case the notice may be posted by
7		electronic means.
8		(8) Urgent care centers, in which case the notice may
9		be posted by electronic means.
10		(9) Farm labor contractors. For purposes of this Act,
11		"farm labor contractor" means: (i) any person who for a
12		fee or other valuable consideration recruits, supplies, or
13		hires, or transports in connection therewith, into or
14		within the State, any farmworker not of the contractor's
15		immediate family to work for, or under the direction,
16		supervision, or control of, a third person; or (ii) any
17		person who for a fee or other valuable consideration
18		recruits, supplies, or hires, or transports in connection
19		therewith, into or within the State, any farmworker not of
20		the contractor's immediate family, and who for a fee or
21		other valuable consideration directs, supervises, or
22		controls all or any part of the work of the farmworker or
23		who disburses wages to the farmworker. However, "farm
24		labor contractor" does not include full-time regular
25		employees of food processing companies when the employees
26		are engaged in recruiting for the companies if those

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1		employees are not compensated according to the number of
2		farmworkers they recruit.
3		(10) Privately-operated job recruitment centers.
4		(11) Massage establishments. As used in this Act,
5		"massage establishment" means a place of business in which
6		any method of massage therapy is administered or practiced
7		for compensation. "Massage establishment" does not
8		include: an establishment at which persons licensed under
9		the Medical Practice Act of 1987, the Illinois Physical
10		Therapy Act, or the Naprapathic Practice Act engage in
11		practice under one of those Acts; a business owned by a
12		sole licensed massage therapist; or a cosmetology or
13		esthetics salon registered under the Barber, Cosmetology,
14		Esthetics, Hair Braiding, and Nail Technology Act of 1985.
15		(b) The Department of Transportation shall, upon the
16		availability of the model notice described in Section 15 of
17		this Act, post a notice that complies with the requirements of
18		this Act in a conspicuous place near the public entrance of
19		each roadside rest area or in another conspicuous location in
20		clear view of the public and employees where similar notices
21		are customarily posted.
22		(c) The owner of a hotel or motel shall, upon the
23		availability of the model notice described in Section 15 of
24		this Act, post a notice that complies with the requirements of
25		this Act in a conspicuous and accessible place in or about the
26		premises in clear view of the employees where similar notices

HB5501 Engrossed - 2719 - LRB102 24698 AMC 33937 b
1		are customarily posted.
2		(d) The organizer of a public gathering or special event
3		that is conducted on property open to the public and requires
4		the issuance of a permit from the unit of local government
5		shall post a notice that complies with the requirements of
6		this Act in a conspicuous and accessible place in or about the
7		premises in clear view of the public and employees where
8		similar notices are customarily posted.
9		(e) The administrator of a public or private elementary
10		school or public or private secondary school shall post a
11		printout of the downloadable notice provided by the Department
12		of Human Services under Section 15 that complies with the
13		requirements of this Act in a conspicuous and accessible place
14		chosen by the administrator in the administrative office or
15		another location in view of school employees. School districts
16		and personnel are not subject to the penalties provided under
17		subsection (a) of Section 20.
18		(f) The owner of an establishment registered under the
19		Tattoo and Body Piercing Establishment Registration Act shall
20		post a notice that complies with the requirements of this Act
21		in a conspicuous and accessible place in clear view of
22		establishment employees.
23		(Source: P.A. 102-4, eff. 4-27-21; 102-131, eff. 1-1-22;
24		revised 8-3-21.)
25		Section 720. The Business Corporation Act of 1983 is

HB5501 Engrossed - 2720 - LRB102 24698 AMC 33937 b
1		amended by changing Sections 8.12 and 15.65 as follows:
2		(805 ILCS 5/8.12)
3		Sec. 8.12. Female, minority, and LGBTQ directors.
4		(a) Findings and purpose. The General Assembly finds that
5		women, minorities, and LGBTQ people are still largely
6		underrepresented nationally in positions of corporate
7		authority, such as serving as a director on a corporation's
8		board of directors. This low representation could be
9		contributing to the disparity seen in wages made by females
10		and minorities versus their white male counterparts. Increased
11		representation of these individuals as directors on boards of
12		directors for corporations may boost the Illinois economy,
13		improve opportunities for women, minorities, and LGBTQ people
14		in the workplace, and foster an environment in Illinois where
15		the business community is representative of our residents.
16		Therefore, it is the intent of the General Assembly to gather
17		more data and study this issue within the State so that
18		effective policy changes may be implemented to eliminate this
19		disparity.
20		(b) As used in this Section:
21		"Annual report" means the report submitted annually to the
22		Secretary of State pursuant to this Act.
23		"Female" means a person who is a citizen or lawful
24		permanent resident of the United States and who
25		self-identifies as a woman, without regard to the individual's

HB5501 Engrossed - 2721 - LRB102 24698 AMC 33937 b
1		designated sex at birth.
2		"Minority person" means a person who is a citizen or
3		lawful permanent resident of the United States and who is any
4		of the following races or ethnicities:
5		(1) American Indian or Alaska Native (a person having
6		origins in any of the original peoples of North and South
7		America, including Central America, and who maintains
8		tribal affiliation or community attachment).
9		(2) Asian (a person having origins in any of the
10		original peoples of the Far East, Southeast Asia, or the
11		Indian subcontinent, including, but not limited to,
12		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
13		the Philippine Islands, Thailand, and Vietnam).
14		(3) Black or African American (a person having origins
15		in any of the black racial groups of Africa). Terms such as
16		"Haitian" or "Negro" can be used in addition to "Black" or
17		"African American".
18		(4) Hispanic or Latino (a person of Cuban, Mexican,
19		Puerto Rican, South or Central American, or other Spanish
20		culture or origin, regardless of race).
21		(5) Native Hawaiian or Other Pacific Islander (a
22		person having origins in any of the original peoples of
23		Hawaii, Guam, Samoa, or other Pacific Islands).
24		(6) "Publicly held domestic or foreign corporation"
25		means a corporation with outstanding shares listed on a
26		major United States stock exchange.

HB5501 Engrossed - 2722 - LRB102 24698 AMC 33937 b
1		(c) Reporting to the Secretary of State. As soon as
2		practical after August 27, 2019 (the effective date of Public
3		Act 101-589) this amendatory Act of the 101st General
4		Assembly, but no later than January 1, 2021, the following
5		information shall be provided in a corporation's annual report
6		submitted to the Secretary of State under this Act and made
7		available by the Secretary of State to the public online as it
8		is received:
9		(1) Whether the corporation is a publicly held
10		domestic or foreign corporation with its principal
11		executive office located in Illinois.
12		(2) Where the corporation is a publicly held domestic
13		or foreign corporation with its principal executive office
14		located in Illinois, data on specific qualifications,
15		skills, and experience that the corporation considers for
16		its board of directors, nominees for the board of
17		directors, and executive officers.
18		(3) Where the corporation is a publicly held domestic
19		or foreign corporation with its principal executive office
20		located in Illinois, the self-identified gender of each
21		member of its board of directors.
22		(4) Where the corporation is a publicly held domestic
23		or foreign corporation with its principal executive office
24		located in Illinois, whether each member of its board of
25		directors self-identifies as a minority person and, if so,
26		which race or ethnicity to which the member belongs.

HB5501 Engrossed - 2723 - LRB102 24698 AMC 33937 b
1		(5) Where the corporation is a publicly held domestic
2		or foreign corporation with its principal executive office
3		located in Illinois, the self-identified sexual
4		orientation of each member of its board of directors.
5		(6) Where the corporation is a publicly held domestic
6		or foreign corporation with its principal executive office
7		located in Illinois, the self-identified gender identity
8		of each member of its board of directors.
9		(7) 7 Where the corporation is a publicly held
10		domestic or foreign corporation with its principal
11		executive office located in Illinois, a description of the
12		corporation's process for identifying and evaluating
13		nominees for the board of directors, including whether
14		and, if so, how demographic diversity is considered.
15		(8) 8 Where the corporation is a publicly held
16		domestic or foreign corporation with its principal
17		executive office located in Illinois, a description of the
18		corporation's process for identifying and appointing
19		executive officers, including whether and, if so, how
20		demographic diversity is considered.
21		(9) 9 Where the corporation is a publicly held
22		domestic or foreign corporation with its principal
23		executive office located in Illinois, a description of the
24		corporation's policies and practices for promoting
25		diversity, equity, and inclusion among its board of
26		directors and executive officers.

HB5501 Engrossed - 2724 - LRB102 24698 AMC 33937 b
1		Information reported under this subsection shall be
2		updated in each annual report filed with the Secretary of
3		State thereafter.
4		(d) Beginning no later than March 1, 2021, and every March
5		1 thereafter, the University of Illinois Systems shall review
6		the information reported and published under subsection (c)
7		and shall publish on its website a report that provides
8		aggregate data on the demographic characteristics of the
9		boards of directors and executive officers of corporations
10		filing an annual report for the preceding year along with an
11		individualized rating for each corporation. The report shall
12		also identify strategies for promoting diversity and inclusion
13		among boards of directors and corporate executive officers.
14		(e) The University of Illinois System shall establish a
15		rating system assessing the representation of women,
16		minorities, and LGBTQ people on corporate boards of directors
17		of those corporations that are publicly held domestic or
18		foreign corporations with their principal executive office
19		located in Illinois based on the information gathered under
20		this Section. The rating system shall consider, among other
21		things: compliance with the demographic reporting obligations
22		in subsection (c); the corporation's policies and practices
23		for encouraging diversity in recruitment, board membership,
24		and executive appointments; and the demographic diversity of
25		board seats and executive positions.
26		(Source: P.A. 101-589, eff. 8-27-19; 102-223, eff. 1-1-22;

HB5501 Engrossed - 2725 - LRB102 24698 AMC 33937 b
1		revised 11-24-21.)
2		(805 ILCS 5/15.65) (from Ch. 32, par. 15.65)
3		(Section scheduled to be repealed on December 31, 2024)
4		Sec. 15.65. Franchise taxes payable by foreign
5		corporations. For the privilege of exercising its authority to
6		transact such business in this State as set out in its
7		application therefor or any amendment thereto, each foreign
8		corporation shall pay to the Secretary of State the following
9		franchise taxes, computed on the basis, at the rates and for
10		the periods prescribed in this Act:
11		(a) An initial franchise tax at the time of filing its
12		application for authority to transact business in this
13		State.
14		(b) An additional franchise tax at the time of filing
15		(1) a report of the issuance of additional shares, or (2) a
16		report of an increase in paid-in capital without the
17		issuance of shares, or (3) a report of cumulative changes
18		in paid-in capital or a report of an exchange or
19		reclassification of shares, whenever any such report
20		discloses an increase in its paid-in capital over the
21		amount thereof last reported in any document, other than
22		an annual report, interim annual report or final
23		transition annual report, required by this Act to be filed
24		in the office of the Secretary of State.
25		(c) Whenever the corporation shall be a party to a

HB5501 Engrossed - 2726 - LRB102 24698 AMC 33937 b
1		statutory merger and shall be the surviving corporation,
2		an additional franchise tax at the time of filing its
3		report following merger, if such report discloses that the
4		amount represented in this State of its paid-in capital
5		immediately after the merger is greater than the aggregate
6		of the amounts represented in this State of the paid-in
7		capital of such of the merged corporations as were
8		authorized to transact business in this State at the time
9		of the merger, as last reported by them in any documents,
10		other than annual reports, required by this Act to be
11		filed in the office of the Secretary of State; and in
12		addition, the surviving corporation shall be liable for a
13		further additional franchise tax on the paid-in capital of
14		each of the merged corporations as last reported by them
15		in any document, other than an annual report, required by
16		this Act to be filed with the Secretary of State, from
17		their taxable year end to the next succeeding anniversary
18		month or, in the case of a corporation which has
19		established an extended filing month, the extended filing
20		month of the surviving corporation; however if the taxable
21		year ends within the 2-month period immediately preceding
22		the anniversary month or the extended filing month of the
23		surviving corporation, the tax will be computed to the
24		anniversary or, extended filing month of the surviving
25		corporation in the next succeeding calendar year.
26		(d) An annual franchise tax payable each year with any

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1		annual report which the corporation is required by this
2		Act to file.
3		On or after January 1, 2020 and prior to January 1, 2021,
4		the first $30 in liability is exempt from the tax imposed under
5		this Section. On or after January 1, 2021, the first $1,000 in
6		liability is exempt from the tax imposed under this Section.
7		Public Act 101-9
8		(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21;
9		102-558, eff. 8-20-21; revised 10-21-21.)
10		Section 725. The Consumer Fraud and Deceptive Business
11		Practices Act is amended by setting forth and renumbering
12		multiple versions of Section 2WWW as follows:
13		(815 ILCS 505/2WWW)
14		Sec. 2WWW. Termination or early cancellation fees for
15		deceased persons.
16		(a) Subject to federal law and regulation, no provider of
17		telephone, cellular telephone, television, Internet, energy,
18		medical alert system, or water services shall impose a fee for
19		termination or early cancellation of a service contract in the
20		event the customer has deceased before the end of the
21		contract.
22		(b) Every violation of this Section is an unlawful
23		practice within the meaning of this Act.
24		(Source: P.A. 102-112, eff. 1-1-22.)

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1		(815 ILCS 505/2XXX)
2		Sec. 2XXX 2WWW. Disclosure requirements for manufactured
3		homes.
4		(a) A lender, or agent of a lending company, when offering
5		terms for a mortgage note for the purchase of a manufactured
6		home, as defined in the Mobile Home Park Act, that has not been
7		caused to be deemed to be real property by satisfying the
8		requirements of the Conveyance and Encumbrance of Manufactured
9		Homes as Real Property and Severance Act, shall disclose:
10		(1) any affiliation between the landlord and the
11		lending company;
12		(2) that the loan is a chattel loan;
13		(3) that the terms of a chattel loan prohibit
14		refinancing;
15		(4) that, depending on where the consumer affixes the
16		manufactured home (be it property owned by the consumer or
17		on certain types of leased land), the manufactured home
18		may qualify as real property under the Conveyance and
19		Encumbrance of Manufactured Homes as Real Property and
20		Severance Act; and
21		(5) any other reason that prohibits refinancing.
22		(b) A violation of this Section constitutes an unlawful
23		practice within the meaning of this Act.
24		(Source: P.A. 102-365, eff. 1-1-22; revised 11-12-21.)

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1		(815 ILCS 505/2YYY)
2		Sec. 2YYY 2WWW. Deceptive practices targeting veterans and
3		military members.
4		(a) As used in this Section:
5		"Veteran or military benefits services" means any services
6		offered or provided to a veteran, military member, or family
7		member who is entitled to receive benefits under federal,
8		State, or local law, policy, or practice as a result of, at
9		least in part, qualifying military service. Such services
10		include assistance in obtaining benefits, increasing benefits,
11		or appealing a decision related to obtaining or increasing
12		benefits.
13		"Veteran's services disclosure" means providing, in upper
14		case type in size at least as large as the type size of the
15		written communication or by voice-over, the following
16		statement: "VETERAN AND MILITARY BENEFITS SERVICES ARE
17		AVAILABLE FREE OF CHARGE FROM COUNTY VETERAN SERVICE OFFICERS,
18		THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, AND FEDERALLY
19		CHARTERED VETERAN SERVICE ORGANIZATIONS. TO LEARN MORE,
20		CONTACT THESE ORGANIZATIONS OR THE ILLINOIS ATTORNEY GENERAL'S
21		OFFICE AT 1-800-382-3000.".
22		(b) It is an unlawful practice within the meaning of this
23		Act for any person providing veteran or military benefits
24		services to:
25		(1) Fail in any advertising to conspicuously disclose
26		a veteran's services disclosure when veteran or military

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1		benefits services are provided in exchange for a benefit
2		or thing of value.
3		(2) Fail to obtain, or to obtain a pending application
4		for, all veteran or military benefits services
5		qualifications, certifications, and accreditations
6		required under State or federal law.
7		(3) Fail, when acting as a fiduciary for a veteran
8		receiving benefits, to meet the responsibilities of
9		fiduciaries under 38 CFR 13.140.
10		(4) Fail, when providing representation before the
11		United States Department of Veterans Affairs, to meet the
12		standards of conduct under 38 CFR 14.632.
13		(5) Charge fees or expenses in violation of 38 CFR
14		14.636 or 14.637.
15		(Source: P.A. 102-386, eff. 1-1-22; revised 11-12-21.)
16		(815 ILCS 505/2ZZZ)
17		Sec. 2ZZZ 2WWW. Violations of the Educational Planning
18		Services Consumer Protection Act. Any person who violates the
19		Educational Planning Services Consumer Protection Act commits
20		an unlawful practice within the meaning of this Act.
21		(Source: P.A. 102-571, eff. 1-1-22; revised 11-12-21.)
22		Section 730. The Prevailing Wage Act is amended by
23		changing Section 2 as follows:

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1		(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
2		Sec. 2. This Act applies to the wages of laborers,
3		mechanics and other workers employed in any public works, as
4		hereinafter defined, by any public body and to anyone under
5		contracts for public works. This includes any maintenance,
6		repair, assembly, or disassembly work performed on equipment
7		whether owned, leased, or rented.
8		As used in this Act, unless the context indicates
9		otherwise:
10		"Public works" means all fixed works constructed or
11		demolished by any public body, or paid for wholly or in part
12		out of public funds. "Public works" as defined herein includes
13		all projects financed in whole or in part with bonds, grants,
14		loans, or other funds made available by or through the State or
15		any of its political subdivisions, including but not limited
16		to: bonds issued under the Industrial Project Revenue Bond Act
17		(Article 11, Division 74 of the Illinois Municipal Code), the
18		Industrial Building Revenue Bond Act, the Illinois Finance
19		Authority Act, the Illinois Sports Facilities Authority Act,
20		or the Build Illinois Bond Act; loans or other funds made
21		available pursuant to the Build Illinois Act; loans or other
22		funds made available pursuant to the Riverfront Development
23		Fund under Section 10-15 of the River Edge Redevelopment Zone
24		Act; or funds from the Fund for Illinois' Future under Section
25		6z-47 of the State Finance Act, funds for school construction
26		under Section 5 of the General Obligation Bond Act, funds

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1		authorized under Section 3 of the School Construction Bond
2		Act, funds for school infrastructure under Section 6z-45 of
3		the State Finance Act, and funds for transportation purposes
4		under Section 4 of the General Obligation Bond Act. "Public
5		works" also includes (i) all projects financed in whole or in
6		part with funds from the Environmental Protection Agency under
7		the Illinois Renewable Fuels Development Program Act for which
8		there is no project labor agreement; (ii) all work performed
9		pursuant to a public private agreement under the Public
10		Private Agreements for the Illiana Expressway Act or the
11		Public-Private Agreements for the South Suburban Airport Act;
12		and (iii) all projects undertaken under a public-private
13		agreement under the Public-Private Partnerships for
14		Transportation Act. "Public works" also includes all projects
15		at leased facility property used for airport purposes under
16		Section 35 of the Local Government Facility Lease Act. "Public
17		works" also includes the construction of a new wind power
18		facility by a business designated as a High Impact Business
19		under Section 5.5(a)(3)(E) and the construction of a new
20		utility-scale solar power facility by a business designated as
21		a High Impact Business under Section 5.5(a)(3)(E-5) of the
22		Illinois Enterprise Zone Act. "Public works" also includes
23		electric vehicle charging station projects financed pursuant
24		to the Electric Vehicle Act and renewable energy projects
25		required to pay the prevailing wage pursuant to the Illinois
26		Power Agency Act. "Public works" does not include work done

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1		directly by any public utility company, whether or not done
2		under public supervision or direction, or paid for wholly or
3		in part out of public funds. "Public works" also includes
4		construction projects performed by a third party contracted by
5		any public utility, as described in subsection (a) of Section
6		2.1, in public rights-of-way, as defined in Section 21-201 of
7		the Public Utilities Act, whether or not done under public
8		supervision or direction, or paid for wholly or in part out of
9		public funds. "Public works" also includes construction
10		projects that exceed 15 aggregate miles of new fiber optic
11		cable, performed by a third party contracted by any public
12		utility, as described in subsection (b) of Section 2.1, in
13		public rights-of-way, as defined in Section 21-201 of the
14		Public Utilities Act, whether or not done under public
15		supervision or direction, or paid for wholly or in part out of
16		public funds. "Public works" also includes any corrective
17		action performed pursuant to Title XVI of the Environmental
18		Protection Act for which payment from the Underground Storage
19		Tank Fund is requested. "Public works" does not include
20		projects undertaken by the owner at an owner-occupied
21		single-family residence or at an owner-occupied unit of a
22		multi-family residence. "Public works" does not include work
23		performed for soil and water conservation purposes on
24		agricultural lands, whether or not done under public
25		supervision or paid for wholly or in part out of public funds,
26		done directly by an owner or person who has legal control of

HB5501 Engrossed - 2734 - LRB102 24698 AMC 33937 b
1		those lands.
2		"Construction" means all work on public works involving
3		laborers, workers or mechanics. This includes any maintenance,
4		repair, assembly, or disassembly work performed on equipment
5		whether owned, leased, or rented.
6		"Locality" means the county where the physical work upon
7		public works is performed, except (1) that if there is not
8		available in the county a sufficient number of competent
9		skilled laborers, workers and mechanics to construct the
10		public works efficiently and properly, "locality" includes any
11		other county nearest the one in which the work or construction
12		is to be performed and from which such persons may be obtained
13		in sufficient numbers to perform the work and (2) that, with
14		respect to contracts for highway work with the Department of
15		Transportation of this State, "locality" may at the discretion
16		of the Secretary of the Department of Transportation be
17		construed to include two or more adjacent counties from which
18		workers may be accessible for work on such construction.
19		"Public body" means the State or any officer, board or
20		commission of the State or any political subdivision or
21		department thereof, or any institution supported in whole or
22		in part by public funds, and includes every county, city,
23		town, village, township, school district, irrigation, utility,
24		reclamation improvement or other district and every other
25		political subdivision, district or municipality of the state
26		whether such political subdivision, municipality or district

HB5501 Engrossed - 2735 - LRB102 24698 AMC 33937 b
1		operates under a special charter or not.
2		"Labor organization" means an organization that is the
3		exclusive representative of an employer's employees recognized
4		or certified pursuant to the National Labor Relations Act.
5		The terms "general prevailing rate of hourly wages",
6		"general prevailing rate of wages" or "prevailing rate of
7		wages" when used in this Act mean the hourly cash wages plus
8		annualized fringe benefits for training and apprenticeship
9		programs approved by the U.S. Department of Labor, Bureau of
10		Apprenticeship and Training, health and welfare, insurance,
11		vacations and pensions paid generally, in the locality in
12		which the work is being performed, to employees engaged in
13		work of a similar character on public works.
14		(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
15		102-673, eff. 11-30-21; revised 12-9-21.)
16		Section 735. The Unemployment Insurance Act is amended by
17		changing Section 1900 as follows:
18		(820 ILCS 405/1900) (from Ch. 48, par. 640)
19		Sec. 1900. Disclosure of information.
20		A. Except as provided in this Section, information
21		obtained from any individual or employing unit during the
22		administration of this Act shall:
23		1. be confidential,
24		2. not be published or open to public inspection,

HB5501 Engrossed - 2736 - LRB102 24698 AMC 33937 b
1		3. not be used in any court in any pending action or
2		proceeding,
3		4. not be admissible in evidence in any action or
4		proceeding other than one arising out of this Act.
5		B. No finding, determination, decision, ruling, or order
6		(including any finding of fact, statement or conclusion made
7		therein) issued pursuant to this Act shall be admissible or
8		used in evidence in any action other than one arising out of
9		this Act, nor shall it be binding or conclusive except as
10		provided in this Act, nor shall it constitute res judicata,
11		regardless of whether the actions were between the same or
12		related parties or involved the same facts.
13		C. Any officer or employee of this State, any officer or
14		employee of any entity authorized to obtain information
15		pursuant to this Section, and any agent of this State or of
16		such entity who, except with authority of the Director under
17		this Section or as authorized pursuant to subsection P-1,
18		shall disclose information shall be guilty of a Class B
19		misdemeanor and shall be disqualified from holding any
20		appointment or employment by the State.
21		D. An individual or his duly authorized agent may be
22		supplied with information from records only to the extent
23		necessary for the proper presentation of his claim for
24		benefits or with his existing or prospective rights to
25		benefits. Discretion to disclose this information belongs
26		solely to the Director and is not subject to a release or

HB5501 Engrossed - 2737 - LRB102 24698 AMC 33937 b
1		waiver by the individual. Notwithstanding any other provision
2		to the contrary, an individual or his or her duly authorized
3		agent may be supplied with a statement of the amount of
4		benefits paid to the individual during the 18 months preceding
5		the date of his or her request.
6		E. An employing unit may be furnished with information,
7		only if deemed by the Director as necessary to enable it to
8		fully discharge its obligations or safeguard its rights under
9		the Act. Discretion to disclose this information belongs
10		solely to the Director and is not subject to a release or
11		waiver by the employing unit.
12		F. The Director may furnish any information that he may
13		deem proper to any public officer or public agency of this or
14		any other State or of the federal government dealing with:
15		1. the administration of relief,
16		2. public assistance,
17		3. unemployment compensation,
18		4. a system of public employment offices,
19		5. wages and hours of employment, or
20		6. a public works program.
21		The Director may make available to the Illinois Workers'
22		Compensation Commission information regarding employers for
23		the purpose of verifying the insurance coverage required under
24		the Workers' Compensation Act and Workers' Occupational
25		Diseases Act.
26		G. The Director may disclose information submitted by the

HB5501 Engrossed - 2738 - LRB102 24698 AMC 33937 b
1		State or any of its political subdivisions, municipal
2		corporations, instrumentalities, or school or community
3		college districts, except for information which specifically
4		identifies an individual claimant.
5		H. The Director shall disclose only that information
6		required to be disclosed under Section 303 of the Social
7		Security Act, as amended, including:
8		1. any information required to be given the United
9		States Department of Labor under Section 303(a)(6); and
10		2. the making available upon request to any agency of
11		the United States charged with the administration of
12		public works or assistance through public employment, the
13		name, address, ordinary occupation, and employment status
14		of each recipient of unemployment compensation, and a
15		statement of such recipient's right to further
16		compensation under such law as required by Section
17		303(a)(7); and
18		3. records to make available to the Railroad
19		Retirement Board as required by Section 303(c)(1); and
20		4. information that will assure reasonable cooperation
21		with every agency of the United States charged with the
22		administration of any unemployment compensation law as
23		required by Section 303(c)(2); and
24		5. information upon request and on a reimbursable
25		basis to the United States Department of Agriculture and
26		to any State food stamp agency concerning any information

HB5501 Engrossed - 2739 - LRB102 24698 AMC 33937 b
1		required to be furnished by Section 303(d); and
2		6. any wage information upon request and on a
3		reimbursable basis to any State or local child support
4		enforcement agency required by Section 303(e); and
5		7. any information required under the income
6		eligibility and verification system as required by Section
7		303(f); and
8		8. information that might be useful in locating an
9		absent parent or that parent's employer, establishing
10		paternity or establishing, modifying, or enforcing child
11		support orders for the purpose of a child support
12		enforcement program under Title IV of the Social Security
13		Act upon the request of and on a reimbursable basis to the
14		public agency administering the Federal Parent Locator
15		Service as required by Section 303(h); and
16		9. information, upon request, to representatives of
17		any federal, State, or local governmental public housing
18		agency with respect to individuals who have signed the
19		appropriate consent form approved by the Secretary of
20		Housing and Urban Development and who are applying for or
21		participating in any housing assistance program
22		administered by the United States Department of Housing
23		and Urban Development as required by Section 303(i).
24		I. The Director, upon the request of a public agency of
25		Illinois, of the federal government, or of any other state
26		charged with the investigation or enforcement of Section 10-5

HB5501 Engrossed - 2740 - LRB102 24698 AMC 33937 b
1		of the Criminal Code of 2012 (or a similar federal law or
2		similar law of another State), may furnish the public agency
3		information regarding the individual specified in the request
4		as to:
5		1. the current or most recent home address of the
6		individual, and
7		2. the names and addresses of the individual's
8		employers.
9		J. Nothing in this Section shall be deemed to interfere
10		with the disclosure of certain records as provided for in
11		Section 1706 or with the right to make available to the
12		Internal Revenue Service of the United States Department of
13		the Treasury, or the Department of Revenue of the State of
14		Illinois, information obtained under this Act. With respect to
15		each benefit claim that appears to have been filed other than
16		by the individual in whose name the claim was filed or by the
17		individual's authorized agent and with respect to which
18		benefits were paid during the prior calendar year, the
19		Director shall annually report to the Department of Revenue
20		information that is in the Director's possession and may
21		assist in avoiding negative income tax consequences for the
22		individual in whose name the claim was filed.
23		K. The Department shall make available to the Illinois
24		Student Assistance Commission, upon request, information in
25		the possession of the Department that may be necessary or
26		useful to the Commission in the collection of defaulted or

HB5501 Engrossed - 2741 - LRB102 24698 AMC 33937 b
1		delinquent student loans which the Commission administers.
2		L. The Department shall make available to the State
3		Employees' Retirement System, the State Universities
4		Retirement System, the Teachers' Retirement System of the
5		State of Illinois, and the Department of Central Management
6		Services, Risk Management Division, upon request, information
7		in the possession of the Department that may be necessary or
8		useful to the System or the Risk Management Division for the
9		purpose of determining whether any recipient of a disability
10		benefit from the System or a workers' compensation benefit
11		from the Risk Management Division is gainfully employed.
12		M. This Section shall be applicable to the information
13		obtained in the administration of the State employment
14		service, except that the Director may publish or release
15		general labor market information and may furnish information
16		that he may deem proper to an individual, public officer, or
17		public agency of this or any other State or the federal
18		government (in addition to those public officers or public
19		agencies specified in this Section) as he prescribes by Rule.
20		N. The Director may require such safeguards as he deems
21		proper to insure that information disclosed pursuant to this
22		Section is used only for the purposes set forth in this
23		Section.
24		O. Nothing in this Section prohibits communication with an
25		individual or entity through unencrypted e-mail or other
26		unencrypted electronic means as long as the communication does

HB5501 Engrossed - 2742 - LRB102 24698 AMC 33937 b
1		not contain the individual's or entity's name in combination
2		with any one or more of the individual's or entity's entire or
3		partial social security number; driver's license or State
4		identification number; credit or debit card number; or any
5		required security code, access code, or password that would
6		permit access to further information pertaining to the
7		individual or entity.
8		P. (Blank).
9		P-1. With the express written consent of a claimant or
10		employing unit and an agreement not to publicly disclose, the
11		Director shall provide requested information related to a
12		claim to an elected official performing constituent services
13		or his or her agent.
14		Q. The Director shall make available to an elected federal
15		official the name and address of an individual or entity that
16		is located within the jurisdiction from which the official was
17		elected and that, for the most recently completed calendar
18		year, has reported to the Department as paying wages to
19		workers, where the information will be used in connection with
20		the official duties of the official and the official requests
21		the information in writing, specifying the purposes for which
22		it will be used. For purposes of this subsection, the use of
23		information in connection with the official duties of an
24		official does not include use of the information in connection
25		with the solicitation of contributions or expenditures, in
26		money or in kind, to or on behalf of a candidate for public or

HB5501 Engrossed - 2743 - LRB102 24698 AMC 33937 b
1		political office or a political party or with respect to a
2		public question, as defined in Section 1-3 of the Election
3		Code, or in connection with any commercial solicitation. Any
4		elected federal official who, in submitting a request for
5		information covered by this subsection, knowingly makes a
6		false statement or fails to disclose a material fact, with the
7		intent to obtain the information for a purpose not authorized
8		by this subsection, shall be guilty of a Class B misdemeanor.
9		R. The Director may provide to any State or local child
10		support agency, upon request and on a reimbursable basis,
11		information that might be useful in locating an absent parent
12		or that parent's employer, establishing paternity, or
13		establishing, modifying, or enforcing child support orders.
14		S. The Department shall make available to a State's
15		Attorney of this State or a State's Attorney's investigator,
16		upon request, the current address or, if the current address
17		is unavailable, current employer information, if available, of
18		a victim of a felony or a witness to a felony or a person
19		against whom an arrest warrant is outstanding.
20		T. The Director shall make available to the Illinois State
21		Police, a county sheriff's office, or a municipal police
22		department, upon request, any information concerning the
23		current address and place of employment or former places of
24		employment of a person who is required to register as a sex
25		offender under the Sex Offender Registration Act that may be
26		useful in enforcing the registration provisions of that Act.

HB5501 Engrossed - 2744 - LRB102 24698 AMC 33937 b
1		U. The Director shall make information available to the
2		Department of Healthcare and Family Services and the
3		Department of Human Services for the purpose of determining
4		eligibility for public benefit programs authorized under the
5		Illinois Public Aid Code and related statutes administered by
6		those departments, for verifying sources and amounts of
7		income, and for other purposes directly connected with the
8		administration of those programs.
9		V. The Director shall make information available to the
10		State Board of Elections as may be required by an agreement the
11		State Board of Elections has entered into with a multi-state
12		voter registration list maintenance system.
13		W. The Director shall make information available to the
14		State Treasurer's office and the Department of Revenue for the
15		purpose of facilitating compliance with the Illinois Secure
16		Choice Savings Program Act, including employer contact
17		information for employers with 25 or more employees and any
18		other information the Director deems appropriate that is
19		directly related to the administration of this program.
20		X. The Director shall make information available, upon
21		request, to the Illinois Student Assistance Commission for the
22		purpose of determining eligibility for the adult vocational
23		community college scholarship program under Section 65.105 of
24		the Higher Education Student Assistance Act.
25		Y. Except as required under State or federal law, or
26		unless otherwise provided for in this Section, the Department

HB5501 Engrossed - 2745 - LRB102 24698 AMC 33937 b
1		shall not disclose an individual's entire social security
2		number in any correspondence physically mailed to an
3		individual or entity.
4		(Source: P.A. 101-315, eff. 1-1-20; 102-26, eff. 6-25-21;
5		102-538, eff. 8-20-21; revised 11-8-21.)
6		Section 995. No acceleration or delay. Where this Act
7		makes changes in a statute that is represented in this Act by
8		text that is not yet or no longer in effect (for example, a
9		Section represented by multiple versions), the use of that
10		text does not accelerate or delay the taking effect of (i) the
11		changes made by this Act or (ii) provisions derived from any
12		other Public Act.
13		Section 996. No revival or extension. This Act does not
14		revive or extend any Section or Act otherwise repealed.
15		Section 999. Effective date. This Act takes effect upon
16		becoming law.
HB5501 Engrossed - 2746 - LRB102 24698 AMC 33937 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.37 4 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 5 5 ILCS 100/5-45.8 6 5 ILCS 100/5-45.9 7 5 ILCS 100/5-45.15 8 5 ILCS 100/5-45.16 9 5 ILCS 100/5-45.17 10 5 ILCS 100/5-45.18 11 5 ILCS 100/5-45.19 12 5 ILCS 120/2 from Ch. 102, par. 42 13 5 ILCS 140/7.5 14 5 ILCS 315/3 from Ch. 48, par. 1603 15 5 ILCS 315/9 from Ch. 48, par. 1609 16 5 ILCS 315/10 from Ch. 48, par. 1610 17 5 ILCS 350/1 from Ch. 127, par. 1301 18 5 ILCS 375/3 from Ch. 127, par. 523 19 5 ILCS 375/6.11 20 5 ILCS 400/5.10 from Ch. 127, par. 4255.10 21 5 ILCS 420/4A-102 from Ch. 127, par. 604A-102 22 5 ILCS 420/4A-107 from Ch. 127, par. 604A-107 23 5 ILCS 430/5-50 24 5 ILCS 820/10 25 5 ILCS 820/35 HB5501 Engrossed - 2747 - LRB102 24698 AMC 33937 b 1 5 ILCS 830/10-5 2 10 ILCS 5/19-2 from Ch. 46, par. 19-2 3 15 ILCS 305/35 4 15 ILCS 305/36 5 15 ILCS 310/10b.1 from Ch. 124, par. 110b.1 6 15 ILCS 405/28 7 15 ILCS 405/29 8 15 ILCS 410/10b.1 from Ch. 15, par. 426 9 15 ILCS 520/22.5 from Ch. 130, par. 41a 10 20 ILCS 5/5-715 11 20 ILCS 301/30-5 12 20 ILCS 405/405-535 13 20 ILCS 405/405-536 14 20 ILCS 415/4c from Ch. 127, par. 63b104c 15 20 ILCS 415/8b.1 from Ch. 127, par. 63b108b.1 16 20 ILCS 505/7.3a 17 20 ILCS 605/605-1055 18 20 ILCS 605/605-1057 19 20 ILCS 605/605-1080 20 20 ILCS 605/605-1085 21 20 ILCS 605/605-1090 22 20 ILCS 655/5.5 from Ch. 67 1/2, par. 609.1 23 20 ILCS 665/8a from Ch. 127, par. 200-28a 24 20 ILCS 1205/6 from Ch. 17, par. 106 25 20 ILCS 1370/1-5 26 20 ILCS 1405/1405-40 HB5501 Engrossed - 2748 - LRB102 24698 AMC 33937 b 1 20 ILCS 1405/1405-45 2 20 ILCS 1505/1505-215 3 20 ILCS 1605/21.8 4 20 ILCS 2205/2205-31 5 20 ILCS 2310/2310-223 6 20 ILCS 2310/2310-431 7 20 ILCS 2310/2310-432 8 20 ILCS 2605/2605-35 was 20 ILCS 2605/55a-3 9 20 ILCS 2605/2605-40 was 20 ILCS 2605/55a-4 10 20 ILCS 2605/2605-50 was 20 ILCS 2605/55a-6 11 20 ILCS 2605/2605-51 12 20 ILCS 2605/2605-51.1 13 20 ILCS 2605/2605-410 14 20 ILCS 2605/2605-605 15 20 ILCS 2610/3 from Ch. 121, par. 307.3 16 20 ILCS 2610/8 from Ch. 121, par. 307.8 17 20 ILCS 2610/9 from Ch. 121, par. 307.9 18 20 ILCS 2610/12.6 19 20 ILCS 2610/12.7 20 20 ILCS 2610/14 from Ch. 121, par. 307.14 21 20 ILCS 2610/46 22 20 ILCS 2630/5.2 23 20 ILCS 2805/2.01a from Ch. 126 1/2, par. 67.01a 24 20 ILCS 2805/2.04 from Ch. 126 1/2, par. 67.04 25 20 ILCS 2905/3 from Ch. 127 1/2, par. 3 26 20 ILCS 3125/10 HB5501 Engrossed - 2749 - LRB102 24698 AMC 33937 b 1 20 ILCS 3125/15 2 20 ILCS 3125/30 3 20 ILCS 3305/5 from Ch. 127, par. 1055 4 20 ILCS 3310/40 5 20 ILCS 3930/7.7 6 30 ILCS 105/5.935 7 30 ILCS 105/5.936 8 30 ILCS 105/5.937 9 30 ILCS 105/5.938 10 30 ILCS 105/5.942 11 30 ILCS 105/5.943 12 30 ILCS 105/5.944 13 30 ILCS 105/5.945 14 30 ILCS 105/5.946 15 30 ILCS 105/5.947 16 30 ILCS 105/5.948 17 30 ILCS 105/5.949 18 30 ILCS 105/5.950 19 30 ILCS 105/5.951 20 30 ILCS 105/5.952 21 30 ILCS 105/5.953 22 30 ILCS 105/5.954 23 30 ILCS 105/5.955 24 30 ILCS 105/5.956 25 30 ILCS 105/5.957 26 30 ILCS 105/5.958 HB5501 Engrossed - 2750 - LRB102 24698 AMC 33937 b 1 30 ILCS 105/5.959 2 30 ILCS 105/5.960 3 30 ILCS 105/5.961 4 30 ILCS 105/5.962 5 30 ILCS 105/5.963 6 30 ILCS 105/5.964 7 30 ILCS 105/6z-82 8 30 ILCS 105/6z-99 9 30 ILCS 105/6z-125 10 30 ILCS 105/6z-127 11 30 ILCS 105/8.3 from Ch. 127, par. 144.3 12 30 ILCS 105/25 from Ch. 127, par. 161 13 30 ILCS 500/1-10 14 30 ILCS 605/7b 15 30 ILCS 605/7c 16 30 ILCS 708/20 17 30 ILCS 708/45 18 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 19 30 ILCS 805/8.43 20 30 ILCS 805/8.44 21 30 ILCS 805/8.45 22 35 ILCS 5/203 from Ch. 120, par. 2-203 23 35 ILCS 5/901 24 35 ILCS 5/917 from Ch. 120, par. 9-917 25 35 ILCS 10/5-45 26 35 ILCS 120/1 from Ch. 120, par. 440 HB5501 Engrossed - 2751 - LRB102 24698 AMC 33937 b 1 35 ILCS 120/2-5 2 35 ILCS 120/3 from Ch. 120, par. 442 3 35 ILCS 200/18-185 4 35 ILCS 200/21-260 5 35 ILCS 200/22-10 6 40 ILCS 5/1-160 7 40 ILCS 5/7-109 from Ch. 108 1/2, par. 7-109 8 40 ILCS 5/7-141 from Ch. 108 1/2, par. 7-141 9 40 ILCS 5/14-103.42 10 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 11 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 12 40 ILCS 5/16-203 13 50 ILCS 105/4.1 14 50 ILCS 705/9 from Ch. 85, par. 509 15 50 ILCS 705/10.18 16 50 ILCS 709/5-10 17 50 ILCS 709/5-11 18 50 ILCS 709/5-12 19 50 ILCS 709/5-20 20 50 ILCS 750/2 from Ch. 134, par. 32 21 50 ILCS 750/7 from Ch. 134, par. 37 22 50 ILCS 750/8 from Ch. 134, par. 38 23 50 ILCS 750/10 from Ch. 134, par. 40 24 50 ILCS 750/15.6 25 50 ILCS 750/15.6a 26 50 ILCS 750/15.6b HB5501 Engrossed - 2752 - LRB102 24698 AMC 33937 b 1 50 ILCS 750/17.5 2 50 ILCS 750/19 3 50 ILCS 750/20 4 50 ILCS 750/30 5 50 ILCS 750/40 6 55 ILCS 5/3-9008 from Ch. 34, par. 3-9008 7 55 ILCS 5/5-1069.3 8 55 ILCS 5/5-1186 9 55 ILCS 5/5-1187 10 65 ILCS 5/8-4-25 from Ch. 24, par. 8-4-25 11 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 12 65 ILCS 5/10-1-7.1 13 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 14 65 ILCS 5/10-2.1-6.3 15 65 ILCS 5/10-4-2.3 16 65 ILCS 20/21-5.1 from Ch. 24, par. 21-5.1 17 70 ILCS 705/16.06 from Ch. 127 1/2, par. 37.06 18 70 ILCS 705/16.06b 19 105 ILCS 5/2-3.25o 20 105 ILCS 5/2-3.80 from Ch. 122, par. 2-3.80 21 105 ILCS 5/2-3.182 22 105 ILCS 5/2-3.189 23 105 ILCS 5/2-3.190 24 105 ILCS 5/2-3.191 25 105 ILCS 5/10-17a from Ch. 122, par. 10-17a 26 105 ILCS 5/10-20.73 HB5501 Engrossed - 2753 - LRB102 24698 AMC 33937 b 1 105 ILCS 5/10-20.75 2 105 ILCS 5/10-20.76 3 105 ILCS 5/10-20.77 4 105 ILCS 5/10-20.78 5 105 ILCS 5/10-20.79 6 105 ILCS 5/10-20.80 7 105 ILCS 5/10-20.81 8 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9 9 105 ILCS 5/10-22.3f 10 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 11 105 ILCS 5/10-22.39 12 105 ILCS 5/10-27.1A 13 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 14 105 ILCS 5/14-17 15 105 ILCS 5/14-18 16 105 ILCS 5/18-8.15 17 105 ILCS 5/21A-25.5 18 105 ILCS 5/22-30 19 105 ILCS 5/22-90 20 105 ILCS 5/22-91 21 105 ILCS 5/22-92 22 105 ILCS 5/22-93 23 105 ILCS 5/24-2 from Ch. 122, par. 24-2 24 105 ILCS 5/26-1 from Ch. 122, par. 26-1 25 105 ILCS 5/26-2a from Ch. 122, par. 26-2a 26 105 ILCS 5/26-13 from Ch. 122, par. 26-13 HB5501 Engrossed - 2754 - LRB102 24698 AMC 33937 b 1 105 ILCS 5/27-23.7 2 105 ILCS 5/27-23.15 3 105 ILCS 5/27-23.16 4 105 ILCS 5/27A-5 5 105 ILCS 5/29-5 from Ch. 122, par. 29-5 6 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 7 105 ILCS 5/34-4.5 8 105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5 9 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 10 105 ILCS 5/34-18.67 11 105 ILCS 5/34-18.71 12 105 ILCS 5/34-18.72 13 105 ILCS 5/34-18.73 14 105 ILCS 5/34-18.74 15 105 ILCS 5/34-18.75 16 105 ILCS 5/34-18.76 17 105 ILCS 5/34-21.9 18 105 ILCS 10/2 from Ch. 122, par. 50-2 19 105 ILCS 10/6 from Ch. 122, par. 50-6 20 110 ILCS 49/15 21 110 ILCS 58/25 22 110 ILCS 305/120 23 110 ILCS 305/122 24 110 ILCS 305/130 25 110 ILCS 305/135 26 110 ILCS 305/140 HB5501 Engrossed - 2755 - LRB102 24698 AMC 33937 b 1 110 ILCS 305/145 2 110 ILCS 305/150 3 110 ILCS 305/155 4 110 ILCS 330/8d 5 110 ILCS 330/8e 6 110 ILCS 330/8f 7 110 ILCS 520/6.6 8 110 ILCS 520/100 9 110 ILCS 520/102 10 110 ILCS 520/110 11 110 ILCS 520/115 12 110 ILCS 520/120 13 110 ILCS 520/125 14 110 ILCS 520/130 15 110 ILCS 660/5-210 16 110 ILCS 660/5-212 17 110 ILCS 660/5-220 18 110 ILCS 660/5-225 19 110 ILCS 660/5-230 20 110 ILCS 660/5-235 21 110 ILCS 660/5-240 22 110 ILCS 665/10-210 23 110 ILCS 665/10-212 24 110 ILCS 665/10-220 25 110 ILCS 665/10-225 26 110 ILCS 665/10-230 HB5501 Engrossed - 2756 - LRB102 24698 AMC 33937 b 1 110 ILCS 665/10-235 2 110 ILCS 665/10-240 3 110 ILCS 670/15-210 4 110 ILCS 670/15-212 5 110 ILCS 670/15-220 6 110 ILCS 670/15-225 7 110 ILCS 670/15-230 8 110 ILCS 670/15-235 9 110 ILCS 670/15-240 10 110 ILCS 675/20-215 11 110 ILCS 675/20-217 12 110 ILCS 675/20-225 13 110 ILCS 675/20-230 14 110 ILCS 675/20-235 15 110 ILCS 675/20-240 16 110 ILCS 675/20-245 17 110 ILCS 680/25-210 18 110 ILCS 680/25-212 19 110 ILCS 680/25-220 20 110 ILCS 680/25-225 21 110 ILCS 680/25-230 22 110 ILCS 680/25-235 23 110 ILCS 680/25-240 24 110 ILCS 685/30-220 25 110 ILCS 685/30-222 26 110 ILCS 685/30-230 HB5501 Engrossed - 2757 - LRB102 24698 AMC 33937 b 1 110 ILCS 685/30-235 2 110 ILCS 685/30-240 3 110 ILCS 685/30-245 4 110 ILCS 685/30-250 5 110 ILCS 690/35-215 6 110 ILCS 690/35-217 7 110 ILCS 690/35-225 8 110 ILCS 690/35-230 9 110 ILCS 690/35-235 10 110 ILCS 690/35-240 11 110 ILCS 690/35-245 12 110 ILCS 805/3-29.14 13 110 ILCS 805/3-29.14a 14 110 ILCS 805/3-29.16 15 110 ILCS 805/3-29.17 16 110 ILCS 805/3-29.18 17 110 ILCS 805/3-29.19 18 110 ILCS 947/50 19 110 ILCS 947/65.110 20 110 ILCS 947/65.115 21 110 ILCS 983/15 22 115 ILCS 5/14 from Ch. 48, par. 1714 23 205 ILCS 305/19 from Ch. 17, par. 4420 24 210 ILCS 5/6.9 25 210 ILCS 50/3.10 26 210 ILCS 85/6.28 HB5501 Engrossed - 2758 - LRB102 24698 AMC 33937 b 1 210 ILCS 85/6.30 2 210 ILCS 85/6.31 3 210 ILCS 85/6.32 4 210 ILCS 85/10.10 5 210 ILCS 85/14.5 6 210 ILCS 170/30 7 215 ILCS 5/131.1 8 215 ILCS 5/131.14b 9 215 ILCS 5/131.22 10 215 ILCS 5/356z.43 11 215 ILCS 5/356z.45 12 215 ILCS 5/356z.46 13 215 ILCS 5/356z.47 14 215 ILCS 5/356z.48 15 215 ILCS 5/356z.49 16 215 ILCS 5/356z.50 17 215 ILCS 5/356z.51 18 215 ILCS 5/370c from Ch. 73, par. 982c 19 215 ILCS 5/370c.1 20 215 ILCS 124/5 21 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 22 215 ILCS 130/4003 from Ch. 73, par. 1504-3 23 215 ILCS 165/10 from Ch. 32, par. 604 24 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 25 225 ILCS 46/15 26 225 ILCS 57/15 HB5501 Engrossed - 2759 - LRB102 24698 AMC 33937 b 1 225 ILCS 60/7 from Ch. 111, par. 4400-7 2 225 ILCS 60/22 from Ch. 111, par. 4400-22 3 225 ILCS 85/3 4 225 ILCS 85/4 from Ch. 111, par. 4124 5 225 ILCS 85/43 6 225 ILCS 85/44 7 225 ILCS 316/125 8 225 ILCS 447/5-10 9 225 ILCS 458/5-22 10 230 ILCS 5/26 from Ch. 8, par. 37-26 11 230 ILCS 5/28 from Ch. 8, par. 37-28 12 230 ILCS 10/6 from Ch. 120, par. 2406 13 230 ILCS 10/18 from Ch. 120, par. 2418 14 235 ILCS 5/3-12 15 235 ILCS 5/6-5 from Ch. 43, par. 122 16 235 ILCS 5/6-37 17 235 ILCS 5/6-37.5 18 305 ILCS 5/5-2 from Ch. 23, par. 5-2 19 305 ILCS 5/5-4.2 20 305 ILCS 5/5-5 from Ch. 23, par. 5-5 21 305 ILCS 5/5-5.12d 22 305 ILCS 5/5-5.12e 23 305 ILCS 5/5-5f 24 305 ILCS 5/5-16.8 25 305 ILCS 5/5-30.1 26 305 ILCS 5/5-41 HB5501 Engrossed - 2760 - LRB102 24698 AMC 33937 b 1 305 ILCS 5/5-44 2 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 3 305 ILCS 5/10-1 from Ch. 23, par. 10-1 4 305 ILCS 5/12-4.35 5 305 ILCS 5/12-4.54 6 305 ILCS 5/12-4.55 7 310 ILCS 10/17 from Ch. 67 1/2, par. 17 8 310 ILCS 10/25 from Ch. 67 1/2, par. 25 9 320 ILCS 20/3.5 10 325 ILCS 5/3 from Ch. 23, par. 2053 11 325 ILCS 5/7.8 12 325 ILCS 20/11 from Ch. 23, par. 4161 13 410 ILCS 70/1a from Ch. 111 1/2, par. 87-1a 14 410 ILCS 70/5 from Ch. 111 1/2, par. 87-5 15 410 ILCS 70/6.4 from Ch. 111 1/2, par. 87-6.4 16 410 ILCS 130/100 17 410 ILCS 130/145 18 410 ILCS 705/1-10 19 410 ILCS 705/15-25 20 410 ILCS 705/15-30 21 410 ILCS 705/15-40 22 410 ILCS 705/15-135 23 410 ILCS 705/20-30 24 410 ILCS 705/25-30 25 410 ILCS 705/25-35 26 410 ILCS 705/30-30 HB5501 Engrossed - 2761 - LRB102 24698 AMC 33937 b 1 410 ILCS 705/35-25 2 410 ILCS 705/35-30 3 410 ILCS 705/40-25 4 410 ILCS 705/40-30 5 410 ILCS 705/55-30 6 415 ILCS 5/3.330 was 415 ILCS 5/3.32 7 415 ILCS 5/17.12 8 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 9 415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15 10 415 ILCS 5/22.59 11 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 12 415 ILCS 120/15 13 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1 14 430 ILCS 65/3 from Ch. 38, par. 83-3 15 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 16 430 ILCS 65/4 from Ch. 38, par. 83-4 17 430 ILCS 65/5 from Ch. 38, par. 83-5 18 430 ILCS 65/6 from Ch. 38, par. 83-6 19 430 ILCS 65/8 from Ch. 38, par. 83-8 20 430 ILCS 65/8.3 21 430 ILCS 65/9.5 22 430 ILCS 65/10 from Ch. 38, par. 83-10 23 430 ILCS 65/11 from Ch. 38, par. 83-11 24 430 ILCS 65/13.2 from Ch. 38, par. 83-13.2 25 430 ILCS 66/10 26 430 ILCS 66/20 HB5501 Engrossed - 2762 - LRB102 24698 AMC 33937 b 1 430 ILCS 66/30 2 430 ILCS 66/50 3 430 ILCS 66/55 4 430 ILCS 66/70 5 430 ILCS 67/35 6 430 ILCS 67/40 7 520 ILCS 5/3.3 from Ch. 61, par. 3.3 8 625 ILCS 5/3-117.1 from Ch. 95 1/2, par. 3-117.1 9 625 ILCS 5/3-699.14 10 625 ILCS 5/5-102 from Ch. 95 1/2, par. 5-102 11 625 ILCS 5/5-402.1 from Ch. 95 1/2, par. 5-402.1 12 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 13 625 ILCS 5/6-107.5 14 625 ILCS 5/6-206 15 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 16 625 ILCS 5/11-212 17 625 ILCS 5/11-907 from Ch. 95 1/2, par. 11-907 18 625 ILCS 5/11-1201.1 19 625 ILCS 5/13-108 from Ch. 95 1/2, par. 13-108 20 625 ILCS 5/13-109.1 21 625 ILCS 5/15-102 from Ch. 95 1/2, par. 15-102 22 625 ILCS 5/15-305 from Ch. 95 1/2, par. 15-305 23 625 ILCS 5/16-103 from Ch. 95 1/2, par. 16-103 24 625 ILCS 5/16-105 from Ch. 95 1/2, par. 16-105 25 625 ILCS 40/5-7 26 705 ILCS 105/27.1b HB5501 Engrossed - 2763 - LRB102 24698 AMC 33937 b 1 705 ILCS 135/15-70 2 705 ILCS 405/1-4.2 3 705 ILCS 405/1-4.3 4 705 ILCS 405/1-7 5 705 ILCS 405/1-8 6 705 ILCS 405/2-10 from Ch. 37, par. 802-10 7 705 ILCS 405/2-28 from Ch. 37, par. 802-28 8 705 ILCS 405/5-501 9 705 ILCS 405/5-901 10 705 ILCS 505/22 from Ch. 37, par. 439.22 11 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 12 720 ILCS 5/24-3 from Ch. 38, par. 24-3 13 720 ILCS 5/24-8 14 720 ILCS 550/8 from Ch. 56 1/2, par. 708 15 720 ILCS 570/102 from Ch. 56 1/2, par. 1102 16 720 ILCS 570/316 17 720 ILCS 675/1 from Ch. 23, par. 2357 18 725 ILCS 5/106D-1 19 725 ILCS 5/107-4 from Ch. 38, par. 107-4 20 725 ILCS 5/109-1 from Ch. 38, par. 109-1 21 725 ILCS 5/110-1 from Ch. 38, par. 110-1 22 725 ILCS 5/110-3 from Ch. 38, par. 110-3 23 725 ILCS 5/110-5 from Ch. 38, par. 110-5 24 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 25 725 ILCS 5/112A-20 from Ch. 38, par. 112A-20 26 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23 HB5501 Engrossed - 2764 - LRB102 24698 AMC 33937 b 1 725 ILCS 5/122-9 2 725 ILCS 120/4.5 3 725 ILCS 190/3 from Ch. 38, par. 1453 4 725 ILCS 191/10 5 725 ILCS 202/50 6 725 ILCS 203/35 7 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 8 730 ILCS 5/Ch. III Art. 3 9 heading 10 730 ILCS 5/3-3-14 11 730 ILCS 5/3-6-7.2 12 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 13 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1 14 730 ILCS 5/5-4-3a 15 730 ILCS 5/5-5-3 16 730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4 17 730 ILCS 5/5-9-1.9 18 730 ILCS 152/121 19 730 ILCS 154/85 20 730 ILCS 154/95 21 730 ILCS 154/100 22 730 ILCS 154/105 23 730 ILCS 205/2-1 24 730 ILCS 205/2-10 25 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 26 735 ILCS 5/21-103 HB5501 Engrossed - 2765 - LRB102 24698 AMC 33937 b