Sen. Patrick J. Joyce
Filed: 11/6/2023
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 3641 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 3641 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The State Employees Group Insurance Act of | ||||||
| 5 | 1971 is amended by changing Section 6.11C as follows:
| ||||||
| 6 | (5 ILCS 375/6.11C) | ||||||
| 7 | (This Section may contain text from a Public Act with a | ||||||
| 8 | delayed effective date) | ||||||
| 9 | Sec. 6.11C. Coverage for injectable medicines to improve | ||||||
| 10 | glucose or weight loss. Beginning on July 1, 2024, January 1, | ||||||
| 11 | 2024, the State Employees Group Insurance Program shall | ||||||
| 12 | provide coverage for all types of medically necessary | ||||||
| 13 | injectable medicines prescribed on-label or off-label to | ||||||
| 14 | improve glucose or weight loss for use by adults diagnosed or | ||||||
| 15 | previously diagnosed with prediabetes, gestational diabetes, | ||||||
| 16 | or obesity. To continue to qualify for coverage under this | ||||||
| |||||||
| |||||||
| 1 | Section, the continued treatment must be medically necessary, | ||||||
| 2 | and covered members must, if given advance, written notice, | ||||||
| 3 | participate in a lifestyle management plan administered by | ||||||
| 4 | their health plan. This Section does not apply to individuals | ||||||
| 5 | covered by a Medicare Advantage Prescription Drug Plan. | ||||||
| 6 | (Source: P.A. 103-8, eff. 1-1-24.)
| ||||||
| 7 | Section 10. The Children and Family Services Act is | ||||||
| 8 | amended by changing Section 5.46 as follows:
| ||||||
| 9 | (20 ILCS 505/5.46) | ||||||
| 10 | Sec. 5.46. Application for Social Security benefits, | ||||||
| 11 | Supplemental Security Income, Veterans benefits, and Railroad | ||||||
| 12 | Retirement benefits. | ||||||
| 13 | (a) Definitions. As used in this Section: | ||||||
| 14 | "Achieving a Better Life Experience Account" or "ABLE | ||||||
| 15 | account" means an account established for the purpose of | ||||||
| 16 | financing certain qualified expenses of eligible individuals | ||||||
| 17 | as specifically provided for in Section 529A of the Internal | ||||||
| 18 | Revenue Code and Section 16.6 of the State Treasurer Act. | ||||||
| 19 | "Benefits" means Social Security benefits, Supplemental | ||||||
| 20 | Security Income, Veterans benefits, and Railroad Retirement | ||||||
| 21 | benefits. | ||||||
| 22 | "DCFS Guardianship Administrator" means a Department | ||||||
| 23 | representative appointed as guardian of the person or legal | ||||||
| 24 | custodian of the minor youth in care. | ||||||
| |||||||
| |||||||
| 1 | "Youth's attorney and guardian ad litem" means the person | ||||||
| 2 | appointed as the youth's attorney or guardian ad litem in | ||||||
| 3 | accordance with the Juvenile Court Act of 1987 in the | ||||||
| 4 | proceeding in which the Department is appointed as the youth's | ||||||
| 5 | guardian or custodian. | ||||||
| 6 | (b) Application for benefits. | ||||||
| 7 | (1) Upon receiving temporary custody or guardianship | ||||||
| 8 | of a youth in care, the Department shall assess the youth | ||||||
| 9 | to determine whether the youth may be eligible for | ||||||
| 10 | benefits. If, after the assessment, the Department | ||||||
| 11 | determines that the youth may be eligible for benefits, | ||||||
| 12 | the Department shall ensure that an application is filed | ||||||
| 13 | on behalf of the youth. The Department shall prescribe by | ||||||
| 14 | rule how it will review cases of youth in care at regular | ||||||
| 15 | intervals to determine whether the youth may have become | ||||||
| 16 | eligible for benefits after the initial assessment. The | ||||||
| 17 | Department shall make reasonable efforts to encourage | ||||||
| 18 | youth in care over the age of 18 who are likely eligible | ||||||
| 19 | for benefits to cooperate with the application process and | ||||||
| 20 | to assist youth with the application process. | ||||||
| 21 | (2) When applying for benefits under this Section for | ||||||
| 22 | a youth in care the Department shall identify a | ||||||
| 23 | representative payee in accordance with the requirements | ||||||
| 24 | of 20 CFR 404.2021 and 416.621. If the Department is | ||||||
| 25 | seeking to be appointed as the youth's representative | ||||||
| 26 | payee, the Department must consider input, if provided, | ||||||
| |||||||
| |||||||
| 1 | from the youth's attorney and guardian ad litem regarding | ||||||
| 2 | whether another representative payee, consistent with the | ||||||
| 3 | requirements of 20 CFR 404.2021 and 416.621, is available. | ||||||
| 4 | If the Department serves as the representative payee for a | ||||||
| 5 | youth over the age of 18, the Department shall request a | ||||||
| 6 | court order, as described in subparagraph (C) of paragraph | ||||||
| 7 | (1) of subsection (d) and in subparagraph (C) of paragraph | ||||||
| 8 | (2) of subsection (d). | ||||||
| 9 | (c) Notifications. The Department shall immediately notify | ||||||
| 10 | a youth over the age of 16, the youth's attorney and guardian | ||||||
| 11 | ad litem, and the youth's parent or legal guardian or another | ||||||
| 12 | responsible adult of: | ||||||
| 13 | (1) any application for or any application to become | ||||||
| 14 | representative payee for benefits on behalf of a youth in | ||||||
| 15 | care; | ||||||
| 16 | (2) beginning January 1, 2025, any communications from | ||||||
| 17 | the Social Security Administration, the U.S. Department of | ||||||
| 18 | Veterans Affairs, or the Railroad Retirement Board | ||||||
| 19 | pertaining to the acceptance or denial of benefits or the | ||||||
| 20 | selection of a representative payee; and | ||||||
| 21 | (3) beginning January 1, 2025, any appeal or other | ||||||
| 22 | action requested by the Department regarding an | ||||||
| 23 | application for benefits. | ||||||
| 24 | (d) Use of benefits. Consistent with federal law, when the | ||||||
| 25 | Department serves as the representative payee for a youth | ||||||
| 26 | receiving benefits and receives benefits on the youth's | ||||||
| |||||||
| |||||||
| 1 | behalf, the Department shall: | ||||||
| 2 | (1) Beginning January 1, 2024 2023, ensure that when | ||||||
| 3 | the youth attains the age of 14 years and until the | ||||||
| 4 | Department no longer serves as the representative payee, a | ||||||
| 5 | minimum percentage of the youth's Supplemental Security | ||||||
| 6 | Income benefits are conserved in accordance with paragraph | ||||||
| 7 | (4) as follows: | ||||||
| 8 | (A) From the age of 14 through age 15, at least | ||||||
| 9 | 40%. | ||||||
| 10 | (B) From the age of 16 through age 17, at least | ||||||
| 11 | 80%. | ||||||
| 12 | (C) From the age of 18 and older through 20, 100%, | ||||||
| 13 | when a court order has been entered expressly | ||||||
| 14 | authorizing allowing the DCFS Guardianship | ||||||
| 15 | Administrator to serve as the designated | ||||||
| 16 | representative to establish an ABLE account on behalf | ||||||
| 17 | of a youth Department to have the authority to | ||||||
| 18 | establish and serve as an authorized agent of the | ||||||
| 19 | youth over the age of 18 with respect to an account | ||||||
| 20 | established in accordance with paragraph (4). | ||||||
| 21 | (2) Beginning January 1, 2024, ensure that when the | ||||||
| 22 | youth attains the age of 14 years and until the Department | ||||||
| 23 | no longer serves as the representative payee a minimum | ||||||
| 24 | percentage of the youth's Social Security benefits, | ||||||
| 25 | Veterans benefits, or Railroad Retirement benefits are | ||||||
| 26 | conserved in accordance with paragraph (3) or (4), as | ||||||
| |||||||
| |||||||
| 1 | applicable, as follows: | ||||||
| 2 | (A) From the age of 14 through age 15, at least | ||||||
| 3 | 40%. | ||||||
| 4 | (B) From the age of 16 through age 17, at least | ||||||
| 5 | 80%. | ||||||
| 6 | (C) From the age of 18 through 20, 100%. If | ||||||
| 7 | establishment of an ABLE account is necessary to | ||||||
| 8 | conserve benefits for youth age 18 and older, then | ||||||
| 9 | benefits shall be conserved in accordance with | ||||||
| 10 | paragraph (4) when a court order has been entered | ||||||
| 11 | expressly authorizing the DCFS Guardianship | ||||||
| 12 | Administrator to serve as the designated | ||||||
| 13 | representative to establish an ABLE account on behalf | ||||||
| 14 | of a youth , when a court order has been entered | ||||||
| 15 | expressly allowing the Department to have the | ||||||
| 16 | authority to establish and serve as an authorized | ||||||
| 17 | agent of the youth over the age of 18 with respect to | ||||||
| 18 | an account established in accordance with paragraph | ||||||
| 19 | (4). | ||||||
| 20 | (3) Exercise discretion in accordance with federal law | ||||||
| 21 | and in the best interests of the youth when making | ||||||
| 22 | decisions to use or conserve the youth's benefits that are | ||||||
| 23 | less than or not subject to asset or resource limits under | ||||||
| 24 | federal law, including using the benefits to address the | ||||||
| 25 | youth's special needs and conserving the benefits for the | ||||||
| 26 | youth's reasonably foreseeable future needs. | ||||||
| |||||||
| |||||||
| 1 | (4) Appropriately monitor any federal asset or | ||||||
| 2 | resource limits for the Supplemental Security Income | ||||||
| 3 | benefits and ensure that the youth's best interest is | ||||||
| 4 | served by using or conserving the benefits in a way that | ||||||
| 5 | avoids violating any federal asset or resource limits that | ||||||
| 6 | would affect the youth's eligibility to receive the | ||||||
| 7 | benefits, including, but not limited to: | ||||||
| 8 | (A) applying to the Social Security Administration | ||||||
| 9 | to establish a Plan to Achieve Self-Support (PASS) | ||||||
| 10 | Account for the youth under the Social Security Act | ||||||
| 11 | and determining whether it is in the best interest of | ||||||
| 12 | the youth to conserve all or parts of the benefits in | ||||||
| 13 | the PASS account; | ||||||
| 14 | (B) establishing a 529 plan for the youth and | ||||||
| 15 | conserving the youth's benefits in that account in a | ||||||
| 16 | manner that appropriately avoids any federal asset or | ||||||
| 17 | resource limits; | ||||||
| 18 | (C) establishing an Individual Development Account | ||||||
| 19 | for the youth and conserving the youth's benefits in | ||||||
| 20 | that account in a manner that appropriately avoids any | ||||||
| 21 | federal asset or resource limits; | ||||||
| 22 | (A) (D) establishing an ABLE account authorized by | ||||||
| 23 | Section 529A of the Internal Revenue Code of 1986, for | ||||||
| 24 | the youth and conserving the youth's benefits in that | ||||||
| 25 | account in a manner that appropriately avoids any | ||||||
| 26 | federal asset or resource limits; | ||||||
| |||||||
| |||||||
| 1 | (E) establishing a Social Security Plan to Achieve | ||||||
| 2 | Self-Support account for the youth and conserving the | ||||||
| 3 | youth's benefits in a manner that appropriately avoids | ||||||
| 4 | any federal asset or resource limits; | ||||||
| 5 | (F) establishing a special needs trust for the | ||||||
| 6 | youth and conserving the youth's benefits in the trust | ||||||
| 7 | in a manner that is consistent with federal | ||||||
| 8 | requirements for special needs trusts and that | ||||||
| 9 | appropriately avoids any federal asset or resource | ||||||
| 10 | limits; | ||||||
| 11 | (B) (G) if the Department determines that using | ||||||
| 12 | the benefits for services for current special needs | ||||||
| 13 | not already provided by the Department is in the best | ||||||
| 14 | interest of the youth, using the benefits for those | ||||||
| 15 | services; | ||||||
| 16 | (C) (H) if federal law requires certain back | ||||||
| 17 | payments of benefits to be placed in a dedicated | ||||||
| 18 | account, complying with the requirements for dedicated | ||||||
| 19 | accounts under 20 CFR 416.640(e); and | ||||||
| 20 | (D) (I) applying any other exclusions from federal | ||||||
| 21 | asset or resource limits available under federal law | ||||||
| 22 | and using or conserving the youth's benefits in a | ||||||
| 23 | manner that appropriately avoids any federal asset or | ||||||
| 24 | resource limits. | ||||||
| 25 | (e) By July 1, 2024, the Department shall provide a report | ||||||
| 26 | to the General Assembly regarding youth in care who receive | ||||||
| |||||||
| |||||||
| 1 | benefits who are not subject to this Act. The report shall | ||||||
| 2 | discuss a goal of expanding conservation of children's | ||||||
| 3 | benefits to all benefits of all children of any age for whom | ||||||
| 4 | the Department serves as representative payee. The report | ||||||
| 5 | shall include a description of any identified obstacles, steps | ||||||
| 6 | to be taken to address the obstacles, and a description of any | ||||||
| 7 | need for statutory, rule, or procedural changes. | ||||||
| 8 | (f) (1) Accounting. | ||||||
| 9 | (A) Beginning on the effective date of this amendatory | ||||||
| 10 | Act of the 103rd General Assembly through December 31, | ||||||
| 11 | 2024, upon request of the youth's attorney or guardian ad | ||||||
| 12 | litem, the The Department shall provide an annual | ||||||
| 13 | accounting to the youth's attorney and guardian ad litem | ||||||
| 14 | of how the youth's benefits have been used and conserved. | ||||||
| 15 | (B) Beginning January 1, 2025 and every year | ||||||
| 16 | thereafter, an annual accounting of how the youth's | ||||||
| 17 | benefits have been used and conserved shall be provided | ||||||
| 18 | automatically to the youth's attorney and guardian ad | ||||||
| 19 | litem. | ||||||
| 20 | (C) In addition, within 10 business days of a request | ||||||
| 21 | from a youth or the youth's attorney and guardian ad | ||||||
| 22 | litem, the Department shall provide an accounting to the | ||||||
| 23 | youth of how the youth's benefits have been used and | ||||||
| 24 | conserved. | ||||||
| 25 | (2) The accounting shall include: | ||||||
| 26 | (A) (1) The amount of benefits received on the | ||||||
| |||||||
| |||||||
| 1 | youth's behalf since the most recent accounting and | ||||||
| 2 | the date the benefits were received. | ||||||
| 3 | (B) (2) Information regarding the youth's benefits | ||||||
| 4 | and resources, including the youth's benefits, | ||||||
| 5 | insurance, cash assets, trust accounts, earnings, and | ||||||
| 6 | other resources. | ||||||
| 7 | (C) (3) An accounting of the disbursement of | ||||||
| 8 | benefit funds, including the date, amount, | ||||||
| 9 | identification of payee, and purpose. | ||||||
| 10 | (D) (4) Information regarding each request by the | ||||||
| 11 | youth, the youth's attorney and guardian ad litem, or | ||||||
| 12 | the youth's caregiver for disbursement of funds and a | ||||||
| 13 | statement regarding the reason for not granting the | ||||||
| 14 | request if the request was denied. | ||||||
| 15 | When the Department's guardianship of the youth is being | ||||||
| 16 | terminated, prior to or upon the termination of guardianship, | ||||||
| 17 | the Department shall provide (i) a final accounting to the | ||||||
| 18 | Social Security Administration, to the youth's attorney and | ||||||
| 19 | guardian ad litem, and to either the person or persons who will | ||||||
| 20 | assume guardianship of the youth or who is in the process of | ||||||
| 21 | adopting the youth, if the youth is under 18, or to the youth, | ||||||
| 22 | if the youth is over 18 and (ii) information to the parent, | ||||||
| 23 | guardian, or youth regarding how to apply to become the | ||||||
| 24 | designated representative for the youth's ABLE account payee. | ||||||
| 25 | The Department shall adopt rules to ensure that the | ||||||
| 26 | representative payee transitions occur in a timely and | ||||||
| |||||||
| |||||||
| 1 | appropriate manner. | ||||||
| 2 | (g) Education Financial literacy. The Department shall | ||||||
| 3 | provide the youth who have funds conserved under paragraphs | ||||||
| 4 | (1) and (2) of subsection (d) with education with financial | ||||||
| 5 | literacy training and support, including specific information | ||||||
| 6 | regarding the existence, availability, and use of funds | ||||||
| 7 | conserved for the youth in accordance with paragraphs (1) and | ||||||
| 8 | (2) of subsection (d) this subsection, beginning by age 14 in a | ||||||
| 9 | developmentally appropriate manner. The education literacy | ||||||
| 10 | program and support services shall be developed in | ||||||
| 11 | consultation with input from the Department's Statewide Youth | ||||||
| 12 | Advisory Board. Education and informational materials related | ||||||
| 13 | to ABLE accounts shall be developed in consultation with and | ||||||
| 14 | approved by the State Treasurer. | ||||||
| 15 | (h) Adoption of rules. The Department shall adopt rules to | ||||||
| 16 | implement the provisions of this Section by January 1, 2024 | ||||||
| 17 | 2023. | ||||||
| 18 | (i) Reporting. No later than February 28, 2023, the | ||||||
| 19 | Department shall file a report with the General Assembly | ||||||
| 20 | providing the following information for State Fiscal Years | ||||||
| 21 | 2019, 2020, 2021, and 2022 and annually beginning February 28, | ||||||
| 22 | 2023, for the preceding fiscal year: | ||||||
| 23 | (1) The number of youth entering care. | ||||||
| 24 | (2) The number of youth entering care receiving each | ||||||
| 25 | of the following types of benefits: Social Security | ||||||
| 26 | benefits, Supplemental Security Income, Veterans benefits, | ||||||
| |||||||
| |||||||
| 1 | Railroad Retirement benefits. | ||||||
| 2 | (3) The number of youth entering care for whom the | ||||||
| 3 | Department filed an application for each of the following | ||||||
| 4 | types of benefits: Social Security benefits, Supplemental | ||||||
| 5 | Security Income, Veterans benefits, Railroad Retirement | ||||||
| 6 | benefits. | ||||||
| 7 | (4) The number of youth entering care who were awarded | ||||||
| 8 | each of the following types of benefits based on an | ||||||
| 9 | application filed by the Department: Social Security | ||||||
| 10 | benefits, Supplemental Security Income, Veterans benefits, | ||||||
| 11 | Railroad Retirement benefits. | ||||||
| 12 | (j) Annually beginning December 31, 2023, the Department | ||||||
| 13 | shall file a report with the General Assembly with the | ||||||
| 14 | following information regarding the preceding fiscal year: | ||||||
| 15 | (1) the number of conserved accounts established and | ||||||
| 16 | maintained for youth in care; | ||||||
| 17 | (2) the average amount conserved by age group; and | ||||||
| 18 | (3) the total amount conserved by age group. | ||||||
| 19 | (Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.)
| ||||||
| 20 | Section 15. The Illinois State Police Law of the Civil | ||||||
| 21 | Administrative Code of Illinois is amended by changing Section | ||||||
| 22 | 2605-10 as follows:
| ||||||
| 23 | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part) | ||||||
| 24 | (Text of Section before amendment by P.A. 103-34) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2605-10. Powers and duties, generally. | ||||||
| 2 | (a) The Illinois State Police shall exercise the rights, | ||||||
| 3 | powers, and duties that have been vested in the Illinois State | ||||||
| 4 | Police by the following: | ||||||
| 5 | The Illinois State Police Act. | ||||||
| 6 | The Illinois State Police Radio Act. | ||||||
| 7 | The Criminal Identification Act. | ||||||
| 8 | The Illinois Vehicle Code. | ||||||
| 9 | The Firearm Owners Identification Card Act. | ||||||
| 10 | The Firearm Concealed Carry Act. | ||||||
| 11 | The Gun Dealer Licensing Act. | ||||||
| 12 | The Intergovernmental Missing Child Recovery Act of | ||||||
| 13 | 1984. | ||||||
| 14 | The Intergovernmental Drug Laws Enforcement Act. | ||||||
| 15 | The Narcotic Control Division Abolition Act. | ||||||
| 16 | (b) The Illinois State Police shall have the powers and | ||||||
| 17 | duties set forth in the following Sections. | ||||||
| 18 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
| 19 | (Text of Section after amendment by P.A. 103-34) | ||||||
| 20 | Sec. 2605-10. Powers and duties, generally. | ||||||
| 21 | (a) The Illinois State Police shall exercise the rights, | ||||||
| 22 | powers, and duties that have been vested in the Illinois State | ||||||
| 23 | Police by the following: | ||||||
| 24 | The Illinois State Police Act. | ||||||
| 25 | The Illinois State Police Radio Act. | ||||||
| |||||||
| |||||||
| 1 | The Criminal Identification Act. | ||||||
| 2 | The Illinois Vehicle Code. | ||||||
| 3 | The Firearm Owners Identification Card Act. | ||||||
| 4 | The Firearm Concealed Carry Act. | ||||||
| 5 | The Firearm Dealer License Certification Act. | ||||||
| 6 | The Intergovernmental Missing Child Recovery Act of | ||||||
| 7 | 1984. | ||||||
| 8 | The Intergovernmental Drug Laws Enforcement Act. | ||||||
| 9 | The Narcotic Control Division Abolition Act. | ||||||
| 10 | The Illinois Uniform Conviction Information Act. | ||||||
| 11 | The Murderer and Violent Offender Against Youth | ||||||
| 12 | Registration Act. | ||||||
| 13 | (b) The Illinois State Police shall have the powers and | ||||||
| 14 | duties set forth in the following Sections. | ||||||
| 15 | (c) The Illinois State Police shall exercise the rights, | ||||||
| 16 | powers, and duties vested in the Illinois State Police to | ||||||
| 17 | implement the following protective service functions for State | ||||||
| 18 | facilities, State officials, and State employees serving in | ||||||
| 19 | their official capacity: | ||||||
| 20 | (1) Utilize subject matter expertise and law | ||||||
| 21 | enforcement authority to strengthen the protection of | ||||||
| 22 | State government facilities, State employees, State | ||||||
| 23 | officials, and State critical infrastructure. | ||||||
| 24 | (2) Coordinate State, federal, and local law | ||||||
| 25 | enforcement activities involving the protection of State | ||||||
| 26 | facilities, officials, and employees. | ||||||
| |||||||
| |||||||
| 1 | (3) Conduct investigations of criminal threats to | ||||||
| 2 | State facilities, State critical infrastructure, State | ||||||
| 3 | officials, and State employees. | ||||||
| 4 | (4) Train State officials and employees in personal | ||||||
| 5 | protection, crime prevention, facility occupant emergency | ||||||
| 6 | planning, and incident management. | ||||||
| 7 | (5) Establish standard protocols for prevention and | ||||||
| 8 | response to criminal threats to State facilities, State | ||||||
| 9 | officials, State employees, and State critical | ||||||
| 10 | infrastructure, and standard protocols for reporting of | ||||||
| 11 | suspicious activities. | ||||||
| 12 | (6) Establish minimum operational standards, | ||||||
| 13 | qualifications, training, and compliance requirements for | ||||||
| 14 | State employees and contractors engaged in the protection | ||||||
| 15 | of State facilities and employees. | ||||||
| 16 | (7) At the request of departments or agencies of State | ||||||
| 17 | government, conduct security assessments, including, but | ||||||
| 18 | not limited to, examination of alarm systems, cameras | ||||||
| 19 | systems, access points, personnel readiness, and emergency | ||||||
| 20 | protocols based on risk and need. | ||||||
| 21 | (8) Oversee the planning and implementation of | ||||||
| 22 | security and law enforcement activities necessary for the | ||||||
| 23 | protection of major, multi-jurisdictional events | ||||||
| 24 | implicating potential criminal threats to State officials, | ||||||
| 25 | State employees, or State-owned, State-leased, or | ||||||
| 26 | State-operated critical infrastructure or facilities. | ||||||
| |||||||
| |||||||
| 1 | (9) Oversee and direct the planning and implementation | ||||||
| 2 | of security and law enforcement activities by the | ||||||
| 3 | departments and agencies of the State necessary for the | ||||||
| 4 | protection of State employees, State officials, and | ||||||
| 5 | State-owned, State-leased, or State-operated critical | ||||||
| 6 | infrastructure or facilities from criminal activity. | ||||||
| 7 | (10) Advise the Governor and Homeland Security Advisor | ||||||
| 8 | on any matters necessary for the effective protection of | ||||||
| 9 | State facilities, critical infrastructure, officials, and | ||||||
| 10 | employees from criminal threats. | ||||||
| 11 | (11) Utilize intergovernmental agreements and | ||||||
| 12 | administrative rules as needed for the effective, | ||||||
| 13 | efficient implementation of law enforcement and support | ||||||
| 14 | activities necessary for the protection of State | ||||||
| 15 | facilities, State infrastructure, State employees, and, | ||||||
| 16 | upon the express written consent of State constitutional | ||||||
| 17 | officials, State constitutional officials, and State | ||||||
| 18 | employees. | ||||||
| 19 | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; | ||||||
| 20 | revised 9-25-23.)
| ||||||
| 21 | Section 20. The Alternative Protein Innovation Task Force | ||||||
| 22 | Act is amended by changing Sections 15 and 20 as follows:
| ||||||
| 23 | (20 ILCS 4128/15) | ||||||
| 24 | Sec. 15. Membership; appointments; meeting. | ||||||
| |||||||
| |||||||
| 1 | (a) The Alternative Protein Innovation Task Force shall | ||||||
| 2 | consist of the following members: | ||||||
| 3 | (1) one member of the Senate, who shall be appointed | ||||||
| 4 | by the President of the Senate and shall serve as co-chair | ||||||
| 5 | of the Task Force; | ||||||
| 6 | (2) one member of the Senate, who shall be appointed | ||||||
| 7 | by the Minority Leader of the Senate; | ||||||
| 8 | (3) one member of the House of Representatives, who | ||||||
| 9 | shall be appointed by the Speaker of the House of | ||||||
| 10 | Representatives and shall serve as co-chair of the Task | ||||||
| 11 | Force; | ||||||
| 12 | (4) one member of the House of Representatives, who | ||||||
| 13 | shall be appointed by the Minority Leader of the House of | ||||||
| 14 | Representatives; | ||||||
| 15 | (5) the Director Secretary of Commerce and Economic | ||||||
| 16 | Opportunity or the Director's Secretary's designee; | ||||||
| 17 | (6) the Director of Agriculture or the Director's | ||||||
| 18 | designee; | ||||||
| 19 | (7) 5 members who are appointed by the Director of | ||||||
| 20 | Agriculture. Of the members appointed by the Director of | ||||||
| 21 | Agriculture, 3 members shall be commercial producers of | ||||||
| 22 | agricultural commodities, of which one member shall be | ||||||
| 23 | from the largest statewide agricultural association; and 2 | ||||||
| 24 | members shall be representatives from the University of | ||||||
| 25 | Illinois College of Agricultural, Consumer and | ||||||
| 26 | Environmental Sciences engaged in nutritional research; | ||||||
| |||||||
| |||||||
| 1 | and | ||||||
| 2 | (8) 6 members who are appointed by the Governor. Of | ||||||
| 3 | the members appointed by the Governor, 2 members shall be | ||||||
| 4 | engaged in academic or scientific research on alternative | ||||||
| 5 | protein development at a State college or university; one | ||||||
| 6 | member shall be a representative of a nonprofit | ||||||
| 7 | organization dedicated to the development and | ||||||
| 8 | accessibility of alternative proteins; one member shall be | ||||||
| 9 | a representative of the State's agricultural biotechnology | ||||||
| 10 | industry; one member shall be the president of the | ||||||
| 11 | Illinois Biotechnology Industry Organization or the | ||||||
| 12 | organization's designee; and one member shall be a | ||||||
| 13 | representative from a multinational food processing and | ||||||
| 14 | manufacturing corporation headquartered in this State. | ||||||
| 15 | (b) Members of the Task Force shall not receive | ||||||
| 16 | compensation for their services to the Task Force. | ||||||
| 17 | (c) All appointments shall be made not later than 30 days | ||||||
| 18 | after the effective date of this Act. | ||||||
| 19 | (d) The co-chairs of the Task Force shall schedule no | ||||||
| 20 | fewer than 4 meetings of the Task Force, including not less | ||||||
| 21 | than one public hearing. The co-chairs shall convene the first | ||||||
| 22 | meeting of the Task Force within 60 days after the effective | ||||||
| 23 | date of this Act. | ||||||
| 24 | (e) The Department of Agriculture shall provide | ||||||
| 25 | administrative and other support to the Task Force. | ||||||
| 26 | (Source: P.A. 103-543, eff. 8-11-23; revised 10-19-23.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 4128/20) | ||||||
| 2 | Sec. 20. Report; dissolution of Task Force; repeal of Act. | ||||||
| 3 | (a)The Task Force shall submit a report of its findings | ||||||
| 4 | and recommendations to the General Assembly no later than June | ||||||
| 5 | 30, 2024 December 31, 2023. | ||||||
| 6 | (b) The Task Force shall be dissolved on December 31, | ||||||
| 7 | 2024. | ||||||
| 8 | (c) This Act is repealed on January 1, 2025. | ||||||
| 9 | (Source: P.A. 103-543, eff. 8-11-23.)
| ||||||
| 10 | Section 25. The Illinois Procurement Code is amended by | ||||||
| 11 | changing Section 20-10 as follows:
| ||||||
| 12 | (30 ILCS 500/20-10) | ||||||
| 13 | (Text of Section before amendment by P.A. 103-558) | ||||||
| 14 | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | ||||||
| 15 | 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29) | ||||||
| 16 | Sec. 20-10. Competitive sealed bidding; reverse auction. | ||||||
| 17 | (a) Conditions for use. All contracts shall be awarded by | ||||||
| 18 | competitive sealed bidding except as otherwise provided in | ||||||
| 19 | Section 20-5. | ||||||
| 20 | (b) Invitation for bids. An invitation for bids shall be | ||||||
| 21 | issued and shall include a purchase description and the | ||||||
| 22 | material contractual terms and conditions applicable to the | ||||||
| 23 | procurement. | ||||||
| |||||||
| |||||||
| 1 | (c) Public notice. Public notice of the invitation for | ||||||
| 2 | bids shall be published in the Illinois Procurement Bulletin | ||||||
| 3 | at least 14 calendar days before the date set in the invitation | ||||||
| 4 | for the opening of bids. | ||||||
| 5 | (d) Bid opening. Bids shall be opened publicly or through | ||||||
| 6 | an electronic procurement system in the presence of one or | ||||||
| 7 | more witnesses at the time and place designated in the | ||||||
| 8 | invitation for bids. The name of each bidder, including earned | ||||||
| 9 | and applied bid credit from the Illinois Works Jobs Program | ||||||
| 10 | Act, the amount of each bid, and other relevant information as | ||||||
| 11 | may be specified by rule shall be recorded. After the award of | ||||||
| 12 | the contract, the winning bid and the record of each | ||||||
| 13 | unsuccessful bid shall be open to public inspection. | ||||||
| 14 | (e) Bid acceptance and bid evaluation. Bids shall be | ||||||
| 15 | unconditionally accepted without alteration or correction, | ||||||
| 16 | except as authorized in this Code. Bids shall be evaluated | ||||||
| 17 | based on the requirements set forth in the invitation for | ||||||
| 18 | bids, which may include criteria to determine acceptability | ||||||
| 19 | such as inspection, testing, quality, workmanship, delivery, | ||||||
| 20 | and suitability for a particular purpose. Those criteria that | ||||||
| 21 | will affect the bid price and be considered in evaluation for | ||||||
| 22 | award, such as discounts, transportation costs, and total or | ||||||
| 23 | life cycle costs, shall be objectively measurable. The | ||||||
| 24 | invitation for bids shall set forth the evaluation criteria to | ||||||
| 25 | be used. | ||||||
| 26 | (f) Correction or withdrawal of bids. Correction or | ||||||
| |||||||
| |||||||
| 1 | withdrawal of inadvertently erroneous bids before or after | ||||||
| 2 | award, or cancellation of awards of contracts based on bid | ||||||
| 3 | mistakes, shall be permitted in accordance with rules. After | ||||||
| 4 | bid opening, no changes in bid prices or other provisions of | ||||||
| 5 | bids prejudicial to the interest of the State or fair | ||||||
| 6 | competition shall be permitted. All decisions to permit the | ||||||
| 7 | correction or withdrawal of bids based on bid mistakes shall | ||||||
| 8 | be supported by written determination made by a State | ||||||
| 9 | purchasing officer. | ||||||
| 10 | (g) Award. The contract shall be awarded with reasonable | ||||||
| 11 | promptness by written notice to the lowest responsible and | ||||||
| 12 | responsive bidder whose bid meets the requirements and | ||||||
| 13 | criteria set forth in the invitation for bids, except when a | ||||||
| 14 | State purchasing officer determines it is not in the best | ||||||
| 15 | interest of the State and by written explanation determines | ||||||
| 16 | another bidder shall receive the award. The explanation shall | ||||||
| 17 | appear in the appropriate volume of the Illinois Procurement | ||||||
| 18 | Bulletin. The written explanation must include: | ||||||
| 19 | (1) a description of the agency's needs; | ||||||
| 20 | (2) a determination that the anticipated cost will be | ||||||
| 21 | fair and reasonable; | ||||||
| 22 | (3) a listing of all responsible and responsive | ||||||
| 23 | bidders; and | ||||||
| 24 | (4) the name of the bidder selected, the total | ||||||
| 25 | contract price, and the reasons for selecting that bidder. | ||||||
| 26 | Each chief procurement officer may adopt guidelines to | ||||||
| |||||||
| |||||||
| 1 | implement the requirements of this subsection (g). | ||||||
| 2 | The written explanation shall be filed with the | ||||||
| 3 | Legislative Audit Commission, and the Commission on Equity and | ||||||
| 4 | Inclusion, and the Procurement Policy Board, and be made | ||||||
| 5 | available for inspection by the public, within 14 calendar | ||||||
| 6 | days after the agency's decision to award the contract. | ||||||
| 7 | (h) Multi-step sealed bidding. When it is considered | ||||||
| 8 | impracticable to initially prepare a purchase description to | ||||||
| 9 | support an award based on price, an invitation for bids may be | ||||||
| 10 | issued requesting the submission of unpriced offers to be | ||||||
| 11 | followed by an invitation for bids limited to those bidders | ||||||
| 12 | whose offers have been qualified under the criteria set forth | ||||||
| 13 | in the first solicitation. | ||||||
| 14 | (i) Alternative procedures. Notwithstanding any other | ||||||
| 15 | provision of this Act to the contrary, the Director of the | ||||||
| 16 | Illinois Power Agency may create alternative bidding | ||||||
| 17 | procedures to be used in procuring professional services under | ||||||
| 18 | Section 1-56, subsections (a) and (c) of Section 1-75 and | ||||||
| 19 | subsection (d) of Section 1-78 of the Illinois Power Agency | ||||||
| 20 | Act and Section 16-111.5(c) of the Public Utilities Act and to | ||||||
| 21 | procure renewable energy resources under Section 1-56 of the | ||||||
| 22 | Illinois Power Agency Act. These alternative procedures shall | ||||||
| 23 | be set forth together with the other criteria contained in the | ||||||
| 24 | invitation for bids, and shall appear in the appropriate | ||||||
| 25 | volume of the Illinois Procurement Bulletin. | ||||||
| 26 | (j) Reverse auction. Notwithstanding any other provision | ||||||
| |||||||
| |||||||
| 1 | of this Section and in accordance with rules adopted by the | ||||||
| 2 | chief procurement officer, that chief procurement officer may | ||||||
| 3 | procure supplies or services through a competitive electronic | ||||||
| 4 | auction bidding process after the chief procurement officer | ||||||
| 5 | determines that the use of such a process will be in the best | ||||||
| 6 | interest of the State. The chief procurement officer shall | ||||||
| 7 | publish that determination in his or her next volume of the | ||||||
| 8 | Illinois Procurement Bulletin. | ||||||
| 9 | An invitation for bids shall be issued and shall include | ||||||
| 10 | (i) a procurement description, (ii) all contractual terms, | ||||||
| 11 | whenever practical, and (iii) conditions applicable to the | ||||||
| 12 | procurement, including a notice that bids will be received in | ||||||
| 13 | an electronic auction manner. | ||||||
| 14 | Public notice of the invitation for bids shall be given in | ||||||
| 15 | the same manner as provided in subsection (c). | ||||||
| 16 | Bids shall be accepted electronically at the time and in | ||||||
| 17 | the manner designated in the invitation for bids. During the | ||||||
| 18 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
| 19 | Bidders shall have the opportunity to reduce their bid prices | ||||||
| 20 | during the auction. At the conclusion of the auction, the | ||||||
| 21 | record of the bid prices received and the name of each bidder | ||||||
| 22 | shall be open to public inspection. | ||||||
| 23 | After the auction period has terminated, withdrawal of | ||||||
| 24 | bids shall be permitted as provided in subsection (f). | ||||||
| 25 | The contract shall be awarded within 60 calendar days | ||||||
| 26 | after the auction by written notice to the lowest responsible | ||||||
| |||||||
| |||||||
| 1 | bidder, or all bids shall be rejected except as otherwise | ||||||
| 2 | provided in this Code. Extensions of the date for the award may | ||||||
| 3 | be made by mutual written consent of the State purchasing | ||||||
| 4 | officer and the lowest responsible bidder. | ||||||
| 5 | This subsection does not apply to (i) procurements of | ||||||
| 6 | professional and artistic services, (ii) telecommunications | ||||||
| 7 | services, communication services, and information services, | ||||||
| 8 | and (iii) contracts for construction projects, including | ||||||
| 9 | design professional services. | ||||||
| 10 | (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; | ||||||
| 11 | 102-29, eff. 6-25-21.)
| ||||||
| 12 | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | ||||||
| 13 | 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29) | ||||||
| 14 | Sec. 20-10. Competitive sealed bidding; reverse auction. | ||||||
| 15 | (a) Conditions for use. All contracts shall be awarded by | ||||||
| 16 | competitive sealed bidding except as otherwise provided in | ||||||
| 17 | Section 20-5. | ||||||
| 18 | (b) Invitation for bids. An invitation for bids shall be | ||||||
| 19 | issued and shall include a purchase description and the | ||||||
| 20 | material contractual terms and conditions applicable to the | ||||||
| 21 | procurement. | ||||||
| 22 | (c) Public notice. Public notice of the invitation for | ||||||
| 23 | bids shall be published in the Illinois Procurement Bulletin | ||||||
| 24 | at least 14 calendar days before the date set in the invitation | ||||||
| 25 | for the opening of bids. | ||||||
| |||||||
| |||||||
| 1 | (d) Bid opening. Bids shall be opened publicly or through | ||||||
| 2 | an electronic procurement system in the presence of one or | ||||||
| 3 | more witnesses at the time and place designated in the | ||||||
| 4 | invitation for bids. The name of each bidder, including earned | ||||||
| 5 | and applied bid credit from the Illinois Works Jobs Program | ||||||
| 6 | Act, the amount of each bid, and other relevant information as | ||||||
| 7 | may be specified by rule shall be recorded. After the award of | ||||||
| 8 | the contract, the winning bid and the record of each | ||||||
| 9 | unsuccessful bid shall be open to public inspection. | ||||||
| 10 | (e) Bid acceptance and bid evaluation. Bids shall be | ||||||
| 11 | unconditionally accepted without alteration or correction, | ||||||
| 12 | except as authorized in this Code. Bids shall be evaluated | ||||||
| 13 | based on the requirements set forth in the invitation for | ||||||
| 14 | bids, which may include criteria to determine acceptability | ||||||
| 15 | such as inspection, testing, quality, workmanship, delivery, | ||||||
| 16 | and suitability for a particular purpose. Those criteria that | ||||||
| 17 | will affect the bid price and be considered in evaluation for | ||||||
| 18 | award, such as discounts, transportation costs, and total or | ||||||
| 19 | life cycle costs, shall be objectively measurable. The | ||||||
| 20 | invitation for bids shall set forth the evaluation criteria to | ||||||
| 21 | be used. | ||||||
| 22 | (f) Correction or withdrawal of bids. Correction or | ||||||
| 23 | withdrawal of inadvertently erroneous bids before or after | ||||||
| 24 | award, or cancellation of awards of contracts based on bid | ||||||
| 25 | mistakes, shall be permitted in accordance with rules. After | ||||||
| 26 | bid opening, no changes in bid prices or other provisions of | ||||||
| |||||||
| |||||||
| 1 | bids prejudicial to the interest of the State or fair | ||||||
| 2 | competition shall be permitted. All decisions to permit the | ||||||
| 3 | correction or withdrawal of bids based on bid mistakes shall | ||||||
| 4 | be supported by written determination made by a State | ||||||
| 5 | purchasing officer. | ||||||
| 6 | (g) Award. The contract shall be awarded with reasonable | ||||||
| 7 | promptness by written notice to the lowest responsible and | ||||||
| 8 | responsive bidder whose bid meets the requirements and | ||||||
| 9 | criteria set forth in the invitation for bids, except when a | ||||||
| 10 | State purchasing officer determines it is not in the best | ||||||
| 11 | interest of the State and by written explanation determines | ||||||
| 12 | another bidder shall receive the award. The explanation shall | ||||||
| 13 | appear in the appropriate volume of the Illinois Procurement | ||||||
| 14 | Bulletin. The written explanation must include: | ||||||
| 15 | (1) a description of the agency's needs; | ||||||
| 16 | (2) a determination that the anticipated cost will be | ||||||
| 17 | fair and reasonable; | ||||||
| 18 | (3) a listing of all responsible and responsive | ||||||
| 19 | bidders; and | ||||||
| 20 | (4) the name of the bidder selected, the total | ||||||
| 21 | contract price, and the reasons for selecting that bidder. | ||||||
| 22 | Each chief procurement officer may adopt guidelines to | ||||||
| 23 | implement the requirements of this subsection (g). | ||||||
| 24 | The written explanation shall be filed with the | ||||||
| 25 | Legislative Audit Commission, and the Commission on Equity and | ||||||
| 26 | Inclusion, and the Procurement Policy Board, and be made | ||||||
| |||||||
| |||||||
| 1 | available for inspection by the public, within 14 days after | ||||||
| 2 | the agency's decision to award the contract. | ||||||
| 3 | (h) Multi-step sealed bidding. When it is considered | ||||||
| 4 | impracticable to initially prepare a purchase description to | ||||||
| 5 | support an award based on price, an invitation for bids may be | ||||||
| 6 | issued requesting the submission of unpriced offers to be | ||||||
| 7 | followed by an invitation for bids limited to those bidders | ||||||
| 8 | whose offers have been qualified under the criteria set forth | ||||||
| 9 | in the first solicitation. | ||||||
| 10 | (i) Alternative procedures. Notwithstanding any other | ||||||
| 11 | provision of this Act to the contrary, the Director of the | ||||||
| 12 | Illinois Power Agency may create alternative bidding | ||||||
| 13 | procedures to be used in procuring professional services under | ||||||
| 14 | subsections (a) and (c) of Section 1-75 and subsection (d) of | ||||||
| 15 | Section 1-78 of the Illinois Power Agency Act and Section | ||||||
| 16 | 16-111.5(c) of the Public Utilities Act and to procure | ||||||
| 17 | renewable energy resources under Section 1-56 of the Illinois | ||||||
| 18 | Power Agency Act. These alternative procedures shall be set | ||||||
| 19 | forth together with the other criteria contained in the | ||||||
| 20 | invitation for bids, and shall appear in the appropriate | ||||||
| 21 | volume of the Illinois Procurement Bulletin. | ||||||
| 22 | (j) Reverse auction. Notwithstanding any other provision | ||||||
| 23 | of this Section and in accordance with rules adopted by the | ||||||
| 24 | chief procurement officer, that chief procurement officer may | ||||||
| 25 | procure supplies or services through a competitive electronic | ||||||
| 26 | auction bidding process after the chief procurement officer | ||||||
| |||||||
| |||||||
| 1 | determines that the use of such a process will be in the best | ||||||
| 2 | interest of the State. The chief procurement officer shall | ||||||
| 3 | publish that determination in his or her next volume of the | ||||||
| 4 | Illinois Procurement Bulletin. | ||||||
| 5 | An invitation for bids shall be issued and shall include | ||||||
| 6 | (i) a procurement description, (ii) all contractual terms, | ||||||
| 7 | whenever practical, and (iii) conditions applicable to the | ||||||
| 8 | procurement, including a notice that bids will be received in | ||||||
| 9 | an electronic auction manner. | ||||||
| 10 | Public notice of the invitation for bids shall be given in | ||||||
| 11 | the same manner as provided in subsection (c). | ||||||
| 12 | Bids shall be accepted electronically at the time and in | ||||||
| 13 | the manner designated in the invitation for bids. During the | ||||||
| 14 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
| 15 | Bidders shall have the opportunity to reduce their bid prices | ||||||
| 16 | during the auction. At the conclusion of the auction, the | ||||||
| 17 | record of the bid prices received and the name of each bidder | ||||||
| 18 | shall be open to public inspection. | ||||||
| 19 | After the auction period has terminated, withdrawal of | ||||||
| 20 | bids shall be permitted as provided in subsection (f). | ||||||
| 21 | The contract shall be awarded within 60 calendar days | ||||||
| 22 | after the auction by written notice to the lowest responsible | ||||||
| 23 | bidder, or all bids shall be rejected except as otherwise | ||||||
| 24 | provided in this Code. Extensions of the date for the award may | ||||||
| 25 | be made by mutual written consent of the State purchasing | ||||||
| 26 | officer and the lowest responsible bidder. | ||||||
| |||||||
| |||||||
| 1 | This subsection does not apply to (i) procurements of | ||||||
| 2 | professional and artistic services, (ii) telecommunications | ||||||
| 3 | services, communication services, and information services, | ||||||
| 4 | and (iii) contracts for construction projects, including | ||||||
| 5 | design professional services. | ||||||
| 6 | (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; | ||||||
| 7 | 102-29, eff. 6-25-21.)
| ||||||
| 8 | (Text of Section after amendment by P.A. 103-558) | ||||||
| 9 | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | ||||||
| 10 | 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558) | ||||||
| 11 | Sec. 20-10. Competitive sealed bidding; reverse auction. | ||||||
| 12 | (a) Conditions for use. All contracts shall be awarded by | ||||||
| 13 | competitive sealed bidding except as otherwise provided in | ||||||
| 14 | Section 20-5. | ||||||
| 15 | (b) Invitation for bids. An invitation for bids shall be | ||||||
| 16 | issued and shall include a purchase description and the | ||||||
| 17 | material contractual terms and conditions applicable to the | ||||||
| 18 | procurement. | ||||||
| 19 | (c) Public notice. Public notice of the invitation for | ||||||
| 20 | bids shall be published in the Illinois Procurement Bulletin | ||||||
| 21 | at least 14 calendar days before the date set in the invitation | ||||||
| 22 | for the opening of bids. | ||||||
| 23 | (d) Bid opening. Bids shall be opened publicly or through | ||||||
| 24 | an electronic procurement system in the presence of one or | ||||||
| 25 | more witnesses at the time and place designated in the | ||||||
| |||||||
| |||||||
| 1 | invitation for bids. The name of each bidder, including earned | ||||||
| 2 | and applied bid credit from the Illinois Works Jobs Program | ||||||
| 3 | Act, the amount of each bid, and other relevant information as | ||||||
| 4 | may be specified by rule shall be recorded. After the award of | ||||||
| 5 | the contract, the winning bid and the record of each | ||||||
| 6 | unsuccessful bid shall be open to public inspection. | ||||||
| 7 | (e) Bid acceptance and bid evaluation. Bids shall be | ||||||
| 8 | unconditionally accepted without alteration or correction, | ||||||
| 9 | except as authorized in this Code. Bids shall be evaluated | ||||||
| 10 | based on the requirements set forth in the invitation for | ||||||
| 11 | bids, which may include criteria to determine acceptability | ||||||
| 12 | such as inspection, testing, quality, workmanship, delivery, | ||||||
| 13 | and suitability for a particular purpose. Those criteria that | ||||||
| 14 | will affect the bid price and be considered in evaluation for | ||||||
| 15 | award, such as discounts, transportation costs, and total or | ||||||
| 16 | life cycle costs, shall be objectively measurable. The | ||||||
| 17 | invitation for bids shall set forth the evaluation criteria to | ||||||
| 18 | be used. | ||||||
| 19 | (f) Correction or withdrawal of bids. Correction or | ||||||
| 20 | withdrawal of inadvertently erroneous bids before or after | ||||||
| 21 | award, or cancellation of awards of contracts based on bid | ||||||
| 22 | mistakes, shall be permitted in accordance with rules. After | ||||||
| 23 | bid opening, no changes in bid prices or other provisions of | ||||||
| 24 | bids prejudicial to the interest of the State or fair | ||||||
| 25 | competition shall be permitted. All decisions to permit the | ||||||
| 26 | correction or withdrawal of bids based on bid mistakes shall | ||||||
| |||||||
| |||||||
| 1 | be supported by written determination made by a State | ||||||
| 2 | purchasing officer. | ||||||
| 3 | (g) Award. The contract shall be awarded with reasonable | ||||||
| 4 | promptness by written notice to the lowest responsible and | ||||||
| 5 | responsive bidder whose bid meets the requirements and | ||||||
| 6 | criteria set forth in the invitation for bids, except when a | ||||||
| 7 | State purchasing officer determines it is not in the best | ||||||
| 8 | interest of the State and by written explanation determines | ||||||
| 9 | another bidder shall receive the award. The explanation shall | ||||||
| 10 | appear in the appropriate volume of the Illinois Procurement | ||||||
| 11 | Bulletin. The written explanation must include: | ||||||
| 12 | (1) a description of the agency's needs; | ||||||
| 13 | (2) a determination that the anticipated cost will be | ||||||
| 14 | fair and reasonable; | ||||||
| 15 | (3) a listing of all responsible and responsive | ||||||
| 16 | bidders; and | ||||||
| 17 | (4) the name of the bidder selected, the total | ||||||
| 18 | contract price, and the reasons for selecting that bidder. | ||||||
| 19 | Each chief procurement officer may adopt guidelines to | ||||||
| 20 | implement the requirements of this subsection (g). | ||||||
| 21 | The written explanation shall be filed with the | ||||||
| 22 | Legislative Audit Commission, and the Commission on Equity and | ||||||
| 23 | Inclusion, and the Procurement Policy Board, and be made | ||||||
| 24 | available for inspection by the public, within 14 calendar | ||||||
| 25 | days after the agency's decision to award the contract. | ||||||
| 26 | (g-5) Failed bid notice. In addition to the requirements | ||||||
| |||||||
| |||||||
| 1 | of subsection (g), if a bidder has failed to be awarded a | ||||||
| 2 | contract after 4 consecutive bids to provide the same services | ||||||
| 3 | to the Department of Transportation, the Capital Development | ||||||
| 4 | Board, or the Illinois State Toll Highway Authority, the | ||||||
| 5 | applicable agency shall, in writing, detail why each of the 4 | ||||||
| 6 | bids was not awarded to the bidder. The applicable agency | ||||||
| 7 | shall submit by certified copy to the bidder the reason or | ||||||
| 8 | reasons why each of the 4 bids was not awarded to the bidder. | ||||||
| 9 | The agency shall submit that certified copy to the bidder | ||||||
| 10 | within the same calendar quarter in which the fourth bid was | ||||||
| 11 | rejected. This subsection does not apply if information | ||||||
| 12 | pertaining to a failed bid was previously disclosed to a | ||||||
| 13 | bidder by electronic means. If any agency chooses to provide | ||||||
| 14 | information by electronic means, the agency shall have a | ||||||
| 15 | written policy outlining how the agency will reasonably ensure | ||||||
| 16 | the bidder receives the information. For the purposes of this | ||||||
| 17 | subsection, "electronic means" means an email communication | ||||||
| 18 | from the applicable agency to the bidder or a public posting on | ||||||
| 19 | the applicable agency's procurement bulletin. | ||||||
| 20 | (h) Multi-step sealed bidding. When it is considered | ||||||
| 21 | impracticable to initially prepare a purchase description to | ||||||
| 22 | support an award based on price, an invitation for bids may be | ||||||
| 23 | issued requesting the submission of unpriced offers to be | ||||||
| 24 | followed by an invitation for bids limited to those bidders | ||||||
| 25 | whose offers have been qualified under the criteria set forth | ||||||
| 26 | in the first solicitation. | ||||||
| |||||||
| |||||||
| 1 | (i) Alternative procedures. Notwithstanding any other | ||||||
| 2 | provision of this Act to the contrary, the Director of the | ||||||
| 3 | Illinois Power Agency may create alternative bidding | ||||||
| 4 | procedures to be used in procuring professional services under | ||||||
| 5 | Section 1-56, subsections (a) and (c) of Section 1-75 and | ||||||
| 6 | subsection (d) of Section 1-78 of the Illinois Power Agency | ||||||
| 7 | Act and Section 16-111.5(c) of the Public Utilities Act and to | ||||||
| 8 | procure renewable energy resources under Section 1-56 of the | ||||||
| 9 | Illinois Power Agency Act. These alternative procedures shall | ||||||
| 10 | be set forth together with the other criteria contained in the | ||||||
| 11 | invitation for bids, and shall appear in the appropriate | ||||||
| 12 | volume of the Illinois Procurement Bulletin. | ||||||
| 13 | (j) Reverse auction. Notwithstanding any other provision | ||||||
| 14 | of this Section and in accordance with rules adopted by the | ||||||
| 15 | chief procurement officer, that chief procurement officer may | ||||||
| 16 | procure supplies or services through a competitive electronic | ||||||
| 17 | auction bidding process after the chief procurement officer | ||||||
| 18 | determines that the use of such a process will be in the best | ||||||
| 19 | interest of the State. The chief procurement officer shall | ||||||
| 20 | publish that determination in his or her next volume of the | ||||||
| 21 | Illinois Procurement Bulletin. | ||||||
| 22 | An invitation for bids shall be issued and shall include | ||||||
| 23 | (i) a procurement description, (ii) all contractual terms, | ||||||
| 24 | whenever practical, and (iii) conditions applicable to the | ||||||
| 25 | procurement, including a notice that bids will be received in | ||||||
| 26 | an electronic auction manner. | ||||||
| |||||||
| |||||||
| 1 | Public notice of the invitation for bids shall be given in | ||||||
| 2 | the same manner as provided in subsection (c). | ||||||
| 3 | Bids shall be accepted electronically at the time and in | ||||||
| 4 | the manner designated in the invitation for bids. During the | ||||||
| 5 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
| 6 | Bidders shall have the opportunity to reduce their bid prices | ||||||
| 7 | during the auction. At the conclusion of the auction, the | ||||||
| 8 | record of the bid prices received and the name of each bidder | ||||||
| 9 | shall be open to public inspection. | ||||||
| 10 | After the auction period has terminated, withdrawal of | ||||||
| 11 | bids shall be permitted as provided in subsection (f). | ||||||
| 12 | The contract shall be awarded within 60 calendar days | ||||||
| 13 | after the auction by written notice to the lowest responsible | ||||||
| 14 | bidder, or all bids shall be rejected except as otherwise | ||||||
| 15 | provided in this Code. Extensions of the date for the award may | ||||||
| 16 | be made by mutual written consent of the State purchasing | ||||||
| 17 | officer and the lowest responsible bidder. | ||||||
| 18 | This subsection does not apply to (i) procurements of | ||||||
| 19 | professional and artistic services, (ii) telecommunications | ||||||
| 20 | services, communication services, and information services, | ||||||
| 21 | and (iii) contracts for construction projects, including | ||||||
| 22 | design professional services. | ||||||
| 23 | (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
| ||||||
| 24 | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | ||||||
| 25 | 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558) | ||||||
| |||||||
| |||||||
| 1 | Sec. 20-10. Competitive sealed bidding; reverse auction. | ||||||
| 2 | (a) Conditions for use. All contracts shall be awarded by | ||||||
| 3 | competitive sealed bidding except as otherwise provided in | ||||||
| 4 | Section 20-5. | ||||||
| 5 | (b) Invitation for bids. An invitation for bids shall be | ||||||
| 6 | issued and shall include a purchase description and the | ||||||
| 7 | material contractual terms and conditions applicable to the | ||||||
| 8 | procurement. | ||||||
| 9 | (c) Public notice. Public notice of the invitation for | ||||||
| 10 | bids shall be published in the Illinois Procurement Bulletin | ||||||
| 11 | at least 14 calendar days before the date set in the invitation | ||||||
| 12 | for the opening of bids. | ||||||
| 13 | (d) Bid opening. Bids shall be opened publicly or through | ||||||
| 14 | an electronic procurement system in the presence of one or | ||||||
| 15 | more witnesses at the time and place designated in the | ||||||
| 16 | invitation for bids. The name of each bidder, including earned | ||||||
| 17 | and applied bid credit from the Illinois Works Jobs Program | ||||||
| 18 | Act, the amount of each bid, and other relevant information as | ||||||
| 19 | may be specified by rule shall be recorded. After the award of | ||||||
| 20 | the contract, the winning bid and the record of each | ||||||
| 21 | unsuccessful bid shall be open to public inspection. | ||||||
| 22 | (e) Bid acceptance and bid evaluation. Bids shall be | ||||||
| 23 | unconditionally accepted without alteration or correction, | ||||||
| 24 | except as authorized in this Code. Bids shall be evaluated | ||||||
| 25 | based on the requirements set forth in the invitation for | ||||||
| 26 | bids, which may include criteria to determine acceptability | ||||||
| |||||||
| |||||||
| 1 | such as inspection, testing, quality, workmanship, delivery, | ||||||
| 2 | and suitability for a particular purpose. Those criteria that | ||||||
| 3 | will affect the bid price and be considered in evaluation for | ||||||
| 4 | award, such as discounts, transportation costs, and total or | ||||||
| 5 | life cycle costs, shall be objectively measurable. The | ||||||
| 6 | invitation for bids shall set forth the evaluation criteria to | ||||||
| 7 | be used. | ||||||
| 8 | (f) Correction or withdrawal of bids. Correction or | ||||||
| 9 | withdrawal of inadvertently erroneous bids before or after | ||||||
| 10 | award, or cancellation of awards of contracts based on bid | ||||||
| 11 | mistakes, shall be permitted in accordance with rules. After | ||||||
| 12 | bid opening, no changes in bid prices or other provisions of | ||||||
| 13 | bids prejudicial to the interest of the State or fair | ||||||
| 14 | competition shall be permitted. All decisions to permit the | ||||||
| 15 | correction or withdrawal of bids based on bid mistakes shall | ||||||
| 16 | be supported by written determination made by a State | ||||||
| 17 | purchasing officer. | ||||||
| 18 | (g) Award. The contract shall be awarded with reasonable | ||||||
| 19 | promptness by written notice to the lowest responsible and | ||||||
| 20 | responsive bidder whose bid meets the requirements and | ||||||
| 21 | criteria set forth in the invitation for bids, except when a | ||||||
| 22 | State purchasing officer determines it is not in the best | ||||||
| 23 | interest of the State and by written explanation determines | ||||||
| 24 | another bidder shall receive the award. The explanation shall | ||||||
| 25 | appear in the appropriate volume of the Illinois Procurement | ||||||
| 26 | Bulletin. The written explanation must include: | ||||||
| |||||||
| |||||||
| 1 | (1) a description of the agency's needs; | ||||||
| 2 | (2) a determination that the anticipated cost will be | ||||||
| 3 | fair and reasonable; | ||||||
| 4 | (3) a listing of all responsible and responsive | ||||||
| 5 | bidders; and | ||||||
| 6 | (4) the name of the bidder selected, the total | ||||||
| 7 | contract price, and the reasons for selecting that bidder. | ||||||
| 8 | Each chief procurement officer may adopt guidelines to | ||||||
| 9 | implement the requirements of this subsection (g). | ||||||
| 10 | The written explanation shall be filed with the | ||||||
| 11 | Legislative Audit Commission, and the Commission on Equity and | ||||||
| 12 | Inclusion, and the Procurement Policy Board, and be made | ||||||
| 13 | available for inspection by the public, within 14 days after | ||||||
| 14 | the agency's decision to award the contract. | ||||||
| 15 | (g-5) Failed bid notice. In addition to the requirements | ||||||
| 16 | of subsection (g), if a bidder has failed to be awarded a | ||||||
| 17 | contract after 4 consecutive bids to provide the same services | ||||||
| 18 | to the Department of Transportation, the Capital Development | ||||||
| 19 | Board, or the Illinois State Toll Highway Authority, the | ||||||
| 20 | applicable agency shall, in writing, detail why each of the 4 | ||||||
| 21 | bids was not awarded to the bidder. The applicable agency | ||||||
| 22 | shall submit by certified copy to the bidder the reason or | ||||||
| 23 | reasons why each of the 4 bids was not awarded to the bidder. | ||||||
| 24 | The agency shall submit that certified copy to the bidder | ||||||
| 25 | within the same calendar quarter in which the fourth bid was | ||||||
| 26 | rejected. This subsection does not apply if information | ||||||
| |||||||
| |||||||
| 1 | pertaining to a failed bid was previously disclosed to a | ||||||
| 2 | bidder by electronic means. If any agency chooses to provide | ||||||
| 3 | information by electronic means, the agency shall have a | ||||||
| 4 | written policy outlining how the agency will reasonably ensure | ||||||
| 5 | the bidder receives the information. For the purposes of this | ||||||
| 6 | subsection, "electronic means" means an email communication | ||||||
| 7 | from the applicable agency to the bidder or a public posting on | ||||||
| 8 | the applicable agency's procurement bulletin. | ||||||
| 9 | (h) Multi-step sealed bidding. When it is considered | ||||||
| 10 | impracticable to initially prepare a purchase description to | ||||||
| 11 | support an award based on price, an invitation for bids may be | ||||||
| 12 | issued requesting the submission of unpriced offers to be | ||||||
| 13 | followed by an invitation for bids limited to those bidders | ||||||
| 14 | whose offers have been qualified under the criteria set forth | ||||||
| 15 | in the first solicitation. | ||||||
| 16 | (i) Alternative procedures. Notwithstanding any other | ||||||
| 17 | provision of this Act to the contrary, the Director of the | ||||||
| 18 | Illinois Power Agency may create alternative bidding | ||||||
| 19 | procedures to be used in procuring professional services under | ||||||
| 20 | subsections (a) and (c) of Section 1-75 and subsection (d) of | ||||||
| 21 | Section 1-78 of the Illinois Power Agency Act and Section | ||||||
| 22 | 16-111.5(c) of the Public Utilities Act and to procure | ||||||
| 23 | renewable energy resources under Section 1-56 of the Illinois | ||||||
| 24 | Power Agency Act. These alternative procedures shall be set | ||||||
| 25 | forth together with the other criteria contained in the | ||||||
| 26 | invitation for bids, and shall appear in the appropriate | ||||||
| |||||||
| |||||||
| 1 | volume of the Illinois Procurement Bulletin. | ||||||
| 2 | (j) Reverse auction. Notwithstanding any other provision | ||||||
| 3 | of this Section and in accordance with rules adopted by the | ||||||
| 4 | chief procurement officer, that chief procurement officer may | ||||||
| 5 | procure supplies or services through a competitive electronic | ||||||
| 6 | auction bidding process after the chief procurement officer | ||||||
| 7 | determines that the use of such a process will be in the best | ||||||
| 8 | interest of the State. The chief procurement officer shall | ||||||
| 9 | publish that determination in his or her next volume of the | ||||||
| 10 | Illinois Procurement Bulletin. | ||||||
| 11 | An invitation for bids shall be issued and shall include | ||||||
| 12 | (i) a procurement description, (ii) all contractual terms, | ||||||
| 13 | whenever practical, and (iii) conditions applicable to the | ||||||
| 14 | procurement, including a notice that bids will be received in | ||||||
| 15 | an electronic auction manner. | ||||||
| 16 | Public notice of the invitation for bids shall be given in | ||||||
| 17 | the same manner as provided in subsection (c). | ||||||
| 18 | Bids shall be accepted electronically at the time and in | ||||||
| 19 | the manner designated in the invitation for bids. During the | ||||||
| 20 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
| 21 | Bidders shall have the opportunity to reduce their bid prices | ||||||
| 22 | during the auction. At the conclusion of the auction, the | ||||||
| 23 | record of the bid prices received and the name of each bidder | ||||||
| 24 | shall be open to public inspection. | ||||||
| 25 | After the auction period has terminated, withdrawal of | ||||||
| 26 | bids shall be permitted as provided in subsection (f). | ||||||
| |||||||
| |||||||
| 1 | The contract shall be awarded within 60 calendar days | ||||||
| 2 | after the auction by written notice to the lowest responsible | ||||||
| 3 | bidder, or all bids shall be rejected except as otherwise | ||||||
| 4 | provided in this Code. Extensions of the date for the award may | ||||||
| 5 | be made by mutual written consent of the State purchasing | ||||||
| 6 | officer and the lowest responsible bidder. | ||||||
| 7 | This subsection does not apply to (i) procurements of | ||||||
| 8 | professional and artistic services, (ii) telecommunications | ||||||
| 9 | services, communication services, and information services, | ||||||
| 10 | and (iii) contracts for construction projects, including | ||||||
| 11 | design professional services. | ||||||
| 12 | (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
| ||||||
| 13 | Section 30. The Emergency Telephone System Act is amended | ||||||
| 14 | by changing Sections 19, 30, and 35 as follows:
| ||||||
| 15 | (50 ILCS 750/19) | ||||||
| 16 | (Section scheduled to be repealed on December 31, 2025) | ||||||
| 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 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. | ||||||
| |||||||
| |||||||
| 1 | (3) Members appointed by the Governor as 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 | ||||||
| |||||||
| |||||||
| 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 and until their respective successors are | ||||||
| 26 | appointed. Non-voting members shall serve for a term of 3 | ||||||
| |||||||
| |||||||
| 1 | years. Vacancies shall be filled in the same manner as the | ||||||
| 2 | original appointment. Persons appointed to fill a vacancy | ||||||
| 3 | shall serve for the balance of the unexpired term. | ||||||
| 4 | Members of the Statewide 9-1-1 Advisory Board shall serve | ||||||
| 5 | without compensation. | ||||||
| 6 | (c) The 9-1-1 Services Advisory Board, as constituted on | ||||||
| 7 | June 1, 2015 without the legislative members, shall serve in | ||||||
| 8 | the role of the Statewide 9-1-1 Advisory Board until all | ||||||
| 9 | appointments of voting members have been made by the Governor | ||||||
| 10 | under subsection (a) of this Section. | ||||||
| 11 | (d) The Statewide 9-1-1 Advisory Board shall: | ||||||
| 12 | (1) advise the Illinois State Police and the Statewide | ||||||
| 13 | 9-1-1 Administrator on the oversight of 9-1-1 systems and | ||||||
| 14 | the development and implementation of a uniform statewide | ||||||
| 15 | 9-1-1 system; | ||||||
| 16 | (2) make recommendations to the Governor and the | ||||||
| 17 | General Assembly regarding improvements to 9-1-1 services | ||||||
| 18 | throughout the State; and | ||||||
| 19 | (3) exercise all other powers and duties provided in | ||||||
| 20 | this Act. | ||||||
| 21 | (e) The Statewide 9-1-1 Advisory Board shall submit to the | ||||||
| 22 | General Assembly a report by March 1 of each year providing an | ||||||
| 23 | update on the transition to a statewide 9-1-1 system and | ||||||
| 24 | recommending any legislative action. | ||||||
| 25 | (f) The Illinois State Police shall provide administrative | ||||||
| 26 | support to the Statewide 9-1-1 Advisory Board. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
| 2 | 102-813, eff. 5-13-22.)
| ||||||
| 3 | (50 ILCS 750/30) | ||||||
| 4 | (Text of Section before amendment by P.A. 103-366) | ||||||
| 5 | (Section scheduled to be repealed on December 31, 2025) | ||||||
| 6 | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | ||||||
| 7 | (a) A special fund in the State treasury known as the | ||||||
| 8 | Wireless Service Emergency Fund shall be renamed the Statewide | ||||||
| 9 | 9-1-1 Fund. Any appropriations made from the Wireless Service | ||||||
| 10 | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | ||||||
| 11 | The Fund shall consist of the following: | ||||||
| 12 | (1) 9-1-1 wireless surcharges assessed under the | ||||||
| 13 | Wireless Emergency Telephone Safety Act. | ||||||
| 14 | (2) 9-1-1 surcharges assessed under Section 20 of this | ||||||
| 15 | Act. | ||||||
| 16 | (3) Prepaid wireless 9-1-1 surcharges assessed under | ||||||
| 17 | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
| 18 | (4) Any appropriations, grants, or gifts made to the | ||||||
| 19 | Fund. | ||||||
| 20 | (5) Any income from interest, premiums, gains, or | ||||||
| 21 | other earnings on moneys in the Fund. | ||||||
| 22 | (6) Money from any other source that is deposited in | ||||||
| 23 | or transferred to the Fund. | ||||||
| 24 | (b) Subject to appropriation and availability of funds, | ||||||
| 25 | the Illinois State Police shall distribute the 9-1-1 | ||||||
| |||||||
| |||||||
| 1 | surcharges monthly as follows: | ||||||
| 2 | (1) From each surcharge collected and remitted under | ||||||
| 3 | Section 20 of this Act: | ||||||
| 4 | (A) $0.013 shall be distributed monthly in equal | ||||||
| 5 | amounts to each County Emergency Telephone System | ||||||
| 6 | Board in counties with a population under 100,000 | ||||||
| 7 | according to the most recent census data which is | ||||||
| 8 | authorized to serve as a primary wireless 9-1-1 public | ||||||
| 9 | safety answering point for the county and to provide | ||||||
| 10 | wireless 9-1-1 service as prescribed by subsection (b) | ||||||
| 11 | of Section 15.6a of this Act, and which does provide | ||||||
| 12 | such service. | ||||||
| 13 | (B) $0.033 shall be transferred by the Comptroller | ||||||
| 14 | at the direction of the Illinois State Police to the | ||||||
| 15 | Wireless Carrier Reimbursement Fund until June 30, | ||||||
| 16 | 2017; from July 1, 2017 through June 30, 2018, $0.026 | ||||||
| 17 | shall be transferred; from July 1, 2018 through June | ||||||
| 18 | 30, 2019, $0.020 shall be transferred; from July 1, | ||||||
| 19 | 2019, through June 30, 2020, $0.013 shall be | ||||||
| 20 | transferred; from July 1, 2020 through June 30, 2021, | ||||||
| 21 | $0.007 will be transferred; and after June 30, 2021, | ||||||
| 22 | no transfer shall be made to the Wireless Carrier | ||||||
| 23 | Reimbursement Fund. | ||||||
| 24 | (C) Until December 31, 2017, $0.007 and on and | ||||||
| 25 | after January 1, 2018, $0.017 shall be used to cover | ||||||
| 26 | the Illinois State Police's administrative costs. | ||||||
| |||||||
| |||||||
| 1 | (D) Beginning January 1, 2018, until June 30, | ||||||
| 2 | 2020, $0.12, and on and after July 1, 2020, $0.04 shall | ||||||
| 3 | be used to make monthly proportional grants to the | ||||||
| 4 | appropriate 9-1-1 Authority currently taking wireless | ||||||
| 5 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
| 6 | the billing addresses of subscribers wireless | ||||||
| 7 | carriers. | ||||||
| 8 | (E) Until June 30, 2025 2023, $0.05 shall be used | ||||||
| 9 | by the Illinois State Police for grants for NG9-1-1 | ||||||
| 10 | expenses, with priority given to 9-1-1 Authorities | ||||||
| 11 | that provide 9-1-1 service within the territory of a | ||||||
| 12 | Large Electing Provider as defined in Section 13-406.1 | ||||||
| 13 | of the Public Utilities Act. | ||||||
| 14 | (F) On and after July 1, 2020, $0.13 shall be used | ||||||
| 15 | for the implementation of and continuing expenses for | ||||||
| 16 | the Statewide NG9-1-1 system. | ||||||
| 17 | (2) After disbursements under paragraph (1) of this | ||||||
| 18 | subsection (b), all remaining funds in the Statewide 9-1-1 | ||||||
| 19 | Fund shall be disbursed in the following priority order: | ||||||
| 20 | (A) The Fund shall pay monthly to: | ||||||
| 21 | (i) the 9-1-1 Authorities that imposed | ||||||
| 22 | surcharges under Section 15.3 of this Act and were | ||||||
| 23 | required to report to the Illinois Commerce | ||||||
| 24 | Commission under Section 27 of the Wireless | ||||||
| 25 | Emergency Telephone Safety Act on October 1, 2014, | ||||||
| 26 | except a 9-1-1 Authority in a municipality with a | ||||||
| |||||||
| |||||||
| 1 | population in excess of 500,000, an amount equal | ||||||
| 2 | to the average monthly wireline and VoIP surcharge | ||||||
| 3 | revenue attributable to the most recent 12-month | ||||||
| 4 | period reported to the Illinois State Police under | ||||||
| 5 | that Section for the October 1, 2014 filing, | ||||||
| 6 | subject to the power of the Illinois State Police | ||||||
| 7 | to investigate the amount reported and adjust the | ||||||
| 8 | number by order under Article X of the Public | ||||||
| 9 | Utilities Act, so that the monthly amount paid | ||||||
| 10 | under this item accurately reflects one-twelfth of | ||||||
| 11 | the aggregate wireline and VoIP surcharge revenue | ||||||
| 12 | properly attributable to the most recent 12-month | ||||||
| 13 | period reported to the Commission; or | ||||||
| 14 | (ii) county qualified governmental entities | ||||||
| 15 | that did not impose a surcharge under Section 15.3 | ||||||
| 16 | as of December 31, 2015, and counties that did not | ||||||
| 17 | impose a surcharge as of June 30, 2015, an amount | ||||||
| 18 | equivalent to their population multiplied by .37 | ||||||
| 19 | multiplied by the rate of $0.69; counties that are | ||||||
| 20 | not county qualified governmental entities and | ||||||
| 21 | that did not impose a surcharge as of December 31, | ||||||
| 22 | 2015, shall not begin to receive the payment | ||||||
| 23 | provided for in this subsection until E9-1-1 and | ||||||
| 24 | wireless E9-1-1 services are provided within their | ||||||
| 25 | counties; or | ||||||
| 26 | (iii) counties without 9-1-1 service that had | ||||||
| |||||||
| |||||||
| 1 | a surcharge in place by December 31, 2015, an | ||||||
| 2 | amount equivalent to their population multiplied | ||||||
| 3 | by .37 multiplied by their surcharge rate as | ||||||
| 4 | established by the referendum. | ||||||
| 5 | (B) All 9-1-1 network costs for systems outside of | ||||||
| 6 | municipalities with a population of at least 500,000 | ||||||
| 7 | shall be paid by the Illinois State Police directly to | ||||||
| 8 | the vendors. | ||||||
| 9 | (C) All expenses incurred by the Administrator and | ||||||
| 10 | the Statewide 9-1-1 Advisory Board and costs | ||||||
| 11 | associated with procurement under Section 15.6b | ||||||
| 12 | including requests for information and requests for | ||||||
| 13 | proposals. | ||||||
| 14 | (D) Funds may be held in reserve by the Statewide | ||||||
| 15 | 9-1-1 Advisory Board and disbursed by the Illinois | ||||||
| 16 | State Police for grants under Section 15.4b of this | ||||||
| 17 | Act and for NG9-1-1 expenses up to $12.5 million per | ||||||
| 18 | year in State fiscal years 2016 and 2017; up to $20 | ||||||
| 19 | million in State fiscal year 2018; up to $20.9 million | ||||||
| 20 | in State fiscal year 2019; up to $15.3 million in State | ||||||
| 21 | fiscal year 2020; up to $16.2 million in State fiscal | ||||||
| 22 | year 2021; up to $23.1 million in State fiscal year | ||||||
| 23 | 2022; and up to $17.0 million per year for State fiscal | ||||||
| 24 | year 2023 and each year thereafter. The amount held in | ||||||
| 25 | reserve in State fiscal years 2021, 2022, and 2023 | ||||||
| 26 | shall not be less than $6.5 million. Disbursements | ||||||
| |||||||
| |||||||
| 1 | under this subparagraph (D) shall be prioritized as | ||||||
| 2 | follows: (i) consolidation grants prioritized under | ||||||
| 3 | subsection (a) of Section 15.4b of this Act; (ii) | ||||||
| 4 | NG9-1-1 expenses; and (iii) consolidation grants under | ||||||
| 5 | Section 15.4b of this Act for consolidation expenses | ||||||
| 6 | incurred between January 1, 2010, and January 1, 2016. | ||||||
| 7 | (E) All remaining funds per remit month shall be | ||||||
| 8 | used to make monthly proportional grants to the | ||||||
| 9 | appropriate 9-1-1 Authority currently taking wireless | ||||||
| 10 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
| 11 | the billing addresses of subscribers of wireless | ||||||
| 12 | carriers. | ||||||
| 13 | (c) The moneys deposited into the Statewide 9-1-1 Fund | ||||||
| 14 | under this Section shall not be subject to administrative | ||||||
| 15 | charges or chargebacks unless otherwise authorized by this | ||||||
| 16 | Act. | ||||||
| 17 | (d) Whenever two or more 9-1-1 Authorities consolidate, | ||||||
| 18 | the resulting Joint Emergency Telephone System Board shall be | ||||||
| 19 | entitled to the monthly payments that had theretofore been | ||||||
| 20 | made to each consolidating 9-1-1 Authority. Any reserves held | ||||||
| 21 | by any consolidating 9-1-1 Authority shall be transferred to | ||||||
| 22 | the resulting Joint Emergency Telephone System Board. Whenever | ||||||
| 23 | a county that has no 9-1-1 service as of January 1, 2016 enters | ||||||
| 24 | into an agreement to consolidate to create or join a Joint | ||||||
| 25 | Emergency Telephone System Board, the Joint Emergency | ||||||
| 26 | Telephone System Board shall be entitled to the monthly | ||||||
| |||||||
| |||||||
| 1 | payments that would have otherwise been paid to the county if | ||||||
| 2 | it had provided 9-1-1 service. | ||||||
| 3 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; | ||||||
| 4 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
| 5 | (Text of Section after amendment by P.A. 103-366) | ||||||
| 6 | (Section scheduled to be repealed on December 31, 2025) | ||||||
| 7 | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | ||||||
| 8 | (a) A special fund in the State treasury known as the | ||||||
| 9 | Wireless Service Emergency Fund shall be renamed the Statewide | ||||||
| 10 | 9-1-1 Fund. Any appropriations made from the Wireless Service | ||||||
| 11 | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | ||||||
| 12 | The Fund shall consist of the following: | ||||||
| 13 | (1) (Blank). | ||||||
| 14 | (2) 9-1-1 surcharges assessed under Section 20 of this | ||||||
| 15 | Act. | ||||||
| 16 | (3) Prepaid wireless 9-1-1 surcharges assessed under | ||||||
| 17 | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
| 18 | (4) Any appropriations, grants, or gifts made to the | ||||||
| 19 | Fund. | ||||||
| 20 | (5) Any income from interest, premiums, gains, or | ||||||
| 21 | other earnings on moneys in the Fund. | ||||||
| 22 | (6) Money from any other source that is deposited in | ||||||
| 23 | or transferred to the Fund. | ||||||
| 24 | (b) Subject to appropriation and availability of funds, | ||||||
| 25 | the Illinois State Police shall distribute the 9-1-1 | ||||||
| |||||||
| |||||||
| 1 | surcharges monthly as follows: | ||||||
| 2 | (1) From each surcharge collected and remitted under | ||||||
| 3 | Section 20 of this Act: | ||||||
| 4 | (A) $0.013 shall be distributed monthly in equal | ||||||
| 5 | amounts to each County Emergency Telephone System | ||||||
| 6 | Board in counties with a population under 100,000 | ||||||
| 7 | according to the most recent census data which is | ||||||
| 8 | authorized to serve as a primary wireless 9-1-1 public | ||||||
| 9 | safety answering point for the county and to provide | ||||||
| 10 | wireless 9-1-1 service as prescribed by subsection (b) | ||||||
| 11 | of Section 15.6a of this Act, and which does provide | ||||||
| 12 | such service. | ||||||
| 13 | (B) (Blank). | ||||||
| 14 | (C) Until December 31, 2017, $0.007 and on and | ||||||
| 15 | after January 1, 2018, $0.017 shall be used to cover | ||||||
| 16 | the Illinois State Police's administrative costs. | ||||||
| 17 | (D) Beginning January 1, 2018, until June 30, | ||||||
| 18 | 2020, $0.12, and on and after July 1, 2020, $0.04 shall | ||||||
| 19 | be used to make monthly disbursements to the | ||||||
| 20 | appropriate 9-1-1 Authority currently taking wireless | ||||||
| 21 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
| 22 | the billing addresses of subscribers wireless | ||||||
| 23 | carriers. | ||||||
| 24 | (E) Until June 30, 2025 2023, $0.05 shall be used | ||||||
| 25 | by the Illinois State Police for grants for NG9-1-1 | ||||||
| 26 | expenses, with priority given to 9-1-1 Authorities | ||||||
| |||||||
| |||||||
| 1 | that provide 9-1-1 service within the territory of a | ||||||
| 2 | Large Electing Provider as defined in Section 13-406.1 | ||||||
| 3 | of the Public Utilities Act. | ||||||
| 4 | (F) On and after July 1, 2020, $0.13 shall be used | ||||||
| 5 | for the implementation of and continuing expenses for | ||||||
| 6 | the Statewide NG9-1-1 system. | ||||||
| 7 | (1.5) Beginning on the effective date of this | ||||||
| 8 | amendatory Act of the 103rd General Assembly, to assist | ||||||
| 9 | with the implementation of the statewide Next Generation | ||||||
| 10 | 9-1-1 network, the Illinois State Police's administrative | ||||||
| 11 | costs include the one-time capital cost of upgrading the | ||||||
| 12 | Illinois State Police's call-handling equipment to meet | ||||||
| 13 | the standards necessary to access and increase | ||||||
| 14 | interoperability with the statewide Next Generation 9-1-1 | ||||||
| 15 | network. | ||||||
| 16 | (A) Upon completion of the Illinois State Police's | ||||||
| 17 | call-handling equipment upgrades, but no later than | ||||||
| 18 | June 30, 2024, surplus moneys in excess of $1,000,000 | ||||||
| 19 | from subparagraph (C) of paragraph (1) not utilized by | ||||||
| 20 | the Illinois State Police for administrative costs | ||||||
| 21 | shall be distributed to the 9-1-1 Authorities in | ||||||
| 22 | accordance with subparagraph (E) of paragraph (2) on | ||||||
| 23 | an annual basis at the end of the State fiscal year. | ||||||
| 24 | Any remaining surplus money may also be distributed | ||||||
| 25 | consistent with this paragraph (1.5) at the discretion | ||||||
| 26 | of the Illinois State Police. | ||||||
| |||||||
| |||||||
| 1 | (B) Upon implementation of the Statewide NG9-1-1 | ||||||
| 2 | system, but no later than June 30, 2024, surplus | ||||||
| 3 | moneys in excess of $5,000,000 from subparagraph (F) | ||||||
| 4 | of paragraph (1) not utilized by the Illinois State | ||||||
| 5 | Police for the implementation of and continuing | ||||||
| 6 | expenses for the Statewide NG9-1-1 system shall be | ||||||
| 7 | distributed to the 9-1-1 Authorities in accordance | ||||||
| 8 | with subparagraph (E) of subsection (2) on an annual | ||||||
| 9 | basis at the end of the State fiscal year. Any | ||||||
| 10 | remaining surplus money may also be distributed | ||||||
| 11 | consistent with this paragraph (1.5) at the discretion | ||||||
| 12 | of the Illinois State Police. | ||||||
| 13 | (2) After disbursements under paragraph (1) of this | ||||||
| 14 | subsection (b), all remaining funds in the Statewide 9-1-1 | ||||||
| 15 | Fund shall be disbursed in the following priority order: | ||||||
| 16 | (A) The Fund shall pay monthly to: | ||||||
| 17 | (i) the 9-1-1 Authorities that imposed | ||||||
| 18 | surcharges under Section 15.3 of this Act and were | ||||||
| 19 | required to report to the Illinois Commerce | ||||||
| 20 | Commission under Section 27 of the Wireless | ||||||
| 21 | Emergency Telephone Safety Act on October 1, 2014, | ||||||
| 22 | except a 9-1-1 Authority in a municipality with a | ||||||
| 23 | population in excess of 500,000, an amount equal | ||||||
| 24 | to the average monthly wireline and VoIP surcharge | ||||||
| 25 | revenue attributable to the most recent 12-month | ||||||
| 26 | period reported to the Illinois State Police under | ||||||
| |||||||
| |||||||
| 1 | that Section for the October 1, 2014 filing, | ||||||
| 2 | subject to the power of the Illinois State Police | ||||||
| 3 | to investigate the amount reported and adjust the | ||||||
| 4 | number by order under Article X of the Public | ||||||
| 5 | Utilities Act, so that the monthly amount paid | ||||||
| 6 | under this item accurately reflects one-twelfth of | ||||||
| 7 | the aggregate wireline and VoIP surcharge revenue | ||||||
| 8 | properly attributable to the most recent 12-month | ||||||
| 9 | period reported to the Commission; or | ||||||
| 10 | (ii) county qualified governmental entities | ||||||
| 11 | that did not impose a surcharge under Section 15.3 | ||||||
| 12 | as of December 31, 2015, and counties that did not | ||||||
| 13 | impose a surcharge as of June 30, 2015, an amount | ||||||
| 14 | equivalent to their population multiplied by .37 | ||||||
| 15 | multiplied by the rate of $0.69; counties that are | ||||||
| 16 | not county qualified governmental entities and | ||||||
| 17 | that did not impose a surcharge as of December 31, | ||||||
| 18 | 2015, shall not begin to receive the payment | ||||||
| 19 | provided for in this subsection until E9-1-1 and | ||||||
| 20 | wireless E9-1-1 services are provided within their | ||||||
| 21 | counties; or | ||||||
| 22 | (iii) counties without 9-1-1 service that had | ||||||
| 23 | a surcharge in place by December 31, 2015, an | ||||||
| 24 | amount equivalent to their population multiplied | ||||||
| 25 | by .37 multiplied by their surcharge rate as | ||||||
| 26 | established by the referendum. | ||||||
| |||||||
| |||||||
| 1 | (B) All 9-1-1 network costs for systems outside of | ||||||
| 2 | municipalities with a population of at least 500,000 | ||||||
| 3 | shall be paid by the Illinois State Police directly to | ||||||
| 4 | the vendors. | ||||||
| 5 | (C) All expenses incurred by the Administrator and | ||||||
| 6 | the Statewide 9-1-1 Advisory Board and costs | ||||||
| 7 | associated with procurement under Section 15.6b | ||||||
| 8 | including requests for information and requests for | ||||||
| 9 | proposals. | ||||||
| 10 | (D) Funds may be held in reserve by the Statewide | ||||||
| 11 | 9-1-1 Advisory Board and disbursed by the Illinois | ||||||
| 12 | State Police for grants under Section 15.4b of this | ||||||
| 13 | Act and for NG9-1-1 expenses up to $12.5 million per | ||||||
| 14 | year in State fiscal years 2016 and 2017; up to $20 | ||||||
| 15 | million in State fiscal year 2018; up to $20.9 million | ||||||
| 16 | in State fiscal year 2019; up to $15.3 million in State | ||||||
| 17 | fiscal year 2020; up to $16.2 million in State fiscal | ||||||
| 18 | year 2021; up to $23.1 million in State fiscal year | ||||||
| 19 | 2022; and up to $17.0 million per year for State fiscal | ||||||
| 20 | year 2023 and each year thereafter. The amount held in | ||||||
| 21 | reserve in State fiscal years 2021, 2022, and 2023 | ||||||
| 22 | shall not be less than $6.5 million. Disbursements | ||||||
| 23 | under this subparagraph (D) shall be prioritized as | ||||||
| 24 | follows: (i) consolidation grants prioritized under | ||||||
| 25 | subsection (a) of Section 15.4b of this Act; (ii) | ||||||
| 26 | NG9-1-1 expenses; and (iii) consolidation grants under | ||||||
| |||||||
| |||||||
| 1 | Section 15.4b of this Act for consolidation expenses | ||||||
| 2 | incurred between January 1, 2010, and January 1, 2016. | ||||||
| 3 | (E) All remaining funds per remit month shall be | ||||||
| 4 | used to make monthly disbursements to the appropriate | ||||||
| 5 | 9-1-1 Authority currently taking wireless 9-1-1 based | ||||||
| 6 | upon the United States Postal Zip Code of the billing | ||||||
| 7 | addresses of subscribers of wireless carriers. | ||||||
| 8 | (c) The moneys deposited into the Statewide 9-1-1 Fund | ||||||
| 9 | under this Section shall not be subject to administrative | ||||||
| 10 | charges or chargebacks unless otherwise authorized by this | ||||||
| 11 | Act. | ||||||
| 12 | (d) Whenever two or more 9-1-1 Authorities consolidate, | ||||||
| 13 | the resulting Joint Emergency Telephone System Board shall be | ||||||
| 14 | entitled to the monthly payments that had theretofore been | ||||||
| 15 | made to each consolidating 9-1-1 Authority. Any reserves held | ||||||
| 16 | by any consolidating 9-1-1 Authority shall be transferred to | ||||||
| 17 | the resulting Joint Emergency Telephone System Board. Whenever | ||||||
| 18 | a county that has no 9-1-1 service as of January 1, 2016 enters | ||||||
| 19 | into an agreement to consolidate to create or join a Joint | ||||||
| 20 | Emergency Telephone System Board, the Joint Emergency | ||||||
| 21 | Telephone System Board shall be entitled to the monthly | ||||||
| 22 | payments that would have otherwise been paid to the county if | ||||||
| 23 | it had provided 9-1-1 service. | ||||||
| 24 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
| 25 | 102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 750/35) | ||||||
| 2 | (Text of Section before amendment by P.A. 103-366) | ||||||
| 3 | (Section scheduled to be repealed on December 31, 2025) | ||||||
| 4 | Sec. 35. 9-1-1 surcharge; allowable expenditures. Except | ||||||
| 5 | as otherwise provided in this Act, expenditures from surcharge | ||||||
| 6 | revenues received under this Act may be made by | ||||||
| 7 | municipalities, counties, and 9-1-1 Authorities only to pay | ||||||
| 8 | for the costs associated with the following: | ||||||
| 9 | (1) The design of the Emergency Telephone System. | ||||||
| 10 | (2) The coding of an initial Master Street Address | ||||||
| 11 | Guide database, and update and maintenance thereof. | ||||||
| 12 | (3) The repayment of any moneys advanced for the | ||||||
| 13 | implementation of the system. | ||||||
| 14 | (4) The charges for Automatic Number Identification | ||||||
| 15 | and Automatic Location Identification equipment, a | ||||||
| 16 | computer aided dispatch system that records, maintains, | ||||||
| 17 | and integrates information, mobile data transmitters | ||||||
| 18 | equipped with automatic vehicle locators, and maintenance, | ||||||
| 19 | replacement, and update thereof to increase operational | ||||||
| 20 | efficiency and improve the provision of emergency | ||||||
| 21 | services. | ||||||
| 22 | (5) The non-recurring charges related to installation | ||||||
| 23 | of the Emergency Telephone System. | ||||||
| 24 | (6) The initial acquisition and installation, or the | ||||||
| 25 | reimbursement of costs therefor to other governmental | ||||||
| 26 | bodies that have incurred those costs, of road or street | ||||||
| |||||||
| |||||||
| 1 | signs that are essential to the implementation of the | ||||||
| 2 | Emergency Telephone System and that are not duplicative of | ||||||
| 3 | signs that are the responsibility of the jurisdiction | ||||||
| 4 | charged with maintaining road and street signs. Funds may | ||||||
| 5 | not be used for ongoing expenses associated with road or | ||||||
| 6 | street sign maintenance and replacement. | ||||||
| 7 | (7) Other products and services necessary for the | ||||||
| 8 | implementation, upgrade, and maintenance of the system and | ||||||
| 9 | any other purpose related to the operation of the system, | ||||||
| 10 | including costs attributable directly to the construction, | ||||||
| 11 | leasing, or maintenance of any buildings or facilities or | ||||||
| 12 | costs of personnel attributable directly to the operation | ||||||
| 13 | of the system. Costs attributable directly to the | ||||||
| 14 | operation of an emergency telephone system do not include | ||||||
| 15 | the costs of public safety agency personnel who are and | ||||||
| 16 | equipment that is dispatched in response to an emergency | ||||||
| 17 | call. | ||||||
| 18 | (8) The defraying of expenses incurred to implement | ||||||
| 19 | Next Generation 9-1-1, subject to the conditions set forth | ||||||
| 20 | in this Act. | ||||||
| 21 | (9) The implementation of a computer aided dispatch | ||||||
| 22 | system or hosted supplemental 9-1-1 services. | ||||||
| 23 | (10) The design, implementation, operation, | ||||||
| 24 | maintenance, or upgrade of wireless 9-1-1, E9-1-1, or | ||||||
| 25 | NG9-1-1 emergency services and public safety answering | ||||||
| 26 | points. | ||||||
| |||||||
| |||||||
| 1 | In the case of a municipality with a population over | ||||||
| 2 | 500,000, moneys may also be used for any anti-terrorism or | ||||||
| 3 | emergency preparedness measures, including, but not limited | ||||||
| 4 | to, preparedness planning, providing local matching funds for | ||||||
| 5 | federal or State grants, personnel training, and specialized | ||||||
| 6 | equipment, including surveillance cameras, as needed to deal | ||||||
| 7 | with natural and terrorist-inspired emergency situations or | ||||||
| 8 | events. | ||||||
| 9 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 10 | (Text of Section after amendment by P.A. 103-366) | ||||||
| 11 | (Section scheduled to be repealed on December 31, 2025) | ||||||
| 12 | Sec. 35. 9-1-1 surcharge; allowable expenditures. | ||||||
| 13 | (a) Except as otherwise provided in this Act, expenditures | ||||||
| 14 | from surcharge revenues received under this Act shall be made | ||||||
| 15 | consistent with 47 CFR 9.23, which include the following: | ||||||
| 16 | (1) support and implementation of 9-1-1 services | ||||||
| 17 | provided by or in the State or taxing jurisdiction | ||||||
| 18 | imposing the fee or charge; and | ||||||
| 19 | (2) operational expenses of public safety answering | ||||||
| 20 | points within the State. Examples of allowable | ||||||
| 21 | expenditures include, but are not limited to: | ||||||
| 22 | (A) PSAP operating costs, including lease, | ||||||
| 23 | purchase, maintenance, replacement, and upgrade of | ||||||
| 24 | customer premises equipment (hardware and software), | ||||||
| 25 | CAD equipment (hardware and software), and the PSAP | ||||||
| |||||||
| |||||||
| 1 | building and facility and including NG9-1-1, | ||||||
| 2 | cybersecurity, pre-arrival instructions, and emergency | ||||||
| 3 | notification systems. PSAP operating costs include | ||||||
| 4 | technological innovation that supports 9-1-1; | ||||||
| 5 | (B) PSAP personnel costs, including | ||||||
| 6 | telecommunicators' salaries and training; | ||||||
| 7 | (C) PSAP administration, including costs for | ||||||
| 8 | administration of 9-1-1 services and travel expenses | ||||||
| 9 | associated with the provision of 9-1-1 services; | ||||||
| 10 | (D) integrating public safety and first responder | ||||||
| 11 | dispatch and 9-1-1 systems, including lease, purchase, | ||||||
| 12 | maintenance, and upgrade of CAD equipment (hardware | ||||||
| 13 | and software) to support integrated 9-1-1 and public | ||||||
| 14 | safety dispatch operations; and | ||||||
| 15 | (E) providing the interoperability of 9-1-1 | ||||||
| 16 | systems with one another and with public safety and | ||||||
| 17 | first responder radio systems; and . | ||||||
| 18 | (F) costs for the initial acquisition and | ||||||
| 19 | installation of road or street signs that are | ||||||
| 20 | essential to the implementation of the Emergency | ||||||
| 21 | Telephone System and that are not duplicative of signs | ||||||
| 22 | that are the responsibility of the jurisdiction | ||||||
| 23 | charged with maintaining road and street signs, as | ||||||
| 24 | well as costs incurred to reimburse governmental | ||||||
| 25 | bodies for the acquisition and installation of those | ||||||
| 26 | signs, except that expenditures may not be used for | ||||||
| |||||||
| |||||||
| 1 | ongoing expenses associated with sign maintenance and | ||||||
| 2 | replacement. | ||||||
| 3 | (3) (Blank). | ||||||
| 4 | (4) (Blank). | ||||||
| 5 | (5) (Blank). | ||||||
| 6 | (6) (Blank). | ||||||
| 7 | (7) (Blank). | ||||||
| 8 | (8) (Blank). | ||||||
| 9 | (9) (Blank). | ||||||
| 10 | (10) (Blank). | ||||||
| 11 | (b) The obligation or expenditure of surcharge revenues | ||||||
| 12 | received under this Act for a purpose or function inconsistent | ||||||
| 13 | with 47 CFR 9.23 and this Section shall constitute diversion, | ||||||
| 14 | which undermines the purpose of this Act by depriving the | ||||||
| 15 | 9-1-1 system of the funds it needs to function effectively and | ||||||
| 16 | to modernize 9-1-1 operations. Examples of diversion include, | ||||||
| 17 | but are not limited to: | ||||||
| 18 | (1) transfer of 9-1-1 fees into a State or other | ||||||
| 19 | jurisdiction's general fund or other fund for non-9-1-1 | ||||||
| 20 | purposes; | ||||||
| 21 | (2) use of surcharge revenues for equipment or | ||||||
| 22 | infrastructure for constructing or expanding | ||||||
| 23 | non-public-safety communications networks (e.g., | ||||||
| 24 | commercial cellular networks); and | ||||||
| 25 | (3) use of surcharge revenues for equipment or | ||||||
| 26 | infrastructure for law enforcement, firefighters, and | ||||||
| |||||||
| |||||||
| 1 | other public safety or first responder entities that does | ||||||
| 2 | not directly support providing 9-1-1 services. | ||||||
| 3 | (c) In the case of a municipality with a population over | ||||||
| 4 | 500,000, moneys may also be used for any anti-terrorism or | ||||||
| 5 | emergency preparedness measures, including, but not limited | ||||||
| 6 | to, preparedness planning, providing local matching funds for | ||||||
| 7 | federal or State grants, personnel training, and specialized | ||||||
| 8 | equipment, including surveillance cameras, as needed to deal | ||||||
| 9 | with natural and terrorist-inspired emergency situations or | ||||||
| 10 | events. | ||||||
| 11 | (Source: P.A. 103-366, eff. 1-1-24.)
| ||||||
| 12 | Section 35. The School Code is amended by changing | ||||||
| 13 | Sections 21B-20, 27-20.3, and 27-21 and by renumbering and | ||||||
| 14 | changing Section 22-95, as added by Public Act 103-46, as | ||||||
| 15 | follows:
| ||||||
| 16 | (105 ILCS 5/21B-20) | ||||||
| 17 | (Text of Section before amendment by P.A. 103-193) | ||||||
| 18 | Sec. 21B-20. Types of licenses. The State Board of | ||||||
| 19 | Education shall implement a system of educator licensure, | ||||||
| 20 | whereby individuals employed in school districts who are | ||||||
| 21 | required to be licensed must have one of the following | ||||||
| 22 | licenses: (i) a professional educator license; (ii) an | ||||||
| 23 | educator license with stipulations; (iii) a substitute | ||||||
| 24 | teaching license; or (iv) until June 30, 2028, a short-term | ||||||
| |||||||
| |||||||
| 1 | substitute teaching license. References in law regarding | ||||||
| 2 | individuals certified or certificated or required to be | ||||||
| 3 | certified or certificated under Article 21 of this Code shall | ||||||
| 4 | also include individuals licensed or required to be licensed | ||||||
| 5 | under this Article. The first year of all licenses ends on June | ||||||
| 6 | 30 following one full year of the license being issued. | ||||||
| 7 | The State Board of Education, in consultation with the | ||||||
| 8 | State Educator Preparation and Licensure Board, may adopt such | ||||||
| 9 | rules as may be necessary to govern the requirements for | ||||||
| 10 | licenses and endorsements under this Section. | ||||||
| 11 | (1) Professional Educator License. Persons who (i) | ||||||
| 12 | have successfully completed an approved educator | ||||||
| 13 | preparation program and are recommended for licensure by | ||||||
| 14 | the Illinois institution offering the educator preparation | ||||||
| 15 | program, (ii) have successfully completed the required | ||||||
| 16 | testing under Section 21B-30 of this Code, (iii) have | ||||||
| 17 | successfully completed coursework on the psychology of, | ||||||
| 18 | the identification of, and the methods of instruction for | ||||||
| 19 | the exceptional child, including, without limitation, | ||||||
| 20 | children with learning disabilities, (iv) have | ||||||
| 21 | successfully completed coursework in methods of reading | ||||||
| 22 | and reading in the content area, and (v) have met all other | ||||||
| 23 | criteria established by rule of the State Board of | ||||||
| 24 | Education shall be issued a Professional Educator License. | ||||||
| 25 | All Professional Educator Licenses are valid until June 30 | ||||||
| 26 | immediately following 5 years of the license being issued. | ||||||
| |||||||
| |||||||
| 1 | The Professional Educator License shall be endorsed with | ||||||
| 2 | specific areas and grade levels in which the individual is | ||||||
| 3 | eligible to practice. For an early childhood education | ||||||
| 4 | endorsement, an individual may satisfy the student | ||||||
| 5 | teaching requirement of his or her early childhood teacher | ||||||
| 6 | preparation program through placement in a setting with | ||||||
| 7 | children from birth through grade 2, and the individual | ||||||
| 8 | may be paid and receive credit while student teaching. The | ||||||
| 9 | student teaching experience must meet the requirements of | ||||||
| 10 | and be approved by the individual's early childhood | ||||||
| 11 | teacher preparation program. | ||||||
| 12 | Individuals can receive subsequent endorsements on the | ||||||
| 13 | Professional Educator License. Subsequent endorsements | ||||||
| 14 | shall require a minimum of 24 semester hours of coursework | ||||||
| 15 | in the endorsement area and passage of the applicable | ||||||
| 16 | content area test, unless otherwise specified by rule. | ||||||
| 17 | (2) Educator License with Stipulations. An Educator | ||||||
| 18 | License with Stipulations shall be issued an endorsement | ||||||
| 19 | that limits the license holder to one particular position | ||||||
| 20 | or does not require completion of an approved educator | ||||||
| 21 | program or both. | ||||||
| 22 | An individual with an Educator License with | ||||||
| 23 | Stipulations must not be employed by a school district or | ||||||
| 24 | any other entity to replace any presently employed teacher | ||||||
| 25 | who otherwise would not be replaced for any reason. | ||||||
| 26 | An Educator License with Stipulations may be issued | ||||||
| |||||||
| |||||||
| 1 | with the following endorsements: | ||||||
| 2 | (A) (Blank). | ||||||
| 3 | (B) Alternative provisional educator. An | ||||||
| 4 | alternative provisional educator endorsement on an | ||||||
| 5 | Educator License with Stipulations may be issued to an | ||||||
| 6 | applicant who, at the time of applying for the | ||||||
| 7 | endorsement, has done all of the following: | ||||||
| 8 | (i) Graduated from a regionally accredited | ||||||
| 9 | college or university with a minimum of a | ||||||
| 10 | bachelor's degree. | ||||||
| 11 | (ii) Successfully completed the first phase of | ||||||
| 12 | the Alternative Educator Licensure Program for | ||||||
| 13 | Teachers, as described in Section 21B-50 of this | ||||||
| 14 | Code. | ||||||
| 15 | (iii) Passed a content area test, as required | ||||||
| 16 | under Section 21B-30 of this Code. | ||||||
| 17 | The alternative provisional educator endorsement is | ||||||
| 18 | valid for 2 years of teaching and may be renewed for a | ||||||
| 19 | third year by an individual meeting the requirements set | ||||||
| 20 | forth in Section 21B-50 of this Code. | ||||||
| 21 | (C) Alternative provisional superintendent. An | ||||||
| 22 | alternative provisional superintendent endorsement on | ||||||
| 23 | an Educator License with Stipulations entitles the | ||||||
| 24 | holder to serve only as a superintendent or assistant | ||||||
| 25 | superintendent in a school district's central office. | ||||||
| 26 | This endorsement may only be issued to an applicant | ||||||
| |||||||
| |||||||
| 1 | who, at the time of applying for the endorsement, has | ||||||
| 2 | done all of the following: | ||||||
| 3 | (i) Graduated from a regionally accredited | ||||||
| 4 | college or university with a minimum of a master's | ||||||
| 5 | degree in a management field other than education. | ||||||
| 6 | (ii) Been employed for a period of at least 5 | ||||||
| 7 | years in a management level position in a field | ||||||
| 8 | other than education. | ||||||
| 9 | (iii) Successfully completed the first phase | ||||||
| 10 | of an alternative route to superintendent | ||||||
| 11 | endorsement program, as provided in Section 21B-55 | ||||||
| 12 | of this Code. | ||||||
| 13 | (iv) Passed a content area test required under | ||||||
| 14 | Section 21B-30 of this Code. | ||||||
| 15 | The endorsement is valid for 2 fiscal years in | ||||||
| 16 | order to complete one full year of serving as a | ||||||
| 17 | superintendent or assistant superintendent. | ||||||
| 18 | (D) (Blank). | ||||||
| 19 | (E) Career and technical educator. A career and | ||||||
| 20 | technical educator endorsement on an Educator License | ||||||
| 21 | with Stipulations may be issued to an applicant who | ||||||
| 22 | has a minimum of 60 semester hours of coursework from a | ||||||
| 23 | regionally accredited institution of higher education | ||||||
| 24 | or an accredited trade and technical institution and | ||||||
| 25 | has a minimum of 2,000 hours of experience outside of | ||||||
| 26 | education in each area to be taught. | ||||||
| |||||||
| |||||||
| 1 | The career and technical educator endorsement on | ||||||
| 2 | an Educator License with Stipulations is valid until | ||||||
| 3 | June 30 immediately following 5 years of the | ||||||
| 4 | endorsement being issued and may be renewed. | ||||||
| 5 | An individual who holds a valid career and | ||||||
| 6 | technical educator endorsement on an Educator License | ||||||
| 7 | with Stipulations but does not hold a bachelor's | ||||||
| 8 | degree may substitute teach in career and technical | ||||||
| 9 | education classrooms. | ||||||
| 10 | (F) (Blank). | ||||||
| 11 | (G) Transitional bilingual educator. A | ||||||
| 12 | transitional bilingual educator endorsement on an | ||||||
| 13 | Educator License with Stipulations may be issued for | ||||||
| 14 | the purpose of providing instruction in accordance | ||||||
| 15 | with Article 14C of this Code to an applicant who | ||||||
| 16 | provides satisfactory evidence that he or she meets | ||||||
| 17 | all of the following requirements: | ||||||
| 18 | (i) Possesses adequate speaking, reading, and | ||||||
| 19 | writing ability in the language other than English | ||||||
| 20 | in which transitional bilingual education is | ||||||
| 21 | offered. | ||||||
| 22 | (ii) Has the ability to successfully | ||||||
| 23 | communicate in English. | ||||||
| 24 | (iii) Either possessed, within 5 years | ||||||
| 25 | previous to his or her applying for a transitional | ||||||
| 26 | bilingual educator endorsement, a valid and | ||||||
| |||||||
| |||||||
| 1 | comparable teaching certificate or comparable | ||||||
| 2 | authorization issued by a foreign country or holds | ||||||
| 3 | a degree from an institution of higher learning in | ||||||
| 4 | a foreign country that the State Educator | ||||||
| 5 | Preparation and Licensure Board determines to be | ||||||
| 6 | the equivalent of a bachelor's degree from a | ||||||
| 7 | regionally accredited institution of higher | ||||||
| 8 | learning in the United States. | ||||||
| 9 | A transitional bilingual educator endorsement | ||||||
| 10 | shall be valid for prekindergarten through grade 12, | ||||||
| 11 | is valid until June 30 immediately following 5 years | ||||||
| 12 | of the endorsement being issued, and shall not be | ||||||
| 13 | renewed. | ||||||
| 14 | Persons holding a transitional bilingual educator | ||||||
| 15 | endorsement shall not be employed to replace any | ||||||
| 16 | presently employed teacher who otherwise would not be | ||||||
| 17 | replaced for any reason. | ||||||
| 18 | (H) Language endorsement. In an effort to | ||||||
| 19 | alleviate the shortage of teachers speaking a language | ||||||
| 20 | other than English in the public schools, an | ||||||
| 21 | individual who holds an Educator License with | ||||||
| 22 | Stipulations may also apply for a language | ||||||
| 23 | endorsement, provided that the applicant provides | ||||||
| 24 | satisfactory evidence that he or she meets all of the | ||||||
| 25 | following requirements: | ||||||
| 26 | (i) Holds a transitional bilingual | ||||||
| |||||||
| |||||||
| 1 | endorsement. | ||||||
| 2 | (ii) Has demonstrated proficiency in the | ||||||
| 3 | language for which the endorsement is to be issued | ||||||
| 4 | by passing the applicable language content test | ||||||
| 5 | required by the State Board of Education. | ||||||
| 6 | (iii) Holds a bachelor's degree or higher from | ||||||
| 7 | a regionally accredited institution of higher | ||||||
| 8 | education or, for individuals educated in a | ||||||
| 9 | country other than the United States, holds a | ||||||
| 10 | degree from an institution of higher learning in a | ||||||
| 11 | foreign country that the State Educator | ||||||
| 12 | Preparation and Licensure Board determines to be | ||||||
| 13 | the equivalent of a bachelor's degree from a | ||||||
| 14 | regionally accredited institution of higher | ||||||
| 15 | learning in the United States. | ||||||
| 16 | (iv) (Blank). | ||||||
| 17 | A language endorsement on an Educator License with | ||||||
| 18 | Stipulations is valid for prekindergarten through | ||||||
| 19 | grade 12 for the same validity period as the | ||||||
| 20 | individual's transitional bilingual educator | ||||||
| 21 | endorsement on the Educator License with Stipulations | ||||||
| 22 | and shall not be renewed. | ||||||
| 23 | (I) Visiting international educator. A visiting | ||||||
| 24 | international educator endorsement on an Educator | ||||||
| 25 | License with Stipulations may be issued to an | ||||||
| 26 | individual who is being recruited by a particular | ||||||
| |||||||
| |||||||
| 1 | school district that conducts formal recruitment | ||||||
| 2 | programs outside of the United States to secure the | ||||||
| 3 | services of qualified teachers and who meets all of | ||||||
| 4 | the following requirements: | ||||||
| 5 | (i) Holds the equivalent of a minimum of a | ||||||
| 6 | bachelor's degree issued in the United States. | ||||||
| 7 | (ii) Has been prepared as a teacher at the | ||||||
| 8 | grade level for which he or she will be employed. | ||||||
| 9 | (iii) Has adequate content knowledge in the | ||||||
| 10 | subject to be taught. | ||||||
| 11 | (iv) Has an adequate command of the English | ||||||
| 12 | language. | ||||||
| 13 | A holder of a visiting international educator | ||||||
| 14 | endorsement on an Educator License with Stipulations | ||||||
| 15 | shall be permitted to teach in bilingual education | ||||||
| 16 | programs in the language that was the medium of | ||||||
| 17 | instruction in his or her teacher preparation program, | ||||||
| 18 | provided that he or she passes the English Language | ||||||
| 19 | Proficiency Examination or another test of writing | ||||||
| 20 | skills in English identified by the State Board of | ||||||
| 21 | Education, in consultation with the State Educator | ||||||
| 22 | Preparation and Licensure Board. | ||||||
| 23 | A visiting international educator endorsement on | ||||||
| 24 | an Educator License with Stipulations is valid for 5 | ||||||
| 25 | years and shall not be renewed. | ||||||
| 26 | (J) Paraprofessional educator. A paraprofessional | ||||||
| |||||||
| |||||||
| 1 | educator endorsement on an Educator License with | ||||||
| 2 | Stipulations may be issued to an applicant who holds a | ||||||
| 3 | high school diploma or its recognized equivalent and | ||||||
| 4 | (i) holds an associate's degree or a minimum of 60 | ||||||
| 5 | semester hours of credit from a regionally accredited | ||||||
| 6 | institution of higher education; (ii) has passed a | ||||||
| 7 | paraprofessional competency test under subsection | ||||||
| 8 | (c-5) of Section 21B-30; or (iii) is at least 18 years | ||||||
| 9 | of age and will be using the Educator License with | ||||||
| 10 | Stipulations exclusively for grades prekindergarten | ||||||
| 11 | through grade 8, until the individual reaches the age | ||||||
| 12 | of 19 years and otherwise meets the criteria for a | ||||||
| 13 | paraprofessional educator endorsement pursuant to this | ||||||
| 14 | subparagraph (J). The paraprofessional educator | ||||||
| 15 | endorsement is valid until June 30 immediately | ||||||
| 16 | following 5 years of the endorsement being issued and | ||||||
| 17 | may be renewed through application and payment of the | ||||||
| 18 | appropriate fee, as required under Section 21B-40 of | ||||||
| 19 | this Code. An individual who holds only a | ||||||
| 20 | paraprofessional educator endorsement is not subject | ||||||
| 21 | to additional requirements in order to renew the | ||||||
| 22 | endorsement. | ||||||
| 23 | (K) Chief school business official. A chief school | ||||||
| 24 | business official endorsement on an Educator License | ||||||
| 25 | with Stipulations may be issued to an applicant who | ||||||
| 26 | qualifies by having a master's degree or higher, 2 | ||||||
| |||||||
| |||||||
| 1 | years of full-time administrative experience in school | ||||||
| 2 | business management or 2 years of university-approved | ||||||
| 3 | practical experience, and a minimum of 24 semester | ||||||
| 4 | hours of graduate credit in a program approved by the | ||||||
| 5 | State Board of Education for the preparation of school | ||||||
| 6 | business administrators and by passage of the | ||||||
| 7 | applicable State tests, including an applicable | ||||||
| 8 | content area test. | ||||||
| 9 | The chief school business official endorsement may | ||||||
| 10 | also be affixed to the Educator License with | ||||||
| 11 | Stipulations of any holder who qualifies by having a | ||||||
| 12 | master's degree in business administration, finance, | ||||||
| 13 | accounting, or public administration and who completes | ||||||
| 14 | an additional 6 semester hours of internship in school | ||||||
| 15 | business management from a regionally accredited | ||||||
| 16 | institution of higher education and passes the | ||||||
| 17 | applicable State tests, including an applicable | ||||||
| 18 | content area test. This endorsement shall be required | ||||||
| 19 | for any individual employed as a chief school business | ||||||
| 20 | official. | ||||||
| 21 | The chief school business official endorsement on | ||||||
| 22 | an Educator License with Stipulations is valid until | ||||||
| 23 | June 30 immediately following 5 years of the | ||||||
| 24 | endorsement being issued and may be renewed if the | ||||||
| 25 | license holder completes renewal requirements as | ||||||
| 26 | required for individuals who hold a Professional | ||||||
| |||||||
| |||||||
| 1 | Educator License endorsed for chief school business | ||||||
| 2 | official under Section 21B-45 of this Code and such | ||||||
| 3 | rules as may be adopted by the State Board of | ||||||
| 4 | Education. | ||||||
| 5 | The State Board of Education shall adopt any rules | ||||||
| 6 | necessary to implement Public Act 100-288. | ||||||
| 7 | (L) Provisional in-state educator. A provisional | ||||||
| 8 | in-state educator endorsement on an Educator License | ||||||
| 9 | with Stipulations may be issued to a candidate who has | ||||||
| 10 | completed an Illinois-approved educator preparation | ||||||
| 11 | program at an Illinois institution of higher education | ||||||
| 12 | and who has not successfully completed an | ||||||
| 13 | evidence-based assessment of teacher effectiveness but | ||||||
| 14 | who meets all of the following requirements: | ||||||
| 15 | (i) Holds at least a bachelor's degree. | ||||||
| 16 | (ii) Has completed an approved educator | ||||||
| 17 | preparation program at an Illinois institution. | ||||||
| 18 | (iii) Has passed an applicable content area | ||||||
| 19 | test, as required by Section 21B-30 of this Code. | ||||||
| 20 | (iv) Has attempted an evidence-based | ||||||
| 21 | assessment of teacher effectiveness and received a | ||||||
| 22 | minimum score on that assessment, as established | ||||||
| 23 | by the State Board of Education in consultation | ||||||
| 24 | with the State Educator Preparation and Licensure | ||||||
| 25 | Board. | ||||||
| 26 | A provisional in-state educator endorsement on an | ||||||
| |||||||
| |||||||
| 1 | Educator License with Stipulations is valid for one | ||||||
| 2 | full fiscal year after the date of issuance and may not | ||||||
| 3 | be renewed. | ||||||
| 4 | (M) (Blank). | ||||||
| 5 | (N) Specialized services. A specialized services | ||||||
| 6 | endorsement on an Educator License with Stipulations | ||||||
| 7 | may be issued as defined and specified by rule. | ||||||
| 8 | (O) Provisional career and technical educator. A | ||||||
| 9 | provisional career and technical educator endorsement | ||||||
| 10 | on an Educator License with Stipulations may be issued | ||||||
| 11 | to an applicant who has a minimum of 8,000 hours of | ||||||
| 12 | work experience in the skill for which the applicant | ||||||
| 13 | is seeking the endorsement. Each employing school | ||||||
| 14 | board and regional office of education shall provide | ||||||
| 15 | verification, in writing, to the State Superintendent | ||||||
| 16 | of Education at the time the application is submitted | ||||||
| 17 | that no qualified teacher holding a Professional | ||||||
| 18 | Educator License or an Educator License with | ||||||
| 19 | Stipulations with a career and technical educator | ||||||
| 20 | endorsement is available to teach and that actual | ||||||
| 21 | circumstances require such issuance. | ||||||
| 22 | A provisional career and technical educator | ||||||
| 23 | endorsement on an Educator License with Stipulations | ||||||
| 24 | is valid until June 30 immediately following 5 years | ||||||
| 25 | of the endorsement being issued and may be renewed. | ||||||
| 26 | An individual who holds a provisional career and | ||||||
| |||||||
| |||||||
| 1 | technical educator endorsement on an Educator License | ||||||
| 2 | with Stipulations may teach as a substitute teacher in | ||||||
| 3 | career and technical education classrooms. | ||||||
| 4 | (3) Substitute Teaching License. A Substitute Teaching | ||||||
| 5 | License may be issued to qualified applicants for | ||||||
| 6 | substitute teaching in all grades of the public schools, | ||||||
| 7 | prekindergarten through grade 12. Substitute Teaching | ||||||
| 8 | Licenses are not eligible for endorsements. Applicants for | ||||||
| 9 | a Substitute Teaching License must hold a bachelor's | ||||||
| 10 | degree or higher from a regionally accredited institution | ||||||
| 11 | of higher education or must be enrolled in an approved | ||||||
| 12 | educator preparation program in this State and have earned | ||||||
| 13 | at least 90 credit hours. | ||||||
| 14 | Substitute Teaching Licenses are valid for 5 years. | ||||||
| 15 | Substitute Teaching Licenses are valid for substitute | ||||||
| 16 | teaching in every county of this State. If an individual | ||||||
| 17 | has had his or her Professional Educator License or | ||||||
| 18 | Educator License with Stipulations suspended or revoked, | ||||||
| 19 | then that individual is not eligible to obtain a | ||||||
| 20 | Substitute Teaching License. | ||||||
| 21 | A substitute teacher may only teach in the place of a | ||||||
| 22 | licensed teacher who is under contract with the employing | ||||||
| 23 | board. If, however, there is no licensed teacher under | ||||||
| 24 | contract because of an emergency situation, then a | ||||||
| 25 | district may employ a substitute teacher for no longer | ||||||
| 26 | than 30 calendar days per each vacant position in the | ||||||
| |||||||
| |||||||
| 1 | district if the district notifies the appropriate regional | ||||||
| 2 | office of education within 5 business days after the | ||||||
| 3 | employment of the substitute teacher in the emergency | ||||||
| 4 | situation. An emergency situation is one in which an | ||||||
| 5 | unforeseen vacancy has occurred and (i) a teacher is | ||||||
| 6 | unable to fulfill his or her contractual duties or (ii) | ||||||
| 7 | teacher capacity needs of the district exceed previous | ||||||
| 8 | indications, and the district is actively engaged in | ||||||
| 9 | advertising to hire a fully licensed teacher for the | ||||||
| 10 | vacant position. | ||||||
| 11 | There is no limit on the number of days that a | ||||||
| 12 | substitute teacher may teach in a single school district, | ||||||
| 13 | provided that no substitute teacher may teach for longer | ||||||
| 14 | than 120 days beginning with the 2021-2022 school year | ||||||
| 15 | through the 2022-2023 school year, otherwise 90 school | ||||||
| 16 | days for any one licensed teacher under contract in the | ||||||
| 17 | same school year. A substitute teacher who holds a | ||||||
| 18 | Professional Educator License or Educator License with | ||||||
| 19 | Stipulations shall not teach for more than 120 school days | ||||||
| 20 | for any one licensed teacher under contract in the same | ||||||
| 21 | school year. The limitations in this paragraph (3) on the | ||||||
| 22 | number of days a substitute teacher may be employed do not | ||||||
| 23 | apply to any school district operating under Article 34 of | ||||||
| 24 | this Code. | ||||||
| 25 | A school district may not require an individual who | ||||||
| 26 | holds a valid Professional Educator License or Educator | ||||||
| |||||||
| |||||||
| 1 | License with Stipulations to seek or hold a Substitute | ||||||
| 2 | Teaching License to teach as a substitute teacher. | ||||||
| 3 | (4) Short-Term Substitute Teaching License. Beginning | ||||||
| 4 | on July 1, 2018 and until June 30, 2028, applicants may | ||||||
| 5 | apply to the State Board of Education for issuance of a | ||||||
| 6 | Short-Term Substitute Teaching License. A Short-Term | ||||||
| 7 | Substitute Teaching License may be issued to a qualified | ||||||
| 8 | applicant for substitute teaching in all grades of the | ||||||
| 9 | public schools, prekindergarten through grade 12. | ||||||
| 10 | Short-Term Substitute Teaching Licenses are not eligible | ||||||
| 11 | for endorsements. Applicants for a Short-Term Substitute | ||||||
| 12 | Teaching License must hold an associate's degree or have | ||||||
| 13 | completed at least 60 credit hours from a regionally | ||||||
| 14 | accredited institution of higher education. | ||||||
| 15 | Short-Term Substitute Teaching Licenses are valid for | ||||||
| 16 | substitute teaching in every county of this State. If an | ||||||
| 17 | individual has had his or her Professional Educator | ||||||
| 18 | License or Educator License with Stipulations suspended or | ||||||
| 19 | revoked, then that individual is not eligible to obtain a | ||||||
| 20 | Short-Term Substitute Teaching License. | ||||||
| 21 | The provisions of Sections 10-21.9 and 34-18.5 of this | ||||||
| 22 | Code apply to short-term substitute teachers. | ||||||
| 23 | An individual holding a Short-Term Substitute Teaching | ||||||
| 24 | License may teach no more than 15 consecutive days per | ||||||
| 25 | licensed teacher who is under contract. For teacher | ||||||
| 26 | absences lasting 6 or more days per licensed teacher who | ||||||
| |||||||
| |||||||
| 1 | is under contract, a school district may not hire an | ||||||
| 2 | individual holding a Short-Term Substitute Teaching | ||||||
| 3 | License, unless the Governor has declared a disaster due | ||||||
| 4 | to a public health emergency pursuant to Section 7 of the | ||||||
| 5 | Illinois Emergency Management Agency Act. An individual | ||||||
| 6 | holding a Short-Term Substitute Teaching License must | ||||||
| 7 | complete the training program under Section 10-20.67 or | ||||||
| 8 | 34-18.60 of this Code to be eligible to teach at a public | ||||||
| 9 | school. Short-Term Substitute Teaching Licenses Short-term | ||||||
| 10 | substitute teaching licenses under this Section are valid | ||||||
| 11 | for 5 years. | ||||||
| 12 | (Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; | ||||||
| 13 | 102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. | ||||||
| 14 | 5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; revised | ||||||
| 15 | 9-7-23.)
| ||||||
| 16 | (Text of Section after amendment by P.A. 103-193) | ||||||
| 17 | Sec. 21B-20. Types of licenses. The State Board of | ||||||
| 18 | Education shall implement a system of educator licensure, | ||||||
| 19 | whereby individuals employed in school districts who are | ||||||
| 20 | required to be licensed must have one of the following | ||||||
| 21 | licenses: (i) a professional educator license; (ii) an | ||||||
| 22 | educator license with stipulations; (iii) a substitute | ||||||
| 23 | teaching license; or (iv) until June 30, 2028, a short-term | ||||||
| 24 | substitute teaching license. References in law regarding | ||||||
| 25 | individuals certified or certificated or required to be | ||||||
| |||||||
| |||||||
| 1 | certified or certificated under Article 21 of this Code shall | ||||||
| 2 | also include individuals licensed or required to be licensed | ||||||
| 3 | under this Article. The first year of all licenses ends on June | ||||||
| 4 | 30 following one full year of the license being issued. | ||||||
| 5 | The State Board of Education, in consultation with the | ||||||
| 6 | State Educator Preparation and Licensure Board, may adopt such | ||||||
| 7 | rules as may be necessary to govern the requirements for | ||||||
| 8 | licenses and endorsements under this Section. | ||||||
| 9 | (1) Professional Educator License. Persons who (i) | ||||||
| 10 | have successfully completed an approved educator | ||||||
| 11 | preparation program and are recommended for licensure by | ||||||
| 12 | the Illinois institution offering the educator preparation | ||||||
| 13 | program, (ii) have successfully completed the required | ||||||
| 14 | testing under Section 21B-30 of this Code, (iii) have | ||||||
| 15 | successfully completed coursework on the psychology of, | ||||||
| 16 | the identification of, and the methods of instruction for | ||||||
| 17 | the exceptional child, including, without limitation, | ||||||
| 18 | children with learning disabilities, (iv) have | ||||||
| 19 | successfully completed coursework in methods of reading | ||||||
| 20 | and reading in the content area, and (v) have met all other | ||||||
| 21 | criteria established by rule of the State Board of | ||||||
| 22 | Education shall be issued a Professional Educator License. | ||||||
| 23 | All Professional Educator Licenses are valid until June 30 | ||||||
| 24 | immediately following 5 years of the license being issued. | ||||||
| 25 | The Professional Educator License shall be endorsed with | ||||||
| 26 | specific areas and grade levels in which the individual is | ||||||
| |||||||
| |||||||
| 1 | eligible to practice. For an early childhood education | ||||||
| 2 | endorsement, an individual may satisfy the student | ||||||
| 3 | teaching requirement of his or her early childhood teacher | ||||||
| 4 | preparation program through placement in a setting with | ||||||
| 5 | children from birth through grade 2, and the individual | ||||||
| 6 | may be paid and receive credit while student teaching. The | ||||||
| 7 | student teaching experience must meet the requirements of | ||||||
| 8 | and be approved by the individual's early childhood | ||||||
| 9 | teacher preparation program. | ||||||
| 10 | Individuals can receive subsequent endorsements on the | ||||||
| 11 | Professional Educator License. Subsequent endorsements | ||||||
| 12 | shall require a minimum of 24 semester hours of coursework | ||||||
| 13 | in the endorsement area and passage of the applicable | ||||||
| 14 | content area test, unless otherwise specified by rule. | ||||||
| 15 | (2) Educator License with Stipulations. An Educator | ||||||
| 16 | License with Stipulations shall be issued an endorsement | ||||||
| 17 | that limits the license holder to one particular position | ||||||
| 18 | or does not require completion of an approved educator | ||||||
| 19 | program or both. | ||||||
| 20 | An individual with an Educator License with | ||||||
| 21 | Stipulations must not be employed by a school district or | ||||||
| 22 | any other entity to replace any presently employed teacher | ||||||
| 23 | who otherwise would not be replaced for any reason. | ||||||
| 24 | An Educator License with Stipulations may be issued | ||||||
| 25 | with the following endorsements: | ||||||
| 26 | (A) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (B) Alternative provisional educator. An | ||||||
| 2 | alternative provisional educator endorsement on an | ||||||
| 3 | Educator License with Stipulations may be issued to an | ||||||
| 4 | applicant who, at the time of applying for the | ||||||
| 5 | endorsement, has done all of the following: | ||||||
| 6 | (i) Graduated from a regionally accredited | ||||||
| 7 | college or university with a minimum of a | ||||||
| 8 | bachelor's degree. | ||||||
| 9 | (ii) Successfully completed the first phase of | ||||||
| 10 | the Alternative Educator Licensure Program for | ||||||
| 11 | Teachers, as described in Section 21B-50 of this | ||||||
| 12 | Code. | ||||||
| 13 | (iii) Passed a content area test, as required | ||||||
| 14 | under Section 21B-30 of this Code. | ||||||
| 15 | The alternative provisional educator endorsement is | ||||||
| 16 | valid for 2 years of teaching and may be renewed for a | ||||||
| 17 | third year by an individual meeting the requirements set | ||||||
| 18 | forth in Section 21B-50 of this Code. | ||||||
| 19 | (C) Alternative provisional superintendent. An | ||||||
| 20 | alternative provisional superintendent endorsement on | ||||||
| 21 | an Educator License with Stipulations entitles the | ||||||
| 22 | holder to serve only as a superintendent or assistant | ||||||
| 23 | superintendent in a school district's central office. | ||||||
| 24 | This endorsement may only be issued to an applicant | ||||||
| 25 | who, at the time of applying for the endorsement, has | ||||||
| 26 | done all of the following: | ||||||
| |||||||
| |||||||
| 1 | (i) Graduated from a regionally accredited | ||||||
| 2 | college or university with a minimum of a master's | ||||||
| 3 | degree in a management field other than education. | ||||||
| 4 | (ii) Been employed for a period of at least 5 | ||||||
| 5 | years in a management level position in a field | ||||||
| 6 | other than education. | ||||||
| 7 | (iii) Successfully completed the first phase | ||||||
| 8 | of an alternative route to superintendent | ||||||
| 9 | endorsement program, as provided in Section 21B-55 | ||||||
| 10 | of this Code. | ||||||
| 11 | (iv) Passed a content area test required under | ||||||
| 12 | Section 21B-30 of this Code. | ||||||
| 13 | The endorsement is valid for 2 fiscal years in | ||||||
| 14 | order to complete one full year of serving as a | ||||||
| 15 | superintendent or assistant superintendent. | ||||||
| 16 | (D) (Blank). | ||||||
| 17 | (E) Career and technical educator. A career and | ||||||
| 18 | technical educator endorsement on an Educator License | ||||||
| 19 | with Stipulations may be issued to an applicant who | ||||||
| 20 | has a minimum of 60 semester hours of coursework from a | ||||||
| 21 | regionally accredited institution of higher education | ||||||
| 22 | or an accredited trade and technical institution and | ||||||
| 23 | has a minimum of 2,000 hours of experience outside of | ||||||
| 24 | education in each area to be taught. | ||||||
| 25 | The career and technical educator endorsement on | ||||||
| 26 | an Educator License with Stipulations is valid until | ||||||
| |||||||
| |||||||
| 1 | June 30 immediately following 5 years of the | ||||||
| 2 | endorsement being issued and may be renewed. | ||||||
| 3 | An individual who holds a valid career and | ||||||
| 4 | technical educator endorsement on an Educator License | ||||||
| 5 | with Stipulations but does not hold a bachelor's | ||||||
| 6 | degree may substitute teach in career and technical | ||||||
| 7 | education classrooms. | ||||||
| 8 | (F) (Blank). | ||||||
| 9 | (G) Transitional bilingual educator. A | ||||||
| 10 | transitional bilingual educator endorsement on an | ||||||
| 11 | Educator License with Stipulations may be issued for | ||||||
| 12 | the purpose of providing instruction in accordance | ||||||
| 13 | with Article 14C of this Code to an applicant who | ||||||
| 14 | provides satisfactory evidence that he or she meets | ||||||
| 15 | all of the following requirements: | ||||||
| 16 | (i) Possesses adequate speaking, reading, and | ||||||
| 17 | writing ability in the language other than English | ||||||
| 18 | in which transitional bilingual education is | ||||||
| 19 | offered. | ||||||
| 20 | (ii) Has the ability to successfully | ||||||
| 21 | communicate in English. | ||||||
| 22 | (iii) Either possessed, within 5 years | ||||||
| 23 | previous to his or her applying for a transitional | ||||||
| 24 | bilingual educator endorsement, a valid and | ||||||
| 25 | comparable teaching certificate or comparable | ||||||
| 26 | authorization issued by a foreign country or holds | ||||||
| |||||||
| |||||||
| 1 | a degree from an institution of higher learning in | ||||||
| 2 | a foreign country that the State Educator | ||||||
| 3 | Preparation and Licensure Board determines to be | ||||||
| 4 | the equivalent of a bachelor's degree from a | ||||||
| 5 | regionally accredited institution of higher | ||||||
| 6 | learning in the United States. | ||||||
| 7 | A transitional bilingual educator endorsement | ||||||
| 8 | shall be valid for prekindergarten through grade 12, | ||||||
| 9 | is valid until June 30 immediately following 5 years | ||||||
| 10 | of the endorsement being issued, and shall not be | ||||||
| 11 | renewed. | ||||||
| 12 | Persons holding a transitional bilingual educator | ||||||
| 13 | endorsement shall not be employed to replace any | ||||||
| 14 | presently employed teacher who otherwise would not be | ||||||
| 15 | replaced for any reason. | ||||||
| 16 | (H) Language endorsement. In an effort to | ||||||
| 17 | alleviate the shortage of teachers speaking a language | ||||||
| 18 | other than English in the public schools, an | ||||||
| 19 | individual who holds an Educator License with | ||||||
| 20 | Stipulations may also apply for a language | ||||||
| 21 | endorsement, provided that the applicant provides | ||||||
| 22 | satisfactory evidence that he or she meets all of the | ||||||
| 23 | following requirements: | ||||||
| 24 | (i) Holds a transitional bilingual | ||||||
| 25 | endorsement. | ||||||
| 26 | (ii) Has demonstrated proficiency in the | ||||||
| |||||||
| |||||||
| 1 | language for which the endorsement is to be issued | ||||||
| 2 | by passing the applicable language content test | ||||||
| 3 | required by the State Board of Education. | ||||||
| 4 | (iii) Holds a bachelor's degree or higher from | ||||||
| 5 | a regionally accredited institution of higher | ||||||
| 6 | education or, for individuals educated in a | ||||||
| 7 | country other than the United States, holds a | ||||||
| 8 | degree from an institution of higher learning in a | ||||||
| 9 | foreign country that the State Educator | ||||||
| 10 | Preparation and Licensure Board determines to be | ||||||
| 11 | the equivalent of a bachelor's degree from a | ||||||
| 12 | regionally accredited institution of higher | ||||||
| 13 | learning in the United States. | ||||||
| 14 | (iv) (Blank). | ||||||
| 15 | A language endorsement on an Educator License with | ||||||
| 16 | Stipulations is valid for prekindergarten through | ||||||
| 17 | grade 12 for the same validity period as the | ||||||
| 18 | individual's transitional bilingual educator | ||||||
| 19 | endorsement on the Educator License with Stipulations | ||||||
| 20 | and shall not be renewed. | ||||||
| 21 | (I) Visiting international educator. A visiting | ||||||
| 22 | international educator endorsement on an Educator | ||||||
| 23 | License with Stipulations may be issued to an | ||||||
| 24 | individual who is being recruited by a particular | ||||||
| 25 | school district that conducts formal recruitment | ||||||
| 26 | programs outside of the United States to secure the | ||||||
| |||||||
| |||||||
| 1 | services of qualified teachers and who meets all of | ||||||
| 2 | the following requirements: | ||||||
| 3 | (i) Holds the equivalent of a minimum of a | ||||||
| 4 | bachelor's degree issued in the United States. | ||||||
| 5 | (ii) Has been prepared as a teacher at the | ||||||
| 6 | grade level for which he or she will be employed. | ||||||
| 7 | (iii) Has adequate content knowledge in the | ||||||
| 8 | subject to be taught. | ||||||
| 9 | (iv) Has an adequate command of the English | ||||||
| 10 | language. | ||||||
| 11 | A holder of a visiting international educator | ||||||
| 12 | endorsement on an Educator License with Stipulations | ||||||
| 13 | shall be permitted to teach in bilingual education | ||||||
| 14 | programs in the language that was the medium of | ||||||
| 15 | instruction in his or her teacher preparation program, | ||||||
| 16 | provided that he or she passes the English Language | ||||||
| 17 | Proficiency Examination or another test of writing | ||||||
| 18 | skills in English identified by the State Board of | ||||||
| 19 | Education, in consultation with the State Educator | ||||||
| 20 | Preparation and Licensure Board. | ||||||
| 21 | A visiting international educator endorsement on | ||||||
| 22 | an Educator License with Stipulations is valid for 5 | ||||||
| 23 | years and shall not be renewed. | ||||||
| 24 | (J) Paraprofessional educator. A paraprofessional | ||||||
| 25 | educator endorsement on an Educator License with | ||||||
| 26 | Stipulations may be issued to an applicant who holds a | ||||||
| |||||||
| |||||||
| 1 | high school diploma or its recognized equivalent and | ||||||
| 2 | (i) holds an associate's degree or a minimum of 60 | ||||||
| 3 | semester hours of credit from a regionally accredited | ||||||
| 4 | institution of higher education; (ii) has passed a | ||||||
| 5 | paraprofessional competency test under subsection | ||||||
| 6 | (c-5) of Section 21B-30; or (iii) is at least 18 years | ||||||
| 7 | of age and will be using the Educator License with | ||||||
| 8 | Stipulations exclusively for grades prekindergarten | ||||||
| 9 | through grade 8, until the individual reaches the age | ||||||
| 10 | of 19 years and otherwise meets the criteria for a | ||||||
| 11 | paraprofessional educator endorsement pursuant to this | ||||||
| 12 | subparagraph (J). The paraprofessional educator | ||||||
| 13 | endorsement is valid until June 30 immediately | ||||||
| 14 | following 5 years of the endorsement being issued and | ||||||
| 15 | may be renewed through application and payment of the | ||||||
| 16 | appropriate fee, as required under Section 21B-40 of | ||||||
| 17 | this Code. An individual who holds only a | ||||||
| 18 | paraprofessional educator endorsement is not subject | ||||||
| 19 | to additional requirements in order to renew the | ||||||
| 20 | endorsement. | ||||||
| 21 | (K) Chief school business official. A chief school | ||||||
| 22 | business official endorsement on an Educator License | ||||||
| 23 | with Stipulations may be issued to an applicant who | ||||||
| 24 | qualifies by having a master's degree or higher, 2 | ||||||
| 25 | years of full-time administrative experience in school | ||||||
| 26 | business management or 2 years of university-approved | ||||||
| |||||||
| |||||||
| 1 | practical experience, and a minimum of 24 semester | ||||||
| 2 | hours of graduate credit in a program approved by the | ||||||
| 3 | State Board of Education for the preparation of school | ||||||
| 4 | business administrators and by passage of the | ||||||
| 5 | applicable State tests, including an applicable | ||||||
| 6 | content area test. | ||||||
| 7 | The chief school business official endorsement may | ||||||
| 8 | also be affixed to the Educator License with | ||||||
| 9 | Stipulations of any holder who qualifies by having a | ||||||
| 10 | master's degree in business administration, finance, | ||||||
| 11 | accounting, or public administration and who completes | ||||||
| 12 | an additional 6 semester hours of internship in school | ||||||
| 13 | business management from a regionally accredited | ||||||
| 14 | institution of higher education and passes the | ||||||
| 15 | applicable State tests, including an applicable | ||||||
| 16 | content area test. This endorsement shall be required | ||||||
| 17 | for any individual employed as a chief school business | ||||||
| 18 | official. | ||||||
| 19 | The chief school business official endorsement on | ||||||
| 20 | an Educator License with Stipulations is valid until | ||||||
| 21 | June 30 immediately following 5 years of the | ||||||
| 22 | endorsement being issued and may be renewed if the | ||||||
| 23 | license holder completes renewal requirements as | ||||||
| 24 | required for individuals who hold a Professional | ||||||
| 25 | Educator License endorsed for chief school business | ||||||
| 26 | official under Section 21B-45 of this Code and such | ||||||
| |||||||
| |||||||
| 1 | rules as may be adopted by the State Board of | ||||||
| 2 | Education. | ||||||
| 3 | The State Board of Education shall adopt any rules | ||||||
| 4 | necessary to implement Public Act 100-288. | ||||||
| 5 | (L) Provisional in-state educator. A provisional | ||||||
| 6 | in-state educator endorsement on an Educator License | ||||||
| 7 | with Stipulations may be issued to a candidate who has | ||||||
| 8 | completed an Illinois-approved educator preparation | ||||||
| 9 | program at an Illinois institution of higher education | ||||||
| 10 | and who has not successfully completed an | ||||||
| 11 | evidence-based assessment of teacher effectiveness but | ||||||
| 12 | who meets all of the following requirements: | ||||||
| 13 | (i) Holds at least a bachelor's degree. | ||||||
| 14 | (ii) Has completed an approved educator | ||||||
| 15 | preparation program at an Illinois institution. | ||||||
| 16 | (iii) Has passed an applicable content area | ||||||
| 17 | test, as required by Section 21B-30 of this Code. | ||||||
| 18 | (iv) Has attempted an evidence-based | ||||||
| 19 | assessment of teacher effectiveness and received a | ||||||
| 20 | minimum score on that assessment, as established | ||||||
| 21 | by the State Board of Education in consultation | ||||||
| 22 | with the State Educator Preparation and Licensure | ||||||
| 23 | Board. | ||||||
| 24 | A provisional in-state educator endorsement on an | ||||||
| 25 | Educator License with Stipulations is valid for one | ||||||
| 26 | full fiscal year after the date of issuance and may not | ||||||
| |||||||
| |||||||
| 1 | be renewed. | ||||||
| 2 | (M) (Blank). | ||||||
| 3 | (N) Specialized services. A specialized services | ||||||
| 4 | endorsement on an Educator License with Stipulations | ||||||
| 5 | may be issued as defined and specified by rule. | ||||||
| 6 | (O) Provisional career and technical educator. A | ||||||
| 7 | provisional career and technical educator endorsement | ||||||
| 8 | on an Educator License with Stipulations may be issued | ||||||
| 9 | to an applicant who has a minimum of 8,000 hours of | ||||||
| 10 | work experience in the skill for which the applicant | ||||||
| 11 | is seeking the endorsement. Each employing school | ||||||
| 12 | board and regional office of education shall provide | ||||||
| 13 | verification, in writing, to the State Superintendent | ||||||
| 14 | of Education at the time the application is submitted | ||||||
| 15 | that no qualified teacher holding a Professional | ||||||
| 16 | Educator License or an Educator License with | ||||||
| 17 | Stipulations with a career and technical educator | ||||||
| 18 | endorsement is available to teach and that actual | ||||||
| 19 | circumstances require such issuance. | ||||||
| 20 | A provisional career and technical educator | ||||||
| 21 | endorsement on an Educator License with Stipulations | ||||||
| 22 | is valid until June 30 immediately following 5 years | ||||||
| 23 | of the endorsement being issued and may be renewed. | ||||||
| 24 | An individual who holds a provisional career and | ||||||
| 25 | technical educator endorsement on an Educator License | ||||||
| 26 | with Stipulations may teach as a substitute teacher in | ||||||
| |||||||
| |||||||
| 1 | career and technical education classrooms. | ||||||
| 2 | (3) Substitute Teaching License. A Substitute Teaching | ||||||
| 3 | License may be issued to qualified applicants for | ||||||
| 4 | substitute teaching in all grades of the public schools, | ||||||
| 5 | prekindergarten through grade 12. Substitute Teaching | ||||||
| 6 | Licenses are not eligible for endorsements. Applicants for | ||||||
| 7 | a Substitute Teaching License must hold a bachelor's | ||||||
| 8 | degree or higher from a regionally accredited institution | ||||||
| 9 | of higher education or must be enrolled in an approved | ||||||
| 10 | educator preparation program in this State and have earned | ||||||
| 11 | at least 90 credit hours. | ||||||
| 12 | Substitute Teaching Licenses are valid for 5 years. | ||||||
| 13 | Substitute Teaching Licenses are valid for substitute | ||||||
| 14 | teaching in every county of this State. If an individual | ||||||
| 15 | has had his or her Professional Educator License or | ||||||
| 16 | Educator License with Stipulations suspended or revoked, | ||||||
| 17 | then that individual is not eligible to obtain a | ||||||
| 18 | Substitute Teaching License. | ||||||
| 19 | A substitute teacher may only teach in the place of a | ||||||
| 20 | licensed teacher who is under contract with the employing | ||||||
| 21 | board. If, however, there is no licensed teacher under | ||||||
| 22 | contract because of an emergency situation, then a | ||||||
| 23 | district may employ a substitute teacher for no longer | ||||||
| 24 | than 30 calendar days per each vacant position in the | ||||||
| 25 | district if the district notifies the appropriate regional | ||||||
| 26 | office of education within 5 business days after the | ||||||
| |||||||
| |||||||
| 1 | employment of the substitute teacher in that vacant | ||||||
| 2 | position. A district may continue to employ that same | ||||||
| 3 | substitute teacher in that same vacant position for 90 | ||||||
| 4 | calendar days or until the end of the semester, whichever | ||||||
| 5 | is greater, if, prior to the expiration of the | ||||||
| 6 | 30-calendar-day period then current, the district files a | ||||||
| 7 | written request with the appropriate regional office of | ||||||
| 8 | education for a 30-calendar-day extension on the basis | ||||||
| 9 | that the position remains vacant and the district | ||||||
| 10 | continues to actively seek qualified candidates and | ||||||
| 11 | provides documentation that it has provided training | ||||||
| 12 | specific to the position, including training on meeting | ||||||
| 13 | the needs of students with disabilities and English | ||||||
| 14 | learners if applicable. Each extension request shall be | ||||||
| 15 | granted in writing by the regional office of education. An | ||||||
| 16 | emergency situation is one in which an unforeseen vacancy | ||||||
| 17 | has occurred and (i) a teacher is unexpectedly unable to | ||||||
| 18 | fulfill his or her contractual duties or (ii) teacher | ||||||
| 19 | capacity needs of the district exceed previous indications | ||||||
| 20 | or vacancies are unfilled due to a lack of qualified | ||||||
| 21 | candidates, and the district is actively engaged in | ||||||
| 22 | advertising to hire a fully licensed teacher for the | ||||||
| 23 | vacant position. | ||||||
| 24 | There is no limit on the number of days that a | ||||||
| 25 | substitute teacher may teach in a single school district, | ||||||
| 26 | provided that no substitute teacher may teach for longer | ||||||
| |||||||
| |||||||
| 1 | than 120 days beginning with the 2021-2022 school year | ||||||
| 2 | through the 2022-2023 school year, otherwise 90 school | ||||||
| 3 | days for any one licensed teacher under contract in the | ||||||
| 4 | same school year. A substitute teacher who holds a | ||||||
| 5 | Professional Educator License or Educator License with | ||||||
| 6 | Stipulations shall not teach for more than 120 school days | ||||||
| 7 | for any one licensed teacher under contract in the same | ||||||
| 8 | school year. The limitations in this paragraph (3) on the | ||||||
| 9 | number of days a substitute teacher may be employed do not | ||||||
| 10 | apply to any school district operating under Article 34 of | ||||||
| 11 | this Code. | ||||||
| 12 | A school district may not require an individual who | ||||||
| 13 | holds a valid Professional Educator License or Educator | ||||||
| 14 | License with Stipulations to seek or hold a Substitute | ||||||
| 15 | Teaching License to teach as a substitute teacher. | ||||||
| 16 | (4) Short-Term Substitute Teaching License. Beginning | ||||||
| 17 | on July 1, 2018 and until June 30, 2028, applicants may | ||||||
| 18 | apply to the State Board of Education for issuance of a | ||||||
| 19 | Short-Term Substitute Teaching License. A Short-Term | ||||||
| 20 | Substitute Teaching License may be issued to a qualified | ||||||
| 21 | applicant for substitute teaching in all grades of the | ||||||
| 22 | public schools, prekindergarten through grade 12. | ||||||
| 23 | Short-Term Substitute Teaching Licenses are not eligible | ||||||
| 24 | for endorsements. Applicants for a Short-Term Substitute | ||||||
| 25 | Teaching License must hold an associate's degree or have | ||||||
| 26 | completed at least 60 credit hours from a regionally | ||||||
| |||||||
| |||||||
| 1 | accredited institution of higher education. | ||||||
| 2 | Short-Term Substitute Teaching Licenses are valid for | ||||||
| 3 | substitute teaching in every county of this State. If an | ||||||
| 4 | individual has had his or her Professional Educator | ||||||
| 5 | License or Educator License with Stipulations suspended or | ||||||
| 6 | revoked, then that individual is not eligible to obtain a | ||||||
| 7 | Short-Term Substitute Teaching License. | ||||||
| 8 | The provisions of Sections 10-21.9 and 34-18.5 of this | ||||||
| 9 | Code apply to short-term substitute teachers. | ||||||
| 10 | An individual holding a Short-Term Substitute Teaching | ||||||
| 11 | License may teach no more than 15 consecutive days per | ||||||
| 12 | licensed teacher who is under contract. For teacher | ||||||
| 13 | absences lasting 6 or more days per licensed teacher who | ||||||
| 14 | is under contract, a school district may not hire an | ||||||
| 15 | individual holding a Short-Term Substitute Teaching | ||||||
| 16 | License, unless the Governor has declared a disaster due | ||||||
| 17 | to a public health emergency pursuant to Section 7 of the | ||||||
| 18 | Illinois Emergency Management Agency Act. An individual | ||||||
| 19 | holding a Short-Term Substitute Teaching License must | ||||||
| 20 | complete the training program under Section 10-20.67 or | ||||||
| 21 | 34-18.60 of this Code to be eligible to teach at a public | ||||||
| 22 | school. Short-Term Substitute Teaching Licenses Short-term | ||||||
| 23 | substitute teaching licenses under this Section are valid | ||||||
| 24 | for 5 years. | ||||||
| 25 | (Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; | ||||||
| 26 | 102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. | ||||||
| |||||||
| |||||||
| 1 | 5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; | ||||||
| 2 | 103-193, eff. 1-1-24; revised 9-7-23.)
| ||||||
| 3 | (105 ILCS 5/22-96) | ||||||
| 4 | (This Section may contain text from a Public Act with a | ||||||
| 5 | delayed effective date) | ||||||
| 6 | Sec. 22-96 22-95. Hiring or assigning priority. | ||||||
| 7 | (a) When hiring or assigning physical education, music, | ||||||
| 8 | and visual arts educators, a school district must prioritize | ||||||
| 9 | the hiring or assigning of educators who hold an educator | ||||||
| 10 | license and endorsement in the those content area to be taught | ||||||
| 11 | areas. | ||||||
| 12 | (b) A licensed professional educator assigned to physical | ||||||
| 13 | education, music, or visual arts who does not hold an | ||||||
| 14 | endorsement in the content area to be taught licensure | ||||||
| 15 | applicant must acquire short-term approval under Part 25 of | ||||||
| 16 | Title 23 of the Illinois Administrative Code by the State | ||||||
| 17 | Board of Education pass the licensure content area test for | ||||||
| 18 | the content area he or she is assigned to teach or complete at | ||||||
| 19 | least 9 semester hours of coursework in the content area to be | ||||||
| 20 | taught prior to his or her assignment or employment start | ||||||
| 21 | date. If no short-term approval is available in the content | ||||||
| 22 | area to be taught, the licensed educator shall meet equivalent | ||||||
| 23 | criteria specified by the State Board of Education. In order | ||||||
| 24 | to retain his or her employment for subsequent school years, | ||||||
| 25 | the educator employee must acquire the full endorsement in the | ||||||
| |||||||
| |||||||
| 1 | content area to be taught prior to the end of the validity | ||||||
| 2 | period of the short-term approval complete the remaining hours | ||||||
| 3 | of coursework in the content area in which he or she is | ||||||
| 4 | teaching and apply for a license endorsement within 3 calendar | ||||||
| 5 | years after his or her employment start date. | ||||||
| 6 | (c) In the case of a reduction in force, a school district | ||||||
| 7 | may follow its employee contract language for filling | ||||||
| 8 | positions. | ||||||
| 9 | (d) Instead of holding the credentials specified in | ||||||
| 10 | subsection (a) or (b) of this Section, an educator assigned to | ||||||
| 11 | a position under this Section may meet any requirements set | ||||||
| 12 | forth under Title 23 of the Illinois Administrative Code as | ||||||
| 13 | applicable to the content area to be taught, except that | ||||||
| 14 | subsection (b) of Section 1.710 of Title 23 of the Illinois | ||||||
| 15 | Administrative Code does not apply to an educator assigned to | ||||||
| 16 | a position under this subsection (d). | ||||||
| 17 | (Source: P.A. 103-46, eff. 1-1-24; revised 9-25-23.)
| ||||||
| 18 | (105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3) | ||||||
| 19 | Sec. 27-20.3. Holocaust and Genocide Study. | ||||||
| 20 | (a) Every public elementary school and high school shall | ||||||
| 21 | include in its curriculum a unit of instruction studying the | ||||||
| 22 | events of the Nazi atrocities of 1933 to 1945. This period in | ||||||
| 23 | world history is known as the Holocaust, during which | ||||||
| 24 | 6,000,000 Jews and millions of non-Jews were exterminated. One | ||||||
| 25 | of the universal lessons of the Holocaust is that national, | ||||||
| |||||||
| |||||||
| 1 | ethnic, racial, or religious hatred can overtake any nation or | ||||||
| 2 | society, leading to calamitous consequences. To reinforce that | ||||||
| 3 | lesson, such curriculum shall include an additional unit of | ||||||
| 4 | instruction studying other acts of genocide across the globe. | ||||||
| 5 | This unit shall include, but not be limited to, the Native | ||||||
| 6 | American genocide in North America, the Armenian Genocide, the | ||||||
| 7 | Famine-Genocide in Ukraine, and more recent atrocities in | ||||||
| 8 | Cambodia, Bosnia, Rwanda, and Sudan. The studying of this | ||||||
| 9 | material is a reaffirmation of the commitment of free peoples | ||||||
| 10 | from all nations to never again permit the occurrence of | ||||||
| 11 | another Holocaust and a recognition that crimes of genocide | ||||||
| 12 | continue to be perpetrated across the globe as they have been | ||||||
| 13 | in the past and to deter indifference to crimes against | ||||||
| 14 | humanity and human suffering wherever they may occur. | ||||||
| 15 | (b) The State Superintendent of Education may prepare and | ||||||
| 16 | make available to all school boards instructional materials | ||||||
| 17 | which may be used as guidelines for development of a unit of | ||||||
| 18 | instruction under this Section; provided, however, that each | ||||||
| 19 | school board shall itself determine the minimum amount of | ||||||
| 20 | instruction time which shall qualify as a unit of instruction | ||||||
| 21 | satisfying the requirements of this Section. | ||||||
| 22 | Instructional materials that include the addition of | ||||||
| 23 | content related to the Native American genocide in North | ||||||
| 24 | America shall be prepared and made available to all school | ||||||
| 25 | boards on the State Board of Education's Internet website no | ||||||
| 26 | later than July 1, 2024 January 1, 2025. Notwithstanding | ||||||
| |||||||
| |||||||
| 1 | subsection (a) of this Section, a school is not required to | ||||||
| 2 | teach the additional content related to the Native American | ||||||
| 3 | genocide in North America until instructional materials are | ||||||
| 4 | made available on the State Board's Internet website. | ||||||
| 5 | Instructional materials related to the Native American | ||||||
| 6 | genocide in North America shall be developed in consultation | ||||||
| 7 | with members of the Chicago American Indian Community | ||||||
| 8 | Collaborative who are members of a federally recognized tribe, | ||||||
| 9 | are documented descendants of Indigenous communities, or are | ||||||
| 10 | other persons recognized as contributing community members by | ||||||
| 11 | the Chicago American Indian Community Collaborative and who | ||||||
| 12 | currently reside in this State or their designees. | ||||||
| 13 | (Source: P.A. 103-422, eff. 8-4-23.)
| ||||||
| 14 | (105 ILCS 5/27-21) (from Ch. 122, par. 27-21) | ||||||
| 15 | Sec. 27-21. History of United States. | ||||||
| 16 | (a) History of the United States shall be taught in all | ||||||
| 17 | public schools and in all other educational institutions in | ||||||
| 18 | this State supported or maintained, in whole or in part, by | ||||||
| 19 | public funds. | ||||||
| 20 | The teaching of history shall have as one of its | ||||||
| 21 | objectives the imparting to pupils of a comprehensive idea of | ||||||
| 22 | our democratic form of government and the principles for which | ||||||
| 23 | our government stands as regards other nations, including the | ||||||
| 24 | studying of the place of our government in world-wide | ||||||
| 25 | movements and the leaders thereof, with particular stress upon | ||||||
| |||||||
| |||||||
| 1 | the basic principles and ideals of our representative form of | ||||||
| 2 | government. | ||||||
| 3 | The teaching of history shall include a study of the role | ||||||
| 4 | and contributions of African Americans and other ethnic | ||||||
| 5 | groups, including, but not restricted to, Native Americans, | ||||||
| 6 | Polish, Lithuanian, German, Hungarian, Irish, Bohemian, | ||||||
| 7 | Russian, Albanian, Italian, Czech, Slovak, French, Scots, | ||||||
| 8 | Hispanics, Asian Americans, etc., in the history of this | ||||||
| 9 | country and this State. To reinforce the study of the role and | ||||||
| 10 | contributions of Hispanics, such curriculum shall include the | ||||||
| 11 | study of the events related to the forceful removal and | ||||||
| 12 | illegal deportation of Mexican-American U.S. citizens during | ||||||
| 13 | the Great Depression. | ||||||
| 14 | The teaching of history shall also include teaching about | ||||||
| 15 | Native American nations' sovereignty and self-determination, | ||||||
| 16 | both historically and in the present day, with a focus on urban | ||||||
| 17 | Native Americans. | ||||||
| 18 | In public schools only, the teaching of history shall | ||||||
| 19 | include a study of the roles and contributions of lesbian, | ||||||
| 20 | gay, bisexual, and transgender people in the history of this | ||||||
| 21 | country and this State. | ||||||
| 22 | The teaching of history also shall include a study of the | ||||||
| 23 | role of labor unions and their interaction with government in | ||||||
| 24 | achieving the goals of a mixed free enterprise system. | ||||||
| 25 | Beginning with the 2020-2021 school year, the teaching of | ||||||
| 26 | history must also include instruction on the history of | ||||||
| |||||||
| |||||||
| 1 | Illinois. | ||||||
| 2 | The teaching of history shall include the contributions | ||||||
| 3 | made to society by Americans of different faith practices, | ||||||
| 4 | including, but not limited to, Native Americans, Muslim | ||||||
| 5 | Americans, Jewish Americans, Christian Americans, Hindu | ||||||
| 6 | Americans, Sikh Americans, Buddhist Americans, and any other | ||||||
| 7 | collective community of faith that has shaped America. | ||||||
| 8 | (b) No pupils shall be graduated from the eighth grade of | ||||||
| 9 | any public school unless the pupils have received instruction | ||||||
| 10 | in the history of the United States as provided in this Section | ||||||
| 11 | and give evidence of having a comprehensive knowledge thereof, | ||||||
| 12 | which may be administered remotely. | ||||||
| 13 | (c) The State Superintendent of Education may prepare and | ||||||
| 14 | make available to all school boards instructional materials | ||||||
| 15 | that may be used as guidelines for the development of | ||||||
| 16 | instruction under this Section; however, each school board | ||||||
| 17 | shall itself determine the minimum amount of instructional | ||||||
| 18 | time required for satisfying the requirements of this Section. | ||||||
| 19 | Instructional materials that include the addition of content | ||||||
| 20 | related to Native Americans shall be prepared by the State | ||||||
| 21 | Superintendent of Education and made available to all school | ||||||
| 22 | boards on the State Board of Education's Internet website no | ||||||
| 23 | later than July 1, 2024 January 1, 2025. These instructional | ||||||
| 24 | materials may be used by school boards as guidelines for the | ||||||
| 25 | development of instruction under this Section; however, each | ||||||
| 26 | school board shall itself determine the minimum amount of | ||||||
| |||||||
| |||||||
| 1 | instructional time for satisfying the requirements of this | ||||||
| 2 | Section. Notwithstanding subsections (a) and (b) of this | ||||||
| 3 | Section, a school or other educational institution is not | ||||||
| 4 | required to teach and a pupil is not required to learn the | ||||||
| 5 | additional content related to Native Americans until | ||||||
| 6 | instructional materials are made available on the State | ||||||
| 7 | Board's Internet website. | ||||||
| 8 | Instructional materials related to Native Americans shall | ||||||
| 9 | be developed in consultation with members of the Chicago | ||||||
| 10 | American Indian Community Collaborative who are members of a | ||||||
| 11 | federally recognized tribe, are documented descendants of | ||||||
| 12 | Indigenous communities, or are other persons recognized as | ||||||
| 13 | contributing community members by the Chicago American Indian | ||||||
| 14 | Community Collaborative and who currently reside in this | ||||||
| 15 | State. | ||||||
| 16 | (Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23.)
| ||||||
| 17 | Section 40. The Child Care Act of 1969 is amended by | ||||||
| 18 | changing Sections 2.06 and 2.17 and by adding Section 2.35 as | ||||||
| 19 | follows:
| ||||||
| 20 | (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06) | ||||||
| 21 | Sec. 2.06. "Child care institution" means a child care | ||||||
| 22 | facility where more than 7 children are received and | ||||||
| 23 | maintained for the purpose of providing them with care or | ||||||
| 24 | training or both. The term "child care institution" includes | ||||||
| |||||||
| |||||||
| 1 | residential schools, primarily serving ambulatory children | ||||||
| 2 | with disabilities, and those operating a full calendar year, | ||||||
| 3 | but does not include: | ||||||
| 4 | (a) any State-operated institution for child care | ||||||
| 5 | established by legislative action; | ||||||
| 6 | (b) any juvenile detention or shelter care home | ||||||
| 7 | established and operated by any county or child protection | ||||||
| 8 | district established under the "Child Protection Act"; | ||||||
| 9 | (c) any institution, home, place or facility operating | ||||||
| 10 | under a license pursuant to the Nursing Home Care Act, the | ||||||
| 11 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
| 12 | ID/DD Community Care Act, or the MC/DD Act; | ||||||
| 13 | (d) any bona fide boarding school in which children | ||||||
| 14 | are primarily taught branches of education corresponding | ||||||
| 15 | to those taught in public schools, grades one through 12, | ||||||
| 16 | or taught in public elementary schools, high schools, or | ||||||
| 17 | both elementary and high schools, and which operates on a | ||||||
| 18 | regular academic school year basis; or | ||||||
| 19 | (e) any facility licensed as a "group home" as defined | ||||||
| 20 | in this Act; or . | ||||||
| 21 | (f) any qualified residential treatment program. | ||||||
| 22 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||||||
| 23 | 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
| ||||||
| 24 | (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17) | ||||||
| 25 | Sec. 2.17. "Foster family home" means the home of an | ||||||
| |||||||
| |||||||
| 1 | individual or family: | ||||||
| 2 | (1) that is licensed or approved by the state in which it | ||||||
| 3 | is situated as a foster family home that meets the standards | ||||||
| 4 | established for the licensing or approval; and | ||||||
| 5 | (2) in which a child in foster care has been placed in the | ||||||
| 6 | care of an individual who resides with the child and who has | ||||||
| 7 | been licensed or approved by the state to be a foster parent | ||||||
| 8 | and: | ||||||
| 9 | (A) who the Department of Children and Family Services | ||||||
| 10 | deems capable of adhering to the reasonable and prudent | ||||||
| 11 | parent standard; | ||||||
| 12 | (B) who provides 24-hour substitute care for children | ||||||
| 13 | placed away from their parents or other caretakers; and | ||||||
| 14 | (3) who provides the care for a facility for child care in | ||||||
| 15 | residences of families who receive no more than 6 children | ||||||
| 16 | unrelated to them, unless all the children are of common | ||||||
| 17 | parentage, or residences of relatives who receive no more than | ||||||
| 18 | 6 related children placed by the Department, unless the | ||||||
| 19 | children are of common parentage, for the purpose of providing | ||||||
| 20 | family care and training for the children on a full-time | ||||||
| 21 | basis, except the Director of Children and Family Services, | ||||||
| 22 | pursuant to Department regulations, may waive the numerical | ||||||
| 23 | limitation of foster children who may be cared for in a foster | ||||||
| 24 | family home for any of the following reasons to allow: (i) (1) | ||||||
| 25 | a parenting youth in foster care to remain with the child of | ||||||
| 26 | the parenting youth; (ii) (2) siblings to remain together; | ||||||
| |||||||
| |||||||
| 1 | (iii) (3) a child with an established meaningful relationship | ||||||
| 2 | with the family to remain with the family; or (iv) (4) a family | ||||||
| 3 | with special training or skills to provide care to a child who | ||||||
| 4 | has a severe disability. The family's or relative's own | ||||||
| 5 | children, under 18 years of age, shall be included in | ||||||
| 6 | determining the maximum number of children served. | ||||||
| 7 | For purposes of this Section, a "relative" includes any | ||||||
| 8 | person, 21 years of age or over, other than the parent, who (i) | ||||||
| 9 | is currently related to the child in any of the following ways | ||||||
| 10 | by blood or adoption: grandparent, sibling, great-grandparent, | ||||||
| 11 | uncle, aunt, nephew, niece, first cousin, great-uncle, or | ||||||
| 12 | great-aunt; or (ii) is the spouse of such a relative; or (iii) | ||||||
| 13 | is a child's step-father, step-mother, or adult step-brother | ||||||
| 14 | or step-sister; or (iv) is a fictive kin; "relative" also | ||||||
| 15 | includes a person related in any of the foregoing ways to a | ||||||
| 16 | sibling of a child, even though the person is not related to | ||||||
| 17 | the child, when the child and its sibling are placed together | ||||||
| 18 | with that person. For purposes of placement of children | ||||||
| 19 | pursuant to Section 7 of the Children and Family Services Act | ||||||
| 20 | and for purposes of licensing requirements set forth in | ||||||
| 21 | Section 4 of this Act, for children under the custody or | ||||||
| 22 | guardianship of the Department pursuant to the Juvenile Court | ||||||
| 23 | Act of 1987, after a parent signs a consent, surrender, or | ||||||
| 24 | waiver or after a parent's rights are otherwise terminated, | ||||||
| 25 | and while the child remains in the custody or guardianship of | ||||||
| 26 | the Department, the child is considered to be related to those | ||||||
| |||||||
| |||||||
| 1 | to whom the child was related under this Section prior to the | ||||||
| 2 | signing of the consent, surrender, or waiver or the order of | ||||||
| 3 | termination of parental rights. | ||||||
| 4 | The term "foster family home" includes homes receiving | ||||||
| 5 | children from any State-operated institution for child care; | ||||||
| 6 | or from any agency established by a municipality or other | ||||||
| 7 | political subdivision of the State of Illinois authorized to | ||||||
| 8 | provide care for children outside their own homes. The term | ||||||
| 9 | "foster family home" does not include an "adoption-only home" | ||||||
| 10 | as defined in Section 2.23 of this Act. The types of foster | ||||||
| 11 | family homes are defined as follows: | ||||||
| 12 | (a) "Boarding home" means a foster family home which | ||||||
| 13 | receives payment for regular full-time care of a child or | ||||||
| 14 | children. | ||||||
| 15 | (b) "Free home" means a foster family home other than | ||||||
| 16 | an adoptive home which does not receive payments for the | ||||||
| 17 | care of a child or children. | ||||||
| 18 | (c) "Adoptive home" means a foster family home which | ||||||
| 19 | receives a child or children for the purpose of adopting | ||||||
| 20 | the child or children, but does not include an | ||||||
| 21 | adoption-only home. | ||||||
| 22 | (d) "Work-wage home" means a foster family home which | ||||||
| 23 | receives a child or children who pay part or all of their | ||||||
| 24 | board by rendering some services to the family not | ||||||
| 25 | prohibited by the Child Labor Law or by standards or | ||||||
| 26 | regulations of the Department prescribed under this Act. | ||||||
| |||||||
| |||||||
| 1 | The child or children may receive a wage in connection | ||||||
| 2 | with the services rendered the foster family. | ||||||
| 3 | (e) "Agency-supervised home" means a foster family | ||||||
| 4 | home under the direct and regular supervision of a | ||||||
| 5 | licensed child welfare agency, of the Department of | ||||||
| 6 | Children and Family Services, of a circuit court, or of | ||||||
| 7 | any other State agency which has authority to place | ||||||
| 8 | children in child care facilities, and which receives no | ||||||
| 9 | more than 8 children, unless of common parentage, who are | ||||||
| 10 | placed and are regularly supervised by one of the | ||||||
| 11 | specified agencies. | ||||||
| 12 | (f) "Independent home" means a foster family home, | ||||||
| 13 | other than an adoptive home, which receives no more than 4 | ||||||
| 14 | children, unless of common parentage, directly from | ||||||
| 15 | parents, or other legally responsible persons, by | ||||||
| 16 | independent arrangement and which is not subject to direct | ||||||
| 17 | and regular supervision of a specified agency except as | ||||||
| 18 | such supervision pertains to licensing by the Department. | ||||||
| 19 | (g) "Host home" means an emergency foster family home | ||||||
| 20 | under the direction and regular supervision of a licensed | ||||||
| 21 | child welfare agency, contracted to provide short-term | ||||||
| 22 | crisis intervention services to youth served under the | ||||||
| 23 | Comprehensive Community-Based Youth Services program, | ||||||
| 24 | under the direction of the Department of Human Services. | ||||||
| 25 | The youth shall not be under the custody or guardianship | ||||||
| 26 | of the Department pursuant to the Juvenile Court Act of | ||||||
| |||||||
| |||||||
| 1 | 1987. | ||||||
| 2 | (Source: P.A. 101-63, eff. 7-12-19; 102-688, eff. 7-1-22.)
| ||||||
| 3 | (225 ILCS 10/2.35 new) | ||||||
| 4 | Sec. 2.35. "Qualified residential treatment program" means | ||||||
| 5 | a program that: | ||||||
| 6 | (1) has a trauma-informed treatment model that is designed | ||||||
| 7 | to address the needs, including clinical needs as appropriate, | ||||||
| 8 | of children with serious emotional or behavioral disorders or | ||||||
| 9 | disturbances and, with respect to a child, is able to | ||||||
| 10 | implement the treatment identified for the child by the | ||||||
| 11 | assessment of the child required under 42 U.S.C. 675a(c); | ||||||
| 12 | (2) whether by acquisition of direct employment or | ||||||
| 13 | otherwise, has registered or licensed nursing staff and other | ||||||
| 14 | licensed clinical staff who: | ||||||
| 15 | (A) provide care within the scope of their practice as | ||||||
| 16 | defined by law; | ||||||
| 17 | (B) are located on-site; and | ||||||
| 18 | (C) are available 24 hours a day, 7 days a week; | ||||||
| 19 | (3) to the extent appropriate, and in accordance with the | ||||||
| 20 | child's best interests, facilitates participation of family | ||||||
| 21 | members in the child's treatment program; | ||||||
| 22 | (4) facilitates outreach to the family members of the | ||||||
| 23 | child, including siblings, documents how the outreach is made, | ||||||
| 24 | including contact information, and maintains contact | ||||||
| 25 | information for any known biological family and fictive kin of | ||||||
| |||||||
| |||||||
| 1 | the child; | ||||||
| 2 | (5) documents how family members are integrated into the | ||||||
| 3 | treatment process for the child, including post-discharge, and | ||||||
| 4 | how sibling connections are maintained; | ||||||
| 5 | (6) provides discharge planning and family-based aftercare | ||||||
| 6 | support for at least 6 months post-discharge; and | ||||||
| 7 | (7) is licensed in accordance with this Act and is | ||||||
| 8 | accredited by any of the following independent, not-for-profit | ||||||
| 9 | organizations: | ||||||
| 10 | (A) the Commission on Accreditation of Rehabilitation | ||||||
| 11 | Facilities; | ||||||
| 12 | (B) the Joint Commission; | ||||||
| 13 | (C) the Council on Accreditation; or | ||||||
| 14 | (D) any other independent, not-for-profit accrediting | ||||||
| 15 | organization approved by the Secretary of Health and Human | ||||||
| 16 | Services as described in 42 U.S.C. 672 (k)(4).
| ||||||
| 17 | Section 45. The Juvenile Court Act of 1987 is amended by | ||||||
| 18 | changing Section 1-3 as follows:
| ||||||
| 19 | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3) | ||||||
| 20 | Sec. 1-3. Definitions. Terms used in this Act, unless the | ||||||
| 21 | context otherwise requires, have the following meanings | ||||||
| 22 | ascribed to them: | ||||||
| 23 | (1) "Adjudicatory hearing" means a hearing to determine | ||||||
| 24 | whether the allegations of a petition under Section 2-13, | ||||||
| |||||||
| |||||||
| 1 | 3-15, or 4-12 that a minor under 18 years of age is abused, | ||||||
| 2 | neglected, or dependent, or requires authoritative | ||||||
| 3 | intervention, or addicted, respectively, are supported by a | ||||||
| 4 | preponderance of the evidence or whether the allegations of a | ||||||
| 5 | petition under Section 5-520 that a minor is delinquent are | ||||||
| 6 | proved beyond a reasonable doubt. | ||||||
| 7 | (2) "Adult" means a person 21 years of age or older. | ||||||
| 8 | (3) "Agency" means a public or private child care facility | ||||||
| 9 | legally authorized or licensed by this State for placement or | ||||||
| 10 | institutional care or for both placement and institutional | ||||||
| 11 | care. | ||||||
| 12 | (4) "Association" means any organization, public or | ||||||
| 13 | private, engaged in welfare functions which include services | ||||||
| 14 | to or on behalf of children but does not include "agency" as | ||||||
| 15 | herein defined. | ||||||
| 16 | (4.05) Whenever a "best interest" determination is | ||||||
| 17 | required, the following factors shall be considered in the | ||||||
| 18 | context of the child's age and developmental needs: | ||||||
| 19 | (a) the physical safety and welfare of the child, | ||||||
| 20 | including food, shelter, health, and clothing; | ||||||
| 21 | (b) the development of the child's identity; | ||||||
| 22 | (c) the child's background and ties, including | ||||||
| 23 | familial, cultural, and religious; | ||||||
| 24 | (d) the child's sense of attachments, including: | ||||||
| 25 | (i) where the child actually feels love, | ||||||
| 26 | attachment, and a sense of being valued (as opposed to | ||||||
| |||||||
| |||||||
| 1 | where adults believe the child should feel such love, | ||||||
| 2 | attachment, and a sense of being valued); | ||||||
| 3 | (ii) the child's sense of security; | ||||||
| 4 | (iii) the child's sense of familiarity; | ||||||
| 5 | (iv) continuity of affection for the child; | ||||||
| 6 | (v) the least disruptive placement alternative for | ||||||
| 7 | the child; | ||||||
| 8 | (e) the child's wishes and long-term goals; | ||||||
| 9 | (f) the child's community ties, including church, | ||||||
| 10 | school, and friends; | ||||||
| 11 | (g) the child's need for permanence which includes the | ||||||
| 12 | child's need for stability and continuity of relationships | ||||||
| 13 | with parent figures and with siblings and other relatives; | ||||||
| 14 | (h) the uniqueness of every family and child; | ||||||
| 15 | (i) the risks attendant to entering and being in | ||||||
| 16 | substitute care; and | ||||||
| 17 | (j) the preferences of the persons available to care | ||||||
| 18 | for the child. | ||||||
| 19 | (4.1) "Chronic truant" shall have the definition ascribed | ||||||
| 20 | to it in Section 26-2a of the School Code. | ||||||
| 21 | (5) "Court" means the circuit court in a session or | ||||||
| 22 | division assigned to hear proceedings under this Act. | ||||||
| 23 | (6) "Dispositional hearing" means a hearing to determine | ||||||
| 24 | whether a minor should be adjudged to be a ward of the court, | ||||||
| 25 | and to determine what order of disposition should be made in | ||||||
| 26 | respect to a minor adjudged to be a ward of the court. | ||||||
| |||||||
| |||||||
| 1 | (6.5) "Dissemination" or "disseminate" means to publish, | ||||||
| 2 | produce, print, manufacture, distribute, sell, lease, exhibit, | ||||||
| 3 | broadcast, display, transmit, or otherwise share information | ||||||
| 4 | in any format so as to make the information accessible to | ||||||
| 5 | others. | ||||||
| 6 | (7) "Emancipated minor" means any minor 16 years of age or | ||||||
| 7 | over who has been completely or partially emancipated under | ||||||
| 8 | the Emancipation of Minors Act or under this Act. | ||||||
| 9 | (7.03) "Expunge" means to physically destroy the records | ||||||
| 10 | and to obliterate the minor's name from any official index, | ||||||
| 11 | public record, or electronic database. | ||||||
| 12 | (7.05) "Foster parent" includes a relative caregiver | ||||||
| 13 | selected by the Department of Children and Family Services to | ||||||
| 14 | provide care for the minor. | ||||||
| 15 | (8) "Guardianship of the person" of a minor means the duty | ||||||
| 16 | and authority to act in the best interests of the minor, | ||||||
| 17 | subject to residual parental rights and responsibilities, to | ||||||
| 18 | make important decisions in matters having a permanent effect | ||||||
| 19 | on the life and development of the minor and to be concerned | ||||||
| 20 | with the minor's general welfare. It includes but is not | ||||||
| 21 | necessarily limited to: | ||||||
| 22 | (a) the authority to consent to marriage, to | ||||||
| 23 | enlistment in the armed forces of the United States, or to | ||||||
| 24 | a major medical, psychiatric, and surgical treatment; to | ||||||
| 25 | represent the minor in legal actions; and to make other | ||||||
| 26 | decisions of substantial legal significance concerning the | ||||||
| |||||||
| |||||||
| 1 | minor; | ||||||
| 2 | (b) the authority and duty of reasonable visitation, | ||||||
| 3 | except to the extent that these have been limited in the | ||||||
| 4 | best interests of the minor by court order; | ||||||
| 5 | (c) the rights and responsibilities of legal custody | ||||||
| 6 | except where legal custody has been vested in another | ||||||
| 7 | person or agency; and | ||||||
| 8 | (d) the power to consent to the adoption of the minor, | ||||||
| 9 | but only if expressly conferred on the guardian in | ||||||
| 10 | accordance with Section 2-29, 3-30, or 4-27. | ||||||
| 11 | (8.1) "Juvenile court record" includes, but is not limited | ||||||
| 12 | to: | ||||||
| 13 | (a) all documents filed in or maintained by the | ||||||
| 14 | juvenile court pertaining to a specific incident, | ||||||
| 15 | proceeding, or individual; | ||||||
| 16 | (b) all documents relating to a specific incident, | ||||||
| 17 | proceeding, or individual made available to or maintained | ||||||
| 18 | by probation officers; | ||||||
| 19 | (c) all documents, video or audio tapes, photographs, | ||||||
| 20 | and exhibits admitted into evidence at juvenile court | ||||||
| 21 | hearings; or | ||||||
| 22 | (d) all documents, transcripts, records, reports, or | ||||||
| 23 | other evidence prepared by, maintained by, or released by | ||||||
| 24 | any municipal, county, or State agency or department, in | ||||||
| 25 | any format, if indicating involvement with the juvenile | ||||||
| 26 | court relating to a specific incident, proceeding, or | ||||||
| |||||||
| |||||||
| 1 | individual. | ||||||
| 2 | (8.2) "Juvenile law enforcement record" includes records | ||||||
| 3 | of arrest, station adjustments, fingerprints, probation | ||||||
| 4 | adjustments, the issuance of a notice to appear, or any other | ||||||
| 5 | records or documents maintained by any law enforcement agency | ||||||
| 6 | relating to a minor suspected of committing an offense, and | ||||||
| 7 | records maintained by a law enforcement agency that identifies | ||||||
| 8 | a juvenile as a suspect in committing an offense, but does not | ||||||
| 9 | include records identifying a juvenile as a victim, witness, | ||||||
| 10 | or missing juvenile and any records created, maintained, or | ||||||
| 11 | used for purposes of referral to programs relating to | ||||||
| 12 | diversion as defined in subsection (6) of Section 5-105. | ||||||
| 13 | (9) "Legal custody" means the relationship created by an | ||||||
| 14 | order of court in the best interests of the minor which imposes | ||||||
| 15 | on the custodian the responsibility of physical possession of | ||||||
| 16 | a minor and the duty to protect, train and discipline the minor | ||||||
| 17 | and to provide the minor with food, shelter, education, and | ||||||
| 18 | ordinary medical care, except as these are limited by residual | ||||||
| 19 | parental rights and responsibilities and the rights and | ||||||
| 20 | responsibilities of the guardian of the person, if any. | ||||||
| 21 | (9.1) "Mentally capable adult relative" means a person 21 | ||||||
| 22 | years of age or older who is not suffering from a mental | ||||||
| 23 | illness that prevents the person from providing the care | ||||||
| 24 | necessary to safeguard the physical safety and welfare of a | ||||||
| 25 | minor who is left in that person's care by the parent or | ||||||
| 26 | parents or other person responsible for the minor's welfare. | ||||||
| |||||||
| |||||||
| 1 | (10) "Minor" means a person under the age of 21 years | ||||||
| 2 | subject to this Act. | ||||||
| 3 | (11) "Parent" means a father or mother of a child and | ||||||
| 4 | includes any adoptive parent. It also includes a person (i) | ||||||
| 5 | whose parentage is presumed or has been established under the | ||||||
| 6 | law of this or another jurisdiction or (ii) who has registered | ||||||
| 7 | with the Putative Father Registry in accordance with Section | ||||||
| 8 | 12.1 of the Adoption Act and whose paternity has not been ruled | ||||||
| 9 | out under the law of this or another jurisdiction. It does not | ||||||
| 10 | include a parent whose rights in respect to the minor have been | ||||||
| 11 | terminated in any manner provided by law. It does not include a | ||||||
| 12 | person who has been or could be determined to be a parent under | ||||||
| 13 | the Illinois Parentage Act of 1984 or the Illinois Parentage | ||||||
| 14 | Act of 2015, or similar parentage law in any other state, if | ||||||
| 15 | that person has been convicted of or pled nolo contendere to a | ||||||
| 16 | crime that resulted in the conception of the child under | ||||||
| 17 | Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, | ||||||
| 18 | 12-14.1, subsection (a) or (b) (but not subsection (c)) of | ||||||
| 19 | Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or | ||||||
| 20 | (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the | ||||||
| 21 | Criminal Code of 1961 or the Criminal Code of 2012, or similar | ||||||
| 22 | statute in another jurisdiction unless upon motion of any | ||||||
| 23 | party, other than the offender, to the juvenile court | ||||||
| 24 | proceedings the court finds it is in the child's best interest | ||||||
| 25 | to deem the offender a parent for purposes of the juvenile | ||||||
| 26 | court proceedings. | ||||||
| |||||||
| |||||||
| 1 | (11.1) "Permanency goal" means a goal set by the court as | ||||||
| 2 | defined in subdivision (2) of Section 2-28. | ||||||
| 3 | (11.2) "Permanency hearing" means a hearing to set the | ||||||
| 4 | permanency goal and to review and determine (i) the | ||||||
| 5 | appropriateness of the services contained in the plan and | ||||||
| 6 | whether those services have been provided, (ii) whether | ||||||
| 7 | reasonable efforts have been made by all the parties to the | ||||||
| 8 | service plan to achieve the goal, and (iii) whether the plan | ||||||
| 9 | and goal have been achieved. | ||||||
| 10 | (12) "Petition" means the petition provided for in Section | ||||||
| 11 | 2-13, 3-15, 4-12, or 5-520, including any supplemental | ||||||
| 12 | petitions thereunder in Section 3-15, 4-12, or 5-520. | ||||||
| 13 | (12.1) "Physically capable adult relative" means a person | ||||||
| 14 | 21 years of age or older who does not have a severe physical | ||||||
| 15 | disability or medical condition, or is not suffering from | ||||||
| 16 | alcoholism or drug addiction, that prevents the person from | ||||||
| 17 | providing the care necessary to safeguard the physical safety | ||||||
| 18 | and welfare of a minor who is left in that person's care by the | ||||||
| 19 | parent or parents or other person responsible for the minor's | ||||||
| 20 | welfare. | ||||||
| 21 | (12.2) "Post Permanency Sibling Contact Agreement" has the | ||||||
| 22 | meaning ascribed to the term in Section 7.4 of the Children and | ||||||
| 23 | Family Services Act. | ||||||
| 24 | (12.3) "Residential treatment center" means a licensed | ||||||
| 25 | setting that provides 24-hour care to children in a group home | ||||||
| 26 | or institution, including a facility licensed as a child care | ||||||
| |||||||
| |||||||
| 1 | institution under Section 2.06 of the Child Care Act of 1969, a | ||||||
| 2 | licensed group home under Section 2.16 of the Child Care Act of | ||||||
| 3 | 1969, a qualified residential treatment program under Section | ||||||
| 4 | 2.35 of the Child Care Act of 1969, a secure child care | ||||||
| 5 | facility as defined in paragraph (18) of this Section, or any | ||||||
| 6 | similar facility in another state. "Residential treatment | ||||||
| 7 | center" does not include a relative foster home or a licensed | ||||||
| 8 | foster family home. | ||||||
| 9 | (13) "Residual parental rights and responsibilities" means | ||||||
| 10 | those rights and responsibilities remaining with the parent | ||||||
| 11 | after the transfer of legal custody or guardianship of the | ||||||
| 12 | person, including, but not necessarily limited to, the right | ||||||
| 13 | to reasonable visitation (which may be limited by the court in | ||||||
| 14 | the best interests of the minor as provided in subsection | ||||||
| 15 | (8)(b) of this Section), the right to consent to adoption, the | ||||||
| 16 | right to determine the minor's religious affiliation, and the | ||||||
| 17 | responsibility for the minor's support. | ||||||
| 18 | (14) "Shelter" means the temporary care of a minor in | ||||||
| 19 | physically unrestricting facilities pending court disposition | ||||||
| 20 | or execution of court order for placement. | ||||||
| 21 | (14.05) "Shelter placement" means a temporary or emergency | ||||||
| 22 | placement for a minor, including an emergency foster home | ||||||
| 23 | placement. | ||||||
| 24 | (14.1) "Sibling Contact Support Plan" has the meaning | ||||||
| 25 | ascribed to the term in Section 7.4 of the Children and Family | ||||||
| 26 | Services Act. | ||||||
| |||||||
| |||||||
| 1 | (14.2) "Significant event report" means a written document | ||||||
| 2 | describing an occurrence or event beyond the customary | ||||||
| 3 | operations, routines, or relationships in the Department of | ||||||
| 4 | Children of Family Services, a child care facility, or other | ||||||
| 5 | entity that is licensed or regulated by the Department of | ||||||
| 6 | Children of Family Services or that provides services for the | ||||||
| 7 | Department of Children of Family Services under a grant, | ||||||
| 8 | contract, or purchase of service agreement; involving children | ||||||
| 9 | or youth, employees, foster parents, or relative caregivers; | ||||||
| 10 | allegations of abuse or neglect or any other incident raising | ||||||
| 11 | a concern about the well-being of a minor under the | ||||||
| 12 | jurisdiction of the court under Article II of the Juvenile | ||||||
| 13 | Court Act of 1987; incidents involving damage to property, | ||||||
| 14 | allegations of criminal activity, misconduct, or other | ||||||
| 15 | occurrences affecting the operations of the Department of | ||||||
| 16 | Children of Family Services or a child care facility; any | ||||||
| 17 | incident that could have media impact; and unusual incidents | ||||||
| 18 | as defined by Department of Children and Family Services rule. | ||||||
| 19 | (15) "Station adjustment" means the informal handling of | ||||||
| 20 | an alleged offender by a juvenile police officer. | ||||||
| 21 | (16) "Ward of the court" means a minor who is so adjudged | ||||||
| 22 | under Section 2-22, 3-23, 4-20, or 5-705, after a finding of | ||||||
| 23 | the requisite jurisdictional facts, and thus is subject to the | ||||||
| 24 | dispositional powers of the court under this Act. | ||||||
| 25 | (17) "Juvenile police officer" means a sworn police | ||||||
| 26 | officer who has completed a Basic Recruit Training Course, has | ||||||
| |||||||
| |||||||
| 1 | been assigned to the position of juvenile police officer by | ||||||
| 2 | the officer's chief law enforcement officer and has completed | ||||||
| 3 | the necessary juvenile officers training as prescribed by the | ||||||
| 4 | Illinois Law Enforcement Training Standards Board, or in the | ||||||
| 5 | case of a State police officer, juvenile officer training | ||||||
| 6 | approved by the Director of the Illinois State Police. | ||||||
| 7 | (18) "Secure child care facility" means any child care | ||||||
| 8 | facility licensed by the Department of Children and Family | ||||||
| 9 | Services to provide secure living arrangements for children | ||||||
| 10 | under 18 years of age who are subject to placement in | ||||||
| 11 | facilities under the Children and Family Services Act and who | ||||||
| 12 | are not subject to placement in facilities for whom standards | ||||||
| 13 | are established by the Department of Corrections under Section | ||||||
| 14 | 3-15-2 of the Unified Code of Corrections. "Secure child care | ||||||
| 15 | facility" also means a facility that is designed and operated | ||||||
| 16 | to ensure that all entrances and exits from the facility, a | ||||||
| 17 | building, or a distinct part of the building are under the | ||||||
| 18 | exclusive control of the staff of the facility, whether or not | ||||||
| 19 | the child has the freedom of movement within the perimeter of | ||||||
| 20 | the facility, building, or distinct part of the building. | ||||||
| 21 | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; | ||||||
| 22 | revised 9-20-23.)
| ||||||
| 23 | Section 50. The Unified Code of Corrections is amended by | ||||||
| 24 | changing Section 5-4.5-110 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/5-4.5-110) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2024) | ||||||
| 3 | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH | ||||||
| 4 | PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. | ||||||
| 5 | (a) DEFINITIONS. For the purposes of this Section: | ||||||
| 6 | "Firearm" has the meaning ascribed to it in Section | ||||||
| 7 | 1.1 of the Firearm Owners Identification Card Act. | ||||||
| 8 | "Qualifying predicate offense" means the following | ||||||
| 9 | offenses under the Criminal Code of 2012: | ||||||
| 10 | (A) aggravated unlawful use of a weapon under | ||||||
| 11 | Section 24-1.6 or similar offense under the Criminal | ||||||
| 12 | Code of 1961, when the weapon is a firearm; | ||||||
| 13 | (B) unlawful use or possession of a weapon by a | ||||||
| 14 | felon under Section 24-1.1 or similar offense under | ||||||
| 15 | the Criminal Code of 1961, when the weapon is a | ||||||
| 16 | firearm; | ||||||
| 17 | (C) first degree murder under Section 9-1 or | ||||||
| 18 | similar offense under the Criminal Code of 1961; | ||||||
| 19 | (D) attempted first degree murder with a firearm | ||||||
| 20 | or similar offense under the Criminal Code of 1961; | ||||||
| 21 | (E) aggravated kidnapping with a firearm under | ||||||
| 22 | paragraph (6) or (7) of subsection (a) of Section 10-2 | ||||||
| 23 | or similar offense under the Criminal Code of 1961; | ||||||
| 24 | (F) aggravated battery with a firearm under | ||||||
| 25 | subsection (e) of Section 12-3.05 or similar offense | ||||||
| 26 | under the Criminal Code of 1961; | ||||||
| |||||||
| |||||||
| 1 | (G) aggravated criminal sexual assault under | ||||||
| 2 | Section 11-1.30 or similar offense under the Criminal | ||||||
| 3 | Code of 1961; | ||||||
| 4 | (H) predatory criminal sexual assault of a child | ||||||
| 5 | under Section 11-1.40 or similar offense under the | ||||||
| 6 | Criminal Code of 1961; | ||||||
| 7 | (I) armed robbery under Section 18-2 or similar | ||||||
| 8 | offense under the Criminal Code of 1961; | ||||||
| 9 | (J) vehicular hijacking under Section 18-3 or | ||||||
| 10 | similar offense under the Criminal Code of 1961; | ||||||
| 11 | (K) aggravated vehicular hijacking under Section | ||||||
| 12 | 18-4 or similar offense under the Criminal Code of | ||||||
| 13 | 1961; | ||||||
| 14 | (L) home invasion with a firearm under paragraph | ||||||
| 15 | (3), (4), or (5) of subsection (a) of Section 19-6 or | ||||||
| 16 | similar offense under the Criminal Code of 1961; | ||||||
| 17 | (M) aggravated discharge of a firearm under | ||||||
| 18 | Section 24-1.2 or similar offense under the Criminal | ||||||
| 19 | Code of 1961; | ||||||
| 20 | (N) aggravated discharge of a machine gun or a | ||||||
| 21 | firearm equipped with a device designed or used for | ||||||
| 22 | silencing the report of a firearm under Section | ||||||
| 23 | 24-1.2-5 or similar offense under the Criminal Code of | ||||||
| 24 | 1961; | ||||||
| 25 | (0) unlawful use of firearm projectiles under | ||||||
| 26 | Section 24-2.1 or similar offense under the Criminal | ||||||
| |||||||
| |||||||
| 1 | Code of 1961; | ||||||
| 2 | (P) manufacture, sale, or transfer of bullets or | ||||||
| 3 | shells represented to be armor piercing bullets, | ||||||
| 4 | dragon's breath shotgun shells, bolo shells, or | ||||||
| 5 | flechette shells under Section 24-2.2 or similar | ||||||
| 6 | offense under the Criminal Code of 1961; | ||||||
| 7 | (Q) unlawful sale or delivery of firearms under | ||||||
| 8 | Section 24-3 or similar offense under the Criminal | ||||||
| 9 | Code of 1961; | ||||||
| 10 | (R) unlawful discharge of firearm projectiles | ||||||
| 11 | under Section 24-3.2 or similar offense under the | ||||||
| 12 | Criminal Code of 1961; | ||||||
| 13 | (S) unlawful sale or delivery of firearms on | ||||||
| 14 | school premises of any school under Section 24-3.3 or | ||||||
| 15 | similar offense under the Criminal Code of 1961; | ||||||
| 16 | (T) unlawful purchase of a firearm under Section | ||||||
| 17 | 24-3.5 or similar offense under the Criminal Code of | ||||||
| 18 | 1961; | ||||||
| 19 | (U) use of a stolen firearm in the commission of an | ||||||
| 20 | offense under Section 24-3.7 or similar offense under | ||||||
| 21 | the Criminal Code of 1961; | ||||||
| 22 | (V) possession of a stolen firearm under Section | ||||||
| 23 | 24-3.8 or similar offense under the Criminal Code of | ||||||
| 24 | 1961; | ||||||
| 25 | (W) aggravated possession of a stolen firearm | ||||||
| 26 | under Section 24-3.9 or similar offense under the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 1961; | ||||||
| 2 | (X) gunrunning under Section 24-3A or similar | ||||||
| 3 | offense under the Criminal Code of 1961; | ||||||
| 4 | (Y) defacing identification marks of firearms | ||||||
| 5 | under Section 24-5 or similar offense under the | ||||||
| 6 | Criminal Code of 1961; and | ||||||
| 7 | (Z) armed violence under Section 33A-2 or similar | ||||||
| 8 | offense under the Criminal Code of 1961. | ||||||
| 9 | (b) APPLICABILITY. For an offense committed on or after | ||||||
| 10 | January 1, 2018 (the effective date of Public Act 100-3) and | ||||||
| 11 | before January 1, 2025 2024, when a person is convicted of | ||||||
| 12 | unlawful use or possession of a weapon by a felon, when the | ||||||
| 13 | weapon is a firearm, or aggravated unlawful use of a weapon, | ||||||
| 14 | when the weapon is a firearm, after being previously convicted | ||||||
| 15 | of a qualifying predicate offense the person shall be subject | ||||||
| 16 | to the sentencing guidelines under this Section. | ||||||
| 17 | (c) SENTENCING GUIDELINES. | ||||||
| 18 | (1) When a person is convicted of unlawful use or | ||||||
| 19 | possession of a weapon by a felon, when the weapon is a | ||||||
| 20 | firearm, and that person has been previously convicted of | ||||||
| 21 | a qualifying predicate offense, the person shall be | ||||||
| 22 | sentenced to a term of imprisonment within the sentencing | ||||||
| 23 | range of not less than 7 years and not more than 14 years, | ||||||
| 24 | unless the court finds that a departure from the | ||||||
| 25 | sentencing guidelines under this paragraph is warranted | ||||||
| 26 | under subsection (d) of this Section. | ||||||
| |||||||
| |||||||
| 1 | (2) When a person is convicted of aggravated unlawful | ||||||
| 2 | use of a weapon, when the weapon is a firearm, and that | ||||||
| 3 | person has been previously convicted of a qualifying | ||||||
| 4 | predicate offense, the person shall be sentenced to a term | ||||||
| 5 | of imprisonment within the sentencing range of not less | ||||||
| 6 | than 6 years and not more than 7 years, unless the court | ||||||
| 7 | finds that a departure from the sentencing guidelines | ||||||
| 8 | under this paragraph is warranted under subsection (d) of | ||||||
| 9 | this Section. | ||||||
| 10 | (3) The sentencing guidelines in paragraphs (1) and | ||||||
| 11 | (2) of this subsection (c) apply only to offenses | ||||||
| 12 | committed on and after January 1, 2018 (the effective date | ||||||
| 13 | of Public Act 100-3) and before January 1, 2025 2024. | ||||||
| 14 | (d) DEPARTURE FROM SENTENCING GUIDELINES. | ||||||
| 15 | (1) At the sentencing hearing conducted under Section | ||||||
| 16 | 5-4-1 of this Code, the court may depart from the | ||||||
| 17 | sentencing guidelines provided in subsection (c) of this | ||||||
| 18 | Section and impose a sentence otherwise authorized by law | ||||||
| 19 | for the offense if the court, after considering any factor | ||||||
| 20 | under paragraph (2) of this subsection (d) relevant to the | ||||||
| 21 | nature and circumstances of the crime and to the history | ||||||
| 22 | and character of the defendant, finds on the record | ||||||
| 23 | substantial and compelling justification that the sentence | ||||||
| 24 | within the sentencing guidelines would be unduly harsh and | ||||||
| 25 | that a sentence otherwise authorized by law would be | ||||||
| 26 | consistent with public safety and does not deprecate the | ||||||
| |||||||
| |||||||
| 1 | seriousness of the offense. | ||||||
| 2 | (2) In deciding whether to depart from the sentencing | ||||||
| 3 | guidelines under this paragraph, the court shall consider: | ||||||
| 4 | (A) the age, immaturity, or limited mental | ||||||
| 5 | capacity of the defendant at the time of commission of | ||||||
| 6 | the qualifying predicate or current offense, including | ||||||
| 7 | whether the defendant was suffering from a mental or | ||||||
| 8 | physical condition insufficient to constitute a | ||||||
| 9 | defense but significantly reduced the defendant's | ||||||
| 10 | culpability; | ||||||
| 11 | (B) the nature and circumstances of the qualifying | ||||||
| 12 | predicate offense; | ||||||
| 13 | (C) the time elapsed since the qualifying | ||||||
| 14 | predicate offense; | ||||||
| 15 | (D) the nature and circumstances of the current | ||||||
| 16 | offense; | ||||||
| 17 | (E) the defendant's prior criminal history; | ||||||
| 18 | (F) whether the defendant committed the qualifying | ||||||
| 19 | predicate or current offense under specific and | ||||||
| 20 | credible duress, coercion, threat, or compulsion; | ||||||
| 21 | (G) whether the defendant aided in the | ||||||
| 22 | apprehension of another felon or testified truthfully | ||||||
| 23 | on behalf of another prosecution of a felony; and | ||||||
| 24 | (H) whether departure is in the interest of the | ||||||
| 25 | person's rehabilitation, including employment or | ||||||
| 26 | educational or vocational training, after taking into | ||||||
| |||||||
| |||||||
| 1 | account any past rehabilitation efforts or | ||||||
| 2 | dispositions of probation or supervision, and the | ||||||
| 3 | defendant's cooperation or response to rehabilitation. | ||||||
| 4 | (3) When departing from the sentencing guidelines | ||||||
| 5 | under this Section, the court shall specify on the record, | ||||||
| 6 | the particular evidence, information, factor or factors, | ||||||
| 7 | or other reasons which led to the departure from the | ||||||
| 8 | sentencing guidelines. When departing from the sentencing | ||||||
| 9 | range in accordance with this subsection (d), the court | ||||||
| 10 | shall indicate on the sentencing order which departure | ||||||
| 11 | factor or factors outlined in paragraph (2) of this | ||||||
| 12 | subsection (d) led to the sentence imposed. The sentencing | ||||||
| 13 | order shall be filed with the clerk of the court and shall | ||||||
| 14 | be a public record. | ||||||
| 15 | (e) This Section is repealed on January 1, 2025 2024. | ||||||
| 16 | (Source: P.A. 102-1109, eff. 12-21-22.)
| ||||||
| 17 | Section 55. The Crime Victims Compensation Act is amended | ||||||
| 18 | by changing Sections 2 and 10.1 as follows:
| ||||||
| 19 | (740 ILCS 45/2) | ||||||
| 20 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 21 | context otherwise requires: | ||||||
| 22 | (a) "Applicant" means any of the following claiming | ||||||
| 23 | compensation under this Act: a victim, a person who was a | ||||||
| 24 | dependent of a deceased victim of a crime of violence for the | ||||||
| |||||||
| |||||||
| 1 | person's support at the time of the death of that victim, a | ||||||
| 2 | person who legally assumes the obligation or who voluntarily | ||||||
| 3 | pays the medical or the funeral or burial expenses incurred as | ||||||
| 4 | a direct result of the crime, and any other person who applies | ||||||
| 5 | for compensation under this Act or any person the Court of | ||||||
| 6 | Claims or the Attorney General finds is entitled to | ||||||
| 7 | compensation, including the guardian of a minor or of a person | ||||||
| 8 | under legal disability. It includes any person who was a | ||||||
| 9 | dependent of a deceased victim of a crime of violence for his | ||||||
| 10 | or her support at the time of the death of that victim. | ||||||
| 11 | The changes made to this subsection by Public Act 101-652 | ||||||
| 12 | apply to actions commenced or pending on or after January 1, | ||||||
| 13 | 2022. | ||||||
| 14 | (b) "Court of Claims" means the Court of Claims created by | ||||||
| 15 | the Court of Claims Act. | ||||||
| 16 | (c) "Crime of violence" means and includes any offense | ||||||
| 17 | defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||||||
| 18 | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
| 19 | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | ||||||
| 20 | 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, | ||||||
| 21 | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | ||||||
| 22 | 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | ||||||
| 23 | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | ||||||
| 24 | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | ||||||
| 25 | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | ||||||
| 26 | the Cemetery Protection Act, Section 125 of the Stalking No | ||||||
| |||||||
| |||||||
| 1 | Contact Order Act, Section 219 of the Civil No Contact Order | ||||||
| 2 | Act, driving under the influence as defined in Section 11-501 | ||||||
| 3 | of the Illinois Vehicle Code, a violation of Section 11-401 of | ||||||
| 4 | the Illinois Vehicle Code, provided the victim was a | ||||||
| 5 | pedestrian or was operating a vehicle moved solely by human | ||||||
| 6 | power or a mobility device at the time of contact, and a | ||||||
| 7 | violation of Section 11-204.1 of the Illinois Vehicle Code; so | ||||||
| 8 | long as the offense did not occur during a civil riot, | ||||||
| 9 | insurrection or rebellion. "Crime of violence" does not | ||||||
| 10 | include any other offense or crash involving a motor vehicle | ||||||
| 11 | except those vehicle offenses specifically provided for in | ||||||
| 12 | this paragraph. "Crime of violence" does include all of the | ||||||
| 13 | offenses specifically provided for in this paragraph that | ||||||
| 14 | occur within this State but are subject to federal | ||||||
| 15 | jurisdiction and crimes involving terrorism as defined in 18 | ||||||
| 16 | U.S.C. 2331. | ||||||
| 17 | (d) "Victim" means (1) a person killed or injured in this | ||||||
| 18 | State as a result of a crime of violence perpetrated or | ||||||
| 19 | attempted against him or her, (2) the spouse, parent, or child | ||||||
| 20 | of a person killed or injured in this State as a result of a | ||||||
| 21 | crime of violence perpetrated or attempted against the person, | ||||||
| 22 | or anyone living in the household of a person killed or injured | ||||||
| 23 | in a relationship that is substantially similar to that of a | ||||||
| 24 | parent, spouse, or child, (3) a person killed or injured in | ||||||
| 25 | this State while attempting to assist a person against whom a | ||||||
| 26 | crime of violence is being perpetrated or attempted, if that | ||||||
| |||||||
| |||||||
| 1 | attempt of assistance would be expected of a reasonable person | ||||||
| 2 | under the circumstances, (4) a person killed or injured in | ||||||
| 3 | this State while assisting a law enforcement official | ||||||
| 4 | apprehend a person who has perpetrated a crime of violence or | ||||||
| 5 | prevent the perpetration of any such crime if that assistance | ||||||
| 6 | was in response to the express request of the law enforcement | ||||||
| 7 | official, (5) a person who personally witnessed a violent | ||||||
| 8 | crime, (5.05) a person who will be called as a witness by the | ||||||
| 9 | prosecution to establish a necessary nexus between the | ||||||
| 10 | offender and the violent crime, (5.1) solely for the purpose | ||||||
| 11 | of compensating for pecuniary loss incurred for psychological | ||||||
| 12 | treatment of a mental or emotional condition caused or | ||||||
| 13 | aggravated by the crime, any other person under the age of 18 | ||||||
| 14 | who is the brother, sister, half brother, or half sister of a | ||||||
| 15 | person killed or injured in this State as a result of a crime | ||||||
| 16 | of violence, (6) an Illinois resident who is a victim of a | ||||||
| 17 | "crime of violence" as defined in this Act except, if the crime | ||||||
| 18 | occurred outside this State, the resident has the same rights | ||||||
| 19 | under this Act as if the crime had occurred in this State upon | ||||||
| 20 | a showing that the state, territory, country, or political | ||||||
| 21 | subdivision of a country in which the crime occurred does not | ||||||
| 22 | have a compensation of victims of crimes law for which that | ||||||
| 23 | Illinois resident is eligible, (7) the parent, spouse, or | ||||||
| 24 | child of a deceased person whose body is dismembered or whose | ||||||
| 25 | remains are desecrated as the result of a crime of violence, or | ||||||
| 26 | (8) (blank) solely for the purpose of compensating for | ||||||
| |||||||
| |||||||
| 1 | pecuniary loss incurred for psychological treatment of a | ||||||
| 2 | mental or emotional condition caused or aggravated by the | ||||||
| 3 | crime, any parent, spouse, or child under the age of 18 of a | ||||||
| 4 | deceased person whose body is dismembered or whose remains are | ||||||
| 5 | desecrated as the result of a crime of violence. | ||||||
| 6 | (e) "Dependent" means a relative of a deceased victim who | ||||||
| 7 | was wholly or partially dependent upon the victim's income at | ||||||
| 8 | the time of his or her death and shall include the child of a | ||||||
| 9 | victim born after his or her death. | ||||||
| 10 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
| 11 | stepfather, stepmother, child, grandchild, brother, | ||||||
| 12 | brother-in-law, sister, sister-in-law, half brother, half | ||||||
| 13 | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | ||||||
| 14 | living in the household of a person killed or injured in a | ||||||
| 15 | relationship that is substantially similar to that of a | ||||||
| 16 | parent, spouse, or child. | ||||||
| 17 | (g) "Child" means a son or daughter and includes a | ||||||
| 18 | stepchild, an adopted child or a child born out of wedlock. | ||||||
| 19 | (h) "Pecuniary loss" means: , | ||||||
| 20 | (1) in the case of injury, appropriate medical | ||||||
| 21 | expenses and hospital expenses including expenses of | ||||||
| 22 | medical examinations, rehabilitation, medically required | ||||||
| 23 | nursing care expenses, appropriate psychiatric care or | ||||||
| 24 | psychiatric counseling expenses, appropriate expenses for | ||||||
| 25 | care or counseling by a licensed clinical psychologist, | ||||||
| 26 | licensed clinical social worker, licensed professional | ||||||
| |||||||
| |||||||
| 1 | counselor, or licensed clinical professional counselor and | ||||||
| 2 | expenses for treatment by Christian Science practitioners | ||||||
| 3 | and nursing care appropriate thereto; | ||||||
| 4 | (2) transportation expenses to and from medical and | ||||||
| 5 | counseling treatment facilities; | ||||||
| 6 | (3) prosthetic appliances, eyeglasses, and hearing | ||||||
| 7 | aids necessary or damaged as a result of the crime; | ||||||
| 8 | (4) expenses incurred for the towing and storage of a | ||||||
| 9 | victim's vehicle in connection with a crime of violence, | ||||||
| 10 | to a maximum of $1,000; | ||||||
| 11 | (5) costs associated with trafficking tattoo removal | ||||||
| 12 | by a person authorized or licensed to perform the specific | ||||||
| 13 | removal procedure; | ||||||
| 14 | (6) replacement costs for clothing and bedding used as | ||||||
| 15 | evidence; | ||||||
| 16 | (7) costs associated with temporary lodging or | ||||||
| 17 | relocation necessary as a result of the crime, including, | ||||||
| 18 | but not limited to, the first 2 months' month's rent and | ||||||
| 19 | security deposit of the dwelling that the claimant | ||||||
| 20 | relocated to and other reasonable relocation expenses | ||||||
| 21 | incurred as a result of the violent crime; | ||||||
| 22 | (8) locks or windows necessary or damaged as a result | ||||||
| 23 | of the crime; | ||||||
| 24 | (9) the purchase, lease, or rental of equipment | ||||||
| 25 | necessary to create usability of and accessibility to the | ||||||
| 26 | victim's real and personal property, or the real and | ||||||
| |||||||
| |||||||
| 1 | personal property which is used by the victim, necessary | ||||||
| 2 | as a result of the crime; "real and personal property" | ||||||
| 3 | includes, but is not limited to, vehicles, houses, | ||||||
| 4 | apartments, townhouses, or condominiums; | ||||||
| 5 | (10) the costs of appropriate crime scene clean-up; | ||||||
| 6 | (11) replacement services loss, to a maximum of $1,250 | ||||||
| 7 | per month, with this amount to be divided in proportion to | ||||||
| 8 | the amount of the actual loss among those entitled to | ||||||
| 9 | compensation; | ||||||
| 10 | (12) dependents replacement services loss, to a | ||||||
| 11 | maximum of $1,250 per month, with this amount to be | ||||||
| 12 | divided in proportion to the amount of the actual loss | ||||||
| 13 | among those entitled to compensation; | ||||||
| 14 | (13) loss of tuition paid to attend grammar school or | ||||||
| 15 | high school when the victim had been enrolled as a student | ||||||
| 16 | prior to the injury, or college or graduate school when | ||||||
| 17 | the victim had been enrolled as a day or night student | ||||||
| 18 | prior to the injury when the victim becomes unable to | ||||||
| 19 | continue attendance at school as a result of the crime of | ||||||
| 20 | violence perpetrated against him or her; | ||||||
| 21 | (14) loss of earnings, loss of future earnings because | ||||||
| 22 | of disability resulting from the injury. Loss of future | ||||||
| 23 | earnings shall be reduced by any income from substitute | ||||||
| 24 | work actually performed by the victim or by income the | ||||||
| 25 | victim would have earned in available appropriate | ||||||
| 26 | substitute work the victim was capable of performing but | ||||||
| |||||||
| |||||||
| 1 | unreasonably failed to undertake; loss of earnings and | ||||||
| 2 | loss of future earnings shall be determined on the basis | ||||||
| 3 | of the victim's average net monthly earnings for the 6 | ||||||
| 4 | months immediately preceding the date of the injury or on | ||||||
| 5 | $2,400 per month, whichever is less, or, in cases where | ||||||
| 6 | the absences commenced more than 3 years from the date of | ||||||
| 7 | the crime, on the basis of the net monthly earnings for the | ||||||
| 8 | 6 months immediately preceding the date of the first | ||||||
| 9 | absence, not to exceed $2,400 per month; , | ||||||
| 10 | (15) loss of support of the dependents of the victim. | ||||||
| 11 | Loss of support shall be determined on the basis of the | ||||||
| 12 | victim's average net monthly earnings for the 6 months | ||||||
| 13 | immediately preceding the date of the injury or on $2,400 | ||||||
| 14 | per month, whichever is less, or, in cases where the | ||||||
| 15 | absences commenced more than 3 years from the date of the | ||||||
| 16 | crime, on the basis of the net monthly earnings for the 6 | ||||||
| 17 | months immediately preceding the date of the first | ||||||
| 18 | absence, not to exceed $2,400 per month. If a divorced or | ||||||
| 19 | legally separated applicant is claiming loss of support | ||||||
| 20 | for a minor child of the deceased, the amount of support | ||||||
| 21 | for each child shall be based either on the amount of | ||||||
| 22 | support pursuant to the judgment prior to the date of the | ||||||
| 23 | deceased victim's injury or death, or, if the subject of | ||||||
| 24 | pending litigation filed by or on behalf of the divorced | ||||||
| 25 | or legally separated applicant prior to the injury or | ||||||
| 26 | death, on the result of that litigation. Loss of support | ||||||
| |||||||
| |||||||
| 1 | for minors shall be divided in proportion to the amount of | ||||||
| 2 | the actual loss among those entitled to such compensation; | ||||||
| 3 | (16) and, in addition, in the case of death, expenses | ||||||
| 4 | for reasonable funeral, burial, and travel and transport | ||||||
| 5 | for survivors of homicide victims to secure bodies of | ||||||
| 6 | deceased victims and to transport bodies for burial all of | ||||||
| 7 | which may be awarded up to a maximum of $10,000 for each | ||||||
| 8 | victim. Other individuals that have paid or become | ||||||
| 9 | obligated to pay funeral or burial expenses for the | ||||||
| 10 | deceased shall share a maximum award of $10,000, with the | ||||||
| 11 | award divided in proportion to the amount of the actual | ||||||
| 12 | loss among those entitled to compensation; and and loss of | ||||||
| 13 | support of the dependents of the victim; | ||||||
| 14 | (17) in the case of dismemberment or desecration of a | ||||||
| 15 | body, expenses for reasonable funeral and burial, all of | ||||||
| 16 | which may be awarded up to a maximum of $10,000 for each | ||||||
| 17 | victim. Other individuals that have paid or become | ||||||
| 18 | obligated to pay funeral or burial expenses for the | ||||||
| 19 | deceased shall share a maximum award of $10,000, with the | ||||||
| 20 | award divided in proportion to the amount of the actual | ||||||
| 21 | loss among those entitled to compensation. Loss of future | ||||||
| 22 | earnings shall be reduced by any income from substitute | ||||||
| 23 | work actually performed by the victim or by income he or | ||||||
| 24 | she would have earned in available appropriate substitute | ||||||
| 25 | work he or she was capable of performing but unreasonably | ||||||
| 26 | failed to undertake. Loss of earnings, loss of future | ||||||
| |||||||
| |||||||
| 1 | earnings and loss of support shall be determined on the | ||||||
| 2 | basis of the victim's average net monthly earnings for the | ||||||
| 3 | 6 months immediately preceding the date of the injury or | ||||||
| 4 | on $2,400 per month, whichever is less or, in cases where | ||||||
| 5 | the absences commenced more than 3 years from the date of | ||||||
| 6 | the crime, on the basis of the net monthly earnings for the | ||||||
| 7 | 6 months immediately preceding the date of the first | ||||||
| 8 | absence, not to exceed $2,400 per month. If a divorced or | ||||||
| 9 | legally separated applicant is claiming loss of support | ||||||
| 10 | for a minor child of the deceased, the amount of support | ||||||
| 11 | for each child shall be based either on the amount of | ||||||
| 12 | support pursuant to the judgment prior to the date of the | ||||||
| 13 | deceased victim's injury or death, or, if the subject of | ||||||
| 14 | pending litigation filed by or on behalf of the divorced | ||||||
| 15 | or legally separated applicant prior to the injury or | ||||||
| 16 | death, on the result of that litigation. Real and personal | ||||||
| 17 | property includes, but is not limited to, vehicles, | ||||||
| 18 | houses, apartments, town houses, or condominiums. | ||||||
| 19 | "Pecuniary loss" does not include pain and suffering or | ||||||
| 20 | property loss or damage. | ||||||
| 21 | The changes made to this subsection by Public Act 101-652 | ||||||
| 22 | apply to actions commenced or pending on or after January 1, | ||||||
| 23 | 2022. | ||||||
| 24 | (i) "Replacement services loss" means expenses reasonably | ||||||
| 25 | incurred in obtaining ordinary and necessary services in lieu | ||||||
| 26 | of those the injured person would have performed, not for | ||||||
| |||||||
| |||||||
| 1 | income, but for the benefit of himself or herself or his or her | ||||||
| 2 | family, if he or she had not been injured. | ||||||
| 3 | (j) "Dependents replacement services loss" means loss | ||||||
| 4 | reasonably incurred by dependents or private legal guardians | ||||||
| 5 | of minor dependents after a victim's death in obtaining | ||||||
| 6 | ordinary and necessary services in lieu of those the victim | ||||||
| 7 | would have performed, not for income, but for their benefit, | ||||||
| 8 | if he or she had not been fatally injured. | ||||||
| 9 | (k) "Survivor" means immediate family including a parent, | ||||||
| 10 | stepfather, stepmother, child, brother, sister, or spouse. | ||||||
| 11 | (l) "Parent" means a natural parent, adopted parent, | ||||||
| 12 | stepparent, or permanent legal guardian of another person. | ||||||
| 13 | (m) "Trafficking tattoo" is a tattoo which is applied to a | ||||||
| 14 | victim in connection with the commission of a violation of | ||||||
| 15 | Section 10-9 of the Criminal Code of 2012. | ||||||
| 16 | (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; | ||||||
| 17 | 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
| ||||||
| 18 | (740 ILCS 45/10.1) (from Ch. 70, par. 80.1) | ||||||
| 19 | Sec. 10.1. Award Amount of compensation. The awarding of | ||||||
| 20 | compensation and the amount of compensation to which an | ||||||
| 21 | applicant and other persons are entitled shall be based on the | ||||||
| 22 | following factors: | ||||||
| 23 | (a) Each A victim may be compensated for his or her | ||||||
| 24 | pecuniary loss up the maximum amount allowable. | ||||||
| 25 | (b) Each A dependent may be compensated for loss of | ||||||
| |||||||
| |||||||
| 1 | support, as provided in paragraph (15) of subsection (h) | ||||||
| 2 | of Section 2. | ||||||
| 3 | (c) Any person, even though not dependent upon the | ||||||
| 4 | victim for his or her support, may be compensated for | ||||||
| 5 | reasonable expenses of the victim to the extent to which | ||||||
| 6 | he or she has paid or become obligated to pay such expenses | ||||||
| 7 | and only after compensation for reasonable funeral, | ||||||
| 8 | medical and hospital expenses of the victim have been | ||||||
| 9 | awarded may compensation be made for reasonable expenses | ||||||
| 10 | of the victim incurred for psychological treatment of a | ||||||
| 11 | mental or emotional condition caused or aggravated by the | ||||||
| 12 | crime. Persons that have paid or become obligated to pay | ||||||
| 13 | expenses for a victim shall share the maximum award with | ||||||
| 14 | the amount divided in proportion to the amount of the | ||||||
| 15 | actual loss among those entitled to compensation. | ||||||
| 16 | (d) An award shall be reduced or denied according to | ||||||
| 17 | the extent to which the victim's injury or death was | ||||||
| 18 | caused by provocation or incitement by the victim or the | ||||||
| 19 | victim assisting, attempting, or committing a criminal | ||||||
| 20 | act. A denial or reduction shall not automatically bar the | ||||||
| 21 | survivors of homicide victims from receiving compensation | ||||||
| 22 | for counseling, crime scene cleanup, relocation, funeral | ||||||
| 23 | or burial costs, and loss of support if the survivor's | ||||||
| 24 | actions have not initiated, provoked, or aggravated the | ||||||
| 25 | suspect into initiating the qualifying crime. | ||||||
| 26 | (e) An award shall be reduced by the amount of | ||||||
| |||||||
| |||||||
| 1 | benefits, payments or awards payable under those sources | ||||||
| 2 | which are required to be listed under item (7) of Section | ||||||
| 3 | 7.1(a) and any other sources except annuities, pension | ||||||
| 4 | plans, Federal Social Security payments payable to | ||||||
| 5 | dependents of the victim and the net proceeds of the first | ||||||
| 6 | $25,000 of life insurance that would inure to the benefit | ||||||
| 7 | of the applicant, which the applicant or any other person | ||||||
| 8 | dependent for the support of a deceased victim, as the | ||||||
| 9 | case may be, has received or to which he or she is entitled | ||||||
| 10 | as a result of injury to or death of the victim. | ||||||
| 11 | (f) A final award shall not exceed $10,000 for a crime | ||||||
| 12 | committed prior to September 22, 1979, $15,000 for a crime | ||||||
| 13 | committed on or after September 22, 1979 and prior to | ||||||
| 14 | January 1, 1986, $25,000 for a crime committed on or after | ||||||
| 15 | January 1, 1986 and prior to August 7, 1998, $27,000 for a | ||||||
| 16 | crime committed on or after August 7, 1998 and prior to | ||||||
| 17 | August 7, 2022, or $45,000 per victim for a crime | ||||||
| 18 | committed on or after August 7, 2022. For any applicant | ||||||
| 19 | who is not a victim, if If the total pecuniary loss is | ||||||
| 20 | greater than the maximum amount allowed, the award shall | ||||||
| 21 | be divided in proportion to the amount of actual loss | ||||||
| 22 | among those entitled to compensation who are not victims. | ||||||
| 23 | (g) Compensation under this Act is a secondary source | ||||||
| 24 | of compensation and the applicant must show that he or she | ||||||
| 25 | has exhausted the benefits reasonably available under the | ||||||
| 26 | Criminal Victims' Escrow Account Act or any governmental | ||||||
| |||||||
| |||||||
| 1 | or medical or health insurance programs, including, but | ||||||
| 2 | not limited to, Workers' Compensation, the Federal | ||||||
| 3 | Medicare program, the State Public Aid program, Social | ||||||
| 4 | Security Administration burial benefits, and Veterans | ||||||
| 5 | Administration burial benefits, and life, health, | ||||||
| 6 | accident, full vehicle coverage (including towing | ||||||
| 7 | insurance, if available), or liability insurance. | ||||||
| 8 | (Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)
| ||||||
| 9 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 10 | changes in a statute that is represented in this Act by text | ||||||
| 11 | that is not yet or no longer in effect (for example, a Section | ||||||
| 12 | represented by multiple versions), the use of that text does | ||||||
| 13 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 14 | made by this Act or (ii) provisions derived from any other | ||||||
| 15 | Public Act.
| ||||||