SB3907 104TH GENERAL ASSEMBLY

LRB104 20051 AAS 33502 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3907

Introduced 2/6/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

See Index

Amends various Acts by replacing the terms "day care", "daycare", and "day-care", in relation to the care of a child, with the term "child care". Amends the Child Care Act of 1969. Makes changes in provisions concerning the definitions of "day care center", "part day child care facility", and "day care agency"; the prohibition of unlicensed practice; criminal background investigations; and advertisements. Repeals provisions concerning an exemption from licensure for day care homes and group day care homes serving children of military personnel and a child from a foreign state or country. Effective July 1, 2026.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Labor Relations Act is amended by changing Sections 3 and 7 as follows:

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

(Text of Section before amendment by P.A. 104-118)

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

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

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

(c) "Confidential employee" means an employee who, in the regular course of his or her duties, assists and acts in a confidential capacity to persons who formulate, determine, and effectuate management policies with regard to labor relations or who, in the regular course of his or her duties, has authorized access to information relating to the effectuation or review of the employer's collective bargaining policies. Determinations of confidential employee status shall be based on actual employee job duties and not solely on written job descriptions.

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

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

(f) "Exclusive representative", except with respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, means the labor organization that has been (i) designated by the Board as the representative of a majority of public employees in an appropriate bargaining unit in accordance with the procedures contained in this Act; (ii) historically recognized by the State of Illinois or any political subdivision of the State before July 1, 1984 (the effective date of this Act) as the exclusive representative of the employees in an appropriate bargaining unit; (iii) after July 1, 1984 (the effective date of this Act) recognized by an employer upon evidence, acceptable to the Board, that the labor organization has been designated as the exclusive representative by a majority of the employees in an appropriate bargaining unit; (iv) recognized as the exclusive representative of personal assistants under Executive Order 2003-8 prior to July 16, 2003 (the effective date of Public Act 93-204), and the organization shall be considered to be the exclusive representative of the personal assistants as defined in this Section; or (v) recognized as the exclusive representative of child and day care home providers, including licensed and license exempt providers, pursuant to an election held under Executive Order 2005-1 prior to January 1, 2006 (the effective date of Public Act 94-320), and the organization shall be considered to be the exclusive representative of the child and day care home providers as defined in this Section.

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

Where a historical pattern of representation exists for the workers of a water system that was owned by a public utility, as defined in Section 3-105 of the Public Utilities Act, prior to becoming certified employees of a municipality or municipalities once the municipality or municipalities have acquired the water system as authorized in Section 11-124-5 of the Illinois Municipal Code, the Board shall find the labor organization that has historically represented the workers to be the exclusive representative under this Act, and shall find the unit represented by the exclusive representative to be the appropriate unit.

(g) "Fair share agreement" means an agreement between the employer and an employee organization under which all or any of the employees in a collective bargaining unit are required to pay their proportionate share of the costs of the collective bargaining process, contract administration, and pursuing matters affecting wages, hours, and other conditions of employment, but not to exceed the amount of dues uniformly required of members. The amount certified by the exclusive representative shall not include any fees for contributions related to the election or support of any candidate for political office. Nothing in this subsection (g) shall preclude an employee from making voluntary political contributions in conjunction with his or her fair share payment.

(g-1) "Fire fighter" means, for the purposes of this Act only, any person who has been or is hereafter appointed to a fire department or fire protection district or employed by a state university and sworn or commissioned to perform fire fighter duties or paramedic duties, including paramedics employed by a unit of local government, except that the following persons are not included: part-time fire fighters, auxiliary, reserve or voluntary fire fighters, including paid on-call fire fighters, clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform fire fighter duties, or elected officials.

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

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

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

(i-5) "Legislative liaison" means a person who is an employee of a State agency, the Attorney General, the Secretary of State, the Comptroller, or the Treasurer, as the case may be, and whose job duties require the person to regularly communicate in the course of his or her employment with any official or staff of the General Assembly of the State of Illinois for the purpose of influencing any legislative action.

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

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

(l) "Person" includes one or more individuals, labor organizations, public employees, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, or the State of Illinois or any political subdivision of the State or governing body, but does not include the General Assembly of the State of Illinois or any individual employed by the General Assembly of the State of Illinois.

(m) "Professional employee" means any employee engaged in work predominantly intellectual and varied in character rather than routine mental, manual, mechanical or physical work; involving the consistent exercise of discretion and adjustment in its performance; of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from apprenticeship or from training in the performance of routine mental, manual, or physical processes; or any employee who has completed the courses of specialized intellectual instruction and study prescribed in this subsection (m) and is performing related work under the supervision of a professional person to qualify to become a professional employee as defined in this subsection (m).

(n) "Public employee" or "employee", for the purposes of this Act, means any individual employed by a public employer, including (i) interns and residents at public hospitals, (ii) as of July 16, 2003 (the effective date of Public Act 93-204), but not before, personal assistants working under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to the limitations set forth in this Act and in the Rehabilitation of Persons with Disabilities Act, (iii) as of January 1, 2006 (the effective date of Public Act 94-320), but not before, child and day care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (n), home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, (v) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any person employed by a public employer and who is classified as or who holds the employment title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, Plant Operating Engineer, and any other employee who holds the position of: Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V employed by the Department of Transportation who is in a position which is certified in a bargaining unit on or before July 19, 2013 (the effective date of Public Act 98-100), and (vi) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any mental health administrator in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 8K), any employee of the Office of the Inspector General in the Department of Human Services who is classified as or who holds the position of Public Service Administrator (Option 7), any Deputy of Intelligence in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 7), and any employee of the Illinois State Police who handles issues concerning the Illinois State Police Sex Offender Registry and who is classified as or holds the position of Public Service Administrator (Option 7), but excluding all of the following: employees of the General Assembly of the State of Illinois; elected officials; executive heads of a department; members of boards or commissions; the Executive Inspectors General; any special Executive Inspectors General; employees of each Office of an Executive Inspector General; commissioners and employees of the Executive Ethics Commission; the Auditor General's Inspector General; employees of the Office of the Auditor General's Inspector General; the Legislative Inspector General; any special Legislative Inspectors General; employees of the Office of the Legislative Inspector General; commissioners and employees of the Legislative Ethics Commission; employees of any agency, board or commission created by this Act; employees appointed to State positions of a temporary or emergency nature; all employees of school districts and higher education institutions except firefighters and peace officers employed by a state university and except peace officers employed by a school district in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257); managerial employees; short-term employees; legislative liaisons; a person who is a State employee under the jurisdiction of the Office of the Attorney General who is licensed to practice law or whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation; a person who is a State employee under the jurisdiction of the Office of the Comptroller who holds the position of Public Service Administrator or whose position is otherwise exempt under the Comptroller Merit Employment Code; a person who is a State employee under the jurisdiction of the Secretary of State who holds the position classification of Executive I or higher, whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation, or who is otherwise exempt under the Secretary of State Merit Employment Code; employees in the Office of the Secretary of State who are completely exempt from jurisdiction B of the Secretary of State Merit Employment Code and who are in Rutan-exempt positions on or after April 5, 2013 (the effective date of Public Act 97-1172); a person who is a State employee under the jurisdiction of the Treasurer who holds a position that is exempt from the State Treasurer Employment Code; any employee of a State agency who (i) holds the title or position of, or exercises substantially similar duties as a legislative liaison, Agency General Counsel, Agency Chief of Staff, Agency Executive Director, Agency Deputy Director, Agency Chief Fiscal Officer, Agency Human Resources Director, Public Information Officer, or Chief Information Officer and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any employee of a State agency who (i) is in a position that is Rutan-exempt, as designated by the employer, and completely exempt from jurisdiction B of the Personnel Code and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any term appointed employee of a State agency pursuant to Section 8b.18 or 8b.19 of the Personnel Code who was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any employment position properly designated pursuant to Section 6.1 of this Act; confidential employees; independent contractors; and supervisors except as provided in this Act.

Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be considered public employees for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group Insurance Act of 1971.

Child and day care home providers shall not be considered public employees for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.

Notwithstanding Section 9, subsection (c), or any other provisions of this Act, all peace officers above the rank of captain in municipalities with more than 1,000,000 inhabitants shall be excluded from this Act.

(o) Except as otherwise in subsection (o-5), "public employer" or "employer" means the State of Illinois; any political subdivision of the State, unit of local government or school district; authorities including departments, divisions, bureaus, boards, commissions, or other agencies of the foregoing entities; and any person acting within the scope of his or her authority, express or implied, on behalf of those entities in dealing with its employees. As of July 16, 2003 (the effective date of Public Act 93-204), but not before, the State of Illinois shall be considered the employer of the personal assistants working under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to the limitations set forth in this Act and in the Rehabilitation of Persons with Disabilities Act. As of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (o), the State shall be considered the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, but subject to the limitations set forth in this Act and the Rehabilitation of Persons with Disabilities Act. The State shall not be considered to be the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group Insurance Act of 1971. As of January 1, 2006 (the effective date of Public Act 94-320), but not before, the State of Illinois shall be considered the employer of the day and child care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code. The State shall not be considered to be the employer of child and day care home providers for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.

"Public employer" or "employer" as used in this Act, however, does not mean and shall not include the General Assembly of the State of Illinois, the Executive Ethics Commission, the Offices of the Executive Inspectors General, the Legislative Ethics Commission, the Office of the Legislative Inspector General, the Office of the Auditor General's Inspector General, the Office of the Governor, the Governor's Office of Management and Budget, the Illinois Finance Authority, the Office of the Lieutenant Governor, the State Board of Elections, and educational employers or employers as defined in the Illinois Educational Labor Relations Act, except with respect to a state university in its employment of firefighters and peace officers and except with respect to a school district in the employment of peace officers in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257). County boards and county sheriffs shall be designated as joint or co-employers of county peace officers appointed under the authority of a county sheriff. Nothing in this subsection (o) shall be construed to prevent the State Panel or the Local Panel from determining that employers are joint or co-employers.

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

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

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

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

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

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

(q-5) "State agency" means an agency directly responsible to the Governor, as defined in Section 3.1 of the Executive Reorganization Implementation Act, and the Illinois Commerce Commission, the Illinois Workers' Compensation Commission, the Civil Service Commission, the Pollution Control Board, the Illinois Racing Board, and the Illinois State Police Merit Board.

(r) "Supervisor" is:

(1) An employee whose principal work is substantially different from that of his or her subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the exercise of that authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgment. Except with respect to police employment, the term "supervisor" includes only those individuals who devote a preponderance of their employment time to exercising that authority, State supervisors notwithstanding. Determinations of supervisor status shall be based on actual employee job duties and not solely on written job descriptions. Nothing in this definition prohibits an individual from also meeting the definition of "managerial employee" under subsection (j) of this Section. In addition, in determining supervisory status in police employment, rank shall not be determinative. The Board shall consider, as evidence of bargaining unit inclusion or exclusion, the common law enforcement policies and relationships between police officer ranks and certification under applicable civil service law, ordinances, personnel codes, or Division 2.1 of Article 10 of the Illinois Municipal Code, but these factors shall not be the sole or predominant factors considered by the Board in determining police supervisory status.

Notwithstanding the provisions of the preceding paragraph, in determining supervisory status in fire fighter employment, no fire fighter shall be excluded as a supervisor who has established representation rights under Section 9 of this Act. Further, in fire fighter units, employees shall consist of fire fighters of the highest rank of company officer and below. A company officer may be responsible for multiple companies or apparatus on a shift, multiple stations, or an entire shift. There may be more than one company officer per shift. If a company officer otherwise qualifies as a supervisor under the preceding paragraph, however, he or she shall not be included in the fire fighter unit. If there is no rank between that of chief and the highest company officer, the employer may designate a position on each shift as a Shift Commander, and the persons occupying those positions shall be supervisors. All other ranks above that of the highest company officer shall be supervisors.

(2) With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, an employee who qualifies as a supervisor under (A) Section 152 of the National Labor Relations Act and (B) orders of the National Labor Relations Board interpreting that provision or decisions of courts reviewing decisions of the National Labor Relations Board.

(s)(1) "Unit" means a class of jobs or positions that are held by employees whose collective interests may suitably be represented by a labor organization for collective bargaining. Except with respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, a bargaining unit determined by the Board shall not include both employees and supervisors, or supervisors only, except as provided in paragraph (2) of this subsection (s) and except for bargaining units in existence on July 1, 1984 (the effective date of this Act). With respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, a bargaining unit determined by the Board shall not include both supervisors and nonsupervisors, or supervisors only, except as provided in paragraph (2) of this subsection (s) and except for bargaining units in existence on January 1, 1986 (the effective date of this amendatory Act of 1985). A bargaining unit determined by the Board to contain peace officers shall contain no employees other than peace officers unless otherwise agreed to by the employer and the labor organization or labor organizations involved. Notwithstanding any other provision of this Act, a bargaining unit, including a historical bargaining unit, containing sworn peace officers of the Department of Natural Resources (formerly designated the Department of Conservation) shall contain no employees other than such sworn peace officers upon the effective date of this amendatory Act of 1990 or upon the expiration date of any collective bargaining agreement in effect upon the effective date of this amendatory Act of 1990 covering both such sworn peace officers and other employees.

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

(3) Public employees who are court reporters, as defined in the Court Reporters Act, shall be divided into 3 units for collective bargaining purposes. One unit shall be court reporters employed by the Cook County Judicial Circuit; one unit shall be court reporters employed by the 12th, 18th, 19th, and, on and after December 4, 2006, the 22nd judicial circuits; and one unit shall be court reporters employed by all other judicial circuits.

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

(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)

(Text of Section after amendment by P.A. 104-118)

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

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

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

(c) "Confidential employee" means an employee who, in the regular course of his or her duties, assists and acts in a confidential capacity to persons who formulate, determine, and effectuate management policies with regard to labor relations or who, in the regular course of his or her duties, has authorized access to information relating to the effectuation or review of the employer's collective bargaining policies. Determinations of confidential employee status shall be based on actual employee job duties and not solely on written job descriptions.

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

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

(f) "Exclusive representative", except with respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, means the labor organization that has been (i) designated by the Board as the representative of a majority of public employees in an appropriate bargaining unit in accordance with the procedures contained in this Act; (ii) historically recognized by the State of Illinois or any political subdivision of the State before July 1, 1984 (the effective date of this Act) as the exclusive representative of the employees in an appropriate bargaining unit; (iii) after July 1, 1984 (the effective date of this Act) recognized by an employer upon evidence, acceptable to the Board, that the labor organization has been designated as the exclusive representative by a majority of the employees in an appropriate bargaining unit; (iv) recognized as the exclusive representative of personal assistants under Executive Order 2003-8 prior to July 16, 2003 (the effective date of Public Act 93-204), and the organization shall be considered to be the exclusive representative of the personal assistants as defined in this Section; or (v) recognized as the exclusive representative of child and day care home providers, including licensed and license exempt providers, pursuant to an election held under Executive Order 2005-1 prior to January 1, 2006 (the effective date of Public Act 94-320), and the organization shall be considered to be the exclusive representative of the child and day care home providers as defined in this Section.

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

Where a historical pattern of representation exists for the workers of a water system that was owned by a public utility, as defined in Section 3-105 of the Public Utilities Act, prior to becoming certified employees of a municipality or municipalities once the municipality or municipalities have acquired the water system as authorized in Section 11-124-5 of the Illinois Municipal Code, the Board shall find the labor organization that has historically represented the workers to be the exclusive representative under this Act, and shall find the unit represented by the exclusive representative to be the appropriate unit.

(g) "Fair share agreement" means an agreement between the employer and an employee organization under which all or any of the employees in a collective bargaining unit are required to pay their proportionate share of the costs of the collective bargaining process, contract administration, and pursuing matters affecting wages, hours, and other conditions of employment, but not to exceed the amount of dues uniformly required of members. The amount certified by the exclusive representative shall not include any fees for contributions related to the election or support of any candidate for political office. Nothing in this subsection (g) shall preclude an employee from making voluntary political contributions in conjunction with his or her fair share payment.

(g-1) "Fire fighter" means, for the purposes of this Act only, any person who has been or is hereafter appointed to a fire department or fire protection district or employed by a state university and sworn or commissioned to perform fire fighter duties or paramedic duties, including paramedics employed by a unit of local government, except that the following persons are not included: part-time fire fighters, auxiliary, reserve or voluntary fire fighters, including paid on-call fire fighters, clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform fire fighter duties, or elected officials.

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

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

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

(i-5) "Legislative liaison" means a person who is an employee of a State agency, the Attorney General, the Secretary of State, the Comptroller, or the Treasurer, as the case may be, and whose job duties require the person to regularly communicate in the course of his or her employment with any official or staff of the General Assembly of the State of Illinois for the purpose of influencing any legislative action.

(j) "Managerial employee" means an individual who is engaged predominantly in executive and management functions and is charged with the responsibility of directing the effectuation of management policies and practices. Determination of managerial employee status shall be based on actual employee job duties and not solely on written job descriptions. With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, "managerial employee" means an individual who is engaged in executive and management functions or who is charged with the effectuation of management policies and practices or who represents management interests by taking or recommending discretionary actions that effectively control or implement policy. On and after the effective date of this amendatory Act of the 104th General Assembly, "managerial employee" includes the individual designated or appointed by a sheriff as the undersheriff or chief deputy to fill a vacancy under Section 3-3010 of the Counties Code and the individual serving as the superintendent of the jail under Section 3 of the County Jail Act, unless the sheriff and the relevant union have mutually agreed otherwise or the individual is already otherwise recognized under subsection (c) of Section 9 or any other provision of this Act. Nothing in this definition prohibits an individual from also meeting the definition of "supervisor" under subsection (r) of this Section.

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

(l) "Person" includes one or more individuals, labor organizations, public employees, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, or the State of Illinois or any political subdivision of the State or governing body, but does not include the General Assembly of the State of Illinois or any individual employed by the General Assembly of the State of Illinois.

(m) "Professional employee" means any employee engaged in work predominantly intellectual and varied in character rather than routine mental, manual, mechanical or physical work; involving the consistent exercise of discretion and adjustment in its performance; of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from apprenticeship or from training in the performance of routine mental, manual, or physical processes; or any employee who has completed the courses of specialized intellectual instruction and study prescribed in this subsection (m) and is performing related work under the supervision of a professional person to qualify to become a professional employee as defined in this subsection (m).

(n) "Public employee" or "employee", for the purposes of this Act, means any individual employed by a public employer, including (i) interns and residents at public hospitals, (ii) as of July 16, 2003 (the effective date of Public Act 93-204), but not before, personal assistants working under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to the limitations set forth in this Act and in the Rehabilitation of Persons with Disabilities Act, (iii) as of January 1, 2006 (the effective date of Public Act 94-320), but not before, child and day care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (n), home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, (v) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any person employed by a public employer and who is classified as or who holds the employment title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, Plant Operating Engineer, and any other employee who holds the position of: Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V employed by the Department of Transportation who is in a position which is certified in a bargaining unit on or before July 19, 2013 (the effective date of Public Act 98-100), and (vi) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any mental health administrator in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 8K), any employee of the Office of the Inspector General in the Department of Human Services who is classified as or who holds the position of Public Service Administrator (Option 7), any Deputy of Intelligence in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 7), and any employee of the Illinois State Police who handles issues concerning the Illinois State Police Sex Offender Registry and who is classified as or holds the position of Public Service Administrator (Option 7), but excluding all of the following: employees of the General Assembly of the State of Illinois; elected officials; executive heads of a department; members of boards or commissions; the Executive Inspectors General; any special Executive Inspectors General; employees of each Office of an Executive Inspector General; commissioners and employees of the Executive Ethics Commission; the Auditor General's Inspector General; employees of the Office of the Auditor General's Inspector General; the Legislative Inspector General; any special Legislative Inspectors General; employees of the Office of the Legislative Inspector General; commissioners and employees of the Legislative Ethics Commission; employees of any agency, board or commission created by this Act; employees appointed to State positions of a temporary or emergency nature; all employees of school districts and higher education institutions except firefighters and peace officers employed by a state university and except peace officers employed by a school district in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257); managerial employees; short-term employees; legislative liaisons; a person who is a State employee under the jurisdiction of the Office of the Attorney General who is licensed to practice law or whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation; a person who is a State employee under the jurisdiction of the Office of the Comptroller who holds the position of Public Service Administrator or whose position is otherwise exempt under the Comptroller Merit Employment Code; a person who is a State employee under the jurisdiction of the Secretary of State who holds the position classification of Executive I or higher, whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation, or who is otherwise exempt under the Secretary of State Merit Employment Code; employees in the Office of the Secretary of State who are completely exempt from jurisdiction B of the Secretary of State Merit Employment Code and who are in Rutan-exempt positions on or after April 5, 2013 (the effective date of Public Act 97-1172); a person who is a State employee under the jurisdiction of the Treasurer who holds a position that is exempt from the State Treasurer Employment Code; any employee of a State agency who (i) holds the title or position of, or exercises substantially similar duties as a legislative liaison, Agency General Counsel, Agency Chief of Staff, Agency Executive Director, Agency Deputy Director, Agency Chief Fiscal Officer, Agency Human Resources Director, Public Information Officer, or Chief Information Officer and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any employee of a State agency who (i) is in a position that is Rutan-exempt, as designated by the employer, and completely exempt from jurisdiction B of the Personnel Code and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any term appointed employee of a State agency pursuant to Section 8b.18 or 8b.19 of the Personnel Code who was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any employment position properly designated pursuant to Section 6.1 of this Act; confidential employees; independent contractors; and supervisors except as provided in this Act.

Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be considered public employees for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group Insurance Act of 1971.

Child and day care home providers shall not be considered public employees for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.

Notwithstanding Section 9, subsection (c), or any other provisions of this Act, all peace officers above the rank of captain in municipalities with more than 1,000,000 inhabitants shall be excluded from this Act.

(o) Except as otherwise in subsection (o-5), "public employer" or "employer" means the State of Illinois; any political subdivision of the State, unit of local government or school district; authorities including departments, divisions, bureaus, boards, commissions, or other agencies of the foregoing entities; and any person acting within the scope of his or her authority, express or implied, on behalf of those entities in dealing with its employees. As of July 16, 2003 (the effective date of Public Act 93-204), but not before, the State of Illinois shall be considered the employer of the personal assistants working under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to the limitations set forth in this Act and in the Rehabilitation of Persons with Disabilities Act. As of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (o), the State shall be considered the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, but subject to the limitations set forth in this Act and the Rehabilitation of Persons with Disabilities Act. The State shall not be considered to be the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group Insurance Act of 1971. As of January 1, 2006 (the effective date of Public Act 94-320), but not before, the State of Illinois shall be considered the employer of the day and child care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code. The State shall not be considered to be the employer of child and day care home providers for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.

"Public employer" or "employer" as used in this Act, however, does not mean and shall not include the General Assembly of the State of Illinois, the Executive Ethics Commission, the Offices of the Executive Inspectors General, the Legislative Ethics Commission, the Office of the Legislative Inspector General, the Office of the Auditor General's Inspector General, the Office of the Governor, the Governor's Office of Management and Budget, the Illinois Finance Authority, the Office of the Lieutenant Governor, the State Board of Elections, and educational employers or employers as defined in the Illinois Educational Labor Relations Act, except with respect to a state university in its employment of firefighters and peace officers and except with respect to a school district in the employment of peace officers in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257). County boards and county sheriffs shall be designated as joint or co-employers of county peace officers appointed under the authority of a county sheriff. Nothing in this subsection (o) shall be construed to prevent the State Panel or the Local Panel from determining that employers are joint or co-employers.

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

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

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

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

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

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

(q-5) "State agency" means an agency directly responsible to the Governor, as defined in Section 3.1 of the Executive Reorganization Implementation Act, and the Illinois Commerce Commission, the Illinois Workers' Compensation Commission, the Civil Service Commission, the Pollution Control Board, the Illinois Racing Board, and the Illinois State Police Merit Board.

(r) "Supervisor" is:

(1) An employee whose principal work is substantially different from that of his or her subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the exercise of that authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgment. Except with respect to police employment, the term "supervisor" includes only those individuals who devote a preponderance of their employment time to exercising that authority, State supervisors notwithstanding. Determinations of supervisor status shall be based on actual employee job duties and not solely on written job descriptions. Nothing in this definition prohibits an individual from also meeting the definition of "managerial employee" under subsection (j) of this Section. In addition, in determining supervisory status in police employment, rank shall not be determinative. The Board shall consider, as evidence of bargaining unit inclusion or exclusion, the common law enforcement policies and relationships between police officer ranks and certification under applicable civil service law, ordinances, personnel codes, or Division 2.1 of Article 10 of the Illinois Municipal Code, but these factors shall not be the sole or predominant factors considered by the Board in determining police supervisory status.

Notwithstanding the provisions of the preceding paragraph, in determining supervisory status in fire fighter employment, no fire fighter shall be excluded as a supervisor who has established representation rights under Section 9 of this Act. Further, in fire fighter units, employees shall consist of fire fighters of the highest rank of company officer and below. A company officer may be responsible for multiple companies or apparatus on a shift, multiple stations, or an entire shift. There may be more than one company officer per shift. If a company officer otherwise qualifies as a supervisor under the preceding paragraph, however, he or she shall not be included in the fire fighter unit. If there is no rank between that of chief and the highest company officer, the employer may designate a position on each shift as a Shift Commander, and the persons occupying those positions shall be supervisors. All other ranks above that of the highest company officer shall be supervisors.

(2) With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, an employee who qualifies as a supervisor under (A) Section 152 of the National Labor Relations Act and (B) orders of the National Labor Relations Board interpreting that provision or decisions of courts reviewing decisions of the National Labor Relations Board.

(3) With respect to a police officer, other than a police officer employed by the Illinois State Police, any officer in a permanent rank for which the police officer is appointed. For municipal police officers, "in a permanent rank" shall mean those not subject to promotional testing pursuant to Division 1 or Division 2.1 of the Illinois Municipal Code. The position or rank immediately below that of Chief, whether occupied by a person or persons in appointed positions or a tested rank shall also be considered supervisors unless that rank is that of patrol officer. An appointment of duties in which the tested permanent rank does not change shall not be considered the appointment of a supervisor under this definition.

(4) With respect to a police officer for the State Police, any rank of Major or above.

Notwithstanding the provisions of paragraph (1) of subsection (r), "supervisor" does not include (1) a police officer excluded from the definition of "supervisor" by a collective bargaining agreement, (2) a police officer who is in a rank for which the police officer must complete a written test pursuant to Division 1 or Division 2.1 of the Illinois Municipal Code in order to be employed in that rank, (3) a police officer who is in a position or rank that has been voluntarily recognized as covered by a collective bargaining agreement by the employer, or (4) a police officer who is in a position or rank that has been historically covered by a collective bargaining agreement. However, these exclusions from the definition of "supervisor" only apply in this Act for the purposes of supervisory collective bargaining purposes only. Employees occupying supervisory bargaining ranks shall still be required to perform supervisory functions as outlined in paragraph (1) of subsection (r) and be held accountable for failure to perform supervisory functions.

(s)(1) "Unit" means a class of jobs or positions that are held by employees whose collective interests may suitably be represented by a labor organization for collective bargaining. Except with respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, a bargaining unit determined by the Board shall not include both employees and supervisors, or supervisors only, except as provided in paragraph (2) of this subsection (s) and except for bargaining units in existence on July 1, 1984 (the effective date of this Act). With respect to non-State fire fighters and paramedics employed by fire departments and fire protection districts, non-State peace officers, and peace officers in the Illinois State Police, a bargaining unit determined by the Board shall not include both supervisors and nonsupervisors, or supervisors only, except as provided in paragraph (2) of this subsection (s) and except for bargaining units in existence on January 1, 1986 (the effective date of this amendatory Act of 1985). A bargaining unit determined by the Board to contain peace officers shall contain no employees other than peace officers unless otherwise agreed to by the employer and the labor organization or labor organizations involved. Notwithstanding any other provision of this Act, a bargaining unit, including a historical bargaining unit, containing sworn peace officers of the Department of Natural Resources (formerly designated the Department of Conservation) shall contain no employees other than such sworn peace officers upon the effective date of this amendatory Act of 1990 or upon the expiration date of any collective bargaining agreement in effect upon the effective date of this amendatory Act of 1990 covering both such sworn peace officers and other employees.

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

(3) Public employees who are court reporters, as defined in the Court Reporters Act, shall be divided into 3 units for collective bargaining purposes. One unit shall be court reporters employed by the Cook County Judicial Circuit; one unit shall be court reporters employed by the 12th, 18th, 19th, and, on and after December 4, 2006, the 22nd judicial circuits; and one unit shall be court reporters employed by all other judicial circuits.

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

(Source: P.A. 103-154, eff. 6-30-23; 104-118, eff. 7-1-26.)

(5 ILCS 315/7) (from Ch. 48, par. 1607)

Sec. 7. Duty to bargain. A public employer and the exclusive representative have the authority and the duty to bargain collectively set forth in this Section.

For the purposes of this Act, "to bargain collectively" means the performance of the mutual obligation of the public employer or his designated representative and the representative of the public employees to meet at reasonable times, including meetings in advance of the budget-making process, and to negotiate in good faith with respect to wages, hours, and other conditions of employment, not excluded by Section 4 of this Act, or the negotiation of an agreement, or any question arising thereunder and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession.

The duty "to bargain collectively" shall also include an obligation to negotiate over any matter with respect to wages, hours and other conditions of employment, not specifically provided for in any other law or not specifically in violation of the provisions of any law. If any other law pertains, in part, to a matter affecting the wages, hours and other conditions of employment, such other law shall not be construed as limiting the duty "to bargain collectively" and to enter into collective bargaining agreements containing clauses which either supplement, implement, or relate to the effect of such provisions in other laws.

The duty "to bargain collectively" shall also include negotiations as to the terms of a collective bargaining agreement. The parties may, by mutual agreement, provide for arbitration of impasses resulting from their inability to agree upon wages, hours and terms and conditions of employment to be included in a collective bargaining agreement. Such arbitration provisions shall be subject to the Illinois "Uniform Arbitration Act" unless agreed by the parties.

The duty "to bargain collectively" shall also mean that no party to a collective bargaining contract shall terminate or modify such contract, unless the party desiring such termination or modification:

(1) serves a written notice upon the other party to the contract of the proposed termination or modification 60 days prior to the expiration date thereof, or in the event such contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification;

(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;

(3) notifies the Board within 30 days after such notice of the existence of a dispute, provided no agreement has been reached by that time; and

(4) continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such notice is given to the other party or until the expiration date of such contract, whichever occurs later.

The duties imposed upon employers, employees and labor organizations by paragraphs (2), (3) and (4) shall become inapplicable upon an intervening certification of the Board, under which the labor organization, which is a party to the contract, has been superseded as or ceased to be the exclusive representative of the employees pursuant to the provisions of subsection (a) of Section 9, and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract.

Collective bargaining for home care and home health workers who function as personal assistants and individual maintenance home health workers under the Home Services Program shall be limited to the terms and conditions of employment under the State's control, as defined in Public Act 93-204 or this amendatory Act of the 97th General Assembly, as applicable.

Collective bargaining for child and day care home providers under the child care assistance program shall be limited to the terms and conditions of employment under the State's control, as defined in this amendatory Act of the 94th General Assembly.

Notwithstanding any other provision of this Section, whenever collective bargaining is for the purpose of establishing an initial agreement following original certification of units, with respect to public employees other than peace officers, fire fighters, and security employees, the following apply:

(1) Not later than 10 days after receiving a written request for collective bargaining from a labor organization that has been newly certified as a representative as defined in Section 6(c), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.

(2) If anytime after the expiration of the 90-day period beginning on the date on which bargaining is commenced the parties have failed to reach an agreement, either party may notify the Illinois Public Labor Relations Board of the existence of a dispute and request mediation in accordance with the provisions of Section 14 of this Act.

(3) If after the expiration of the 30-day period beginning on the date on which mediation commenced, or such additional period as the parties may agree upon, the mediator is not able to bring the parties to agreement by conciliation, either the exclusive representative of the employees or the employer may request of the other, in writing, arbitration and shall submit a copy of the request to the board. Upon submission of the request for arbitration, the parties shall be required to participate in the impasse arbitration procedures set forth in Section 14 of this Act, except the right to strike shall not be considered waived pursuant to Section 17 of this Act, until the actual convening of the arbitration hearing.

(Source: P.A. 104-358, eff. 8-15-25.)

Section 10. The Voluntary Payroll Deductions Act of 1983 is amended by changing Section 3 as follows:

(5 ILCS 340/3) (from Ch. 15, par. 503)

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

(a) "Employee" means any regular officer or employee who receives salary or wages for personal services rendered to the State of Illinois, and includes an individual hired as an employee by contract with that individual.

(b) "Qualified organization" means an organization representing one or more benefiting agencies, which organization is designated by the State Comptroller as qualified to receive payroll deductions under this Act. An organization desiring to be designated as a qualified organization shall:

(1) Submit written or electronic designations on forms approved by the State Comptroller by 500 or more employees or State annuitants, in which such employees or State annuitants indicate that the organization is one for which the employee or State annuitant intends to authorize withholding. The forms shall require the name, last 4 digits only of the social security number, and employing State agency for each employee. Upon notification by the Comptroller that such forms have been approved, the organization shall, within 30 days, notify in writing the Comptroller or his or her designee of its intention to obtain the required number of designations. Such organization shall have 12 months from that date to obtain the necessary designations and return to the State Comptroller's office the completed designations, which shall be subject to verification procedures established by the State Comptroller;

(2) Certify that all benefiting agencies are tax exempt under Section 501(c)(3) of the Internal Revenue Code;

(3) Certify that all benefiting agencies are in compliance with the Illinois Human Rights Act;

(4) Certify that all benefiting agencies are in compliance with the Charitable Trust Act and the Solicitation for Charity Act;

(5) Certify that all benefiting agencies actively conduct health or welfare programs and provide services to individuals directed at one or more of the following common human needs within a community: service, research, and education in the health fields; family and child care services; protective services for children and adults; services for children and adults in foster care; services related to the management and maintenance of the home; child day care services for adults; transportation services; information, referral and counseling services; services to eliminate illiteracy; the preparation and delivery of meals; adoption services; emergency shelter care and relief services; disaster relief services; safety services; neighborhood and community organization services; recreation services; social adjustment and rehabilitation services; health support services; or a combination of such services designed to meet the special needs of specific groups, such as children and youth, the ill and infirm, and persons with physical disabilities; and that all such benefiting agencies provide the above described services to individuals and their families in the community and surrounding area in which the organization conducts its fund drive, or that such benefiting agencies provide relief to victims of natural disasters and other emergencies on a where and as needed basis;

(6) Certify that the organization has disclosed the percentage of the organization's total collected receipts from employees or State annuitants that are distributed to the benefiting agencies and the percentage of the organization's total collected receipts from employees or State annuitants that are expended for fund-raising and overhead costs. These percentages shall be the same percentage figures annually disclosed by the organization to the Attorney General. The disclosure shall be made to all solicited employees and State annuitants and shall be in the form of a factual statement on all petitions and in the campaign's brochures for employees and State annuitants;

(7) Certify that all benefiting agencies receiving funds which the employee or State annuitant has requested or designated for distribution to a particular community and surrounding area use a majority of such funds distributed for services in the actual provision of services in that community and surrounding area;

(8) Certify that neither it nor its member organizations will solicit State employees for contributions at their workplace, except pursuant to this Act and the rules promulgated thereunder. Each qualified organization, and each participating United Fund, is encouraged to cooperate with all others and with all State agencies and educational institutions so as to simplify procedures, to resolve differences and to minimize costs;

(9) Certify that it will pay its share of the campaign costs and will comply with the Code of Campaign Conduct as approved by the Comptroller or other agency as designated by the Comptroller; and

(10) Certify that it maintains a year-round office, the telephone number, and person responsible for the operations of the organization in Illinois. That information shall be provided to the State Comptroller at the time the organization is seeking participation under this Act.

Each qualified organization shall submit to the State Comptroller between January 1 and March 1 of each year, a statement that the organization is in compliance with all of the requirements set forth in paragraphs (2) through (10). The State Comptroller shall exclude any organization that fails to submit the statement from the next solicitation period.

In order to be designated as a qualified organization, the organization shall have existed at least 2 years prior to submitting the written or electronic designation forms required in paragraph (1) and shall certify to the State Comptroller that such organization has been providing services described in paragraph (5) in Illinois. If the organization seeking designation represents more than one benefiting agency, it need not have existed for 2 years but shall certify to the State Comptroller that each of its benefiting agencies has existed for at least 2 years prior to submitting the written or electronic designation forms required in paragraph (1) and that each has been providing services described in paragraph (5) in Illinois.

Organizations which have met the requirements of this Act shall be permitted to participate in the State and Universities Combined Appeal as of January 1st of the year immediately following their approval by the Comptroller.

Where the certifications described in paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and (10) above are made by an organization representing more than one benefiting agency they shall be based upon the knowledge and belief of such qualified organization. Any qualified organization shall immediately notify the State Comptroller in writing if the qualified organization receives information or otherwise believes that a benefiting agency is no longer in compliance with the certification of the qualified organization. A qualified organization representing more than one benefiting agency shall thereafter withhold and refrain from distributing to such benefiting agency those funds received pursuant to this Act until the benefiting agency is again in compliance with the qualified organization's certification. The qualified organization shall immediately notify the State Comptroller of the benefiting agency's resumed compliance with the certification, based upon the qualified organization's knowledge and belief, and shall pay over to the benefiting agency those funds previously withheld.

In order to qualify, a qualified organization must receive 250 deduction pledges from the immediately preceding solicitation period as set forth in Section 6. The Comptroller shall, by February 1st of each year, so notify any qualified organization that failed to receive the minimum deduction requirement. The notification shall give such qualified organization until March 1st to provide the Comptroller with documentation that the minimum deduction requirement has been met. On the basis of all the documentation, the Comptroller shall, by March 15th of each year, make publicly available a list of all organizations which have met the minimum payroll deduction requirement. Only those organizations which have met such requirements, as well as the other requirements of this Section, shall be permitted to solicit State employees or State annuitants for voluntary contributions, and the Comptroller shall discontinue withholding for any such organization which fails to meet these requirements, except qualified organizations that received deduction pledges during the 2004 solicitation period are deemed to be qualified for the 2005 solicitation period.

(c) "United Fund" means the organization conducting the single, annual, consolidated effort to secure funds for distribution to agencies engaged in charitable and public health, welfare and services purposes, which is commonly known as the United Fund, or the organization which serves in place of the United Fund organization in communities where an organization known as the United Fund is not organized.

In order for a United Fund to participate in the State and Universities Employees Combined Appeal, it shall comply with the provisions of paragraph (9) of subsection (b).

(d) "State and Universities Employees Combined Appeal", otherwise known as "SECA", means the State-directed joint effort of all of the qualified organizations, together with the United Funds, for the solicitation of voluntary contributions from State and University employees and State annuitants.

(e) "Retirement system" means any or all of the following: the General Assembly Retirement System, the State Employees' Retirement System of Illinois, the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, and the Judges Retirement System.

(f) "State annuitant" means a person receiving an annuity or disability benefit under Article 2, 14, 15, 16, or 18 of the Illinois Pension Code.

(Source: P.A. 102-291, eff. 8-6-21.)

Section 15. The Children and Family Services Act is amended by changing Sections 5, 5a, 5.15, 21, 22.1, and 22.4 as follows:

(20 ILCS 505/5)

(Text of Section before amendment by P.A. 104-107)

Sec. 5. Direct child welfare services; Department of Children and Family Services. To provide direct child welfare services when not available through other public or private child care or program facilities.

(a) For purposes of this Section:

(1) "Children" means persons found within the State who are under the age of 18 years. The term also includes persons under age 21 who:

(A) were committed to the Department pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court; or

(B) were accepted for care, service and training by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be served by continuing that care, service and training because of severe emotional disturbances, physical disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program.

(2) "Homeless youth" means persons found within the State who are under the age of 19, are not in a safe and stable living situation and cannot be reunited with their families.

(3) "Child welfare services" means public social services which are directed toward the accomplishment of the following purposes:

(A) protecting and promoting the health, safety and welfare of children, including homeless, dependent, or neglected children;

(B) remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children;

(C) preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing the breakup of the family where the prevention of child removal is desirable and possible when the child can be cared for at home without endangering the child's health and safety;

(D) restoring to their families children who have been removed, by the provision of services to the child and the families when the child can be cared for at home without endangering the child's health and safety;

(E) placing children in suitable permanent family arrangements, through guardianship or adoption, in cases where restoration to the birth family is not safe, possible, or appropriate;

(F) at the time of placement, conducting concurrent planning, as described in subsection (l-1) of this Section, so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child;

(G) (blank);

(H) (blank); and

(I) placing and maintaining children in facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group treatment program, in a licensed shelter facility, or secure child care facility. The Department is not required to place or maintain children:

(i) who are in a foster home, or

(ii) who are persons with a developmental disability, as defined in the Mental Health and Developmental Disabilities Code, or

(iii) who are female children who are pregnant, pregnant and parenting, or parenting, or

(iv) who are siblings, in facilities that provide separate living quarters for children 18 years of age and older and for children under 18 years of age.

(b) (Blank).

(b-5) The Department shall adopt rules to establish a process for all licensed residential providers in Illinois to submit data as required by the Department if they contract or receive reimbursement for children's mental health, substance use, and developmental disability services from the Department of Human Services, the Department of Juvenile Justice, or the Department of Healthcare and Family Services. The requested data must include, but is not limited to, capacity, staffing, and occupancy data for the purpose of establishing State need and placement availability.

All information collected, shared, or stored pursuant to this subsection shall be handled in accordance with all State and federal privacy laws and accompanying regulations and rules, including, without limitation, the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the Mental Health and Developmental Disabilities Confidentiality Act.

(c) The Department shall establish and maintain tax-supported child welfare services and extend and seek to improve voluntary services throughout the State, to the end that services and care shall be available on an equal basis throughout the State to children requiring such services.

(d) The Director may authorize advance disbursements for any new program initiative to any agency contracting with the Department. As a prerequisite for an advance disbursement, the contractor must post a surety bond in the amount of the advance disbursement and have a purchase of service contract approved by the Department. The Department may pay up to 2 months operational expenses in advance. The amount of the advance disbursement shall be prorated over the life of the contract or the remaining months of the fiscal year, whichever is less, and the installment amount shall then be deducted from future bills. Advance disbursement authorizations for new initiatives shall not be made to any agency after that agency has operated during 2 consecutive fiscal years. The requirements of this Section concerning advance disbursements shall not apply with respect to the following: payments to local public agencies for child day care services as authorized by Section 5a of this Act; and youth service programs receiving grant funds under Section 17a-4.

(e) (Blank).

(f) (Blank).

(g) The Department shall establish rules and regulations concerning its operation of programs designed to meet the goals of child safety and protection, family preservation, and permanency, including, but not limited to:

(1) reunification, guardianship, and adoption;

(2) relative and licensed foster care;

(3) family counseling;

(4) protective services;

(5) (blank);

(6) homemaker service;

(7) return of runaway children;

(8) (blank);

(9) placement under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court Act of 1987 in accordance with the federal Adoption Assistance and Child Welfare Act of 1980; and

(10) interstate services.

Rules and regulations established by the Department shall include provisions for training Department staff and the staff of Department grantees, through contracts with other agencies or resources, in screening techniques to identify substance use disorders, as defined in the Substance Use Disorder Act, approved by the Department of Human Services, as a successor to the Department of Alcoholism and Substance Abuse, for the purpose of identifying children and adults who should be referred for an assessment at an organization appropriately licensed by the Department of Human Services for substance use disorder treatment.

(h) If the Department finds that there is no appropriate program or facility within or available to the Department for a youth in care and that no licensed private facility has an adequate and appropriate program or none agrees to accept the youth in care, the Department shall create an appropriate individualized, program-oriented plan for such youth in care. The plan may be developed within the Department or through purchase of services by the Department to the extent that it is within its statutory authority to do.

(i) Service programs shall be available throughout the State and shall include but not be limited to the following services:

(1) case management;

(2) homemakers;

(3) counseling;

(4) parent education;

(5) day care;

(6) emergency assistance and advocacy; and

(7) kinship navigator and relative caregiver supports.

In addition, the following services may be made available to assess and meet the needs of children and families:

(1) comprehensive family-based services;

(2) assessments;

(3) respite care; and

(4) in-home health services.

The Department shall provide transportation for any of the services it makes available to children or families or for which it refers children or families.

(j) The Department may provide categories of financial assistance and education assistance grants, and shall establish rules and regulations concerning the assistance and grants, to persons who adopt or become subsidized guardians of children with physical or mental disabilities, children who are older, or other hard-to-place children who (i) immediately prior to their adoption or subsidized guardianship were youth in care or (ii) were determined eligible for financial assistance with respect to a prior adoption and who become available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died. The Department may continue to provide financial assistance and education assistance grants for a child who was determined eligible for financial assistance under this subsection (j) in the interim period beginning when the child's adoptive parents died and ending with the finalization of the new adoption of the child by another adoptive parent or parents. The Department may also provide categories of financial assistance and education assistance grants, and shall establish rules and regulations for the assistance and grants, to persons appointed guardian of the person under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court Act of 1987 for children who were youth in care for 12 months immediately prior to the appointment of the guardian.

The amount of assistance may vary, depending upon the needs of the child and the adoptive parents or subsidized guardians, as set forth in the annual assistance agreement. Special purpose grants are allowed where the child requires special service but such costs may not exceed the amounts which similar services would cost the Department if it were to provide or secure them as guardian of the child.

Any financial assistance provided under this subsection is inalienable by assignment, sale, execution, attachment, garnishment, or any other remedy for recovery or collection of a judgment or debt.

(j-5) The Department shall not deny or delay the placement of a child for adoption if an approved family is available either outside of the Department region handling the case, or outside of the State of Illinois.

(k) The Department shall accept for care and training any child who has been adjudicated neglected or abused, or dependent committed to it pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987.

(l) The Department shall offer family preservation services, as defined in Section 8.2 of the Abused and Neglected Child Reporting Act, to help families, including adoptive and extended families. Family preservation services shall be offered (i) to prevent the placement of children in substitute care when the children can be cared for at home or in the custody of the person responsible for the children's welfare, (ii) to reunite children with their families, or (iii) to maintain an adoption or subsidized guardianship. Family preservation services shall only be offered when doing so will not endanger the children's health or safety. With respect to children who are in substitute care pursuant to the Juvenile Court Act of 1987, family preservation services shall not be offered if a goal other than those of subdivisions (A), (B), or (B-1) of subsection (2.3) of Section 2-28 of that Act has been set, except that reunification services may be offered as provided in paragraph (F) of subsection (2.3) of Section 2-28 of that Act. Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.

The Department shall notify the child and the child's family of the Department's responsibility to offer and provide family preservation services as identified in the service plan. The child and the child's family shall be eligible for services as soon as the report is determined to be "indicated". The Department may offer services to any child or family with respect to whom a report of suspected child abuse or neglect has been filed, prior to concluding its investigation under Section 7.12 of the Abused and Neglected Child Reporting Act. However, the child's or family's willingness to accept services shall not be considered in the investigation. The Department may also provide services to any child or family who is the subject of any report of suspected child abuse or neglect or may refer such child or family to services available from other agencies in the community, even if the report is determined to be unfounded, if the conditions in the child's or family's home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect. Acceptance of such services shall be voluntary. The Department may also provide services to any child or family after completion of a family assessment, as an alternative to an investigation, as provided under the "differential response program" provided for in subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act.

The Department may, at its discretion except for those children also adjudicated neglected or dependent, accept for care and training any child who has been adjudicated addicted, as a truant minor in need of supervision or as a minor requiring authoritative intervention, under the Juvenile Court Act or the Juvenile Court Act of 1987, but no such child shall be committed to the Department by any court without the approval of the Department. On and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 16 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. On and after January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 15 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency. The Department shall assign a caseworker to attend any hearing involving a youth in the care and custody of the Department who is placed on aftercare release, including hearings involving sanctions for violation of aftercare release conditions and aftercare release revocation hearings.

As soon as is possible, the Department shall develop and implement a special program of family preservation services to support intact, relative, foster, and adoptive families who are experiencing extreme hardships due to the difficulty and stress of caring for a child who has been diagnosed with a pervasive developmental disorder if the Department determines that those services are necessary to ensure the health and safety of the child. The Department may offer services to any family whether or not a report has been filed under the Abused and Neglected Child Reporting Act. The Department may refer the child or family to services available from other agencies in the community if the conditions in the child's or family's home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect. Acceptance of these services shall be voluntary. The Department shall develop and implement a public information campaign to alert health and social service providers and the general public about these special family preservation services. The nature and scope of the services offered and the number of families served under the special program implemented under this paragraph shall be determined by the level of funding that the Department annually allocates for this purpose. The term "pervasive developmental disorder" under this paragraph means a neurological condition, including, but not limited to, Asperger's Syndrome and autism, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

(l-1) The General Assembly recognizes that the best interests of the child require that the child be placed in the most permanent living arrangement that is an appropriate option for the child, consistent with the child's best interest, using the factors set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987 as soon as is practically possible. To achieve this goal, the General Assembly directs the Department of Children and Family Services to conduct concurrent planning so that permanency may occur at the earliest opportunity. Permanent living arrangements may include prevention of placement of a child outside the home of the family when the child can be cared for at home without endangering the child's health or safety; reunification with the family, when safe and appropriate, if temporary placement is necessary; or movement of the child toward the most appropriate living arrangement and legal status.

When determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the child's health and safety shall be the paramount concern.

When a child is placed in foster care, the Department shall ensure and document that reasonable efforts were made to prevent or eliminate the need to remove the child from the child's home. The Department must make reasonable efforts to reunify the family when temporary placement of the child occurs unless otherwise required, pursuant to the Juvenile Court Act of 1987. At any time after the dispositional hearing where the Department believes that further reunification services would be ineffective, it may request a finding from the court that reasonable efforts are no longer appropriate. The Department is not required to provide further reunification services after such a finding.

A decision to place a child in substitute care shall be made with considerations of the child's health, safety, and best interests. The Department shall make diligent efforts to place the child with a relative, document those diligent efforts, and document reasons for any failure or inability to secure such a relative placement. If the primary issue preventing an emergency placement of a child with a relative is a lack of resources, including, but not limited to, concrete goods, safety modifications, and services, the Department shall make diligent efforts to assist the relative in obtaining the necessary resources. No later than July 1, 2025, the Department shall adopt rules defining what is diligent and necessary in providing supports to potential relative placements. At the time of placement, consideration should also be given so that if reunification fails or is delayed, the placement has the potential to be an appropriate permanent placement for the child.

The Department shall adopt rules addressing concurrent planning for reunification and permanency. The Department shall consider the following factors when determining appropriateness of concurrent planning:

(1) the likelihood of prompt reunification;

(2) the past history of the family;

(3) the barriers to reunification being addressed by the family;

(4) the level of cooperation of the family;

(4.5) the child's wishes;

(5) the caregivers' willingness to work with the family to reunite;

(6) the willingness and ability of the caregivers' to provide a permanent placement;

(7) the age of the child;

(8) placement of siblings; and

(9) the wishes of the parent or parents unless the parental preferences are contrary to the best interests of the child.

(m) The Department may assume temporary custody of any child if:

(1) it has received a written consent to such temporary custody signed by the parents of the child or by the parent having custody of the child if the parents are not living together or by the guardian or custodian of the child if the child is not in the custody of either parent, or

(2) the child is found in the State and neither a parent, guardian nor custodian of the child can be located. If the child is found in the child's residence without a parent, guardian, custodian, or responsible caretaker, the Department may, instead of removing the child and assuming temporary custody, place an authorized representative of the Department in that residence until such time as a parent, guardian, or custodian enters the home and expresses a willingness and apparent ability to ensure the child's health and safety and resume permanent charge of the child, or until a relative enters the home and is willing and able to ensure the child's health and safety and assume charge of the child until a parent, guardian, or custodian enters the home and expresses such willingness and ability to ensure the child's safety and resume permanent charge. After a caretaker has remained in the home for a period not to exceed 12 hours, the Department must follow those procedures outlined in Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.

The Department shall have the authority, responsibilities and duties that a legal custodian of the child would have pursuant to subsection (9) of Section 1-3 of the Juvenile Court Act of 1987. Whenever a child is taken into temporary custody pursuant to an investigation under the Abused and Neglected Child Reporting Act, or pursuant to a referral and acceptance under the Juvenile Court Act of 1987 of a minor in limited custody, the Department, during the period of temporary custody and before the child is brought before a judicial officer as required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987, shall have the authority, responsibilities and duties that a legal custodian of the child would have under subsection (9) of Section 1-3 of the Juvenile Court Act of 1987.

The Department shall ensure that any child taken into custody is scheduled for an appointment for a medical examination.

A parent, guardian, or custodian of a child in the temporary custody of the Department who would have custody of the child if the child were not in the temporary custody of the Department may deliver to the Department a signed request that the Department surrender the temporary custody of the child. The Department may retain temporary custody of the child for 10 days after the receipt of the request, during which period the Department may cause to be filed a petition pursuant to the Juvenile Court Act of 1987. If a petition is so filed, the Department shall retain temporary custody of the child until the court orders otherwise. If a petition is not filed within the 10-day period, the child shall be surrendered to the custody of the requesting parent, guardian, or custodian not later than the expiration of the 10-day period, at which time the authority and duties of the Department with respect to the temporary custody of the child shall terminate.

(m-1) The Department may place children under 18 years of age in a secure child care facility licensed by the Department that cares for children who are in need of secure living arrangements for their health, safety, and well-being after a determination is made by the facility director and the Director or the Director's designate prior to admission to the facility subject to Section 2-27.1 of the Juvenile Court Act of 1987. This subsection (m-1) does not apply to a child who is subject to placement in a correctional facility operated pursuant to Section 3-15-2 of the Unified Code of Corrections, unless the child is a youth in care who was placed in the care of the Department before being subject to placement in a correctional facility and a court of competent jurisdiction has ordered placement of the child in a secure care facility.

(n) The Department may place children under 18 years of age in licensed child care facilities when in the opinion of the Department, appropriate services aimed at family preservation have been unsuccessful and cannot ensure the child's health and safety or are unavailable and such placement would be for their best interest. Payment for board, clothing, care, training and supervision of any child placed in a licensed child care facility may be made by the Department, by the parents or guardians of the estates of those children, or by both the Department and the parents or guardians, except that no payments shall be made by the Department for any child placed in a licensed child care facility for board, clothing, care, training, and supervision of such a child that exceed the average per capita cost of maintaining and of caring for a child in institutions for dependent or neglected children operated by the Department. However, such restriction on payments does not apply in cases where children require specialized care and treatment for problems of severe emotional disturbance, physical disability, social adjustment, or any combination thereof and suitable facilities for the placement of such children are not available at payment rates within the limitations set forth in this Section. All reimbursements for services delivered shall be absolutely inalienable by assignment, sale, attachment, or garnishment or otherwise.

(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. The Department shall have responsibility for the development and delivery of services under this Section. An eligible youth may access services under this Section through the Department of Children and Family Services or by referral from the Department of Human Services. Youth participating in services under this Section shall cooperate with the assigned case manager in developing an agreement identifying the services to be provided and how the youth will increase skills to achieve self-sufficiency. A homeless shelter is not considered appropriate housing for any youth receiving child welfare services under this Section. The Department shall continue child welfare services under this Section to any eligible minor until the minor becomes 21 years of age, no longer consents to participate, or achieves self-sufficiency as identified in the minor's service plan. The Department of Children and Family Services shall create clear, readable notice of the rights of former foster youth to child welfare services under this Section and how such services may be obtained. The Department of Children and Family Services and the Department of Human Services shall disseminate this information statewide. The Department shall adopt regulations describing services intended to assist minors in achieving sustainable self-sufficiency as independent adults.

(o) The Department shall establish an administrative review and appeal process for children and families who request or receive child welfare services from the Department. Youth in care who are placed by private child welfare agencies, and caregivers with whom those youth are placed, shall be afforded the same procedural and appeal rights as children and families in the case of placement by the Department, including the right to an initial review of a private agency decision by that agency. The Department shall ensure that any private child welfare agency, which accepts youth in care for placement, affords those rights to children and caregivers with whom those children are placed. The Department shall accept for administrative review and an appeal hearing a complaint made by (i) a child or caregiver with whom the child is placed concerning a decision following an initial review by a private child welfare agency or (ii) a prospective adoptive parent who alleges a violation of subsection (j-5) of this Section. An appeal of a decision concerning a change in the placement of a child shall be conducted in an expedited manner. A court determination that a current placement is necessary and appropriate under Section 2-28 of the Juvenile Court Act of 1987 does not constitute a judicial determination on the merits of an administrative appeal, filed by a former caregiver, involving a change of placement decision. No later than July 1, 2025, the Department shall adopt rules to develop a reconsideration process to review: a denial of certification of a relative, a denial of placement with a relative, and a denial of visitation with an identified relative. Rules shall include standards and criteria for reconsideration that incorporate the best interests of the child under subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987, address situations where multiple relatives seek certification, and provide that all rules regarding placement changes shall be followed. The rules shall outline the essential elements of each form used in the implementation and enforcement of the provisions of this amendatory Act of the 103rd General Assembly.

(p) (Blank).

(q) The Department may receive and use, in their entirety, for the benefit of children any gift, donation, or bequest of money or other property which is received on behalf of such children, or any financial benefits to which such children are or may become entitled while under the jurisdiction or care of the Department, except that the benefits described in Section 5.46 must be used and conserved consistent with the provisions under Section 5.46.

The Department shall set up and administer no-cost, interest-bearing accounts in appropriate financial institutions for children for whom the Department is legally responsible and who have been determined eligible for Veterans' Benefits, Social Security benefits, assistance allotments from the armed forces, court ordered payments, parental voluntary payments, Supplemental Security Income, Railroad Retirement payments, Black Lung benefits, or other miscellaneous payments. Interest earned by each account shall be credited to the account, unless disbursed in accordance with this subsection.

In disbursing funds from children's accounts, the Department shall:

(1) Establish standards in accordance with State and federal laws for disbursing money from children's accounts. In all circumstances, the Department's Guardianship Administrator or the Guardianship Administrator's designee must approve disbursements from children's accounts. The Department shall be responsible for keeping complete records of all disbursements for each account for any purpose.

(2) Calculate on a monthly basis the amounts paid from State funds for the child's board and care, medical care not covered under Medicaid, and social services; and utilize funds from the child's account, as covered by regulation, to reimburse those costs. Monthly, disbursements from all children's accounts, up to 1/12 of $13,000,000, shall be deposited by the Department into the General Revenue Fund and the balance over 1/12 of $13,000,000 into the DCFS Children's Services Fund.

(3) Maintain any balance remaining after reimbursing for the child's costs of care, as specified in item (2). The balance shall accumulate in accordance with relevant State and federal laws and shall be disbursed to the child or the child's guardian or to the issuing agency.

(r) The Department shall promulgate regulations encouraging all adoption agencies to voluntarily forward to the Department or its agent names and addresses of all persons who have applied for and have been approved for adoption of a hard-to-place child or child with a disability and the names of such children who have not been placed for adoption. A list of such names and addresses shall be maintained by the Department or its agent, and coded lists which maintain the confidentiality of the person seeking to adopt the child and of the child shall be made available, without charge, to every adoption agency in the State to assist the agencies in placing such children for adoption. The Department may delegate to an agent its duty to maintain and make available such lists. The Department shall ensure that such agent maintains the confidentiality of the person seeking to adopt the child and of the child.

(s) The Department of Children and Family Services may establish and implement a program to reimburse caregivers licensed, certified, or otherwise approved by the Department of Children and Family Services for damages sustained by the caregivers as a result of the malicious or negligent acts of children placed by the Department, as well as providing third party coverage for such caregivers with regard to actions of children placed by the Department to other individuals. Such coverage will be secondary to the caregiver's liability insurance policy, if applicable. The program shall be funded through appropriations from the General Revenue Fund, specifically designated for such purposes.

(t) The Department shall perform home studies and investigations and shall exercise supervision over visitation as ordered by a court pursuant to the Illinois Marriage and Dissolution of Marriage Act or the Adoption Act only if:

(1) an order entered by an Illinois court specifically directs the Department to perform such services; and

(2) the court has ordered one or both of the parties to the proceeding to reimburse the Department for its reasonable costs for providing such services in accordance with Department rules, or has determined that neither party is financially able to pay.

The Department shall provide written notification to the court of the specific arrangements for supervised visitation and projected monthly costs within 60 days of the court order. The Department shall send to the court information related to the costs incurred except in cases where the court has determined the parties are financially unable to pay. The court may order additional periodic reports as appropriate.

(u) In addition to other information that must be provided, whenever the Department places a child with a prospective adoptive parent or parents, in a licensed foster home, group home, or child care institution, in a relative home, or in a certified relative caregiver home, the Department shall provide to the caregiver, appropriate facility staff, or prospective adoptive parent or parents:

(1) available detailed information concerning the child's educational and health history, copies of immunization records (including insurance and medical card information), a history of the child's previous placements, if any, and reasons for placement changes excluding any information that identifies or reveals the location of any previous caregiver or adoptive parents;

(2) a copy of the child's portion of the client service plan, including any visitation arrangement, and all amendments or revisions to it as related to the child; and

(3) information containing details of the child's individualized education program educational plan when the child is receiving special education services.

The caregiver, appropriate facility staff, or prospective adoptive parent or parents, shall be informed of any known social or behavioral information (including, but not limited to, criminal background, fire setting, perpetuation of sexual abuse, destructive behavior, and substance abuse) necessary to care for and safeguard the children to be placed or currently in the home or setting. The Department may prepare a written summary of the information required by this paragraph, which may be provided to the caregiver, appropriate facility staff, or prospective adoptive parent in advance of a placement. The caregiver, appropriate facility staff, or prospective adoptive parent may review the supporting documents in the child's file in the presence of casework staff. In the case of an emergency placement, casework staff shall at least provide known information verbally, if necessary, and must subsequently provide the information in writing as required by this subsection.

The information described in this subsection shall be provided in writing. In the case of emergency placements when time does not allow prior review, preparation, and collection of written information, the Department shall provide such information as it becomes available. Within 10 business days after placement, the Department shall obtain from the caregiver, appropriate facility staff, or prospective adoptive parent or parents a signed verification of receipt of the information provided. Within 10 business days after placement, the Department shall provide to the child's guardian ad litem a copy of the information provided to the caregiver, appropriate facility staff, or prospective adoptive parent or parents. The information provided to the caregiver, appropriate facility staff, or prospective adoptive parent or parents shall be reviewed and approved regarding accuracy at the supervisory level.

(u-5) Beginning July 1, 2025, certified relative caregiver homes under Section 3.4 of the Child Care Act of 1969 shall be eligible to receive foster care maintenance payments from the Department in an amount no less than payments made to licensed foster family homes. Beginning July 1, 2025, relative homes providing care to a child placed by the Department that are not a certified relative caregiver home under Section 3.4 of the Child Care Act of 1969 or a licensed foster family home shall be eligible to receive payments from the Department in an amount no less 90% of the payments made to licensed foster family homes and certified relative caregiver homes.

(u-6) To assist relative and certified relative caregivers, no later than July 1, 2025, the Department shall adopt rules to implement a relative support program, as follows:

(1) For relative and certified relative caregivers, the Department is authorized to reimburse or prepay reasonable expenditures to remedy home conditions necessary to fulfill the home safety-related requirements of relative caregiver homes.

(2) The Department may provide short-term emergency funds to relative and certified relative caregiver homes experiencing extreme hardships due to the difficulty and stress associated with adding youth in care as new household members.

(3) Consistent with federal law, the Department shall include in any State Plan made in accordance with the Adoption Assistance and Child Welfare Act of 1980, Titles IV-E and XIX of the Social Security Act, and any other applicable federal laws the provision of kinship navigator program services. The Department shall apply for and administer all relevant federal aid in accordance with law. Federal funds acquired for the kinship navigator program shall be used for the development, implementation, and operation of kinship navigator program services. The kinship navigator program services may provide information, referral services, support, and assistance to relative and certified relative caregivers of youth in care to address their unique needs and challenges. Until the Department is approved to receive federal funds for these purposes, the Department shall publicly post on the Department's website semi-annual updates regarding the Department's progress in pursuing federal funding. Whenever the Department publicly posts these updates on its website, the Department shall notify the General Assembly through the General Assembly's designee.

(u-7) To support finding permanency for children through subsidized guardianship and adoption and to prevent disruption in guardianship and adoptive placements, the Department shall establish and maintain accessible subsidized guardianship and adoption support services for all children under 18 years of age placed in guardianship or adoption who, immediately preceding the guardianship or adoption, were in the custody or guardianship of the Department under Article II of the Juvenile Court Act of 1987.

The Department shall establish and maintain a toll-free number to respond to requests from the public about its subsidized guardianship and adoption support services under this subsection and shall staff the toll-free number so that calls are answered on a timely basis, but in no event more than one business day after the receipt of a request. These requests from the public may be made anonymously. To meet this obligation, the Department may utilize the same toll-free number the Department operates to respond to post-adoption requests under subsection (b-5) of Section 18.9 of the Adoption Act. The Department shall publicize information about the Department's subsidized guardianship support services and toll-free number as follows:

(1) it shall post information on the Department's website;

(2) it shall provide the information to every licensed child welfare agency and any entity providing subsidized guardianship support services in Illinois courts;

(3) it shall reference such information in the materials the Department provides to caregivers pursuing subsidized guardianship to inform them of their rights and responsibilities under the Child Care Act of 1969 and this Act;

(4) it shall provide the information, including the Department's Post Adoption and Guardianship Services booklet, to eligible caregivers as part of its guardianship training and at the time they are presented with the Permanency Commitment form;

(5) it shall include, in each annual notification letter mailed to subsidized guardians, a short, 2-sided flier or news bulletin in plain language that describes access to post-guardianship services, how to access services under the Family Support Program, formerly known as the Individual Care Grant Program, the webpage address to the Post Adoption and Guardianship Services booklet, information on how to request that a copy of the booklet be mailed; and

(6) it shall ensure that kinship navigator programs of this State, when established, have this information to include in materials the programs provide to caregivers.

No later than July 1, 2026, the Department shall provide a mechanism for the public to make information requests by electronic means.

The Department shall review and update annually all information relating to its subsidized guardianship support services, including its Post Adoption and Guardianship Services booklet, to include updated information on Family Support Program services eligibility and subsidized guardianship support services that are available through the medical assistance program established under Article V of the Illinois Public Aid Code or any other State program for mental health services. The Department and the Department of Healthcare and Family Services shall coordinate their efforts in the development of these resources.

Every licensed child welfare agency and any entity providing kinship navigator programs funded by the Department shall provide the Department's website address and link to the Department's subsidized guardianship support services information set forth in subsection (d), including the Department's toll-free number, to every relative who is or will be providing guardianship placement for a child placed by the Department.

(v) The Department shall access criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in Section 2605-355 of the Illinois State Police Law if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The Department shall provide for interactive computerized communication and processing equipment that permits direct online on-line communication with the Illinois State Police's central criminal history data repository. The Department shall comply with all certification requirements and provide certified operators who have been trained by personnel from the Illinois State Police. In addition, one Office of the Inspector General investigator shall have training in the use of the criminal history information access system and have access to the terminal. The Department of Children and Family Services and its employees shall abide by rules and regulations established by the Illinois State Police relating to the access and dissemination of this information.

(v-1) Prior to final approval for placement of a child with a foster or adoptive parent, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including fingerprint-based checks of national crime information databases. Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including human trafficking, sex trafficking, rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years.

(v-2) Prior to final approval for placement of a child with a foster or adoptive parent, the Department shall check its child abuse and neglect registry for information concerning prospective foster and adoptive parents, and any adult living in the home. If any prospective foster or adoptive parent or other adult living in the home has resided in another state in the preceding 5 years, the Department shall request a check of that other state's child abuse and neglect registry.

(v-3) Prior to the final approval of final placement of a related child in a certified relative caregiver home as defined in Section 2.37 of the Child Care Act of 1969, the Department shall ensure that the background screening meets the standards required under subsection (c) of Section 3.4 of the Child Care Act of 1969.

(v-4) Prior to final approval for placement of a child with a relative, as defined in Section 4d of this Act, who is not a licensed foster parent, has declined to seek approval to be a certified relative caregiver, or was denied approval as a certified relative caregiver, the Department shall:

(i) check the child abuse and neglect registry for information concerning the prospective relative caregiver and any other adult living in the home. If any prospective relative caregiver or other adult living in the home has resided in another state in the preceding 5 years, the Department shall request a check of that other state's child abuse and neglect registry; and

(ii) conduct a criminal records background check of the prospective relative caregiver and all other adults living in the home, including fingerprint-based checks of national crime information databases. Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including human trafficking, sex trafficking, rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years; provided however, that the Department is empowered to grant a waiver as the Department may provide by rule, and the Department approves the request for the waiver based on a comprehensive evaluation of the caregiver and household members and the conditions relating to the safety of the placement.

No later than July 1, 2025, the Department shall adopt rules or revise existing rules to effectuate the changes made to this subsection (v-4). The rules shall outline the essential elements of each form used in the implementation and enforcement of the provisions of this amendatory Act of the 103rd General Assembly.

(w) (Blank).

(x) The Department shall conduct annual credit history checks to determine the financial history of children placed under its guardianship pursuant to the Juvenile Court Act of 1987. The Department shall conduct such credit checks starting when a youth in care turns 12 years old and each year thereafter for the duration of the guardianship as terminated pursuant to the Juvenile Court Act of 1987. The Department shall determine if financial exploitation of the child's personal information has occurred. If financial exploitation appears to have taken place or is presently ongoing, the Department shall notify the proper law enforcement agency, the proper State's Attorney, or the Attorney General.

(y) Beginning on July 22, 2010 (the effective date of Public Act 96-1189), a child with a disability who receives residential and educational services from the Department shall be eligible to receive transition services in accordance with Article 14 of the School Code from the age of 14.5 through age 21, inclusive, notwithstanding the child's residential services arrangement. For purposes of this subsection, "child with a disability" means a child with a disability as defined by the federal Individuals with Disabilities Education Improvement Act of 2004.

(z) The Department shall access criminal history record information as defined as "background information" in this subsection and criminal history record information as defined in the Illinois Uniform Conviction Information Act for each Department employee or Department applicant. Each Department employee or Department applicant shall submit the employee's or applicant's fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and the Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. The Illinois State Police shall furnish, pursuant to positive identification, all Illinois conviction information to the Department of Children and Family Services.

For purposes of this subsection:

"Background information" means all of the following:

(i) Upon the request of the Department of Children and Family Services, conviction information obtained from the Illinois State Police as a result of a fingerprint-based criminal history records check of the Illinois criminal history records database and the Federal Bureau of Investigation criminal history records database concerning a Department employee or Department applicant.

(ii) Information obtained by the Department of Children and Family Services after performing a check of the Illinois State Police's Sex Offender Database, as authorized by Section 120 of the Sex Offender Community Notification Law, concerning a Department employee or Department applicant.

(iii) Information obtained by the Department of Children and Family Services after performing a check of the Child Abuse and Neglect Tracking System (CANTS) operated and maintained by the Department.

"Department employee" means a full-time or temporary employee coded or certified within the State of Illinois Personnel System.

"Department applicant" means an individual who has conditional Department full-time or part-time work, a contractor, an individual used to replace or supplement staff, an academic intern, a volunteer in Department offices or on Department contracts, a work-study student, an individual or entity licensed by the Department, or an unlicensed service provider who works as a condition of a contract or an agreement and whose work may bring the unlicensed service provider into contact with Department clients or client records.

(aa) The changes made to this Section by Public Act 104-165 this amendatory Act of the 104th General Assembly are declarative of existing law and are not a new enactment.

(Source: P.A. 103-22, eff. 8-8-23; 103-50, eff. 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061, eff. 7-1-25; 104-165, eff. 8-15-25; revised 9-11-25.)

(Text of Section after amendment by P.A. 104-107)

Sec. 5. Direct child welfare services; Department of Children and Family Services. To provide direct child welfare services when not available through other public or private child care or program facilities.

(a) For purposes of this Section:

(1) "Children" means persons found within the State who are under the age of 18 years. The term also includes persons under age 21 who:

(A) were committed to the Department pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court; or

(B) were accepted for care, service and training by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be served by continuing that care, service and training because of severe emotional disturbances, physical disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program.

(2) "Homeless youth" means persons found within the State who are under the age of 19, are not in a safe and stable living situation and cannot be reunited with their families.

(3) "Child welfare services" means public social services which are directed toward the accomplishment of the following purposes:

(A) protecting and promoting the health, safety and welfare of children, including homeless, dependent, or neglected children;

(B) remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children;

(C) preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing the breakup of the family where the prevention of child removal is desirable and possible when the child can be cared for at home without endangering the child's health and safety;

(D) restoring to their families children who have been removed, by the provision of services to the child and the families when the child can be cared for at home without endangering the child's health and safety;

(E) placing children in suitable permanent family arrangements, through guardianship or adoption, in cases where restoration to the birth family is not safe, possible, or appropriate;

(F) at the time of placement, conducting concurrent planning, as described in subsection (l-1) of this Section, so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child;

(F-1) preparing adolescents to successfully transition to independence, including transition planning for youth who qualify for a guardian as a person with a disability under Article XIa of the Probate Act of 1975;

(G) (blank);

(H) (blank); and

(I) placing and maintaining children in facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group treatment program, in a licensed shelter facility, or secure child care facility. The Department is not required to place or maintain children:

(i) who are in a foster home, or

(ii) who are persons with a developmental disability, as defined in the Mental Health and Developmental Disabilities Code, or

(iii) who are female children who are pregnant, pregnant and parenting, or parenting, or

(iv) who are siblings, in facilities that provide separate living quarters for children 18 years of age and older and for children under 18 years of age.

(b) (Blank).

(b-5) The Department shall adopt rules to establish a process for all licensed residential providers in Illinois to submit data as required by the Department if they contract or receive reimbursement for children's mental health, substance use, and developmental disability services from the Department of Human Services, the Department of Juvenile Justice, or the Department of Healthcare and Family Services. The requested data must include, but is not limited to, capacity, staffing, and occupancy data for the purpose of establishing State need and placement availability.

All information collected, shared, or stored pursuant to this subsection shall be handled in accordance with all State and federal privacy laws and accompanying regulations and rules, including, without limitation, the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the Mental Health and Developmental Disabilities Confidentiality Act.

(c) The Department shall establish and maintain tax-supported child welfare services and extend and seek to improve voluntary services throughout the State, to the end that services and care shall be available on an equal basis throughout the State to children requiring such services.

(d) The Director may authorize advance disbursements for any new program initiative to any agency contracting with the Department. As a prerequisite for an advance disbursement, the contractor must post a surety bond in the amount of the advance disbursement and have a purchase of service contract approved by the Department. The Department may pay up to 2 months operational expenses in advance. The amount of the advance disbursement shall be prorated over the life of the contract or the remaining months of the fiscal year, whichever is less, and the installment amount shall then be deducted from future bills. Advance disbursement authorizations for new initiatives shall not be made to any agency after that agency has operated during 2 consecutive fiscal years. The requirements of this Section concerning advance disbursements shall not apply with respect to the following: payments to local public agencies for child day care services as authorized by Section 5a of this Act; and youth service programs receiving grant funds under Section 17a-4.

(e) (Blank).

(f) (Blank).

(g) The Department shall establish rules and regulations concerning its operation of programs designed to meet the goals of child safety and protection, family preservation, and permanency, including, but not limited to:

(1) reunification, guardianship, and adoption;

(2) relative and licensed foster care;

(3) family counseling;

(4) protective services;

(5) (blank);

(6) homemaker service;

(7) return of runaway children;

(8) (blank);

(9) placement under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court Act of 1987 in accordance with the federal Adoption Assistance and Child Welfare Act of 1980;

(10) interstate services; and

(11) transition planning for youth aging out of care.

Rules and regulations established by the Department shall include provisions for training Department staff and the staff of Department grantees, through contracts with other agencies or resources, in screening techniques to identify substance use disorders, as defined in the Substance Use Disorder Act, approved by the Department of Human Services, as a successor to the Department of Alcoholism and Substance Abuse, for the purpose of identifying children and adults who should be referred for an assessment at an organization appropriately licensed by the Department of Human Services for substance use disorder treatment.

(h) If the Department finds that there is no appropriate program or facility within or available to the Department for a youth in care and that no licensed private facility has an adequate and appropriate program or none agrees to accept the youth in care, the Department shall create an appropriate individualized, program-oriented plan for such youth in care. The plan may be developed within the Department or through purchase of services by the Department to the extent that it is within its statutory authority to do.

(i) Service programs shall be available throughout the State and shall include but not be limited to the following services:

(1) case management;

(2) homemakers;

(3) counseling;

(4) parent education;

(5) child day care;

(6) emergency assistance and advocacy; and

(7) kinship navigator and relative caregiver supports.

In addition, the following services may be made available to assess and meet the needs of children and families:

(1) comprehensive family-based services;

(2) assessments;

(3) respite care; and

(4) in-home health services.

The Department shall provide transportation for any of the services it makes available to children or families or for which it refers children or families.

(j) The Department may provide categories of financial assistance and education assistance grants, and shall establish rules and regulations concerning the assistance and grants, to persons who adopt or become subsidized guardians of children with physical or mental disabilities, children who are older, or other hard-to-place children who (i) immediately prior to their adoption or subsidized guardianship were youth in care or (ii) were determined eligible for financial assistance with respect to a prior adoption and who become available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died. The Department may continue to provide financial assistance and education assistance grants for a child who was determined eligible for financial assistance under this subsection (j) in the interim period beginning when the child's adoptive parents died and ending with the finalization of the new adoption of the child by another adoptive parent or parents. The Department may also provide categories of financial assistance and education assistance grants, and shall establish rules and regulations for the assistance and grants, to persons appointed guardian of the person under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court Act of 1987 for children who were youth in care for 12 months immediately prior to the appointment of the guardian.

The amount of assistance may vary, depending upon the needs of the child and the adoptive parents or subsidized guardians, as set forth in the annual assistance agreement. Special purpose grants are allowed where the child requires special service but such costs may not exceed the amounts which similar services would cost the Department if it were to provide or secure them as guardian of the child.

Any financial assistance provided under this subsection is inalienable by assignment, sale, execution, attachment, garnishment, or any other remedy for recovery or collection of a judgment or debt.

(j-5) The Department shall not deny or delay the placement of a child for adoption if an approved family is available either outside of the Department region handling the case, or outside of the State of Illinois.

(k) The Department shall accept for care and training any child who has been adjudicated neglected or abused, or dependent committed to it pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987.

(l) The Department shall offer family preservation services, as defined in Section 8.2 of the Abused and Neglected Child Reporting Act, to help families, including adoptive and extended families. Family preservation services shall be offered (i) to prevent the placement of children in substitute care when the children can be cared for at home or in the custody of the person responsible for the children's welfare, (ii) to reunite children with their families, or (iii) to maintain an adoption or subsidized guardianship. Family preservation services shall only be offered when doing so will not endanger the children's health or safety. With respect to children who are in substitute care pursuant to the Juvenile Court Act of 1987, family preservation services shall not be offered if a goal other than those of subdivisions (A), (B), or (B-1) of subsection (2.3) of Section 2-28 of that Act has been set, except that reunification services may be offered as provided in paragraph (F) of subsection (2.3) of Section 2-28 of that Act. Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.

The Department shall notify the child and the child's family of the Department's responsibility to offer and provide family preservation services as identified in the service plan. The child and the child's family shall be eligible for services as soon as the report is determined to be "indicated". The Department may offer services to any child or family with respect to whom a report of suspected child abuse or neglect has been filed, prior to concluding its investigation under Section 7.12 of the Abused and Neglected Child Reporting Act. However, the child's or family's willingness to accept services shall not be considered in the investigation. The Department may also provide services to any child or family who is the subject of any report of suspected child abuse or neglect or may refer such child or family to services available from other agencies in the community, even if the report is determined to be unfounded, if the conditions in the child's or family's home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect. Acceptance of such services shall be voluntary. The Department may also provide services to any child or family after completion of a family assessment, as an alternative to an investigation, as provided under the "differential response program" provided for in subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act.

The Department may, at its discretion except for those children also adjudicated neglected or dependent, accept for care and training any child who has been adjudicated addicted, as a truant minor in need of supervision or as a minor requiring authoritative intervention, under the Juvenile Court Act or the Juvenile Court Act of 1987, but no such child shall be committed to the Department by any court without the approval of the Department. On and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 16 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. On and after January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 15 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency. The Department shall assign a caseworker to attend any hearing involving a youth in the care and custody of the Department who is placed on aftercare release, including hearings involving sanctions for violation of aftercare release conditions and aftercare release revocation hearings.

As soon as is possible, the Department shall develop and implement a special program of family preservation services to support intact, relative, foster, and adoptive families who are experiencing extreme hardships due to the difficulty and stress of caring for a child who has been diagnosed with a pervasive developmental disorder if the Department determines that those services are necessary to ensure the health and safety of the child. The Department may offer services to any family whether or not a report has been filed under the Abused and Neglected Child Reporting Act. The Department may refer the child or family to services available from other agencies in the community if the conditions in the child's or family's home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect. Acceptance of these services shall be voluntary. The Department shall develop and implement a public information campaign to alert health and social service providers and the general public about these special family preservation services. The nature and scope of the services offered and the number of families served under the special program implemented under this paragraph shall be determined by the level of funding that the Department annually allocates for this purpose. The term "pervasive developmental disorder" under this paragraph means a neurological condition, including, but not limited to, Asperger's Syndrome and autism, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

(l-1) The General Assembly recognizes that the best interests of the child require that the child be placed in the most permanent living arrangement that is an appropriate option for the child, consistent with the child's best interest, using the factors set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987 as soon as is practically possible. To achieve this goal, the General Assembly directs the Department of Children and Family Services to conduct concurrent planning so that permanency may occur at the earliest opportunity. Permanent living arrangements may include prevention of placement of a child outside the home of the family when the child can be cared for at home without endangering the child's health or safety; reunification with the family, when safe and appropriate, if temporary placement is necessary; or movement of the child toward the most appropriate living arrangement and legal status.

When determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the child's health and safety shall be the paramount concern.

When a child is placed in foster care, the Department shall ensure and document that reasonable efforts were made to prevent or eliminate the need to remove the child from the child's home. The Department must make reasonable efforts to reunify the family when temporary placement of the child occurs unless otherwise required, pursuant to the Juvenile Court Act of 1987. At any time after the dispositional hearing where the Department believes that further reunification services would be ineffective, it may request a finding from the court that reasonable efforts are no longer appropriate. The Department is not required to provide further reunification services after such a finding.

A decision to place a child in substitute care shall be made with considerations of the child's health, safety, and best interests. The Department shall make diligent efforts to place the child with a relative, document those diligent efforts, and document reasons for any failure or inability to secure such a relative placement. If the primary issue preventing an emergency placement of a child with a relative is a lack of resources, including, but not limited to, concrete goods, safety modifications, and services, the Department shall make diligent efforts to assist the relative in obtaining the necessary resources. No later than July 1, 2025, the Department shall adopt rules defining what is diligent and necessary in providing supports to potential relative placements. At the time of placement, consideration should also be given so that if reunification fails or is delayed, the placement has the potential to be an appropriate permanent placement for the child.

The Department shall adopt rules addressing concurrent planning for reunification and permanency. The Department shall consider the following factors when determining appropriateness of concurrent planning:

(1) the likelihood of prompt reunification;

(2) the past history of the family;

(3) the barriers to reunification being addressed by the family;

(4) the level of cooperation of the family;

(4.5) the child's wishes;

(5) the caregivers' willingness to work with the family to reunite;

(6) the willingness and ability of the caregivers' to provide a permanent placement;

(7) the age of the child;

(8) placement of siblings; and

(9) the wishes of the parent or parents unless the parental preferences are contrary to the best interests of the child.

(m) The Department may assume temporary custody of any child if:

(1) it has received a written consent to such temporary custody signed by the parents of the child or by the parent having custody of the child if the parents are not living together or by the guardian or custodian of the child if the child is not in the custody of either parent, or

(2) the child is found in the State and neither a parent, guardian nor custodian of the child can be located. If the child is found in the child's residence without a parent, guardian, custodian, or responsible caretaker, the Department may, instead of removing the child and assuming temporary custody, place an authorized representative of the Department in that residence until such time as a parent, guardian, or custodian enters the home and expresses a willingness and apparent ability to ensure the child's health and safety and resume permanent charge of the child, or until a relative enters the home and is willing and able to ensure the child's health and safety and assume charge of the child until a parent, guardian, or custodian enters the home and expresses such willingness and ability to ensure the child's safety and resume permanent charge. After a caretaker has remained in the home for a period not to exceed 12 hours, the Department must follow those procedures outlined in Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.

The Department shall have the authority, responsibilities and duties that a legal custodian of the child would have pursuant to subsection (9) of Section 1-3 of the Juvenile Court Act of 1987. Whenever a child is taken into temporary custody pursuant to an investigation under the Abused and Neglected Child Reporting Act, or pursuant to a referral and acceptance under the Juvenile Court Act of 1987 of a minor in limited custody, the Department, during the period of temporary custody and before the child is brought before a judicial officer as required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987, shall have the authority, responsibilities and duties that a legal custodian of the child would have under subsection (9) of Section 1-3 of the Juvenile Court Act of 1987.

The Department shall ensure that any child taken into custody is scheduled for an appointment for a medical examination.

A parent, guardian, or custodian of a child in the temporary custody of the Department who would have custody of the child if the child were not in the temporary custody of the Department may deliver to the Department a signed request that the Department surrender the temporary custody of the child. The Department may retain temporary custody of the child for 10 days after the receipt of the request, during which period the Department may cause to be filed a petition pursuant to the Juvenile Court Act of 1987. If a petition is so filed, the Department shall retain temporary custody of the child until the court orders otherwise. If a petition is not filed within the 10-day period, the child shall be surrendered to the custody of the requesting parent, guardian, or custodian not later than the expiration of the 10-day period, at which time the authority and duties of the Department with respect to the temporary custody of the child shall terminate.

(m-1) The Department may place children under 18 years of age in a secure child care facility licensed by the Department that cares for children who are in need of secure living arrangements for their health, safety, and well-being after a determination is made by the facility director and the Director or the Director's designate prior to admission to the facility subject to Section 2-27.1 of the Juvenile Court Act of 1987. This subsection (m-1) does not apply to a child who is subject to placement in a correctional facility operated pursuant to Section 3-15-2 of the Unified Code of Corrections, unless the child is a youth in care who was placed in the care of the Department before being subject to placement in a correctional facility and a court of competent jurisdiction has ordered placement of the child in a secure care facility.

(n) The Department may place children under 18 years of age in licensed child care facilities when in the opinion of the Department, appropriate services aimed at family preservation have been unsuccessful and cannot ensure the child's health and safety or are unavailable and such placement would be for their best interest. Payment for board, clothing, care, training and supervision of any child placed in a licensed child care facility may be made by the Department, by the parents or guardians of the estates of those children, or by both the Department and the parents or guardians, except that no payments shall be made by the Department for any child placed in a licensed child care facility for board, clothing, care, training, and supervision of such a child that exceed the average per capita cost of maintaining and of caring for a child in institutions for dependent or neglected children operated by the Department. However, such restriction on payments does not apply in cases where children require specialized care and treatment for problems of severe emotional disturbance, physical disability, social adjustment, or any combination thereof and suitable facilities for the placement of such children are not available at payment rates within the limitations set forth in this Section. All reimbursements for services delivered shall be absolutely inalienable by assignment, sale, attachment, or garnishment or otherwise.

(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. The Department shall have responsibility for the development and delivery of services under this Section. An eligible youth may access services under this Section through the Department of Children and Family Services or by referral from the Department of Human Services. Youth participating in services under this Section shall cooperate with the assigned case manager in developing an agreement identifying the services to be provided and how the youth will increase skills to achieve self-sufficiency. A homeless shelter is not considered appropriate housing for any youth receiving child welfare services under this Section. The Department shall continue child welfare services under this Section to any eligible minor until the minor becomes 21 years of age, no longer consents to participate, or achieves self-sufficiency as identified in the minor's service plan. The Department of Children and Family Services shall create clear, readable notice of the rights of former foster youth to child welfare services under this Section and how such services may be obtained. The Department of Children and Family Services and the Department of Human Services shall disseminate this information statewide. The Department shall adopt regulations describing services intended to assist minors in achieving sustainable self-sufficiency as independent adults.

(o) The Department shall establish an administrative review and appeal process for children and families who request or receive child welfare services from the Department. Youth in care who are placed by private child welfare agencies, and caregivers with whom those youth are placed, shall be afforded the same procedural and appeal rights as children and families in the case of placement by the Department, including the right to an initial review of a private agency decision by that agency. The Department shall ensure that any private child welfare agency, which accepts youth in care for placement, affords those rights to children and caregivers with whom those children are placed. The Department shall accept for administrative review and an appeal hearing a complaint made by (i) a child or caregiver with whom the child is placed concerning a decision following an initial review by a private child welfare agency or (ii) a prospective adoptive parent who alleges a violation of subsection (j-5) of this Section. An appeal of a decision concerning a change in the placement of a child shall be conducted in an expedited manner. A court determination that a current placement is necessary and appropriate under Section 2-28 of the Juvenile Court Act of 1987 does not constitute a judicial determination on the merits of an administrative appeal, filed by a former caregiver, involving a change of placement decision. No later than July 1, 2025, the Department shall adopt rules to develop a reconsideration process to review: a denial of certification of a relative, a denial of placement with a relative, and a denial of visitation with an identified relative. Rules shall include standards and criteria for reconsideration that incorporate the best interests of the child under subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987, address situations where multiple relatives seek certification, and provide that all rules regarding placement changes shall be followed. The rules shall outline the essential elements of each form used in the implementation and enforcement of the provisions of this amendatory Act of the 103rd General Assembly.

(p) (Blank).

(q) The Department may receive and use, in their entirety, for the benefit of children any gift, donation, or bequest of money or other property which is received on behalf of such children, or any financial benefits to which such children are or may become entitled while under the jurisdiction or care of the Department, except that the benefits described in Section 5.46 must be used and conserved consistent with the provisions under Section 5.46.

The Department shall set up and administer no-cost, interest-bearing accounts in appropriate financial institutions for children for whom the Department is legally responsible and who have been determined eligible for Veterans' Benefits, Social Security benefits, assistance allotments from the armed forces, court ordered payments, parental voluntary payments, Supplemental Security Income, Railroad Retirement payments, Black Lung benefits, or other miscellaneous payments. Interest earned by each account shall be credited to the account, unless disbursed in accordance with this subsection.

In disbursing funds from children's accounts, the Department shall:

(1) Establish standards in accordance with State and federal laws for disbursing money from children's accounts. In all circumstances, the Department's Guardianship Administrator or the Guardianship Administrator's designee must approve disbursements from children's accounts. The Department shall be responsible for keeping complete records of all disbursements for each account for any purpose.

(2) Calculate on a monthly basis the amounts paid from State funds for the child's board and care, medical care not covered under Medicaid, and social services; and utilize funds from the child's account, as covered by regulation, to reimburse those costs. Monthly, disbursements from all children's accounts, up to 1/12 of $13,000,000, shall be deposited by the Department into the General Revenue Fund and the balance over 1/12 of $13,000,000 into the DCFS Children's Services Fund.

(3) Maintain any balance remaining after reimbursing for the child's costs of care, as specified in item (2). The balance shall accumulate in accordance with relevant State and federal laws and shall be disbursed to the child or the child's guardian or to the issuing agency.

(r) The Department shall promulgate regulations encouraging all adoption agencies to voluntarily forward to the Department or its agent names and addresses of all persons who have applied for and have been approved for adoption of a hard-to-place child or child with a disability and the names of such children who have not been placed for adoption. A list of such names and addresses shall be maintained by the Department or its agent, and coded lists which maintain the confidentiality of the person seeking to adopt the child and of the child shall be made available, without charge, to every adoption agency in the State to assist the agencies in placing such children for adoption. The Department may delegate to an agent its duty to maintain and make available such lists. The Department shall ensure that such agent maintains the confidentiality of the person seeking to adopt the child and of the child.

(s) The Department of Children and Family Services may establish and implement a program to reimburse caregivers licensed, certified, or otherwise approved by the Department of Children and Family Services for damages sustained by the caregivers as a result of the malicious or negligent acts of children placed by the Department, as well as providing third party coverage for such caregivers with regard to actions of children placed by the Department to other individuals. Such coverage will be secondary to the caregiver's liability insurance policy, if applicable. The program shall be funded through appropriations from the General Revenue Fund, specifically designated for such purposes.

(t) The Department shall perform home studies and investigations and shall exercise supervision over visitation as ordered by a court pursuant to the Illinois Marriage and Dissolution of Marriage Act or the Adoption Act only if:

(1) an order entered by an Illinois court specifically directs the Department to perform such services; and

(2) the court has ordered one or both of the parties to the proceeding to reimburse the Department for its reasonable costs for providing such services in accordance with Department rules, or has determined that neither party is financially able to pay.

The Department shall provide written notification to the court of the specific arrangements for supervised visitation and projected monthly costs within 60 days of the court order. The Department shall send to the court information related to the costs incurred except in cases where the court has determined the parties are financially unable to pay. The court may order additional periodic reports as appropriate.

(u) In addition to other information that must be provided, whenever the Department places a child with a prospective adoptive parent or parents, in a licensed foster home, group home, or child care institution, in a relative home, or in a certified relative caregiver home, the Department shall provide to the caregiver, appropriate facility staff, or prospective adoptive parent or parents:

(1) available detailed information concerning the child's educational and health history, copies of immunization records (including insurance and medical card information), a history of the child's previous placements, if any, and reasons for placement changes excluding any information that identifies or reveals the location of any previous caregiver or adoptive parents;

(2) a copy of the child's portion of the client service plan, including any visitation arrangement, and all amendments or revisions to it as related to the child; and

(3) information containing details of the child's individualized education program educational plan when the child is receiving special education services.

The caregiver, appropriate facility staff, or prospective adoptive parent or parents, shall be informed of any known social or behavioral information (including, but not limited to, criminal background, fire setting, perpetuation of sexual abuse, destructive behavior, and substance abuse) necessary to care for and safeguard the children to be placed or currently in the home or setting. The Department may prepare a written summary of the information required by this paragraph, which may be provided to the caregiver, appropriate facility staff, or prospective adoptive parent in advance of a placement. The caregiver, appropriate facility staff, or prospective adoptive parent may review the supporting documents in the child's file in the presence of casework staff. In the case of an emergency placement, casework staff shall at least provide known information verbally, if necessary, and must subsequently provide the information in writing as required by this subsection.

The information described in this subsection shall be provided in writing. In the case of emergency placements when time does not allow prior review, preparation, and collection of written information, the Department shall provide such information as it becomes available. Within 10 business days after placement, the Department shall obtain from the caregiver, appropriate facility staff, or prospective adoptive parent or parents a signed verification of receipt of the information provided. Within 10 business days after placement, the Department shall provide to the child's guardian ad litem a copy of the information provided to the caregiver, appropriate facility staff, or prospective adoptive parent or parents. The information provided to the caregiver, appropriate facility staff, or prospective adoptive parent or parents shall be reviewed and approved regarding accuracy at the supervisory level.

(u-5) Beginning July 1, 2025, certified relative caregiver homes under Section 3.4 of the Child Care Act of 1969 shall be eligible to receive foster care maintenance payments from the Department in an amount no less than payments made to licensed foster family homes. Beginning July 1, 2025, relative homes providing care to a child placed by the Department that are not a certified relative caregiver home under Section 3.4 of the Child Care Act of 1969 or a licensed foster family home shall be eligible to receive payments from the Department in an amount no less 90% of the payments made to licensed foster family homes and certified relative caregiver homes.

(u-6) To assist relative and certified relative caregivers, no later than July 1, 2025, the Department shall adopt rules to implement a relative support program, as follows:

(1) For relative and certified relative caregivers, the Department is authorized to reimburse or prepay reasonable expenditures to remedy home conditions necessary to fulfill the home safety-related requirements of relative caregiver homes.

(2) The Department may provide short-term emergency funds to relative and certified relative caregiver homes experiencing extreme hardships due to the difficulty and stress associated with adding youth in care as new household members.

(3) Consistent with federal law, the Department shall include in any State Plan made in accordance with the Adoption Assistance and Child Welfare Act of 1980, Titles IV-E and XIX of the Social Security Act, and any other applicable federal laws the provision of kinship navigator program services. The Department shall apply for and administer all relevant federal aid in accordance with law. Federal funds acquired for the kinship navigator program shall be used for the development, implementation, and operation of kinship navigator program services. The kinship navigator program services may provide information, referral services, support, and assistance to relative and certified relative caregivers of youth in care to address their unique needs and challenges. Until the Department is approved to receive federal funds for these purposes, the Department shall publicly post on the Department's website semi-annual updates regarding the Department's progress in pursuing federal funding. Whenever the Department publicly posts these updates on its website, the Department shall notify the General Assembly through the General Assembly's designee.

(u-7) To support finding permanency for children through subsidized guardianship and adoption and to prevent disruption in guardianship and adoptive placements, the Department shall establish and maintain accessible subsidized guardianship and adoption support services for all children under 18 years of age placed in guardianship or adoption who, immediately preceding the guardianship or adoption, were in the custody or guardianship of the Department under Article II of the Juvenile Court Act of 1987.

The Department shall establish and maintain a toll-free number to respond to requests from the public about its subsidized guardianship and adoption support services under this subsection and shall staff the toll-free number so that calls are answered on a timely basis, but in no event more than one business day after the receipt of a request. These requests from the public may be made anonymously. To meet this obligation, the Department may utilize the same toll-free number the Department operates to respond to post-adoption requests under subsection (b-5) of Section 18.9 of the Adoption Act. The Department shall publicize information about the Department's subsidized guardianship support services and toll-free number as follows:

(1) it shall post information on the Department's website;

(2) it shall provide the information to every licensed child welfare agency and any entity providing subsidized guardianship support services in Illinois courts;

(3) it shall reference such information in the materials the Department provides to caregivers pursuing subsidized guardianship to inform them of their rights and responsibilities under the Child Care Act of 1969 and this Act;

(4) it shall provide the information, including the Department's Post Adoption and Guardianship Services booklet, to eligible caregivers as part of its guardianship training and at the time they are presented with the Permanency Commitment form;

(5) it shall include, in each annual notification letter mailed to subsidized guardians, a short, 2-sided flier or news bulletin in plain language that describes access to post-guardianship services, how to access services under the Family Support Program, formerly known as the Individual Care Grant Program, the webpage address to the Post Adoption and Guardianship Services booklet, information on how to request that a copy of the booklet be mailed; and

(6) it shall ensure that kinship navigator programs of this State, when established, have this information to include in materials the programs provide to caregivers.

No later than July 1, 2026, the Department shall provide a mechanism for the public to make information requests by electronic means.

The Department shall review and update annually all information relating to its subsidized guardianship support services, including its Post Adoption and Guardianship Services booklet, to include updated information on Family Support Program services eligibility and subsidized guardianship support services that are available through the medical assistance program established under Article V of the Illinois Public Aid Code or any other State program for mental health services. The Department and the Department of Healthcare and Family Services shall coordinate their efforts in the development of these resources.

Every licensed child welfare agency and any entity providing kinship navigator programs funded by the Department shall provide the Department's website address and link to the Department's subsidized guardianship support services information set forth in subsection (d), including the Department's toll-free number, to every relative who is or will be providing guardianship placement for a child placed by the Department.

(v) The Department shall access criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in Section 2605-355 of the Illinois State Police Law if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The Department shall provide for interactive computerized communication and processing equipment that permits direct online on-line communication with the Illinois State Police's central criminal history data repository. The Department shall comply with all certification requirements and provide certified operators who have been trained by personnel from the Illinois State Police. In addition, one Office of the Inspector General investigator shall have training in the use of the criminal history information access system and have access to the terminal. The Department of Children and Family Services and its employees shall abide by rules and regulations established by the Illinois State Police relating to the access and dissemination of this information.

(v-1) Prior to final approval for placement of a child with a foster or adoptive parent, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including fingerprint-based checks of national crime information databases. Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including human trafficking, sex trafficking, rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years.

(v-2) Prior to final approval for placement of a child with a foster or adoptive parent, the Department shall check its child abuse and neglect registry for information concerning prospective foster and adoptive parents, and any adult living in the home. If any prospective foster or adoptive parent or other adult living in the home has resided in another state in the preceding 5 years, the Department shall request a check of that other state's child abuse and neglect registry.

(v-3) Prior to the final approval of final placement of a related child in a certified relative caregiver home as defined in Section 2.37 of the Child Care Act of 1969, the Department shall ensure that the background screening meets the standards required under subsection (c) of Section 3.4 of the Child Care Act of 1969.

(v-4) Prior to final approval for placement of a child with a relative, as defined in Section 4d of this Act, who is not a licensed foster parent, has declined to seek approval to be a certified relative caregiver, or was denied approval as a certified relative caregiver, the Department shall:

(i) check the child abuse and neglect registry for information concerning the prospective relative caregiver and any other adult living in the home. If any prospective relative caregiver or other adult living in the home has resided in another state in the preceding 5 years, the Department shall request a check of that other state's child abuse and neglect registry; and

(ii) conduct a criminal records background check of the prospective relative caregiver and all other adults living in the home, including fingerprint-based checks of national crime information databases. Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including human trafficking, sex trafficking, rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years; provided however, that the Department is empowered to grant a waiver as the Department may provide by rule, and the Department approves the request for the waiver based on a comprehensive evaluation of the caregiver and household members and the conditions relating to the safety of the placement.

No later than July 1, 2025, the Department shall adopt rules or revise existing rules to effectuate the changes made to this subsection (v-4). The rules shall outline the essential elements of each form used in the implementation and enforcement of the provisions of this amendatory Act of the 103rd General Assembly.

(w) (Blank).

(x) The Department shall conduct annual credit history checks to determine the financial history of children placed under its guardianship pursuant to the Juvenile Court Act of 1987. The Department shall conduct such credit checks starting when a youth in care turns 12 years old and each year thereafter for the duration of the guardianship as terminated pursuant to the Juvenile Court Act of 1987. The Department shall determine if financial exploitation of the child's personal information has occurred. If financial exploitation appears to have taken place or is presently ongoing, the Department shall notify the proper law enforcement agency, the proper State's Attorney, or the Attorney General.

(y) Beginning on July 22, 2010 (the effective date of Public Act 96-1189), a child with a disability who receives residential and educational services from the Department shall be eligible to receive transition services in accordance with Article 14 of the School Code from the age of 14.5 through age 21, inclusive, notwithstanding the child's residential services arrangement. For purposes of this subsection, "child with a disability" means a child with a disability as defined by the federal Individuals with Disabilities Education Improvement Act of 2004.

(z) The Department shall access criminal history record information as defined as "background information" in this subsection and criminal history record information as defined in the Illinois Uniform Conviction Information Act for each Department employee or Department applicant. Each Department employee or Department applicant shall submit the employee's or applicant's fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and the Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. The Illinois State Police shall furnish, pursuant to positive identification, all Illinois conviction information to the Department of Children and Family Services.

For purposes of this subsection:

"Background information" means all of the following:

(i) Upon the request of the Department of Children and Family Services, conviction information obtained from the Illinois State Police as a result of a fingerprint-based criminal history records check of the Illinois criminal history records database and the Federal Bureau of Investigation criminal history records database concerning a Department employee or Department applicant.

(ii) Information obtained by the Department of Children and Family Services after performing a check of the Illinois State Police's Sex Offender Database, as authorized by Section 120 of the Sex Offender Community Notification Law, concerning a Department employee or Department applicant.

(iii) Information obtained by the Department of Children and Family Services after performing a check of the Child Abuse and Neglect Tracking System (CANTS) operated and maintained by the Department.

"Department employee" means a full-time or temporary employee coded or certified within the State of Illinois Personnel System.

"Department applicant" means an individual who has conditional Department full-time or part-time work, a contractor, an individual used to replace or supplement staff, an academic intern, a volunteer in Department offices or on Department contracts, a work-study student, an individual or entity licensed by the Department, or an unlicensed service provider who works as a condition of a contract or an agreement and whose work may bring the unlicensed service provider into contact with Department clients or client records.

(aa) The changes made to this Section by Public Act 104-165 this amendatory Act of the 104th General Assembly are declarative of existing law and are not a new enactment.

(Source: P.A. 103-22, eff. 8-8-23; 103-50, eff. 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061, eff. 7-1-25; 104-107, eff. 7-1-26; 104-165, eff. 8-15-25; revised 9-11-25.)

(20 ILCS 505/5a) (from Ch. 23, par. 5005a)

Sec. 5a. Reimbursable services for which the Department of Children and Family Services shall pay 100% of the reasonable cost pursuant to a written contract negotiated between the Department and the agency furnishing the services (which shall include but not be limited to the determination of reasonable cost, the services being purchased and the duration of the agreement) include, but are not limited to:

SERVICE ACTIVITIES

Adjunctive Therapy;

Child Care Service, including child day care;

Clinical Therapy;

Custodial Service;

Field Work Students;

Food Service;

Normal Education;

In-Service Training;

Intake or Evaluation, or both;

Medical Services;

Recreation;

Social Work or Counselling, or both;

Supportive Staff;

Volunteers.

OBJECT EXPENSES

Professional Fees and Contract Service Payments;

Supplies;

Telephone and Telegram;

Occupancy;

Local Transportation;

Equipment and Other Fixed Assets, including amortization

of same;

Miscellaneous.

ADMINISTRATIVE COSTS

Program Administration;

Supervision and Consultation;

Inspection and Monitoring for purposes of issuing

licenses;

Determination of Children who are eligible

for federal or other reimbursement;

Postage and Shipping;

Outside Printing, Artwork, etc.;

Subscriptions and Reference Publications;

Management and General Expense. Reimbursement of administrative costs other than inspection and monitoring for purposes of issuing licenses may not exceed 20% of the costs for other services.

The Department may offer services to any child or family with respect to whom a report of suspected child abuse or neglect has been called in to the hotline after completion of a family assessment as provided under subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act and the Department has determined that services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment. Acceptance of such services shall be voluntary.

All Object Expenses, Service Activities and Administrative Costs are allowable.

If a survey instrument is used in the rate setting process:

(a) with respect to any child day care centers, it shall be limited to those agencies which receive reimbursement from the State;

(b) the cost survey instrument shall be promulgated by rule;

(c) any requirements of the respondents shall be promulgated by rule;

(d) all screens, limits or other tests of reasonableness, allowability and reimbursability shall be promulgated by rule;

(e) adjustments may be made by the Department to rates when it determines that reported wage and salary levels are insufficient to attract capable caregivers in sufficient numbers.

The Department of Children and Family Services may pay 100% of the reasonable costs of research and valuation focused exclusively on services to youth in care. Such research projects must be approved, in advance, by the Director of the Department.

In addition to reimbursements otherwise provided for in this Section, the Department of Human Services, through June 30, 2026 and Department of Early Childhood beginning on and after July 1, 2026, shall, in accordance with annual written agreements, make advance quarterly disbursements to local public agencies for child day care services with funds appropriated from the Local Effort Day Care Fund.

Neither the Department of Children and Family Services nor the Department of Human Services through June 30, 2026 and the Department of Early Childhood beginning on and after July 1, 2026 shall pay or approve reimbursement for child day care in a facility which is operating without a valid license or permit, except in the case of child day care homes or child day care centers which are exempt from the licensing requirements of the Child Care Act of 1969.

The rates paid to child day care providers by the Department of Children and Family Services shall match the rates paid to child care providers by the Department of Human Services, including base rates and any relevant rate enhancements through June 30, 2026. On and after July 1, 2026, the Department of Early Childhood shall pay child day care providers, who service the Department of Children and Family Services under the child care assistance program, including base rates and any relevant rate enhancements.

(Source: P.A. 102-926, eff. 7-1-23; 103-594, eff. 6-25-24.)

(20 ILCS 505/5.15)

(Section scheduled to be repealed on July 1, 2026)

Sec. 5.15. Child Day care; Department of Human Services.

(a) For the purpose of ensuring effective statewide planning, development, and utilization of resources for the child day care of children, operated under various auspices, the Department of Human Services, or any State agency that assumes these responsibilities, is designated to coordinate all child day care activities for children of the State and shall develop or continue, and shall update every year, a State comprehensive child care day-care plan for submission to the Governor that identifies high-priority areas and groups, relating them to available resources and identifying the most effective approaches to the use of existing child day care services. The State comprehensive child care day-care plan shall be made available to the General Assembly following the Governor's approval of the plan.

The plan shall include methods and procedures for the development of additional child day care resources for children to meet the goal of reducing short-run and long-run dependency and to provide necessary enrichment and stimulation to the education of young children. Recommendations shall be made for State policy on optimum use of private and public, local, State and federal resources, including an estimate of the resources needed for the licensing and regulation of child day care facilities.

A written report shall be submitted to the Governor and the General Assembly annually on April 15. The report shall include an evaluation of developments over the preceding fiscal year, including cost-benefit analyses of various arrangements. Beginning with the report in 1990 submitted by the Department's predecessor agency and every 2 years thereafter, the report shall also include the following:

(1) An assessment of the child care services, needs and available resources throughout the State and an assessment of the adequacy of existing child care services, including, but not limited to, services assisted under this Act and under any other program administered by other State agencies.

(2) A survey of child day care facilities to determine the number of qualified caregivers, as defined by rule, attracted to vacant positions, or retained at the current positions, and any problems encountered by facilities in attracting and retaining capable caregivers. The report shall include an assessment, based on the survey, of improvements in employee benefits that may attract capable caregivers. The survey process shall incorporate feedback from groups and individuals with relevant expertise or lived experience, including, but not limited to, educators and child care providers, regarding the collection of data in order to inform strategies and costs related to the Child Care Development Fund and the General Revenue Fund, for the purpose of promoting workforce recruitment and retention. The survey shall, at a minimum, be updated every 4 years based on feedback received. Initial survey updates shall be made prior to the 2025 survey data collection.

(3) The average wages and salaries and fringe benefit packages paid to caregivers throughout the State, computed on a regional basis, compared to similarly qualified employees in other but related fields.

(4) The qualifications of new caregivers hired at licensed child day care facilities during the previous 2-year period.

(5) Recommendations for increasing caregiver wages and salaries to ensure quality care for children.

(6) Evaluation of the fee structure and income eligibility for child care subsidized by the State.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(b) The Department of Human Services shall establish policies and procedures for developing and implementing interagency agreements with other agencies of the State providing child care services or reimbursement for such services. The plans shall be annually reviewed and modified for the purpose of addressing issues of applicability and service system barriers.

(c) In cooperation with other State agencies, the Department of Human Services shall develop and implement, or shall continue, a resource and referral system for the State of Illinois either within the Department or by contract with local or regional agencies. Funding for implementation of this system may be provided through Department appropriations or other inter-agency funding arrangements. The resource and referral system shall provide at least the following services:

(1) Assembling and maintaining a data base on the supply of child care services.

(2) Providing information and referrals for parents.

(3) Coordinating the development of new child care resources.

(4) Providing technical assistance and training to child care service providers.

(5) Recording and analyzing the demand for child care services.

(d) The Department of Human Services shall conduct child day care planning activities with the following priorities:

(1) Development of voluntary child day care resources wherever possible, with the provision for grants-in-aid only where demonstrated to be useful and necessary as incentives or supports. By January 1, 2002, the Department shall design a plan to create more child care slots as well as goals and timetables to improve quality and accessibility of child care.

(2) Emphasis on service to children of recipients of public assistance when such service will allow training or employment of the parent toward achieving the goal of independence.

(3) (Blank).

(4) Care of children from families in stress and crises whose members potentially may become, or are in danger of becoming, non-productive and dependent.

(5) Expansion of family child day care facilities wherever possible.

(6) Location of centers in economically depressed neighborhoods, preferably in multi-service centers with cooperation of other agencies. The Department shall coordinate the provision of grants, but only to the extent funds are specifically appropriated for this purpose, to encourage the creation and expansion of child care centers in high need communities to be issued by the State, business, and local governments.

(7) Use of existing facilities free of charge or for reasonable rental whenever possible in lieu of construction.

(8) Development of strategies for assuring a more complete range of child day care options, including provision of child day care services in homes, in schools, or in centers, which will enable a parent or parents to complete a course of education or obtain or maintain employment and the creation of more child care options for swing shift, evening, and weekend workers and for working women with sick children. The Department shall encourage companies to provide child care in their own offices or in the building in which the corporation is located so that employees of all the building's tenants can benefit from the facility.

(9) Development of strategies for subsidizing students pursuing degrees in the child care field.

(10) Continuation and expansion of service programs that assist teen parents to continue and complete their education.

Emphasis shall be given to support services that will help to ensure such parents' graduation from high school and to services for participants in any programs of job training conducted by the Department.

(e) The Department of Human Services shall actively stimulate the development of public and private resources at the local level. It shall also seek the fullest utilization of federal funds directly or indirectly available to the Department.

Where appropriate, existing non-governmental agencies or associations shall be involved in planning by the Department.

(f) To better accommodate the child care needs of low income working families, especially those who receive Temporary Assistance for Needy Families (TANF) or who are transitioning from TANF to work, or who are at risk of depending on TANF in the absence of child care, the Department shall complete a study using outcome-based assessment measurements to analyze the various types of child care needs, including but not limited to: child care homes; child care facilities; before and after school care; and evening and weekend care. Based upon the findings of the study, the Department shall develop a plan by April 15, 1998, that identifies the various types of child care needs within various geographic locations. The plan shall include, but not be limited to, the special needs of parents and guardians in need of non-traditional child care services such as early mornings, evenings, and weekends; the needs of very low income families and children and how they might be better served; and strategies to assist child care providers to meet the needs and schedules of low income families.

(g) This Section is repealed on July 1, 2026.

(Source: P.A. 103-594, eff. 6-25-24; 103-1054, eff. 12-20-24; 104-417, eff. 8-15-25.)

(20 ILCS 505/21)

Sec. 21. Investigative powers; training.

(a) To make such investigations as it may deem necessary to the performance of its duties.

(b) In the course of any such investigation any qualified person authorized by the Director may administer oaths and secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to such investigation. Any person who is served with a subpoena by the Department to appear and testify or to produce books and papers, in the course of an investigation authorized by law, and who refuses or neglects to appear, or to testify, or to produce books and papers relevant to such investigation, as commanded in such subpoena, shall be guilty of a Class B misdemeanor. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State. Any circuit court of this State, upon application of the person requesting the hearing or the Department, may compel the attendance of witnesses, the production of books and papers, and giving of testimony before the Department or before any authorized officer or employee thereof, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before such court. Every person who, having taken an oath or made affirmation before the Department or any authorized officer or employee thereof, shall willfully swear or affirm falsely, shall be guilty of perjury and upon conviction shall be punished accordingly.

(c) Investigations initiated under this Section shall provide individuals due process of law, including the right to a hearing, to cross-examine witnesses, to obtain relevant documents, and to present evidence. Administrative findings shall be subject to the provisions of the Administrative Review Law.

(d) Beginning July 1, 1988, any child protective investigator or supervisor or child welfare specialist or supervisor employed by the Department on January 1, 1988 (the effective date of Public Act 85-206) shall have completed a training program which shall be instituted by the Department. The training program shall include, but not be limited to, the following: (1) training in the detection of symptoms of child neglect and drug abuse; (2) specialized training for dealing with families and children of drug abusers; and (3) specific training in child development, family dynamics and interview techniques. Such program shall conform to the criteria and curriculum developed under Section 4 of the Child Protective Investigator and Child Welfare Specialist Certification Act of 1987. Failure to complete such training due to lack of opportunity provided by the Department shall in no way be grounds for any disciplinary or other action against an investigator or a specialist.

The Department shall develop a continuous inservice staff development program and evaluation system. Each child protective investigator and supervisor and child welfare specialist and supervisor shall participate in such program and evaluation and shall complete a minimum of 20 hours of inservice education and training every 2 years in order to maintain certification.

Any child protective investigator or child protective supervisor, or child welfare specialist or child welfare specialist supervisor hired by the Department who begins actual employment after January 1, 1988 (the effective date of Public Act 85-206), shall be certified pursuant to the Child Protective Investigator and Child Welfare Specialist Certification Act of 1987 before beginning such employment. Nothing in this Act shall replace or diminish the rights of employees under the Illinois Public Labor Relations Act, as amended, or the National Labor Relations Act. In the event of any conflict between either of those Acts, or any collective bargaining agreement negotiated thereunder, and the provisions of subsections (d) and (e), the former shall prevail and control.

(e) The Department shall develop and implement the following:

(1) A safety-based child welfare intervention system.

(2) Related training procedures.

(3) A standardized method for demonstration of proficiency in application of the safety-based child welfare intervention system.

(4) An evaluation of the reliability and validity of the safety-based child welfare intervention system. All child protective investigators and supervisors and child welfare specialists and supervisors employed by the Department or its contractors shall be required, subsequent to the availability of training under this Act, to demonstrate proficiency in application of the safety-based child welfare intervention system previous to being permitted to make safety decisions about the children for whom they are responsible. The Department shall establish a multi-disciplinary advisory committee appointed by the Director, including, but not limited to, representatives from the fields of child development, domestic violence, family systems, juvenile justice, law enforcement, health care, mental health, substance abuse, and social service to advise the Department and its related contractors in the development and implementation of the safety-based child welfare intervention system, related training, method for demonstration of proficiency in application of the safety-based child welfare intervention system, and evaluation of the reliability and validity of the safety-based child welfare intervention system. The Department shall develop the safety-based child welfare intervention system, training curriculum, method for demonstration of proficiency in application of the safety-based child welfare intervention system, and method for evaluation of the reliability and validity of the safety-based child welfare intervention system. Training and demonstration of proficiency in application of the safety-based child welfare intervention system for all child protective investigators and supervisors and child welfare specialists and supervisors shall be completed as soon as practicable. The Department shall submit to the General Assembly on or before December 31, 2026, and every year thereafter, an annual report on the evaluation of the reliability and validity of the safety-based child welfare intervention system. The Department shall contract with a not-for-profit organization with demonstrated expertise in the field of safety-based child welfare intervention to assist in the development and implementation of the safety-based child welfare intervention system, related training, method for demonstration of proficiency in application of the safety-based child welfare intervention system, and evaluation of the reliability and validity of the safety-based child welfare intervention system.

(f) The Department shall provide each parent or guardian and responsible adult caregiver participating in a safety plan a copy of the written safety plan as signed by each parent or guardian and responsible adult caregiver and by a representative of the Department. The Department shall also provide each parent or guardian and responsible adult caregiver safety plan information on their rights and responsibilities that shall include, but need not be limited to, information on how to obtain medical care, emergency phone numbers, and information on how to notify schools or child day care providers as appropriate. The Department's representative shall ensure that the safety plan is reviewed and approved by the child protection supervisor.

(Source: P.A. 103-22, eff. 8-8-23; 103-460, eff. 1-1-24; 103-605, eff. 7-1-24.)

(20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)

(Section scheduled to be repealed on July 1, 2026)

Sec. 22.1. Grants-in-aid for child care services; Department of Human Services.

(a) Blank.

(b) Blank.

(c) The Department of Human Services shall establish and operate child day care facilities for the children of migrant workers in areas of the State where they are needed. The Department may provide these child day care services by contracting with private centers if practicable. "Migrant worker" means any person who moves seasonally from one place to another, within or without the State, for the purpose of employment in agricultural activities. This Section is repealed on July 1, 2026.

(Source: P.A. 103-594, eff. 6-25-24.)

(20 ILCS 505/22.4) (from Ch. 23, par. 5022.4)

Sec. 22.4. Low-interest loans for child care facilities; Department of Human Services. The Department of Human Services may establish, with financing to be provided through the issuance of bonds by the Illinois Finance Authority pursuant to the Illinois Finance Authority Act, a low-interest loan program to help child care centers and family child day care homes accomplish the following:

(a) establish a child care program;

(b) meet federal, State and local child care standards as well as any applicable health and safety standards; or

(c) build facilities or renovate or expand existing facilities.

Such loans shall be available only to child care centers and family child day care homes serving children of low income families.

(Source: P.A. 93-205, eff. 1-1-04.)

Section 20. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by changing Section 605-1050 as follows:

(20 ILCS 605/605-1050)

Sec. 605-1050. Coronavirus Back to Business Grant Program (or Back to Business Program).

(a) Purpose. The Department may receive State funds and, directly or indirectly, federal funds under the authority of legislation passed in response to the Coronavirus epidemic including, but not limited to, the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136 (the "CARES Act") and the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA Act"); such funds shall be used in accordance with the CARES Act and ARPA Act legislation and published guidance. Section 5001 of the CARES Act establishes the Coronavirus Relief Fund, which authorizes the State to expend funds that are necessary to respond to the COVID-19 public health emergency. The financial support of Qualifying Businesses is a necessary expense under federal guidance for implementing Section 5001 of the CARES Act. Upon receipt or availability of such State or federal funds, and subject to appropriations for their use, the Department shall administer a program to provide financial assistance to Qualifying Businesses that have experienced interruption of business or other adverse conditions attributable to the COVID-19 public health emergency. Support may be provided directly by the Department to businesses and organizations or in cooperation with a Qualified Partner. Financial assistance may include, but not be limited to grants, expense reimbursements, or subsidies.

(b) From appropriations for the Back to Business Program, up to $60,000,000 may be allotted to the repayment or conversion of Eligible Loans made pursuant to the Department's Emergency Loan Fund Program. An Eligible Loan may be repaid or converted through a grant payment, subsidy, or reimbursement payment to the recipient or, on behalf of the recipient, to the Qualified Partner, or by any other lawful method.

(c) From appropriations for the Back to Business Program, the Department shall provide financial assistance through grants, expense reimbursements, or subsidies to Qualifying Businesses or a Qualified Partner to cover expenses or losses incurred due to the COVID-19 public health emergency or for start-up costs of a new Qualifying Business. All spending related to this program from federal funds must be reimbursable by the Federal Coronavirus Relief Fund in accordance with Section 5001 of the federal CARES Act, the ARPA Act, and any related federal guidance, or the provisions of any other federal source supporting the program.

(d) As more fully described in subsection (c), funds will be appropriated to the Back to Business Program for distribution to or on behalf of Qualifying Businesses. Of the funds appropriated, a minimum of 40% shall be allotted for Qualifying Businesses with ZIP codes located in the most disproportionately impacted areas of Illinois, based on positive COVID-19 cases.

(e) The Department shall coordinate with the Department of Human Services with respect to making grants, expense reimbursements or subsidies to any child care or day care provider providing services under Section 9A-11 of the Illinois Public Aid Code to determine what resources the Department of Human Services may be providing to a child care or day care provider under Section 9A-11 of the Illinois Public Aid Code.

(f) The Department may establish by rule administrative procedures for the grant program, including any application procedures, grant agreements, certifications, payment methodologies, and other accountability measures that may be imposed upon participants in the program. The emergency rulemaking process may be used to promulgate the initial rules of the grant program and any amendments to the rules following the effective date of this amendatory Act of the 102nd General Assembly.

(g) Definitions. As used in this Section:

(1) "COVID-19" means the novel coronavirus disease deemed COVID-19 by the World Health Organization on February 11, 2020.

(2) "Qualifying Business" means a business or organization that has experienced or is experiencing business interruption or other adverse conditions due to the COVID-19 public health emergency, and includes a new business or organization started after March 1, 2020 in the midst of adverse conditions due to the COVID-19 public health emergency.

(3) "Eligible Loan" means a loan of up to $50,000 that was deemed eligible for funding under the Department's Emergency Loan Fund Program and for which repayment will be eligible for reimbursement from Coronavirus Relief Fund monies pursuant to Section 5001 of the federal CARES Act or the ARPA Act and any related federal guidance.

(4) "Emergency Loan Fund Program", also referred to as the "COVID-19 Emergency Relief Program", is a program executed by the Department by which the State Small Business Credit Initiative fund is utilized to guarantee loans released by a financial intermediary or Qualified Partner.

(5) "Qualified Partner" means a financial institution or nonprofit with which the Department has entered into an agreement or contract to provide or incentivize assistance to Qualifying Businesses.

(h) Powers of the Department. The Department has the power to:

(1) provide grants, subsidies and expense reimbursements to Qualifying Businesses or, on behalf of Qualifying Businesses, to Qualifying Partners from appropriations to cover Qualifying Businesses eligible costs or losses incurred due to the COVID-19 public health emergency, including losses caused by business interruption or closure and including start-up costs for new Qualifying Businesses;

(2) enter into agreements, accept funds, issue grants, and engage in cooperation with agencies of the federal government, units of local government, financial institutions, and nonprofit organizations to carry out the purposes of this Program, and to use funds appropriated for the Back to Business Program;

(3) prepare forms for application, notification, contract, and other matters, and establish procedures, rules, or regulations deemed necessary and appropriate to carry out the provisions of this Section;

(4) provide staff, administration, and related support required to manage the Back to Business Program and pay for the staffing, administration, and related support;

(5) using data provided by the Illinois Department of Public Health and other reputable sources, determine which geographic regions in Illinois have been most disproportionately impacted by the COVID-19 public health emergency, considering factors of positive cases, positive case rates, and economic impact; and

(6) determine which industries and businesses in Illinois have been most disproportionately impacted by the COVID-19 public health emergency and establish procedures that prioritize greatly impacted industries and businesses, as well as Qualifying Businesses that did not receive paycheck protection program assistance.

(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)

Section 25. The Illinois Enterprise Zone Act is amended by changing Section 8 as follows:

(20 ILCS 655/8) (from Ch. 67 1/2, par. 612)

Sec. 8. Zone Administration. The administration of an Enterprise Zone shall be under the jurisdiction of the designating municipality or county. Each designating municipality or county shall, by ordinance, designate a Zone Administrator for the certified zones within its jurisdiction. A Zone Administrator must be an officer or employee of the municipality or county. The Zone Administrator shall be the liaison between the designating municipality or county, the Department, and any designated zone organizations within zones under his jurisdiction.

A designating municipality or county may designate one or more organizations qualified under paragraph (d) of Section 3 to be designated zone organizations for purposes of this Act. The municipality or county, may, by ordinance, delegate functions within an Enterprise Zone to one or more designated zone organizations in such zones.

Subject to the necessary governmental authorizations, designated zone organizations may provide the following services or perform the following functions in coordination with the municipality or county:

(a) Provide or contract for provision of public services including, but not limited to:

(1) establishment of crime watch patrols within zone neighborhoods;

(2) establishment of volunteer child day care centers;

(3) organization of recreational activities for zone area youth;

(4) garbage collection;

(5) street maintenance and improvements;

(6) bridge maintenance and improvements;

(7) maintenance and improvement of water and sewer lines;

(8) energy conservation projects;

(9) health and clinic services;

(10) drug abuse programs;

(11) senior citizen assistance programs;

(12) park maintenance;

(13) rehabilitation, renovation, and operation and maintenance of low and moderate income housing; and

(14) other types of public services as provided by law or regulation.

(b) Exercise authority for the enforcement of any code, permit, or licensing procedure within an Enterprise Zone.

(c) Provide a forum for business, labor and government action on zone innovations.

(d) Apply for regulatory relief as provided in Section 8 of this Act.

(e) Receive title to publicly owned land.

(f) Perform such other functions as the responsible government entity may deem appropriate, including offerings and contracts for insurance with businesses within the Zone.

(g) Agree with local governments to provide such public services within the zones by contracting with private firms and organizations, where feasible and prudent.

(h) Solicit and receive contributions to improve the quality of life in the Enterprise Zone.

(Source: P.A. 91-357, eff. 7-29-99.)

Section 30. The Department of Human Services Act is amended by changing Sections 1-75 and 10-22 as follows:

(20 ILCS 1305/1-75)

(Section scheduled to be repealed on July 1, 2026)

Sec. 1-75. Off-Hours Child Care Program.

(a) Legislative intent. The General Assembly finds that:

(1) Finding child care can be a challenge for firefighters, paramedics, police officers, nurses, and other third shift workers across the State who often work non-typical work hours. This can impact home life, school, bedtime routines, job safety, and the mental health of some of our most critical frontline workers and their families.

(2) There is a need for increased options for off-hours child care in the State. A majority of the State's child care facilities do not provide care outside of normal work hours, with just 3,251 child day care homes and 435 group child day care homes that provide night care.

(3) Illinois has a vested interest in ensuring that our first responders and working families can provide their children with appropriate care during off hours to improve the morale of existing first responders and to improve recruitment into the future.

(b) As used in this Section, "first responders" means emergency medical services personnel as defined in the Emergency Medical Services (EMS) Systems Act, firefighters, law enforcement officers, and, as determined by the Department, any other workers who, on account of their work schedule, need child care outside of the hours when licensed child care facilities typically operate.

(c) Subject to appropriation, the Department of Human Services shall establish and administer an Off-Hours Child Care Program to help first responders and other workers identify and access off-hours, night, or sleep time child care. Services funded under the program must address the child care needs of first responders. Funding provided under the program may also be used to cover any capital and operating expenses related to the provision of off-hours, night, or sleep time child care for first responders. Funding awarded under this Section shall be funded through appropriations from the Off-Hours Child Care Program Fund created under subsection (d). The Department shall implement the program by July 1, 2023. The Department may adopt any rules necessary to implement the program.

(d) The Off-Hours Child Care Program Fund is created as a special fund in the State treasury. The Fund shall consist of any moneys appropriated to the Department of Human Services for the Off-Hours Child Care Program. Moneys in the Fund shall be expended for the Off-Hours Child Care Program and for no other purpose. All interest earned on moneys in the Fund shall be deposited into the Fund.

(e) This Section is repealed on July 1, 2026.

(Source: P.A. 103-154, eff. 6-30-23; 103-594, eff. 6-25-24; 104-417, eff. 8-15-25.)

(20 ILCS 1305/10-22)

(Section scheduled to be repealed on July 1, 2026)

Sec. 10-22. Great START program.

(a) The Department of Human Services shall, subject to a specific appropriation for this purpose, operate a Great START (Strategy To Attract and Retain Teachers) program. The goal of the program is to improve children's developmental and educational outcomes in child care by encouraging increased professional preparation by staff and staff retention. The Great START program shall coordinate with the TEACH professional development program.

The program shall provide wage supplements and may include other incentives to licensed child care center personnel, including early childhood teachers, school-age workers, early childhood assistants, school-age assistants, and directors, as such positions are defined by administrative rule of the Department of Children and Family Services. The program shall provide wage supplements and may include other incentives to licensed family child day care home personnel and licensed group child day care home personnel, including caregivers and assistants as such positions are defined by administrative rule of the Department of Children and Family Services. Individuals will receive supplements commensurate with their qualifications.

(b) (Blank).

(c) The Department shall, by rule, define the scope and operation of the program, including a wage supplement scale. The scale shall pay increasing amounts for higher levels of educational attainment beyond minimum qualifications and shall recognize longevity of employment. Subject to the availability of sufficient appropriation, the wage supplements shall be paid to child care personnel in the form of bonuses at 6 month intervals. Six months of continuous service with a single employer is required to be eligible to receive a wage supplement bonus. Wage supplements shall be paid directly to individual child day care personnel, not to their employers. Eligible individuals must provide to the Department or its agent all information and documentation, including but not limited to college transcripts, to demonstrate their qualifications for a particular wage supplement level.

If appropriations permit, the Department may include one-time signing bonuses or other incentives to help providers attract staff, provided that the signing bonuses are less than the supplement staff would have received if they had remained employed with another child day care center or family child day care home.

If appropriations permit, the Department may include one-time longevity bonuses or other incentives to recognize staff who have remained with a single employer.

(d) (Blank).

(e) This Section is repealed on July 1, 2026.

(Source: P.A. 103-594, eff. 6-25-24.)

Section 35. The Mental Health and Developmental Disabilities Administrative Act is amended by changing Section 57.5 as follows:

(20 ILCS 1705/57.5)

Sec. 57.5. Autism diagnosis education program.

(a) Subject to appropriations, the Department shall contract to establish an autism diagnosis education program for young children. The Department shall establish the program at 3 different sites in the State. The program shall have the following goals:

(1) Providing, to medical professionals and others statewide, a systems development initiative that promotes best practice standards for the diagnosis and treatment planning for young children who have autism spectrum disorders, for the purpose of helping existing systems of care to build solid circles of expertise within their ranks.

(2) Educating medical practitioners, school personnel, child day care providers, parents, and community service providers (including, but not limited to, early intervention and developmental disabilities providers) throughout the State on appropriate diagnosis and treatment of autism.

(3) Supporting systems of care for young children with autism spectrum disorders.

(4) Working together with universities and developmental disabilities providers to identify unmet needs and resources.

(5) Encouraging and supporting research on optional services for young children with autism spectrum disorders.

In addition to the aforementioned items, on January 1, 2008, The Autism Program shall expand training and direct services by deploying additional regional centers, outreach centers, and community planning and network development initiatives. The expanded Autism Program Service Network shall consist of a comprehensive program of outreach and center development utilizing model programs developed by The Autism Program. This expansion shall span Illinois and support consensus building, outreach, and service provision for children with autism spectrums disorders and their families.

(b) Before January 1, 2006, the Department shall report to the Governor and the General Assembly concerning the progress of the autism diagnosis education program established under this Section.

(Source: P.A. 95-707, eff. 1-11-08.)

Section 40. The Illinois Finance Authority Act is amended by changing Section 840-5 as follows:

(20 ILCS 3501/840-5)

Sec. 840-5. The Authority shall have the following powers:

(a) To fix and revise from time to time and charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by a project or other health facilities owned, financed or refinanced by the Authority or any portion thereof and to contract with any person, partnership, association or corporation or other body, public or private, in respect thereto; to coordinate its policies and procedures and cooperate with recognized health facility rate setting mechanisms which may now or hereafter be established.

(b) To establish rules and regulations for the use of a project or other health facilities owned, financed or refinanced by the Authority or any portion thereof and to designate a participating health institution as its agent to establish rules and regulations for the use of a project or other health facilities owned by the Authority undertaken for that participating health institution.

(c) To establish or contract with others to carry out on its behalf a health facility project cost estimating service and to make this service available on all projects to provide expert cost estimates and guidance to the participating health institution and to the Authority. In order to implement this service and, through it, to contribute to cost containment, the Authority shall have the power to require such reasonable reports and documents from health facility projects as may be required for this service and for the development of cost reports and guidelines. The Authority may appoint a Technical Committee on Health Facility Project Costs and Cost Containment.

(d) To make mortgage or other secured or unsecured loans to or for the benefit of any participating health institution for the cost of a project in accordance with an agreement between the Authority and the participating health institution; provided that no such loan shall exceed the total cost of the project as determined by the participating health institution and approved by the Authority; provided further that such loans may be made to any entity affiliated with a participating health institution if the proceeds of such loan are made available to or applied for the benefit of such participating health institution.

(e) To make mortgage or other secured or unsecured loans to or for the benefit of a participating health institution in accordance with an agreement between the Authority and the participating health institution to refund outstanding obligations, loans, indebtedness or advances issued, made, given or incurred by such participating health institution for the cost of a project; including the function to issue bonds and make loans to or for the benefit of a participating health institution to refinance indebtedness incurred by such participating health institution in projects undertaken and completed or for other health facilities acquired prior to or after the enactment of this Act when the Authority finds that such refinancing is in the public interest, and either alleviates a financial hardship of such participating health institution, or is in connection with other financing by the Authority for such participating health institution or may be expected to result in a lessened cost of patient care and a saving to third parties, including government, and to others who must pay for care, or any combination thereof; provided further that such loans may be made to any entity affiliated with a participating health institution if the proceeds of such loan are made available to or applied for the benefit of such participating health institution.

(f) To mortgage all or any portion of a project or other health facilities and the property on which any such project or other health facilities are located whether owned or thereafter acquired, and to assign or pledge mortgages, deeds of trust, indentures of mortgage or trust or similar instruments, notes, and other securities of participating health institutions to which or for the benefit of which the Authority has made loans or of entities affiliated with such institutions and the revenues therefrom, including payments or income from any thereof owned or held by the Authority, for the benefit of the holders of bonds issued to finance such project or health facilities or issued to refund or refinance outstanding obligations, loans, indebtedness or advances of participating health institutions as permitted by this Act.

(g) To lease to a participating health institution the project being financed or refinanced or other health facilities conveyed to the Authority in connection with such financing or refinancing, upon such terms and conditions as the Authority shall deem proper, and to charge and collect rents therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the lease for such period or periods and at such rent as shall be determined by the Authority or to purchase any or all of the health facilities or that upon payment of all of the indebtedness incurred by the Authority for the financing of such project or health facilities or for refunding outstanding obligations, loans, indebtedness or advances of a participating health institution, then the Authority may convey any or all of the project or such other health facilities to the lessee or lessees thereof with or without consideration.

(h) To make studies of needed health facilities that could not sustain a loan were it made under this Act and to recommend remedial action to the General Assembly; to do the same with regard to any laws or regulations that prevent health facilities from benefiting from this Act.

(i) To assist the Department of Commerce and Economic Opportunity to establish and implement a program to assist health facilities to identify and arrange financing for energy conservation projects in buildings and facilities owned or leased by health facilities.

(j) To assist the Department of Human Services in establishing a low interest loan program to help child care centers and family child day care homes serving children of low income families under Section 22.4 of the Children and Family Services Act. The Authority, on or after the effective date of this amendatory Act of the 97th General Assembly, is authorized to convert existing agreements for financial aid in accordance with Section 840-5(j) to permanent capital to leverage additional private capital and establish a revolving loan fund for nonprofit corporations providing human services under contract to the State.

(k) To assist the Department of Public Health and nursing homes in undertaking nursing home conversion projects in accordance with the Older Adult Services Act.

(Source: P.A. 97-654, eff. 1-13-12.)

Section 45. The Asbestos Abatement Finance Act is amended by changing Section 2 as follows:

(20 ILCS 3510/2) (from Ch. 111 1/2, par. 8102)

Sec. 2. Definitions. The following words and terms, whether or not capitalized, have the following meanings, unless the context or use clearly requires otherwise:

"Asbestos" means asbestos as defined and used in the federal Asbestos Hazard Emergency Response Act of 1986, as now or hereafter amended, including the regulations promulgated under that Act.

"Asbestos Abatement Project" means asbestos inspection, planning and response action under and within the meaning of the federal Asbestos Hazard Emergency Response Act of 1986, as now or hereafter amended, to abate a health hazard caused directly or indirectly by the existence of asbestos in any building or other facility owned, operated, maintained or occupied in whole or in part by a public corporation or a private institution.

"Authority" means the Illinois Finance Authority.

"Board" means the Board of the Authority.

"Bond" means any bond, note or other evidence of indebtedness issued by the Authority under this Act.

"Chairman" means the Chairman of the Authority.

"Cost" as applied to an asbestos abatement project means the costs incurred or to be incurred by a public corporation or a private institution in the removal, encapsulation, enclosure, repair, or maintenance of asbestos in any building or other facility owned, operated, maintained or occupied in whole or in part by a public corporation or a private institution, including all incidental costs such as engineering, architectural, consulting and legal expenses incurred in connection with an asbestos abatement project, plans, specifications, surveys, estimates of costs and revenues, finance charges, interest before and during construction of an asbestos abatement project and, for up to 18 months after completion of construction, other expenses necessary or incident to determining the need, feasibility or practicability of an asbestos abatement project, administrative expenses, and such other costs, charges and expenses as may be necessary or incident to the construction or financing of any asbestos abatement project. As used in this Act, "cost" means not only costs of an asbestos abatement project expected to be incurred in the future, but costs already incurred and paid by a public corporation or a private institution so that a public corporation or a private institution shall be permitted to reimburse itself for those costs previously incurred and paid.

"Person" means any individual, firm, partnership, association, or corporation, separately or in any combination.

"Private institution" means any not-for-profit organization within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, including any private or nonpublic pre-school, child day care center, day or residential educational institution that provides elementary or secondary education for grades 12 or under, any private or nonpublic college or university, or any hospital, health care or long term care institution.

"Private institution security" means any bond, note, loan agreement, or other evidence of indebtedness which a private institution is legally authorized to issue or enter into for the purpose of financing or refinancing the costs of an asbestos abatement project.

"Public corporation" means any body corporate organized by or under the laws of this State to carry out a public governmental or proprietary function, including the State, any State agency, any school district, park district, city, village, incorporated town, county, township, drainage or any other type of district, board, commission, authority, university, public community college or any combination (including any combination under Section 10 of Article VII of the Illinois Constitution or under the Intergovernmental Cooperation Act of 1973, as now or hereafter amended), acting through their corporate authorities, and any other unit of local government within the meaning of Section 1 of Article VII of the Illinois Constitution.

"Public corporation security" means any bond, note, loan agreement, or other evidence of indebtedness which a public corporation is legally authorized to issue or enter into for the purpose of financing or refinancing the costs of an asbestos abatement project.

"Secretary" means the Secretary of the Authority.

"State" means the State of Illinois.

"Treasurer" means the Treasurer of the Authority.

(Source: P.A. 93-205, eff. 1-1-04.)

Section 50. The State Agency Employees Child Care Services Act is amended by changing Sections 2, 3, 4, and 5 as follows:

(30 ILCS 590/2) (from Ch. 127, par. 3002)

Sec. 2. In this Act, unless the context otherwise requires, the following terms shall have the meanings ascribed to them:

1. "Department" means the Department of Central Management Services.

2. "State agency" means all departments, officers, commissions, boards, institutions and bodies politic and corporate of the State, including the offices of Clerk of the Supreme Court and Clerks of the Appellate Courts, the several courts of the State and the legislature, its committees or commissions.

3. "Child care services" means child day care home or center services as defined by the Child Care Act of 1969.

(Source: P.A. 84-652.)

(30 ILCS 590/3) (from Ch. 127, par. 3003)

Sec. 3. The Department may authorize a State agency to contract for the provision of child care services for its employees. The Department may, in accordance with established rules, allow child day care centers to operate in State-owned or leased facilities. Such facilities shall be primarily for use by State employees but use by non-employees may be allowed.

Where a State agency enters into a contract to construct, acquire or lease all or a substantial portion of a building, in which more than 50 persons shall be employed, other than a renewal of an existing lease, after July 1, 1990, and where a need has been demonstrated, according to Section 4 of this Act, on-site child care services shall be provided for State employees.

The Department shall implement this Act and shall promulgate all rules and regulations necessary for this purpose. By April 1, 1991, the Department shall propose rules setting forth the standards and criteria, including need and feasibility, for determining if on-site child care services shall be provided. The Department shall consult with the Department of Children and Family Services in defining standards for child care service centers established pursuant to this Act to ensure compliance with the Child Care Act of 1969. The Department shall establish a schedule of fees that shall be charged to employees of State agencies who may obtain child care services under this Act. Such schedule shall be established so that charges for service are based on the actual cost of care. Except as otherwise provided by law for employees who may qualify for public assistance or social services due to indigency or family circumstance, each employee obtaining child care services under this Act shall be responsible for full payment of such charges. The Department shall report, on or before December 31 of each year, to the Governor and the members of the General Assembly, on the feasibility and implementation of a plan for the provision of comprehensive child care services.

(Source: P.A. 86-1482.)

(30 ILCS 590/4) (from Ch. 127, par. 3004)

Sec. 4. Prior to receiving authorization from the Department to contract for child care services, a State agency shall demonstrate a need for such services. Proof of need submitted to the Department may include a survey of agency employees as well as a determination of the availability of child care services under such agency, through other State agencies, or in the community. The Department may also require submission of a feasibility, design and implementation plan, which takes into consideration similar needs and services of other State agencies.

The Department shall assist any State agency authorized to procure child care services in the preparation of a request for proposals, in order to assure that the services provided address the specific needs of the agency personnel.

Any State agency authorized by the Department to contract for child care services shall have the sole responsibility for choosing the successful bidder and overseeing the operation of its child care service program within the guidelines established by the Department. The Department shall promulgate rules pursuant to the Illinois Administrative Procedure Act which detail the specific standards to be used by the Director of any State agency in the selection of a vendor of child care services.

The State agency's contract shall provide for the establishment of or arrangement for the use of a licensed child day care center or a licensed child day care agency, as defined in the Child Care Act of 1969.

State agencies with similar needs, or those with small employee populations may group together to establish need and contract for the provision of child care services.

(Source: P.A. 85-1337; 86-1482.)

(30 ILCS 590/5) (from Ch. 127, par. 3005)

Sec. 5. The General Assembly, through the Joint Committee on Legislative Support Services, may contract for the establishment of child care services, which may also serve as a prototype or model of such services for other state agencies. Such a center shall use a schedule of fees and charges established by the Department under Section 3 of this Act. Such a center may also be used for the conduct of research on child development, child day care standards, the effect of employer-assisted child care on employee morale and productivity or other subjects as determined by the Joint Committee on Legislative Support Services, in consultation with the Department of Children and Family Services.

(Source: P.A. 84-652.)

Section 55. The Use Tax Act is amended by changing Section 2c as follows:

(35 ILCS 105/2c) (from Ch. 120, par. 439.2c)

Sec. 2c. For purposes of this Act, a corporation, limited liability company, society, association, foundation or institution organized and operated exclusively for educational purposes shall include: all tax-supported public schools; private schools which offer systematic instruction in useful branches of learning by methods common to public schools and which compare favorably in their scope and intensity with the course of study presented in tax-supported schools; licensed child day care centers as defined in Section 2.09 of the Child Care Act of 1969 which are operated by a not for profit corporation, society, association, foundation, institution or organization; vocational or technical schools or institutes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and designed to prepare individuals to follow a trade or to pursue a manual, technical, mechanical, industrial, business or commercial occupation.

However, a corporation, limited liability company, society, association, foundation or institution organized and operated for the purpose of offering professional, trade or business seminars of short duration, self-improvement or personality development courses, courses which are avocational or recreational in nature, courses pursued entirely by open circuit television or radio, correspondence courses, or courses which do not provide specialized training within a specific vocational or technical field shall not be considered to be organized and operated exclusively for educational purposes.

(Source: P.A. 88-480.)

Section 60. The Service Occupation Tax Act is amended by changing Section 2c as follows:

(35 ILCS 115/2c) (from Ch. 120, par. 439.102c)

Sec. 2c. For purposes of this Act, a corporation, limited liability company, society, association, foundation or institution organized and operated exclusively for educational purposes shall include: all tax-supported public schools; private schools which offer systematic instruction in useful branches of learning by methods common to public schools and which compare favorably in their scope and intensity with the course of study presented in tax-supported schools; licensed child day care centers as defined in Section 2.09 of the Child Care Act of 1969 which are operated by a not-for-profit corporation, society, association, foundation, institution or organization; vocational or technical schools or institutes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and designed to prepare individuals to follow a trade or to pursue a manual, technical, mechanical, industrial, business or commercial occupation.

However, a corporation, limited liability company, society, association, foundation or institution organized and operated for the purpose of offering professional, trade or business seminars of short duration, self-improvement or personality development courses, courses which are avocational or recreational in nature, courses pursued entirely by open circuit television or radio, correspondence courses, or courses which do not provide specialized training within a specific vocational or technical field shall not be considered to be organized and operated exclusively for educational purposes.

(Source: P.A. 88-480.)

Section 65. The Retailers' Occupation Tax Act is amended by changing Section 2h as follows:

(35 ILCS 120/2h) (from Ch. 120, par. 441h)

Sec. 2h. For purposes of this Act, a corporation, limited liability company, society, association, foundation or institution organized and operated exclusively for educational purposes shall include: all tax-supported public schools; private schools which offer systematic instruction in useful branches of learning by methods common to public schools and which compare favorably in their scope and intensity with the course of study presented in tax-supported schools; licensed child day care centers as defined in Section 2.09 of the Child Care Act of 1969 which are operated by a not for profit corporation, society, association, foundation, institution or organization; vocational or technical schools or institutes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and designed to prepare individuals to follow a trade or to pursue a manual, technical, mechanical, industrial, business or commercial occupation.

However, a corporation, limited liability company, society, association, foundation or institution organized and operated for the purpose of offering professional, trade or business seminars of short duration, self-improvement or personality development courses, courses which are avocational or recreational in nature, courses pursued entirely by open circuit television or radio, correspondence courses, or courses which do not provide specialized training within a specific vocational or technical field shall not be considered to be organized and operated exclusively for educational purposes.

(Source: P.A. 88-480.)

Section 70. The Community Self-Revitalization Act is amended by changing Section 15 as follows:

(50 ILCS 350/15)

Sec. 15. Certification; Board of Economic Advisors.

(a) In order to receive the assistance as provided in this Act, a community shall first, by ordinance passed by its corporate authorities, request that the Department certify that it is an economically distressed community. The community must submit a certified copy of the ordinance to the Department. After review of the ordinance, if the Department determines that the community meets the requirements for certification, the Department may certify the community as an economically distressed community.

(b) A community that is certified by the Department as an economically distressed community may appoint a Board of Economic Advisors to create and implement a revitalization plan for the community. The Board shall consist of 18 members of the community, appointed by the mayor or the presiding officer of the county or jointly by the presiding officers of each municipality and county that have joined to form a community for the purposes of this Act. Up to 18 Board members may be appointed from the following vital sectors:

(1) A member representing households and families.

(2) A member representing religious organizations.

(3) A member representing educational institutions.

(4) A member representing child care daycare centers, care centers for persons with disabilities, and care centers for the disadvantaged.

(5) A member representing community based organizations such as neighborhood improvement associations.

(6) A member representing federal and State employment service systems, skill training centers, and placement referrals.

(7) A member representing Masonic organizations, fraternities, sororities, and social clubs.

(8) A member representing hospitals, nursing homes, senior citizens, public health agencies, and funeral homes.

(9) A member representing organized sports, parks, parties, and games of chance.

(10) A member representing political parties, clubs, and affiliations, and election related matters concerning voter education and participation.

(11) A member representing the cultural aspects of the community, including cultural events, lifestyles, languages, music, visual and performing arts, and literature.

(12) A member representing police and fire protection agencies, prisons, weapons systems, and the military industrial complex.

(13) A member representing local businesses.

(14) A member representing the retail industry.

(15) A member representing the service industry.

(16) A member representing the industrial, production, and manufacturing sectors.

(17) A member representing the advertising and marketing industry.

(18) A member representing the technology services industry.

The Board shall meet initially within 30 days of its appointment, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson. Members of the Board shall serve without compensation.

(c) One third of the initial appointees shall serve for 2 years, one third shall serve for 3 years, and one third shall serve for 4 years, as determined by lot. Subsequent appointees shall serve terms of 5 years.

(d) The Board shall create a 3-year to 5-year revitalization plan for the community. The plan shall contain distinct, measurable objectives for revitalization. The objectives shall be used to guide ongoing implementation of the plan and to measure progress during the 3-year to 5-year period. The Board shall work in a dynamic manner defining goals for the community based on the strengths and weaknesses of the individual sectors of the community as presented by each member of the Board. The Board shall meet periodically and revise the plan in light of the input from each member of the Board concerning his or her respective sector of expertise. The process shall be a community driven revitalization process, with community-specific data determining the direction and scope of the revitalization.

(Source: P.A. 99-143, eff. 7-27-15.)

Section 75. The Counties Code is amended by changing Sections 4-11001, 5-1097.5, 5-12020, and 5-12024 as follows:

(55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)

(Text of Section WITH the changes made by P.A. 98-1132, which has been held unconstitutional)

Sec. 4-11001. Juror fees. Each county shall pay to grand and petit jurors for their services in attending courts the sums of $25 for the first day and thereafter $50 for each day of necessary attendance, or such higher amount as may be fixed by the county board.

If a judge so orders, a juror shall also receive reimbursement for the actual cost of child day care incurred by the juror during his or her service on a jury.

The juror fees for service and child day care shall be paid out of the county treasury.

The clerk of the court shall furnish to each juror without fee whenever he is discharged a certificate of the number of days' attendance at court, and upon presentation thereof to the county treasurer, he shall pay to the juror the sum provided for his service.

Any juror may elect to waive the fee paid for service, transportation, or child day care, or any combination thereof.

(Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)

(Text of Section WITHOUT the changes made by P.A. 98-1132, which has been held unconstitutional)

Sec. 4-11001. Juror fees. Each county shall pay to grand and petit jurors for their services in attending courts the sum of $4 for each day of necessary attendance at such courts as jurors in counties of the first class, the sum of $5 for each day in counties of the second class, and the sum of $10 for each day in counties of the third class, or such higher amount as may be fixed by the county board.

In addition, jurors shall receive such travel expense as may be determined by the county board, provided that jurors in counties of the first class and second class shall receive at least 10 cents per mile for their travel expense. Mileage shall be allowed for travel during a juror's term as well as for travel at the opening and closing of his term.

If a judge so orders, a juror shall also receive reimbursement for the actual cost of child day care incurred by the juror during his or her service on a jury.

The juror fees for service, transportation, and child day care shall be paid out of the county treasury.

The clerk of the court shall furnish to each juror without fee whenever he is discharged a certificate of the number of days' attendance at court, and upon presentation thereof to the county treasurer, he shall pay to the juror the sum provided for his service.

Any juror may elect to waive the fee paid for service, transportation, or child day care, or any combination thereof.

(Source: P.A. 97-840, eff. 1-1-13.)

(55 ILCS 5/5-1097.5)

Sec. 5-1097.5. Adult entertainment facility. It is prohibited within an unincorporated area of a county to locate an adult entertainment facility within 3,000 feet of the property boundaries of any school, child day care center, cemetery, public park, forest preserve, public housing, place of religious worship, or residence, except that in a county with a population of more than 800,000 and less than 2,000,000 inhabitants, it is prohibited to locate, construct, or operate a new adult entertainment facility within one mile of the property boundaries of any school, child day care center, cemetery, public park, forest preserve, public housing, or place of religious worship located anywhere within that county. Notwithstanding any other requirements of this Section, it is also prohibited to locate, construct, or operate a new adult entertainment facility within one mile of the property boundaries of any school, child day care center, cemetery, public park, forest preserve, public housing, or place of religious worship located in that area of Cook County outside of the City of Chicago.

For the purposes of this Section, "adult entertainment facility" means (i) a striptease club or pornographic movie theatre whose business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions or (ii) an adult bookstore or adult video store whose primary business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions. "Unincorporated area of a county" means any area not within the boundaries of a municipality.

The State's Attorney of the county where the adult entertainment facility is located or the Attorney General may institute a civil action for an injunction to restrain violations of this Section. In that proceeding, the court shall determine whether a violation has been committed and shall enter such orders as it considers necessary to remove the effect of any violation and to prevent the violation from continuing or from being renewed in the future.

(Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)

(55 ILCS 5/5-12020)

(Text of Section before amendment by P.A. 104-458)

Sec. 5-12020. Commercial wind energy facilities and commercial solar energy facilities.

(a) As used in this Section:

"Commercial solar energy facility" means a "commercial solar energy system" as defined in Section 10-720 of the Property Tax Code. "Commercial solar energy facility" does not mean a utility-scale solar energy facility being constructed at a site that was eligible to participate in a procurement event conducted by the Illinois Power Agency pursuant to subsection (c-5) of Section 1-75 of the Illinois Power Agency Act.

"Commercial wind energy facility" means a wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. "Commercial wind energy facility" includes a wind energy conversion facility seeking an extension of a permit to construct granted by a county or municipality before January 27, 2023 (the effective date of Public Act 102-1123).

"Facility owner" means (i) a person with a direct ownership interest in a commercial wind energy facility or a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility, and (ii) at the time the facility is being developed, a person who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility.

"Nonparticipating property" means real property that is not a participating property.

"Nonparticipating residence" means a residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county.

"Occupied community building" means any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county: a school, place of worship, day care facility, public library, or community center.

"Participating property" means real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating property" also includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities.

"Participating residence" means a residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county.

"Protected lands" means real property that is:

(1) subject to a permanent conservation right consistent with the Real Property Conservation Rights Act; or

(2) registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.

"Supporting facilities" means the transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy facility or commercial solar energy facility.

"Wind tower" includes the wind turbine tower, nacelle, and blades.

(b) Notwithstanding any other provision of law or whether the county has formed a zoning commission and adopted formal zoning under Section 5-12007, a county may establish standards for commercial wind energy facilities, commercial solar energy facilities, or both. The standards may include all of the requirements specified in this Section but may not include requirements for commercial wind energy facilities or commercial solar energy facilities that are more restrictive than specified in this Section. A county may also regulate the siting of commercial wind energy facilities with standards that are not more restrictive than the requirements specified in this Section in unincorporated areas of the county that are outside the zoning jurisdiction of a municipality and that are outside the 1.5-mile radius surrounding the zoning jurisdiction of a municipality.

(c) If a county has elected to establish standards under subsection (b), before the county grants siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, the county board of the county in which the facility is to be sited or the zoning board of appeals for the county shall hold at least one public hearing. The public hearing shall be conducted in accordance with the Open Meetings Act and shall be held not more than 60 days after the filing of the application for the facility. The county shall allow interested parties to a special use permit an opportunity to present evidence and to cross-examine witnesses at the hearing, but the county may impose reasonable restrictions on the public hearing, including reasonable time limitations on the presentation of evidence and the cross-examination of witnesses. The county shall also allow public comment at the public hearing in accordance with the Open Meetings Act. The county shall make its siting and permitting decisions not more than 30 days after the conclusion of the public hearing. Notice of the hearing shall be published in a newspaper of general circulation in the county. A facility owner must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to the date of the required public hearing. A commercial wind energy facility owner seeking an extension of a permit granted by a county prior to July 24, 2015 (the effective date of Public Act 99-132) must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to a decision by the county to grant the permit extension. Counties may allow test wind towers or test solar energy systems to be sited without formal approval by the county board.

(d) A county with an existing zoning ordinance in conflict with this Section shall amend that zoning ordinance to be in compliance with this Section within 120 days after January 27, 2023 (the effective date of Public Act 102-1123).

(e) A county may require:

(1) a wind tower of a commercial wind energy facility to be sited as follows, with setback distances measured from the center of the base of the wind tower:

Setback Description Setback Distance

Occupied Community 2.1 times the maximum blade tip Buildings height of the wind tower to the nearest point on the outside wall of the structure

Participating Residences 1.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall of the structure

Nonparticipating Residences 2.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall of the structure

Boundary Lines of NoneParticipating Property Boundary Lines of 1.1 times the maximum blade tipNonparticipating Property height of the wind tower to the nearest point on the proper ty line of the nonparticipatin g property Public Road Rights-of-Way 1.1 times the m aximum blade tip height of the wind tower to the center point of the public road right-of-way Overhead Communication and 1.1 times the maximum blade tipElectric Transmission height of the wind tower to theand Distribution Facilities nearest edge of the propert y(Not Including Overhead line, easement, or Utility Service Lines to right-of-way Individual Houses or containing the overhead lin eOutbuildings) Ov erhead Utility Service NoneLines to IndividualHouses or Outbuildings Fish and Wildlife Areas 2.1 times the maximum blade and Illinois Nature tip height of the wind towe rPreserve Commission to the nearest point on the Protected Lands property line of the fish a nd wildlife area or protected land This Section does not exempt or excuse compliance with el ectric facility clearances approved or required by the National Electrical Code, the National Electrical Safety Code, the Illinois Commerce Commission, and the Federal E nergy Regulatory Commission and their designees or succe ssors; (2) a win d tower of a commercial wind energy facili ty to be sited so that industry standard computer modeling i ndicates that any occupied community building or nonpart icipating residence will not experience more than 30 hours per year of shadow flicker under planned operati ng conditions;

(3) a commercial solar energy facility to be sited as follows, with setback distances measured from the nearest edge of any component of the facility:

Setback Description Setback Distance Occupied Community 150 feet from the nearestBuildings and Dwellings on point on the outside wall Nonparticipating Properties of the structure Boundary Lines of NoneParticipating Property Public Road Rights-of-Way 50 feet from th e nearest edge Boundary Lines of 50 feet to the nearestNonparticipating Property point on the property line of the nonparticipatin g property (4) a commercial solar energy facility to be sited so that the facility's perimeter is enclosed by fencing havi ng a height of at least 6 feet and no more than 25 fe et; and (5) a comme rcial solar energy facility to be sited so that no component of a solar panel has a height of more t han 20 feet above ground when the solar energy facility' s arrays are at full tilt. The requireme nts set forth in this subsection (e) may be waived subject to the written consent of the owner of eac h affected nonparticipating property. (f) A county may not set a sound limitation for wind towe rs in commercial wind energy facilities or any components in commercial solar energy facilities that is more restricti ve than the sound limitations established by the Illinois Po llution Control Board under 35 Ill. Adm. Code Parts 900 , 901, and 910. (g) A county may not plac e any restriction on the install ation or use of a commercial wind energy facility or a commercial solar energy facility unless it adopts an ordi nance that complies with this Section. A county may not establi sh siting standards for supporting facilities that preclude development of commercial wind energy facilities or comme rcial solar energy facilities. A request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar ene rgy facility, or modification of an approved siting or specia l use permit, shall be approved if the request is in compliance with the standards and conditions imposed in this Act, the zon ing ordinance adopted consistent with this Code, and the cond itions imposed under State and federal statutes and r egulations. (h) A county may not adop t zoning regulations that disall ow, permanently or temporarily, commercial wind ene rgy facilities or commercial solar energy facilities from bei ng developed or operated in any district zoned to allow agri cultural or industrial uses. (i) A county may not require permit application fees for a commercial wind energy facility or commercial solar energ y facility that are unreasonable. All application fees impo sed by the county shall be consistent with fees for projects in the county with similar capital value and cost.

(j) Except as otherwise provided in this Section, a count y shall not require standards for construction, decommissio ning, or deconstruction of a commercial wind energy facility or commercial solar energy facility or related financial ass urances that are more restrictive than those included in the Department of Agriculture's standard wind farm agricu ltural impact mitigation agreement, template 81818, or standard solar agricultural impact mitigation agreement, version 8.19.19, as applicable and in effect on December 31, 2022. The amount of any decommissioning payment shall be in accordance with the financial assurance required by those agricultural impact mitigation agreements. (j-5) A commercial wind energy facility or a commer cial solar energy facility shall file a farmland drainage plan with the county and impacted drainage districts outlining how surface and subsurface drainage of farmland will be resto red during and following construction or deconstruction of th e facility. The plan is to be created independently by the facility developer and shall include the location of any potentially impacted drainage district facilities to the extent this information is publicly available from the co unty or the drainage district, plans to repair any subsurface drainage affected during construction or deconstruction u sing procedures outlined in the agricultural impact mitigation agreement entered into by the commercial wind energy faci lity owner or commercial solar energy facility owner, and proc edures for the repair and restoration of surface drai nage affected during construction or deconstruction. All surfa ce and subsurface damage shall be repaired as soon as reason ably practicable. (k) A county may not cond ition approval of a commercial w ind energy facility or commercial solar energy facility on a property value guarantee and may not require a facility o wner to pay into a neighboring property devaluation escrow acc ount. (l) A county may require certain vegetative screening sur rounding a commercial wind energy facility or commerci al solar energy facility but may not require earthen berms o r similar structures. (m) A county may s et blade tip height limitations for win d towers in commercial wind energy facilities but may not s et a blade tip height limitation that is more restrictive than the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 1 4 CFR Part 77. (n) A county may require that a commercial wind energy fa cility owner or commercial solar energy facility owner provide: (1) the resul ts and recommendations from consultati on with the Illinois Department of Natural Resources that ar e obtained through the Ecological Compliance Assessment Too l (EcoCAT) or a comparable successor tool; and (2) the results of the United States Fish and Wildl ife Service's Information for Planning and Consulting environ mental review or a comparable successor tool that is consistent with (i) the "U.S. Fish and Wildlife Servic e's Land-Based Wind Energy Guidelines" and (i i) any applicable United States Fish and Wildlife Service solar wildlife guidelines that have been subject to public revi ew. (o) A county may require a com mercial wind energy facilit y or commercial solar energy facility to adhere to the reco mmendations provided by the Illinois Department of Na tural Resources in an EcoCAT natural resource review report und er 17 Ill. Adm. Code Part 1075. (p) A county may require a facility owner to: (1) demonstrate avoidance of protected lands as ide ntified by the Illinois Department of Natural Resource s and the Illinois Nature Preserve Commission; or (2) consider the recommendations of the Illinois De partment of Natural Resources for setbacks from protect ed lands, including areas identified by the Illino is Nature Preserve Commission. (q ) A county may require that a facility owner provide ev idence of consultation with the Illinois State Historic Preservation Office to assess potential impacts on State-registered historic sites under the Illinois State Agency Historic Resources Preservation Act.

(r) To maximize community benefits, including, but not li mited to, reduced stormwater runoff, flooding, and eros ion at the ground mounted solar energy system, improved soil health, and increased foraging habitat for game birds, so ngbirds, and pollinators, a county may (1) require a co mmercial solar energy facility owner to plant, establis h, and maintain for the life of the facility vegetative grou nd cover, consistent with the goals of the Pollinator- Friendly Solar Site Act and (2) require the submittal of a vegetat ion management plan that is in compliance with the agricultur al impact mitigation agreement in the application to constru ct and operate a commercial solar energy facility in the cou nty if the vegetative ground cover and vegetation management plan comply with the requirements of the underlying agreement with the landowner or landowners where the facility will be co nstructed. No later than 90 days aft er January 27, 2023 (the effecti ve date of Public Act 102-1123), the Illinoi s Department of Natural Resources shall develop guidelines for vegetation management plans that may be required under th is subsection for commercial solar energy facilities. The gu idelines must include guidance for short-term and long-term property management practices that provide and maintain n ative and non-invasive naturalized perennial vegetation t o protect the health and well-being of pollinators. (s) If a facility owner enters into a road use agreement with the Illinois Department of Transportation, a road di strict, or other unit of local government relating to a commercial wind energy facility or a commercial solar ene rgy facility, the road use agreement shall require the facili ty owner to be responsible for (i) the reasonable cost of im proving roads used by the facility owner to construct t he commercial wind energy facility or the commercial solar e nergy facility and (ii) the reasonable cost of repairing roads used by the facility owner during construction of the commerci al wind energy facility or the commercial solar energy facil ity so that those roads are in a condition that is safe for t he driving public after the completion of the facility's con struction. Roadways improved in preparation for and du ring the construction of the commercial wind energy facility o r commercial solar energy facility shall be repaired and re stored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damag ed as a result of construction-related activities.

The road use agreement shall not require the facility own er to pay costs, fees, or charges for road work that i s not specifically and uniquely attributable to the constructio n of the commercial wind energy facility or the commercial sol ar energy facility. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportat ion, a road district, or other unit of local government under a road use agreement with the facility owner shall be reasonably related to the cost of administration of the road use agr eement. (s-5) The facility ow ner shall also compensate land owners for crop losses or other agricultural damages resulting f rom damage to the drainage system caused by the construction of the commercial wind energy facility or the commercial sol ar energy facility. The commercial wind energy facility owne r or commercial solar energy facility owner shall repair or pa y for the repair of all damage to the subsurface drainage syste m caused by the construction of the commercial wind energy facility or the commercial solar energy facility in accor dance with the agriculture impact mitigation agreement requirem ents for repair of drainage. The commercial wind energy facili ty owner or commercial solar energy facility owner shall rep air or pay for the repair and restoration of surface drainage caused by the construction or deconstruction of the comme rcial wind energy facility or the commercial solar energy facil ity as soon as reasonably practicable. (t) Notwithstanding any other provision of law, a facilit y owner with siting approval from a county to construct a c ommercial wind energy facility or a commercial solar ene rgy facility is authorized to cross or impact a drainage syst em, including, but not limited to, drainage tiles, open drain age ditches, culverts, and water gathering vaults, owned or u nder the control of a drainage district under the Illinois Dra inage Code without obtaining prior agreement or approval from t he drainage district in accordance with the farmland drainag e plan required by subsection (j-5). (u) The amendments to this Section adopted in Public Act 102-1123 do not apply to: (1) an application for si ting approval or for a special use permit for a commercial win d energy facility or commercial solar energy facility if th e application was submitted to a unit of local government b efore January 27, 2023 (the effective date of Public Act 102-1123); (2) a commercial wind energy facility or a commercial sol ar energy facility if the facility owner has submitted an ag ricultural impact mitigation agreement to the Departmen t of Agriculture before January 27, 2023 (the effective date o f Public Act 102-1123); or (3) a commercial wind ener gy or commercial solar energy development on property that is l ocated within an enterprise zone certified under the Ill inois Enterprise Zone Act, that was classified as industrial by the appropriate zoning authority on or before January 27, 202 3, and that is located within 4 miles of the intersection of Interstate 88 and Interstate 39. (Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23; 104-417, eff. 8-15-25.) (Text of Section after amendment by P.A. 104-458) Sec. 5-12020. Commerci al wind energy facilities and commercial solar energy facilities. (a) As used in this Section: "Commercia l solar energy facility" means a "commercial so lar energy system" as defined in Section 10-720 o f the Property Tax Code. "Commercial solar energy facility" doe s not mean a utility-scale solar energy facility being co nstructed at a site that was eligible to participate in a procureme nt event conducted by the Illinois Power Agency pursuant to subsection (c-5) of Section 1-75 of the Illin ois Power Agency Act. "Commercial wind energ y facility" means a wind energy con version facility of equal or greater than 500 kilowatt s in total nameplate generating capacity. "Commercial wind ene rgy facility" includes a wind energy conversion facility seek ing an extension of a permit to construct granted by a county or municipality before January 27, 2023 (the effective date of Public Act 102-1123).

"Facility owner" means (i) a person with a direct ownersh ip interest in a commercial wind energy facility o r a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility, and (ii) at t he time the facility is being developed, a person who is act ing as a developer of the facility by acquiring the necessary ri ghts, permits, and approvals or by planning for the constructio n and operation of the facility, regardless of whether the pers on will own or operate the facility.

"Nonparticipating property" means real property that is n ot a participating property. "Nonparticipating residence" means a residence that is lo cated on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commer cial solar energy facility is filed with the county. "Occupied community building" means any one or more of th e following buildings that is existing and occupied on the date that the application for a permit to develop the commerci al wind energy facility or the commercial solar energy facil ity is filed with the county: a school, place of worship, child day care facility, public library, or community center. "Participating property" means real property that is the subject of a written agreement between a facility owner a nd the owner of the real property that provides the facility owner an easement, option, lease, or license to use the r eal property for the purpose of constructing a commercial win d energy facility, a commercial solar energy facility, or s upporting facilities. "Participating property" also incl udes real property that is owned by a facility owner for the p urpose of constructing a commercial wind energy facility, a comm ercial solar energy facility, or supporting facilitie s. "Participating residence" means a residence that is locat ed on participating property and that is existing an d occupied on the date that an application for a permit to develop the commercial wind energy facility or the commer cial solar energy facility is filed with the county. "Protected lands" means real property that is: (1) subject to a permanent conservation right consi stent with the Real Property Conservation Rights Act ; or (2) registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natu ral Areas Preservation Act. "Supporting facilities" means the transmission lines, sub stations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy faci lity or commercial solar energy facility. "Supporting faciliti es" includes energy storage systems capable of absorbing ener gy and storing it for use at a later time, including, but no t limited to, batteries and other electrochemical and elect romechanical technologies or systems. "Wind tower" includes the wind turbine tower, nacelle, an d blades. (b) Notwithstanding any other provision of law or whether the county has formed a zoning commission and adopted for mal zoning under Section 5-12007, a county may establis h standards for commercial wind energy facilities, commercial solar e nergy facilities, or both. The standards may include all of the requirements specified in this Section but may not includ e requirements for commercial wind energy facilities or com mercial solar energy facilities that are more restrict ive than specified in this Section. A county may also regulat e the siting of commercial wind energy facilities with standard s that are not more restrictive than the requirements speci fied in this Section in unincorporated areas of the county tha t are outside the zoning jurisdiction of a municipality and tha t are outside the 1.5-mile radius surrounding the zoning jurisdiction of a municipality. A county may also regulat e the siting of commercial solar energy facilities with standar ds that are not more restrictive than the requirements speci fied in this Section in unincorporated areas of the county tha t are outside of the zoning jurisdiction of a municipality. (c) If a county has elected to establish standards under subsection (b), before the county grants siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an a pproved siting or special use permit, the county board o f the county in which the facility is to be sited or the zoning board of appeals for the county shall hold at least one public hearing. The public hearing shall be conducted in accorda nce with the Open Meetings Act and shall conclude not more th an 60 days after the filing of the application for the facility . The county shall allow interested parties to a special use pe rmit an opportunity to present evidence and to cross-exa mine witnesses at the hearing, but the county may impose reaso nable restrictions on the public hearing, including reasonable time limitations on the presentation of evidence and the cross -examination of witnesses. The county shall al so allow public comment at the public hearing in accordance with t he Open Meetings Act. The county shall make its siting and p ermitting decisions not more than 30 days after the conc lusion of the public hearing. Notice of the hearing s hall be published in a newspaper of general circulation in the county. A facility owner must enter into an agricultural impact mitigation agreement with the Department of Agricu lture prior to the date of the required public hearing. A comme rcial wind energy facility owner seeking an extension of a perm it granted by a county prior to July 24, 2015 (the effective date of Public Act 99-132) must enter into an agricultur al impact mitigation agreement with the Department of Agriculture p rior to a decision by the county to grant the permit extension . Counties may allow test wind towers or test solar energy systems to be sited without formal approval by the county board. (d) A county with an existing zo ning ordinance in conflic t with this Section shall amend that zoning ordinance to be in compliance with this Section within 120 days after Januar y 27, 2023 (the effective date of Public Act 102-1123). (e) A county may require: (1) a wind tower of a commercial wind energy facili ty to be sited as follows, with setback distances measured f rom the center of the base of the wind tower: Setback Description Setback Distance Occupied Community 2.1 times the maximum blade tipBuildings height of the wind tower to the nearest point on the outsid e wall of the structure Participating Residences 1.1 times the maximum blade tip height of the wind tower to the nearest point on the outsid e wall of the structure Nonparticipating Residences 2.1 times the maximum blade tip height of the wind tower to the nearest point on the outsid e wall of the structure Boundary Lines of NoneParticipating Property Boundary Lines of 1.1 times the maximum blade tipNonparticipating Property height of the wind tower to the nearest point on the proper ty line of the nonparticipatin g property Public Road Rights-of-Way 1.1 times the m aximum blade tip height of the wind tower to the center point of the public road right-of-way Overhead Communication and 1.1 times the maximum blade tipElectric Transmission height of the wind tower to theand Distribution Facilities nearest edge of the propert y(Not Including Overhead line, easement, or Utility Service Lines to right-of-way Individual Houses or containing the overhead lin eOutbuildings) Ov erhead Utility Service NoneLines to IndividualHouses or Outbuildings Fish and Wildlife Areas 2.1 times the maximum blade and Illinois Nature tip height of the wind towe rPreserve Commission to the nearest point on the Protected Lands property line of the fish a nd wildlife area or protected land This Section does not exempt or excuse compliance with el ectric facility clearances approved or required by the National Electrical Code, the National Electrical Safety Code, the Illinois Commerce Commission, and the Federal E nergy Regulatory Commission and their designees or succe ssors; (2) a win d tower of a commercial wind energy facili ty to be sited so that industry standard computer modeling i ndicates that any occupied community building or nonpart icipating residence will not experience more than 30 hours per year of shadow flicker under planned operati ng conditions;

(3) a commercial solar energy facility to be sited as follows, with setback distances measured from the nearest edge of any above-ground component of the facility, excluding fencing: Setba ck Description Setback Distance Occupied Community 150 feet from the nearestBuildings and Dwellings on point on the outside wall Nonparticipating Properties of the structure Boundary Lines of NoneParticipating Property Public Road Rights-of-Way 50 feet from th e nearest edge of the public right-of-way Boundary Lines of 50 feet to the nearestNonparticipating Property point on the property line of the nonparticipatin g property (4) a commercial solar energy facility to be sited so that the facility's perimeter is enclosed by fencing havi ng a height of at least 6 feet and no more than 25 fe et; and (5) a comme rcial solar energy facility to be sited so that no component of a solar panel has a height of more t han 20 feet above ground when the solar energy facility' s arrays are at full tilt. This subsectio n (e) shall not preclude the ability of a c ounty to require a reasonable setback distance between f encing and public rights-of-way if the requi rement is not specific to commercial wind energy facilities or commerci al solar energy facilities and does not preclude the develop ment of commercial wind energy facilities or commercial solar energy facilities or the ability of commercial wind energ y facilities or commercial solar energy facilities to compl y with the requirements set forth in this subsection (e). The requirements set forth in this subsection (e) may be waived subject to the written consent of the owner of eac h affected nonparticipating property. (f) A county may not set a sound limitation for wind towe rs in commercial wind energy facilities or any components in commercial solar energy facilities that is more restricti ve than the sound limitations established by the Illinois Po llution Control Board under 35 Ill. Adm. Code Parts 900 , 901, and 910. Additionally, in accordance with Section 25 of the Environmental Protection Act, a participating propert y, participating residence, nonparticipating property, nonpa rticipating residence, or any combination of those p roperties or residences may waive enforcement of the rul es adopted by the Illinois Pollution Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910 by written waiver that complies with the applicable directive established in Sec tion 25 of the Environmental Protection Act and is recorded in the Office of the Recorder of the county in which the partici pating property, participating residence, nonparti cipating property, or nonparticipating residence is located. Once recorded, such a waiver shall be binding on any current and future owners, residents, lessees, invitees, and users of the participating property, participating reside nce, nonparticipating property, or nonparticipating residence for enforcement purposes. An owner of any participating resid ence or nonparticipating residence shall disclose the existenc e of such a waiver to any lessee before entering any new lease for the residence. A seller or transferor of a participating property, parti cipating residence, nonparticipating property, nonpa rticipating residence, or any combination of those p roperties or residences shall disclose the existence of such a waiver to any buyer or transferee before any sale or tr ansfer of the property. If disclosure of the waiver occurs after the buyer has made an offer to purchase the property, the sel ler shall disclose the existence of the waiver before accepti ng the buyer's offer and shall (1) allow the buyer an opport unity to review the disclosure and (2) inform the buyer that th e buyer has the right to amend the buyer's offer. (g) A county may not place any restriction on the install ation or use of a commercial wind energy facility or a commercial solar energy facility unless it adopts an ordi nance that complies with this Section. A county may not establi sh siting standards for supporting facilities that preclude development of commercial wind energy facilities or comme rcial solar energy facilities. A request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar ene rgy facility, or modification of an approved siting or specia l use permit, shall be approved if the request is in compliance with the standards and conditions imposed in this Act, the zon ing ordinance adopted consistent with this Act, and the condi tions imposed under State and federal statutes and regulations.

(h) A county may not adopt zoning regulations that disall ow, permanently or temporarily, commercial wind ene rgy facilities or commercial solar energy facilities from bei ng developed or operated in any district zoned to allow agri cultural or industrial uses. (i) ( Blank). (i-5) All siting ap proval or special use permit app lication fees for a commercial wind energy facility or commercial solar energy facility must be reasonable. Fees that do not exceed $5,000 per each megawatt of nameplate capac ity of the energy facility, up to a maximum of $125,000, shal l be considered presumptively reasonable. A county may also re quire reimbursement from the applicant for any reasonable expen ses incurred by the county in processing the siting approval or special use permit application in excess of the maximum f ee. A siting approval or special use permit shall not be subjec t to any time deadline to start construction or obtain a build ing permit of less than 5 years from the date of siting appro val or special use permit approval. A county shall allow an appl icant to request an extension of the deadline based upon reason able cause for the extension request. The exemption shall not be unreasonably withheld, conditioned, or denied. (i-10) A county may require, for a commercial wind energy facility or commercial solar energy facility, a single bu ilding permit and a reasonable permit fee for the facil ity which includes all supporting facilities. County building permit fees for commercial wind energy facility or commer cial solar energy facility that do not exceed $5,000 per each megawatt of nameplate capacity of the energy facility, up to a maximum of $75,000, shall be considered presumptively rea sonable. A county may also require reimbursement from the applicant for any reasonable expenses incurred by the cou nty in processing the building permit in excess of the maximu m fee. A county may require an applicant, upon start of con struction of the facility, to maintain liability insur ance that is commercially reasonable and consistent with preva iling industry standards for similar energy facilities. (j) Except as otherwise provided in this Section, a count y shall not require standards for construction, decommissio ning, or deconstruction of a commercial wind energy facility or commercial solar energy facility or related financial ass urances that are more restrictive than those included in the Department of Agriculture's standard wind farm agricu ltural impact mitigation agreement, template 81818, or standard solar agricultural impact mitigation agreement, version 8.19.19, as applicable and in effect on December 31, 2022. The amount of any decommissioning payment shall be in accordance with the financial assurance required by those agricultural impact mitigation agreements. (j-5) A commercial wind energy facility or a commer cial solar energy facility shall file a farmland drainage plan with the county and impacted drainage districts outlining how surface and subsurface drainage of farmland will be resto red during and following construction or deconstruction of th e facility. The plan is to be created independently by the facility developer and shall include the location of any potentially impacted drainage district facilities to the extent this information is publicly available from the co unty or the drainage district, plans to repair any subsurface drainage affected during construction or deconstruction u sing procedures outlined in the agricultural impact mitigation agreement entered into by the commercial wind energy faci lity owner or commercial solar energy facility owner, and proc edures for the repair and restoration of surface drai nage affected during construction or deconstruction. All surfa ce and subsurface damage shall be repaired as soon as reason ably practicable. (k) A county may not cond ition approval of a commercial w ind energy facility or commercial solar energy facility on a property value guarantee and may not require a facility o wner to pay into a neighboring property devaluation escrow acc ount. (l) A county may require certain vegetative screening bet ween a commercial solar energy facility and nonpartici pating residences. A county may not require ear then berms or similar structures. Vegetative screening require ments shall be commercially reasonable and limited in height at full maturity to avoid reduction of the productive energy outp ut of the commercial solar energy facility. A county may not re quire vegetative screening to exceed 5 feet in height when firs t installed or prior to commercial operation date. The scre ening requirements shall take into account the size and locatio n of the facility, visibility from nonparticipating residences , compatibility of native plant species, cost and feasibili ty of installation and maintenance, and industry standards and best practices for commercial solar energy facilities.

(m) A county may set blade tip height limitations for win d towers in commercial wind energy facilities but may not s et a blade tip height limitation that is more restrictive than the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 1 4 CFR Part 77. (n) A county may require that a commercial wind energy fa cility owner or commercial solar energy facility owner provide: (1) the resul ts and recommendations from consultati on with the Illinois Department of Natural Resources that ar e obtained through the Ecological Compliance Assessment Too l (EcoCAT) or a comparable successor tool; and (2) (blank). (o) A county may re quire a commercial wind energy facilit y or commercial solar energy facility to adhere to the reco mmendations provided by the Illinois Department of Na tural Resources in an EcoCAT natural resource review report und er 17 Ill. Adm. Code Part 1075. (p) A county may require a facility owner to: (1) demonstrate avoidance of protected lands as ide ntified by the Illinois Department of Natural Resource s and the Illinois Nature Preserve Commission; or (2) consider the recommendations of the Illinois De partment of Natural Resources for setbacks from protect ed lands, including areas identified by the Illino is Nature Preserve Commission. (q ) A county may require that a facility owner provide ev idence of consultation with the Illinois State Historic Preservation Office to assess potential impacts on State-registered historic sites under the Illinois State Agency Historic Resources Preservation Act.

(r) To maximize community benefits, including, but not li mited to, reduced stormwater runoff, flooding, and eros ion at the ground mounted solar energy system, improved soil health, and increased foraging habitat for game birds, so ngbirds, and pollinators, a county may (1) require a co mmercial solar energy facility owner to plant, establis h, and maintain for the life of the facility vegetative grou nd cover, consistent with the goals of the Pollinator- Friendly Solar Site Act and (2) require the submittal of a vegetat ion management plan that is in compliance with the agricultur al impact mitigation agreement in the application to constru ct and operate a commercial solar energy facility in the cou nty if the vegetative ground cover and vegetation management plan comply with the requirements of the underlying agreement with the landowner or landowners where the facility will be co nstructed. No later than 90 days aft er January 27, 2023 (the effecti ve date of Public Act 102-1123), the Illinoi s Department of Natural Resources shall develop guidelines for vegetation management plans that may be required under th is subsection for commercial solar energy facilities. The gu idelines must include guidance for short-term and long-term property management practices that provide and maintain n ative and non-invasive naturalized perennial vegetation t o protect the health and well-being of pollinators. (s) If a facility owner enters into a road use agreement with the Illinois Department of Transportation, a road di strict, or other unit of local government relating to a commercial wind energy facility or a commercial solar ene rgy facility, the road use agreement shall require the facili ty owner to be responsible for (i) the reasonable cost of im proving roads used by the facility owner to construct t he commercial wind energy facility or the commercial solar e nergy facility and (ii) the reasonable cost of repairing roads used by the facility owner during construction of the commerci al wind energy facility or the commercial solar energy facil ity so that those roads are in a condition that is safe for t he driving public after the completion of the facility's con struction. Roadways improved in preparation for and du ring the construction of the commercial wind energy facility o r commercial solar energy facility shall be repaired and re stored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damag ed as a result of construction-related activities.

The road use agreement shall not require the facility own er to pay costs, fees, or charges for road work that i s not specifically and uniquely attributable to the constructio n of the commercial wind energy facility or the commercial sol ar energy facility. No road district or other unit of local government may request or require permit fees, fines, or other payment obligations as a requirement for a road use agree ment with a facility owner unless the amount of the reasonable permit fee or payment is equivalent to the amount of actu al expenses incurred by the road district or other unit of l ocal government for negotiating, executing, constructing, or i mplementing the road use agreement. The road use agreeme nt shall not require any road work to be performed by or pai d for by the facility owner that is not specifically and unique ly attributable to the road improvements required for the co nstruction of the commercial wind energy facility or th e commercial solar energy facility or the restoration of th e roads used by the facility owner during construction-related activities. (s-5) The facility o wner shall also compensate land owners for crop losses or other agricultural damages resulting f rom damage to the drainage system caused by the construction of the commercial wind energy facility or the commercial sol ar energy facility. The commercial wind energy facility owne r or commercial solar energy facility owner shall repair or pa y for the repair of all damage to the subsurface drainage syste m caused by the construction of the commercial wind energy facility or the commercial solar energy facility in accor dance with the agriculture impact mitigation agreement requirem ents for repair of drainage. The commercial wind energy facili ty owner or commercial solar energy facility owner shall rep air or pay for the repair and restoration of surface drainage caused by the construction or deconstruction of the comme rcial wind energy facility or the commercial solar energy facil ity as soon as reasonably practicable. (t) Notwithstanding any other provision of law, a facilit y owner with siting approval from a county to construct a c ommercial wind energy facility or a commercial solar ene rgy facility is authorized to cross or impact a drainage syst em, including, but not limited to, drainage tiles, open drain age ditches, culverts, and water gathering vaults, owned or u nder the control of a drainage district under the Illinois Dra inage Code without obtaining prior agreement or approval from t he drainage district in accordance with the farmland drainag e plan required by subsection (j-5). (u) The amendments to this Section adopted in Public Act 102-1123 do not apply to: (1) an application for si ting approval or for a special use permit for a commercial win d energy facility or commercial solar energy facility if th e application was submitted to a unit of local government b efore January 27, 2023 (the effective date of Public Act 102-1123); (2) a commercial wind energy facility or a commercial sol ar energy facility if the facility owner has submitted an ag ricultural impact mitigation agreement to the Departmen t of Agriculture before January 27, 2023 (the effective date o f Public Act 102-1123); (3) a commercial wind energy or commercial solar energy development on property that is l ocated within an enterprise zone certified under the Ill inois Enterprise Zone Act, that was classified as industrial by the appropriate zoning authority on or before January 27, 202 3, and that is located within 4 miles of the intersection of Interstate 88 and Interstate 39; or (4) a commercial wind energy or commercial solar energy development on property in Madison County that is located within the area that has a s its northern boundary the portion of Drexelius Road that is b etween the intersection of Drexelius Road and Wolf Road and the intersection of Drexelius Road and Fosterburg Road, t hat has as its eastern boundary the portion of Fosterburg Roa d that is between the intersection of Fosterburg Road and D rexelius Road and the intersection of Fosterburg Road an d Wolf Road, and that has as its southern and western bound aries the portion of Wolf Road that is between the intersection of Fosterburg Road and Wolf Road and the intersection of Dre xelius Road and Wolf Road.(Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23; 104-417, eff. 8-15-25; 104-458, e ff. 6-1-26.) (55 ILCS 5/5-12024)

(This Section may contain text from a Public Act with a d elayed effective date)

Sec. 5-12024. Energy s torage systems. (a) As used in this Section: "Energy st orage system" means a facility with an aggregat e energy capacity that is greater than 1,000 kilowatts and that is capable of absorbing energy and storing it for use at a later time, including, but not limited to, electrochemica l and electromechanical technologies. "Energy storage system" d oes not include technologies that require combustion. "Energy storage system" also does not include energy storage syst ems associated with commercial solar energy facilities or com mercial wind energy facilities as defined in Section 5 -12020. "Excused service interru ption" means any period during wh ich an energy storage system does not store or discharg e electricity and that is planned or reasonably foreseeable for standard commercial operation, including any unavailabili ty caused by a buyer; storage capacity tests; system emergen cies; curtailments, including curtailment orders; transmission system outages; compliance with any operating restriction ; serial defects; and planned outages. "F acility owner" means (i) a person with a direct ownersh ip interest in an energy storage system, regardles s of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility and (ii) a per son who, at the time the facility is being developed, is acti ng as a developer of the facility by acquiring the necessary ri ghts, permits, and approvals or by planning for the constructio n and operation of the facility, regardless of whether the pers on will own or operate the facility. "Forc e majeure" means any event or circumstance that dela ys or prevents an energy storage system from timely p erforming all or a portion of its commercial operations if the act or event, despite the exercise of commercially re asonable efforts, cannot be avoided by and is beyond th e reasonable control, whether direct or indirect, of, and w ithout the fault or negligence of, a facility owner or o perator or any of its assignees. "Force majeure" include s, but is not limited to: (1) fire, flood, tornado, or other natural disaster s or acts of God; (2) wa r, civil strife, terrorist attack, or other s imilar acts of violence; (3) unavailability of materials, equipment, service s, or labor, including unavailability due to global supply c hain shortages; (4) u tility or energy shortages or acts or omission s of public utility providers; (5) any delay resulting from a pandemic, epidemic, or other public health emergency or related restrictions; an d (6) litigation or a regulatory proceeding regarding a facility. "NFPA" means the National Fir e Protection Association. "Nonparticipating property" means real property that is n ot a participating property. "Nonparti cipating residence" means a residence that is lo cated on nonparticipating property and that exists and is occupied on the date that the application for a permit to develop an energy storage system is filed with the county . "Occupied community building" means a school, place of wo rship, child day care facility, public library, or community center that is occupied on the date that the application for a permit to develop an energy storage system is filed with the county in which the building is located. "Participating property" means real property that is the subject of a written agreement between a facility owner a nd the owner of the real property and that provides the faci lity owner an easement, option, lease, or license to use the r eal property for the purpose of constructing an energy storag e system or supporting facilities. "Prote cted lands" means real property that is: (i) subjec t to a permanent conservation right consistent with the Rea l Property Conservation Rights Act; or (ii) registered or d esignated as a nature preserve, buffer, or land and wate r reserve under the Illinois Natural Areas Preservation Act . "Supporting facilities" means the transmission lines, sub stations, switchyard, access roads, meteorological tow ers, storage containers, and equipment associated with the gen eration, storage, and dispatch of electricity by an en ergy storage system. (b) Notwithstanding any other provision of law, if a coun ty has formed a zoning commission and adopted formal zoning under Section 5-12007, then a county may est ablish standards for energy storage systems in areas of the coun ty that are not within the zoning jurisdiction of a municipa lity. The standards may include all of the requirements specifi ed in this Section but may not include requirements for energy storage systems that are more restrictive than specified in this Section or requirements that are not specified in th is Section. (c) A county may require the e nergy storage facility to c omply with the version of NFPA 855 "Standard for the Ins tallation of Stationary Energy Storage Systems" in eff ect on the effective date of this amendatory Act or any succe ssor standard issued by the NFPA in effect on the date of siti ng or special use permit approval. A county may not include req uirements for energy storage systems that are more res trictive than NFPA 855 "Standard for the Installation of Stationary Energy Storage Systems" unless required by thi s Section. (d) If a county has elected to establish standards under subsection (b), then the zoning board of appeals for the county shall hold at least one public hearing before the county grants (i) siting approval or a special use permit for an energy storage system or (ii) modification of an appro ved siting or special use permit. The public hearing shall be conducted in accordance with the Open Meetings Act and sh all conclude not more than 60 days after the filing of the ap plication for the facility. The county shall allow inte rested parties to a special use permit an opportunity to present evidence and to cross-examine witnesses at the hearing, but the county may impose reasonable restriction s on the public hearing, including reasonable time limitations on the presentation of evidence and the cross-examinat ion of witnesses. The county shall also allow public comment at the public hearing in accordance with the Open Meetings Act. The county shall make its siting and permitting decisions not more than 30 days after the conclusion of the public hearing. Notice of the hearing shall be published in a newspaper o f general circulation in the county. (e) A county with an existing zoning ordinance in conflic t with this Section shall amend that zoning ordinance to co mply with this Section within 120 days after the effective dat e of this amendatory Act of the 104th General Assembly.

(f) A county shall require an energy storage system to be sited as follows, with setback distances measured from th e nearest edge of the nearest battery or other electrochemi cal or electromechanical enclosure: Setback Description Setback Distance Occupied Community 150 feet from the nearest Buildings and point of the outside wall o fNonparticipating Residences the occupied community buil ding or nonparticipating residen ce Boundary Lines of 50 feet to the nearest poin tOccupied Community on the property line ofBuildings and the occupied community buil dingNonparticipating Residences or nonparticipating propert y Public Road Rights-of-Way 50 feet from th e nearest edge of the right-of-way (2) A county shall also require an energy storage s ystem to be sited so that the facility's perimeter is en closed by fencing having a height of at least 7 feet an d no more than 25 feet. This Section does not exempt or excuse compliance with el ectric facility clearances approved or required by the National Electrical Code, the National Electrical Safety Code, the Illinois Commerce Commission, the Federal Energy Regu latory Commission, and their designees or successors.

(g) A county may not set a sound limitation for energy st orage systems that is more restrictive than the sound l imitations established by the Illinois Pollution Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910. Af ter commercial operation, a county may require the facility o wner to provide, not more than once, octave band sound pressur e level measurements from a reasonable number of sampled lo cations at the perimeter of the energy storage system t o demonstrate compliance with this Section. (h) The provisions set forth in subsection (f) may be wai ved subject to the written consent of the owner of eac h affected nonparticipating property or nonparticipating re sidence. (i) A county may not place a ny restriction on the install ation or use of an energy storage system unless it has formed a zoning commission and adopted formal zoning unde r Section 5-12007 and adopts an ordinance that compli es with this Section. A county may not establish siting standards for supporting facilities that preclude development of an ene rgy storage system. (j) A request for sitin g approval or a special use permit for an energy storage system, or modification of an appro ved siting approval or special use permit, shall be approved if the request complies with the standards and conditions im posed in this Code, the zoning ordinance adopted consistent wit h this Section, and other State and federal statutes and re gulations. The siting approval or special use permit ap proved by the county shall grant the facility owner a p eriod of at least 3 years after county approval to obtain a bui lding permit or commence construction of the energy storage sys tem, before the siting approval or special use permit may beco me subject to revocation by the county. Facility owners may be granted an extension on obtaining building permits or com mencing constructing upon a showing of good cause. A f acility owner's request for an extension may not be unre asonably withheld, conditioned, or denied. (k) A county may not adopt zoning regulations that disall ow, permanently or temporarily, an energy storage s ystem from being developed or operated in any district zones to allow agricultural or industrial uses.

(l) A facility owner shall file a farmland drainage plan with the county and impacted drainage districts that outl ines how surface and subsurface drainage of farmland will be r estored during and following the construction or deconst ruction of the energy storage system. The plan sha ll be created independently by the facility owner and shall inc lude the location of any potentially impacted drainage distric t facilities to the extent the information is publicly avai lable from the county or the drainage district and plans to rep air any subsurface drainage affected during construction or d econstruction using procedures outlined in the decommiss ioning plan. All surface and subsurface damage s hall be repaired as soon as reasonably practicable. (m) A facility owner shall compensate landowners for crop losses or other agricultural damages resulting from damag e to a drainage system caused by the construction of an energy storage system. The facility owner shall repair or pay fo r the repair of all damage to the subsurface drainage system ca used by the construction of the energy storage system. The fac ility owner shall repair or pay for the repair and restoration of surface drainage caused by the construction or deconstruc tion of the energy storage facility as soon as reasonably prac ticable. (n) County siting approva l or special use permit applicat ion fees for an energy storage system shall not e xceed the lesser of (i) $5,000 per each megawatt of nameplate c apacity of the energy storage system or (ii) $50,000. (o) The county may require a facility owner to provide a decommissioning plan to the county. The decommissioning p lan may include all requirements for decommissioning plans in NFPA 855 and may also require the facility owner to: (1) state how the energy storage system will be dec ommissioned, including removal to a depth of 3 feet of all structures that have no ongoing purpose and all debri s and restoration of the soil and any vegetation to a condi tion as close as reasonably practicable to the soil' s and vegetation's preconstruction condition within 18 mont hs of the end of project life or facility abandonment ; (2) include provisions related to commercially reas onable efforts to reuse or recycle of equipment and c omponents associated with the commercial offsite energy storage system; (3) in clude financial assurance in the form of a re clamation or surety bond or other commercially availabl e financial assurance that is acceptable to the county, wit h the county or participating property owner as beneficiary . The amount of the financial assurance shall not be more t han the estimated cost of decommissioning the energy fac ility, after deducting salvage value, as calculated by a professional engineer licensed to practice engineering in this State with expertise in preparing decommissioning estimates, retained by the applicant. The financial assur ance shall be provided to the county incrementally a s follows: (A) 25% before the start of full commercial o peration; (B) 5 0% before the start of the 5th year of c ommercial operation; and (C) 100% by the start of the tenth year of co mmercial operation;

(4) update the amount of the financial assurance no t more than every 5 years for the duration of commercial op erations. The amount shall be calculated by a professio nal engineer licensed to practice engineering in this State with expertise in decommissioning, hired by th e facility owner; and (5 ) decommission the energy storage system, in acco rdance with an approved decommissioning plan, within 18 months after abandonment. An energy storage system tha t has not stored electrical energy for 12 consecutive month s or that fails, for a period of 6 consecutive months, to p ay a property owner who is party to a written agreement, inc luding, but not limited to, an easement, option, lease , or license under the terms of which an energy storage sys tem is constructed on the property, amounts owed in ac cordance with the written agreement shall be considered abandoned, except when the inability to store energy is t he result of an event of force majeure or excused servic e interruption. (p) A county may not cond ition approval of an energy stor age system on a property value guarantee and may not require a facility owner to pay into a neighboring proper ty devaluation escrow account. (q) A count y may require that a facility owner provide th e results and recommendations from consultation with the De partment of Natural Resources that are obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a compa rable successor tool. (r) A county may requir e an energy storage system to adhe re to the recommendations provided by the Department of Natural Resources in an Agency Action Report under 17 Ill . Adm. Code 1075. (s) A county may requir e a facility owner to: (1) demonstrate avoidance of protected lands as ide ntified by the Department of Natural Resources and the Illinois Nature Preserves Commission; or (2) consider the recommendations of the Department of Natural Resources for setbacks from protected lands, incl uding areas identified by the Illinois Nature Preserv es Commission. (t) A county may require that a facility owner provide ev idence of consultation with the Illinois Historic Prese rvation Division to assess potential impacts on Stat e-registered historic sites under the Illinois State Agency Historic Resources Preservation Act. (u) A county may require that an application for siting a pproval or special use permit include the following info rmation on a site plan:

(1) a description of the property lines and physica l features, including roads, for the facility site; (2) a description of the proposed changes to the la ndscape of the facility site, including vegetation clea ring and planting, exterior lighting, and screening o r structures; and (3) a description of the zoning district designatio n for the parcel of land comprising the facility site. (v) A county may not prohibit an energy storage system fr om undertaking periodic augmentation to maintain the ap proximate original capacity of the energy storage syste m. A county may not require renewed or additional siting appro val or special use permit approval of periodic augmentation t o maintain the approximate original capacity of the energy storage system. (w) A county that issue s a building permit for energy sto rage systems shall review and process building permit applications within 60 days after receipt of the building permit application. If a county does not grant or deny th e building permit application within 60 days, the building permit shall be deemed granted. If a county denies a buil ding permit application, it shall specify the reason for the d enial in writing as part of its denial. (x) A county may require a single building permit and a r easonable permit fee for the facility which includes all supporting facilities. A county building permit fee for a n energy storage system that does not exceed the lesser of (i) $5,000 per each megawatt of nameplate capacity of the ene rgy storage system or (ii) $50,000 shall be considered presum ptively reasonable. A county may require that the a pplication for building permit contain: (1) an electrical diagram detailing the battery ene rgy storage system layout, associated components, and electri cal interconnection methods, with all National Ele ctrical Code compliant disconnects and overcurrent dev ices; and (2) an eq uipment specification sheet. (y) A county may require the facility owner to submit to the county prior to the facility's commercial operation a commissioning report meeting the requirements of NFPA 855 Sections 4.2.4, 6.1.3, and 6.1.5.5, as published in 2023, or the applicable Sections in the most recent version of NFP A 855. (z) A county may require the facil ity owner to submit to the county prior to the facility's commercial operation a hazard mitigation analysis meeting the requirements of NF PA 855 Section 4.4 or the applicable Sections in the most re cent version of NFPA 855. (aa) A county may require the facility owner to submit to the county an emergency operations plan meeting the requi rements of NFPA 855 Section 4.3.2.1.4, published in 2023, or applicable Sections in the most recent version of NFPA 855, prior to commercial operation. (bb) A c ounty may require a warning that complies with re quirements in NFPA 855 Section 4.7.4, published in 2023 , or applicable sections in the most recent version of NFPA 85 5. (cc) A county may require the energy storage system to ad here to the principles for responsible outdoor lighting provided by the International Dark-Sky Association and shall limit outdoor lighting to that which is minimally require d for safety and operational purposes. Any outdoor lighting sha ll be reasonably shielded and downcast from all residences and adjacent properties. (dd) This Section does not exempt compliance with fire an d safety standards and guidance established for the install ation of lithium-ion battery energy storage systems set b y the NFPA. (ee) Prior to commencement of commercial operation, the f acility owner shall offer to provide training for local fire departments and emergency responders in accordance with t he facility emergency operations plan. A copy of the emergen cy operations plan shall be given to the facility owner, the local fire department, and emergency responders. All batt eries integrated within an energy storage system shall be liste d under the UL 1973 Standard. All batteries integrated with in an energy storage system shall be listed in accordance with UL 9540 Standard, either from the manufacturer or by a field evaluation. (ff) If a facility owner en ters into a road use agreement with the Department of Transportation, a road district, o r other unit of local government relating to an energy stor age system, then the road use agreement shall require the fac ility owner to be responsible for (i) the reasonable cost of im proving, if necessary, roads used by the facility owner to construct the energy storage system and (ii) the reasonab le cost of repairing roads used by the facility owner during construction of the energy storage system so that those r oads are in a condition that is safe for the driving public af ter the completion of the facility's construction. A roadway improved in preparation for and during the construction o f the energy storage system shall be repaired and restored to t he improved condition at the reasonable cost of the develope r if the roadways have degraded or were damaged as a result of construction-related activities.

The road use agreement shall not require the facility own er to pay costs, fees, or charges for road work that i s not specifically and uniquely attributable to the constructio n of the energy storage system. No road district or other unit of local government may request or require a fine, permit fe e, or other payment obligation as a requirement for a road use agreement with a facility owner unless the amount of the fine, permit fee, or other payment obligation is equivalent to the amount of actual expenses incurred by the road district o r other unit of local government for negotiating, executing , constructing, or implementing the road use agreement. The road use agreement shall not require the facility owner to per form or pay for any road work that is unrelated to the road im provements required for the construction of the commerc ial wind energy facility or the commercial solar energy facil ity or the restoration of the roads used by the facility owne r during construction-related activities. (gg) The provisions of this amendatory Act of the 104th G eneral Assembly do not apply to an application for sitin g approval or special use permit for an energy storage syst em if the application was submitted to a county before the effe ctive date of this amendatory Act of the 104th General Assembly .(Source: P.A. 104-458, eff. 6-1-26.) Section 80. The Township Code is amend ed by changing Section 85-13 as follows: (60 ILCS 1/85-13) Sec. 85-13. Township s ervices, generally. (a) The township board may either expend funds directly o r may enter into any cooperative agreement or contract with any other governmental entity, not-for-profit cor poration, non-profit community service association, or any fo r-profit business entity as provided in subsection (b) with respec t to the expenditure of township funds, or funds made availabl e to the township under the federal State and Local Fiscal Ass istance Act of 1972, to provide any of the following s ervices to the residents of the township: (1) Ordinary and necessary maintenance and operatin g expenses for the following:

(A) Public safety (including law enforcement, fire protection, and building code enforcement). (B) Environmental protection (including sewag e disposal, sanitation, and pollution abatement). (C) Public transportation (including transit systems, paratransit systems, and streets and roads). (D) Health, including mental, behavioral, eye , dental, or other healthcare. (E) Recreation.

(F) Libraries. (G) Social services for the poor and aged. (2) Ordinary and necessary capital expenditures aut horized by law. (3) Development and retention of business, industri al, manufacturing, and tourist facilities within the township . (b) To be eligible to receive funds from the township und er this Section, a private not-for-profit corporation or community service association shall have been in existenc e at least one year before receiving the funds. The township b oard may, however, for the purpose of providing child

day care services, contract with child day care facilities licensed under the Child Care Act of 1969, regardless of whether t he facilities are organized on a for-profit or not-for-profit basis. (c) Township governments that di rectly expend or contract for child day care shall use the standard of need established by the Department of Children and Family Services in dete rmining recipients of subsidized child day care and shall use the rate schedule used by the Department of Children and Family Services for the purchase of subsidized c hild day care. Notwithstanding the preceding sentence, the township boar d may approve the application of a different, publicly availabl e, professional or academically recognized standard of need in determining eligibility for subsidized day care. (d) Township governments that directly expend or contract for senior citizen services may contract with for-p rofit (or not-for-profit) and non-sectarian organ izations as provided in Sections 220-15 and 220-35. (e) Those township supervisors or other elected township officials who are also members of a county board shall no t vote on questions before the township board or the county boar d that relate to agreements or contracts between the townsh ip and the county under this Section or agreements or contra cts between the township and the county that are otherwise au thorized by law. (f) The township boa rd may enter into direct agreements w ith for-profit corporations or other business enti ties to carry out recycling programs in unincorporated areas of t he township. The township board may by ord inance administer a recyclin g program or adopt rules and regulations relating to recycl ing programs in unincorporated areas of the township that it from time to time deems necessary and may provide penalties fo r violations of those rules and regulations. (g) For purposes of alleviating high unemployment, econom ically depressed conditions, and lack of moderately priced housing, the trustees of a township that includes all or a portion of a city that is a "financially distressed city" under the Financially Distressed City Law may contract wi th one or more not-for-profit or for-profi t organizations to construct and operate within the boundaries of the townsh ip a factory designed to manufacture housing or housing compon ents. The contract may provide for the private organization or organizations to manage some or all operations of the fac tory and may provide for (i) payment of employee compensation and taxes; (ii) discharge of other legal responsibilities; (i ii) sale of products; (iv) disposition of the factory, equipm ent, and other property; and (v) any other matters the townshi p trustees consider reasonable.(Source: P.A. 103-192, eff. 1-1-24.) Section 85. The Illinois Municipal Cod e is amended by changing Sections 8-3-18, 11-5-1. 5, 11-21.5-5, 11-74.4-3, and 11-80-15 as follows: (65 ILCS 5/8-3-18) Sec. 8-3-18. A municipality, upon a majority vote of its governing authority, may abate taxes levied for corporate purposes under Section 8-3-1 in an amount not to exceed 50% of the donation by a taxpayer who donates not less than $10, 000 to a qualified program. The abatement shall not exceed the t ax extension on the taxpayer's real property for the levy ye ar in which the donation is made. For purpose s of this Section, "qualified program" means a facility or a program in an area designated as a target a rea by the governing authority of the municipality for the creat ion or expansion of job training and counseling programs, you th child day care centers , congregate housing programs for senior adults, youth recreation programs, alcohol and drug abuse prevention, mental health counseling programs, domestic v iolence shelters, and other programs, facilities or serv ices approved by the governing authority as qualified programs in a target area.(Source: P.A. 88-389.) (65 ILCS 5/11-5-1.5) Sec. 11-5-1.5. A dult entertainment facility. It is prohibited within a municipality to locate an adult enter tainment facility within 1,000 feet of the property boundaries of any school, child day care center, cemetery, public park, forest preserve, public housing, and place o f religious worship, except that in a county with a populat ion of more than 800,000 and less than 2,000,000 inhabitants, it is prohibited to locate, construct, or operate a new adul t entertainment facility within one mile of the property bo undaries of any school, child day care center, cemetery, public park, forest preserve, public housing, or place of religious worship located anywhere within that county. No twithstanding any other requirements of this Section, i t is also prohibited to locate, construct, or operate a new ad ult entertainment facility within one mile of the property bo undaries of any school, child day care center, cemetery, public park, forest preserve, public housing, or place of religious worship located in that area of Cook County out side of the City of Chicago. For the purpose s of this Section, "adult entertainment fa cility" means (i) a striptease club or pornographic mov ie theatre whose business is the commercial sale, disseminat ion, or distribution of sexually explicit material, shows, or other exhibitions or (ii) an adult bookstore or adult video sto re in which 25% or more of its stock-in-trade, book s, magazines, and films for sale, exhibition, or viewing on-premises are sexually explicit material.(Source: P.A. 9 5-47, eff. 1-1-08; 95-214, eff. 8-16-07; 95-876, eff. 8-21-08.) (65 ILCS 5/11-21.5-5) Sec. 11-21.5-5. Local emergency energy plans. (a) Any municipality, including a home rule municipality, may, by ordinance, require any electric utility (i) that serves more than 1,000,000 customers in Illinois and (ii) that is operating within the corporate limits of the municipal ity to adopt and to provide the municipality with a local eme rgency energy plan. For the purposes of this Section, (i) "local emergency energy plan" or "plan" means a planned c ourse of action developed by the electric utility that is imple mented when the demand for electricity exceeds, or i s at significant risk of exceeding, the supply of electricity available to the electric utility and (ii) "local emergen cy energy plan ordinance" means an ordinance adopted by the corporate authorities of the municipality under this Sect ion that requires local emergency energy plans. (b) A local emergency energy plan must include the follow ing information: (1) the circumstances that would require the implem entation of the plan; (2) the levels or stages of the plan; (3) the approximate geographic limits of each outag e area provided for in the plan; (4) the approximate number of customers within each outage area provided for in the plan; (5) any police facilities, fire stations, hospitals , nursing homes, schools, child day care centers, senior citizens centers, community health centers, blood banks, dialysis centers, community mental health centers, correc tional facilities, stormwater and wastewater treatm ent or pumping facilities, water-pumping stat ions, buildings in excess of 80 feet in height that have been i dentified by the municipality, and persons on life suppo rt systems that are known to the electric utility th at could be affected by controlled rotating interruptio ns of electric service under the plan; and (6) the anticipated sequence and duration of intent ional interruptions of electric service to each out age area under the plan. (c) A local emergency energy plan ordinance may require t hat, when an electric utility determines it is necessary to implement a controlled rotating interruption of electric service because the demand for electricity exceeds, or is at significant risk of exceeding, the supply of electricity available to the electric utility, the electric utility n otify a designated municipal officer that the electric utility will be implementing its local emergency energy plan. The noti fication shall be made pursuant to a procedure approv ed by the municipality after consultation with the electric uti lity. (d) After providing the notice required in subsection (c) , an electric utility shall reasonably and separately advis e designated municipal officials before it implements each level or stage of the plan, which shall include (i) a request f or emergency help from neighboring utilities, (ii) a declara tion of a control area emergency, and (iii) a public appeal fo r voluntary curtailment of electricity use. (e) The electric utility must give a separate notice to a designated municipal official immediately after it determ ines that there will be a controlled rotating interruption of electric service under the local emergency energy plan. T he notification must include (i) the areas in which service will be interrupted, (ii) the sequence and estimated duration of the service outage for each area, (iii) the affected feed ers, and (iv) the number of affected customers in each area. W henever practical, the notification shall be made at lea st 2 hours before the time of the outages. If the electric uti lity is aware that controlled rotating interruptions may be re quired, the notification may not be made less than 30 m inutes before the outages. (f) A local emergency energy plan ordinance may provide c ivil penalties for violations of its provisions. The pen alties must be permitted under the Illinois Municipal Code. (g) The notifications required by this Section are in add ition to the notification requirements of any applicab le franchise agreement or ordinance and to the notification requirements of any applicable federal or State law, rule , and regulation. (h) Except for any penaltie s or remedies that may be prov ided in a local emergency energy plan ordinance, in t his Act, or in rules adopted by the Illinois Commerce Commiss ion, nothing in this Section shall be construed to impose liab ility for or prevent a utility from taking any actions that are necessary at any time, in any order, and with or without notice that are required to preserve the integrity of the electr ic utility's electrical system and interconnected network. (i) Nothing in this Section, a local emergency energy pla n ordinance, or a local emergency energy plan creates any d uty of a municipality to any person or entity. No municipalit y may be subject to any claim or cause of action arising, direc tly or indirectly, from its decision to adopt or to refrain from adopting a local emergency energy plan ordinance. No muni cipality may be subject to any claim or cause of acti on arising, directly or indirectly, from any act or omission under the terms of or information provided in a local eme rgency energy plan filed under a local emergency energ y plan ordinance.(Source: P.A. 92-651, eff. 7-11-02; 93-293, eff. 7-22-03.) (65 ILCS 5/11-74.4-3) (fr

om Ch. 24, par. 11-74.4-3) (Text of Section before amendment by P.A. 104-457) Sec. 11-74.4-3. Definitions. The following terms, wherever used or referred to in this Division 74.4 shall have the following respective meanings, unless in any case a diffe rent meaning clearly appears from the context. (a) For any redevelopment project area that has been desi gnated pursuant to this Section by an ordinance adopt ed prior to November 1, 1999 (the effective date of Public A ct 91-478), "blighted area" shall have the meaning set forth in this Section prior to that date. On and after November 1, 1999, "blighted area" means any improved or vacant area within the boundaries of a redeve lopment project area located within the territorial limits of the municipality where:

(1) If improved, industrial, commercial, and reside ntial buildings or improvements are detrimental to the public safety, health, or welfare because of a combin ation of 5 or more of the following factors, each o f which is (i) present, with that presence documented, to a meaningful extent so that a municipality may reasonably f ind that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the improved part of the redevelopment project area: (A) Dilapidation. An advanced state of disrep air or neglect of necessary repairs to the primary structural components of buildings or improvements in suc h a combination that a documented building condition a nalysis determines that major repair is requir ed or the defects are so serious and so extensive t hat the buildings must be removed. (B) Obsolescence. The condition or process of falling into disuse. Structures have become ill-sui ted for the original use.

(C) Deterioration. With respect to buildings, defects including, but not limited to, major defects in t he secondary building components such as doors, windo ws, porches, gutters and downspouts, and fascia. Wit h respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes, depres sions, loose paving material, and weeds protruding through paved surfaces. (D) Presence of structures below minimum code standards. All structures that do not meet the standards of zoning, subdivision, building, fire, and oth er governmental codes applicable to property, but not including housing and property maintenance codes. (E) Illegal use of individual structures. The use of structures in violation of applicable federal, State, or local laws, exclusive of those applicable to th e presence of structures below minimum code standards. (F) E xcessive vacancies. The presence of buil dings that are unoccupied or under-utilized and that repr esent an adverse influence on the area because of the frequency, extent, or duration of the vacancies. (G) Lack of ventilation, light, or sanitary f acilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without windo ws, or that require the removal of dust, odor, gas, smoke, or other noxious airborne materials. Inadequa te natural light and ventilation means the absenc e of skylights or windows for interior spaces or ro oms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilitie s refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot w ater and kitchens, and structural inadequacies preve nting ingress and egress to and from all rooms and u nits within a building. (H) Inadequate utilities. Underground and ove rhead utilities such as storm sewers and storm drainage, sanita ry sewers, water lines, and gas, telephone, and ele ctrical services that are shown to be inadequate. Inad equate utilities are those that are: (i) of insuffici ent capacity to serve the uses in the redevelopm ent project area, (ii) deteriorated, antiquated , obsolete, or in disrepair, or (iii) lacking w ithin the redevelopment project area. (I) Excessive land coverage and overcrowding of structures and community facilities. The over-inten sive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as one exhibiting excessive land c overage are: (i) the presence of buildings either i mproperly situated on parcels or located on parce ls of inadequate size and shape in relation to prese nt-day standards of development for health and safety and (ii) the presence of multiple buildings on a s ingle parcel. For there to be a finding of excessive l and coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for l ight and air within or around buildings, increased t hreat of spread of fire due to the close proxi mity of buildings, lack of adequate or proper access to a public right-of-way, lack of reas onably required off-street parking, or inadequate provisio n for loading and service. (J) Deleterious land use or layout. The exist ence of incompatible land-use relationships, buildings o ccupied by inappropriate mixed-uses, or uses consi dered to be noxious, offensive, or unsuitable for th e surrounding area.

(K) Environmental clean-up. The propose d redevelopment project area has incurred Illinois Environm ental Protection Agency or United States Environm ental Protection Agency remediation costs for, or a study conducted by an independent consultant recogni zed as having expertise in environmental remediati on has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground sto rage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment o f the redevelopment project area. (L) Lack of community planning. The proposed redevelopment project area was developed prior to or with out the benefit or guidance of a community plan. This means that the development occurred prior to the ado ption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area's development. This factor must b e documented by evidence of adverse or incompatible land-use relationships, inadequate str eet layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards , or other evidence demonstrating an absence of effective community planning. (M) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years prior to the year in which t he redevelopment project area is designated or is increa sing at an annual rate that is less than the balanc e of the municipality for 3 of the last 5 calendar years for which information is available or is i ncreasing at an annual rate that is less than the Con sumer Price Index for All Urban Consumers published by the United States Department of Labor or successor age ncy for 3 of the last 5 calendar years prior to the ye ar in which the redevelopment project area is designate d. (2) If vac ant, the sound growth of the redevelopmen t project area is impaired by a combination of 2 or more of the following factors, each of which is (i) present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that the factor is clear ly present within the intent of the Act and (ii) rea sonably distributed throughout the vacant part of the redevelopment project area to which it pertains: (A) Obsolete platting of vacant land that res ults in parcels of limited or narrow size or configurations of parcels of irregular size or shape that would be diffi cult to develop on a planned basis and in a manner c ompatible with contemporary standards and requirements, or platting that failed to create rights-of-ways for streets or alleys or that created inadequate right-of-way widths for streets, a lleys, or other public rights-of-way or that omitted ea sements for public utilities.

(B) Diversity of ownership of parcels of vaca nt land sufficient in number to retard or impede the ability to assemble the land for development. (C) Tax and special assessment delinquencies exist or the property has been the subject of tax sales under t he Property Tax Code within the last 5 years. (D) Deterioration of structures or site impro vements in neighboring areas adjacent to the vacant land. (E) The area has incurred Illinois Environmen tal Protection Agency or United States Environmental Protecti on Agency remediation costs for, or a study condu cted by an independent consultant recognized as havi ng expertise in environmental remediation has determi ned a need for, the clean-up of hazardous wa ste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area.

(F) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years prior to the year in which t he redevelopment project area is designated or is increa sing at an annual rate that is less than the balanc e of the municipality for 3 of the last 5 calendar years for which information is available or is i ncreasing at an annual rate that is less than the Con sumer Price Index for All Urban Consumers published by the United States Department of Labor or successor age ncy for 3 of the last 5 calendar years prior to the ye ar in which the redevelopment project area is designate d. (3) If vac ant, the sound growth of the redevelopmen t project area is impaired by one of the following factors that (i) is present, with that presence documented, to a meaningful extent so that a municipality may reasonably f ind that the factor is clearly present within the intent of the Act and (ii) is reasonably distributed throughout the vacant part of the redevelopment project area to whic h it pertains: (A) The area consists of one or more unused q uarries, mines, or strip mine ponds. (B) The area consists of unused rail yards, r ail tracks, or railroad rights-of-way. (C) The area, prior to its designation, is su bject to (i) chronic flooding that adversely impacts on real pr operty in the area as certified by a registered profess ional engineer or appropriate regulatory agency or (ii) surface water that discharges from all or a part of the area and contributes to flooding within the s ame watershed, but only if the redevelopment project provides for facilities or improvements to contri bute to the alleviation of all or part of the flood ing. (D) Th e area consists of an unused or illegal disposal site containing earth, stone, building debris, o r similar materials that were removed from const ruction, demolition, excavation, or dredge sites. (E) Prior to November 1, 1999, the area is no t less than 50 nor more than 100 acres and 75% of which is vacan t (notwithstanding that the area has been used for c ommercial agricultural purposes within 5 years prior to the designation of the redevelopment project are a), and the area meets at least one of the factors ite mized in paragraph (1) of this subsection, the area ha s been designated as a town or village center by ordina nce or comprehensive plan adopted prior to January 1, 1982, and the area has not been developed for that designated purpose. (F) The area qualified as a blighted improved area immediately prior to becoming vacant, unless there has be en substantial private investment in the immediately su rrounding area. (b) For any redevelop ment project area that has been desi gnated pursuant to this Section by an ordinance adopt ed prior to November 1, 1999 (the effective date of Public A ct 91-478), "conservation area" shall have the meaning set forth in this Section prior to that date. On and after November 1, 1999, "conservation area" means any improved area within the boundaries of a redevelopmen t project area located within the territorial limits of the municipality in which 50% or more of the structures in th e area have an age of 35 years or more. Such an area is not yet a blighted area but because of a combination of 3 or more o f the following factors is detrimental to the public safety, he alth, morals or welfare and such an area may become a blighted area: (1) Dilapidation. An advanced state of disrepair or neglect of necessary repairs to the primary structural co mponents of buildings or improvements in such a combina tion that a documented building condition analysis determines that major repair is required or the defects a re so serious and so extensive that the buildings must b e removed. (2) Obsolesce nce. The condition or process of falli ng into disuse. Structures have become ill-suited for the original use. (3) Dete rioration. With respect to buildings, defec ts including, but not limited to, major defects in the secon dary building components such as doors, windows, por ches, gutters and downspouts, and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parki ng, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes , depressions, loose paving material, and weeds protruding through paved surfaces. (4) Presence of structures below minimum code stand ards. All structures that do not meet the standards of zoning, subdivision, building, fire, and other governm ental codes applicable to property, but not includ ing housing and property maintenance codes. (5) Illegal use of individual structures. The use o f structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards. (6) Excessive vacancies. The presence of buildings that are unoccupied or under-utilized and that repr esent an adverse influence on the area because of the frequency , extent, or duration of the vacancies. (7) Lack of ventilation, light, or sanitary facilit ies. The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke, or ot her noxious airborne materials. Inadequate natural ligh t and ventilation means the absence or inadequacy of skylig hts or windows for interior spaces or rooms and imp roper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, b athroom facilities, hot water and kitchens, and structur al inadequacies preventing ingress and egress to and from all rooms and units within a building. (8) Inadequate utilities. Underground and overhead utilities such as storm sewers and storm drainage, sanita ry sewers, water lines, and gas, telephone, and ele ctrical services that are shown to be inadequate. Inad equate utilities are those that are: (i) of insuffici ent capacity to serve the uses in the redevelopm ent project area, (ii) deteriorated, antiquated , obsolete, or in disrepair, or (iii) lacking within the re development project area.

(9) Excessive land coverage and overcrowding of str uctures and community facilities. The over-inten sive use of property and the crowding of buildings and accesso ry facilities onto a site. Examples of problem con ditions warranting the designation of an area as one e xhibiting excessive land coverage are: the presence of b uildings either improperly situated on parcels or locate d on parcels of inadequate size and shape in relation to pr esent-day standards of development for health and safety and the presence of multiple buildings on a single parcel . For there to be a finding of excessive land coverage, the se parcels must exhibit one or more of the following c onditions: insufficient provision for light and air with in or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of ade quate or proper access to a public right-of-way, lack of reasonably required off-street parking, or inade quate provision for loading and service. (10) Deleterious land use or layout. The existence of incompatible land-use relationships, buildings occu pied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding are a. (11) Lack of com munity planning. The proposed redev elopment project area was developed prior to or with out the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area's development. This factor must be documented by evi dence of adverse or incompatible land-use relati onships, inadequate street layout, improper subdivi sion, parcels of inadequate shape and size to meet contemporary development standards, or other evidence dem onstrating an absence of effective community planning.

(12) The area has incurred Illinois Environmental P rotection Agency or United States Environmental Protecti on Agency remediation costs for, or a study condu cted by an independent consultant recognized as havi ng expertise in environmental remediation has determi ned a need for, the clean-up of hazardous wa ste, hazardous substances, or underground storage tanks requir ed by State or federal law, provided that the remed iation costs constitute a material impediment to the development or redevelopment of the redevelopment project area. (13) The total e qualized assessed value of the prop osed redevelopment project area has declined for 3 of the last 5 calendar years for which information is availa ble or is increasing at an annual rate that is less than the balance of the municipality for 3 of the last 5 calendar years for which information is available or is i ncreasing at an annual rate that is less than the Consum er Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years for which information is available. (c) "Industrial park" means an area in a blighted or cons ervation area suitable for use by any manufacturing, industrial, research or transportation enterprise, of fac ilities to include but not be limited to factories, mi lls, processing plants, assembly plants, packing plants, fabri cating plants, industrial distribution centers, ware houses, repair overhaul or service facilities, freigh t terminals, research facilities, test facilities or railro ad facilities. (d) "Industrial park conser vation area" means an area wit hin the boundaries of a redevelopment project area loc ated within the territorial limits of a municipality that is a labor surplus municipality or within 1 1/2 miles of the t erritorial limits of a municipality that is a labor surp lus municipality if the area is annexed to the municipality; which area is zoned as industrial no later than at the time the municipality by ordinance designates the redevelopment pr oject area, and which area includes both vacant land suitable f or use as an industrial park and a blighted area or conserva tion area contiguous to such vacant land. (e ) "Labor surplus municipality" means a municipality in which, at any time during the 6 months before the municip ality by ordinance designates an industrial park conservation a rea, the unemployment rate was over 6% and was also 100% or mo re of the national average unemployment rate for that same time as published in the United States Department of Labor Bureau of Labor Statistics publication entitled "The Employment Sit uation" or its successor publication. For the purpose of this subsection, if unemployment rate statistics for the municipality are not available, the unemployment rate in the municipality shall be deemed to be the same as the unempl oyment rate in the principal county in which the mu nicipality is located. (f) "Municipal ity" shall mean a city, village, incorporat ed town, or a township that is located in the u nincorporated portion of a county with 3 million or more inhabitants, if the county adopted an ordinance that appr oved the township's redevelopment plan. (g) "Initial Sales Tax Amounts" means the amount of taxes paid under the Retailers' Occupation Tax Act, Use Tax Act , Service Use Tax Act, the Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act, and the Municipa l Service Occupation Tax Act by retailers and servicemen on transactions at places located in a State Sales Tax Bound ary during the calendar year 1985. (g-1) "Revised Initial Sales Tax Amounts" means the amount of taxes paid under the Retailers' Occupation Tax Act, Us e Tax Act, Service Use Tax Act, the Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act, and the Municipa l Service Occupation Tax Act by retailers and servicemen on transactions at places located within the State Sales Tax Boundary revised pursuant to Section 11-74.4- 8a(9) of this Act. (h) "Municipal Sales Tax Increment " means an amount equal to the increase in the aggregate amount of taxes paid to a municipality from the Local Government Tax Fund arising f rom sales by retailers and servicemen within the redevelopmen t project area or State Sales Tax Boundary, as the case may be, for as long as the redevelopment project area or State Sa les Tax Boundary, as the case may be, exist over and above th e aggregate amount of taxes as certified by the Illinois De partment of Revenue and paid under the Municipal Retail ers' Occupation Tax Act and the Municipal Service Occupation T ax Act by retailers and servicemen, on transactions at place s of business located in the redevelopment project area or Sta te Sales Tax Boundary, as the case may be, during the base y ear which shall be the calendar year immediately prior to the year in which the municipality adopted tax increment allocatio n financing. For purposes of computing the aggregate amount of such taxes for base years occurring prior to 1985, the De partment of Revenue shall determine the Initial Sales T ax Amounts for such taxes and deduct therefrom an amount equ al to 4% of the aggregate amount of taxes per year for each yea r the base year is prior to 1985, but not to exceed a total ded uction of 12%. The amount so determined shall be known as the "A djusted Initial Sales Tax Amounts". For purposes of det ermining the Municipal Sales Tax Increment, the Depart ment of Revenue shall for each period subtract from the amount paid to the municipality from the Local Government Tax Fund ar ising from sales by retailers and servicemen on transactions lo cated in the redevelopment project area or the State Sales Tax Boundary, as the case may be, the certified Initial Sales Tax Amounts, the Adjusted Initial Sales Tax Amounts or the Re vised Initial Sales Tax Amounts for the Municipal Retailers' Oc cupation Tax Act and the Municipal Service Occupation T ax Act. For the State Fiscal Year 1989, this calculation sha ll be made by utilizing the calendar year 1987 to determine the tax amounts received. For the State Fiscal Year 1990, this ca lculation shall be made by utilizing the period from Ja nuary 1, 1988, until September 30, 1988, to determine the tax a mounts received from retailers and servicemen pursuant t o the Municipal Retailers' Occupation Tax and the Municipal Ser vice Occupation Tax Act, which shall have deducted therefrom n ine-twelfths of the certified Initial Sales Tax Am ounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate. For the State Fiscal Ye ar 1991, this calculation shall be made by utilizing the per iod from October 1, 1988, to June 30, 1989, to determine the tax amounts received from retailers and servicemen pursuant t o the Municipal Retailers' Occupation Tax and the Municipal Ser vice Occupation Tax Act which shall have deducted therefrom ni ne-twelfths of the certified Initial Sales Tax Am ounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate. For every State Fiscal Year thereafter, the applicable period shall be the 12 months beginning July 1 and ending June 30 to determine the tax amounts received which shall have deducted therefrom the certified Initial Sales Tax Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amount s, as the case may be. (i) "Net State Sales T ax Increment" means the sum of the following: (a) 80% of the first $100,000 of State Sales T ax Increment annually generated within a State Sales Tax Bou ndary; (b) 60% of the amount in excess of $100,000 but not exceeding $500,000 of State Sales Tax Increment annually generated within a State Sales Tax Boundary; and (c) 40% of all amounts in excess of $500,000 of State Sales Tax Incremen t annually generated within a State Sales Tax Boundary. If, however, a municipality established a tax increment finan cing district in a county with a population in excess of 3,000 ,000 before January 1, 1986, and the municipality entered into a contract or issued bonds after January 1, 1986, but befor e December 31, 1986, to finance redevelopment project costs within a State Sales Tax Boundary, then the Net State Sal es Tax Increment means, for the fiscal years beginning July 1, 1 990, and July 1, 1991, 100% of the State Sales Tax Increment a nnually generated within a State Sales Tax Boundary; and notwithstanding any other provision of this Act, for thos e fiscal years the Department of Revenue shall distribute t o those municipalities 100% of their Net State Sales Tax In crement before any distribution to any other municipali ty and regardless of whether or not those other municipaliti es will receive 100% of their Net State Sales Tax Increment. For Fiscal Year 1999, and every year thereafter until the yea r 2007, for any municipality that has not entered into a co ntract or has not issued bonds prior to June 1, 1988 to finance redevelopment project costs within a State Sales Tax Boundary, the Net State Sales Tax Increment shall be calc ulated as follows: By multiplying the Net State Sales Tax Increment by 90% in the State Fiscal Year 1999; 80% in th e State Fiscal Year 2000; 70% in the State Fiscal Year 2001 ; 60% in the State Fiscal Year 2002; 50% in the State Fiscal Ye ar 2003; 40% in the State Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No payment shall be made for State Fiscal Year 2008 and thereafter. Munici palities that issued bonds in connection with a red evelopment project in a redevelopment project area wit hin the State Sales Tax Boundary prior to July 29, 1991, or t hat entered into contracts in connection with a redevelopment project in a redevelopment project area before June 1, 19 88, shall continue to receive their proportional share of the Illinois Tax Increment Fund distribution until the date o n which the redevelopment project is completed or terminate d. If, however, a municipality that issued bonds in connecti on with a redevelopment project in a redevelopment project a rea within the State Sales Tax Boundary prior to July 29, 199 1 retires the bonds prior to June 30, 2007 or a municipalit y that entered into contracts in connection with a redevelopment project in a redevelopment project area before June 1, 19 88 completes the contracts prior to June 30, 2007, then so l ong as the redevelopment project is not completed or is not term inated, the Net State Sales Tax Increment shall be ca lculated, beginning on the date on which the bonds are retired or the contracts are completed, as follows: By mu ltiplying the Net State Sales Tax Increment by 60% in t he State Fiscal Year 2002; 50% in the State Fiscal Year 2003 ; 40% in the State Fiscal Year 2004; 30% in the State Fiscal Ye ar 2005; 20% in the State Fiscal Year 2006; and 10% in the S tate Fiscal Year 2007. No payment shall be made for State Fisc al Year 2008 and thereafter. Refunding of any bonds issued p rior to July 29, 1991, shall not alter the Net State Sales Tax Increment. (j) "State Utility Tax Incre ment Amount" means an amount equal to the aggregate increase in State electric and gas tax charges imposed on owners and tenants, other than residen tial customers, of properties located within the redevelopment project area under Section 9-222 of the Public Util ities Act, over and above the aggregate of such charges as certified by the Department of Revenue and paid by owners and tenants, other than residential customers, of properties within th e redevelopment project area during the base year, which sh all be the calendar year immediately prior to the year of the adoption of the ordinance authorizing tax increment alloc ation financing. (k) "Net State Utility Tax I ncrement" means the sum of th e following: (a) 80% of the first $100,000 of State Utility Tax Increment annually generated by a redevelopment project a rea; (b) 60% of the amount in excess of $100,000 but not excee ding $500,000 of the State Utility Tax Increment annually gene rated by a redevelopment project area; and (c) 40% of all amoun ts in excess of $500,000 of State Utility Tax Increment annuall y generated by a redevelopment project area. For the State Fiscal Year 1999, and every year thereafter until the yea r 2007, for any municipality that has not entered into a co ntract or has not issued bonds prior to June 1, 1988 to finance redevelopment project costs within a redevelopmen t project area, the Net State Utility Tax Increment shall b e calculated as follows: By multiplying the Net State Utili ty Tax Increment by 90% in the State Fiscal Year 1999; 80% i n the State Fiscal Year 2000; 70% in the State Fiscal Year 2001 ; 60% in the State Fiscal Year 2002; 50% in the State Fiscal Ye ar 2003; 40% in the State Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No payment shall be made for the State Fiscal Year 2008 and thereafter.

Municipalities that issue bonds in connection with the re development project during the period from June 1, 1988 until 3 years after the effective date of this Amendatory Act of 1988 shall receive the Net State Utility Tax Increment , subject to appropriation, for 15 State Fiscal Years after the issuance of such bonds. For the 16th through the 20th Sta te Fiscal Years after issuance of the bonds, the Net State U tility Tax Increment shall be calculated as follows: By multiplying the Net State Utility Tax Increment by 90% in year 16; 80% in year 17; 70% in year 18; 60% in year 19; and 5 0% in year 20. Refunding of any bonds issued prior to June 1, 1 988, shall not alter the revised Net State Utility Tax Increme nt payments set forth above. (l) "Obligati ons" mean bonds, loans, debentures, notes, s pecial certificates or other evidence of indebtedness is sued by the municipality to carry out a redevelopment project or to refund outstanding obligations. (m) "Pa yment in lieu of taxes" means those estimated tax revenues from real property in a redevelopment project ar ea derived from real property that has been acquired by a mu nicipality which according to the redevelopment project or plan is to be used for a private use which taxing distric ts would have received had a municipality not acquired the r eal property and adopted tax increment allocation financing a nd which would result from levies made after the time of the adoption of tax increment allocation financing to the tim e the current equalized value of real property in the redevelop ment project area exceeds the total initial equalized value of real property in said area. (n) "Redevelopme nt plan" means the comprehensive program of the municipality for development or redevelopment inte nded by the payment of redevelopment project costs to reduce o r eliminate those conditions the existence of which qualifi ed the redevelopment project area as a "blighted area" or "c onservation area" or combination thereof or "industrial park conservation area," and thereby to enhance the tax bases of the taxing districts which extend into the redevelopment project area, provided that, with respect to redevelopmen t project areas described in subsections (p-1) and (p -2), "redevelopment plan" means the comprehensive program of t he affected municipality for the development of qualifying t ransit facilities. On and after November 1, 1999 (the ef fective date of Public Act 91-478), no redevelopm ent plan may be approved or amended that includes the development of vacant land (i) with a golf course and related clubhouse and other facilities or (ii) designated by federal, State, co unty, or municipal government as public land for outdoor recrea tional activities or for nature preserves and used for that purpose within 5 years prior to the adoption of the redevelopment plan. For the purpose of this subsection, " recreational activities" is limited to mean camping and hunting. Each redevelopment plan shall set forth in writi ng the program to be undertaken to accomplish the objectives and shall include but not be limited to: (A) an itemized list of estimated redevelopment pro ject costs; (B) evi dence indicating that the redevelopment proj ect area on the whole has not been subject to growth and deve lopment through investment by private enterprise, pro vided that such evidence shall not be required for any redevelopment project area located within a transit facil ity improvement area established pursuant to Section 11-74.4-3.3; (C) an assessment of any financial impact of the re development project area on or any increased demand for services from any taxing district affected by the plan an d any program to address such financial impact or increased demand; (D) the source s of funds to pay costs; (E) the nature and term of the obligations to be is sued; (F) the most r ecent equalized assessed valuation of the redevelopment project area; (G) an estimate as to the equalized assessed valuat ion after redevelopment and the general land uses to apply in the redevelopment project area; (H) a commitment to fair employment practices and a n affirmative action plan; (I) if it concerns an industrial park conservation area, the plan shall also include a general description o f any proposed developer, user and tenant of any property, a description of the type, structure and general character of the facilities to be developed, a description of the t ype, class and number of new employees to be employed in the operation of the facilities to be developed; and (J) if property is to be annexed to the municipalit y, the plan shall include the terms of the annexation agreem ent. The provisions of items (B) and (C) of this subsection (n ) shall not apply to a municipality that before March 14, 1 994 (the effective date of Public Act 88-537) had fixed , either by its corporate authorities or by a commission designated u nder subsection (k) of Section 11-74.4-4, a time a nd place for a public hearing as required by subsection (a) of Section 1 1-74.4-5. No redevelopment plan shall be ado pted unless a municipality complies with all of the following requireme nts: (1) The municipality finds that the redevelopment p roject area on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed w ithout the adoption of the redevelopment plan, provided, however, that such a finding shall not be required with r espect to any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3. (2) The municipality finds that the redevelopment p lan and project conform to the comprehensive plan for the dev elopment of the municipality as a whole, or, for munic ipalities with a population of 100,000 or more, rega rdless of when the redevelopment plan and project was adopted, the redevelopment plan and project either: (i) c onforms to the strategic economic development or redevel opment plan issued by the designated planning auth ority of the municipality, or (ii) includes land uses that have been approved by the planning commission of the municipality. (3) The redevelopment plan establishes the estimate d dates of completion of the redevelopment project and reti rement of obligations issued to finance redevelopment project costs. Those dates may not be later than the date s set forth under Section 11-74.4-3.5. A municipality may by municipal ordinance amend an existing redevelopment plan to conform to this paragraph (3) as amended by Public Act 91-478, which municipa l ordinance may be adopted without further hearing or notic e and without complying with the procedures provided in thi s Act pertaining to an amendment to or the initial approval of a redevelopment plan and project and designation of a redevelopment project area.

(3.5) The municipality finds, in the case of an ind ustrial park conservation area, also that the municipa lity is a labor surplus municipality and that the implementation of the redevelopment plan will reduce unem ployment, create new jobs and by the provision of new facilities enhance the tax base of the taxing districts t hat extend into the redevelopment project area. (4) If any incremental revenues are being utilized under Section 8(a)(1) or 8(a)(2) of this Act in redevelop ment project areas approved by ordinance after J anuary 1, 1986, the municipality finds: (a) that the red evelopment project area would not reasonably be develo ped without the use of such incremental revenues, a nd (b) that such incremental revenues will be exclusivel y utilized for the development of the redevelopment project area. (5) If: (a) the redevelopment plan will not result in displacement of residents from 10 or more inhabited resid ential units, and the municipality certifies in the plan that such displacement will not result from the plan ; or (b) the redevelopment plan is for a redevelopment proj ect area or a qualifying transit facility located wit hin a transit facility improvement area established pu rsuant to Section 11-74.4-3.3, and the appl icable project is subject to the process for evaluation of envir onmental effects under the National Environmental Po licy Act of 1969, 42 U.S.C. 4321 et seq., then a housin g impact study need not be performed. If, however, the rede velopment plan would result in the displacement of re sidents from 10 or more inhabited residential units, or if the redevelopment project area contains 75 or more inh abited residential units and no certification is made, then the municipality shall prepare, as part of the separ ate feasibility report required by subsection (a) of Section 11-74.4-5, a housing impact study. Part I of the housing impact study shall include (i ) data as to whether the residential units are single famil y or multi-family units, (ii) the number and type of rooms within the units, if that information is available, (iii) whether the units are inhabited or uninhabited, as determ ined not less than 45 days before the date that the ordinance or resolution required by subsection (a) of Sec tion 11-74.4-5 is passed, and (iv) data as to the racial and ethnic composition of the residents in the inh abited residential units. The data requirement as to t he racial and ethnic composition of the residents in the inhabited residential units shall be deemed to be fully s atisfied by data from the most recent federal census. Part II of the housing impact study shall identify the inhabited residential units in the proposed redevelopment project area that are to be or may be removed. If inhabit ed residential units are to be removed, then the housing imp act study shall identify (i) the number and location o f those units that will or may be removed, (ii) the municip ality's plans for relocation assistance for those residents in the proposed redevelopment project area whos e residences are to be removed, (iii) the availability of r eplacement housing for those residents whose residences are to be removed, and shall identify the type, location, and cost of the housing, and (iv) the type and extent of relocation assistance to be provided. (6) On and after November 1, 1999, the housing impa ct study required by paragraph (5) shall be incorporated in the redevelopment plan for the redevelopment project area . (7) On and after November 1, 1999, no redevelopment plan shall be adopted, nor an existing plan amended, nor shall residential housing that is occupied by households of low-income and very low-income persons in currently existing redevelopment project areas be removed after Nov ember 1, 1999 unless the redevelopment plan provides, with respect to inhabited housing units that are to be re moved for households of low-income and very low-income persons, affordable housing and relocation assistance not less than that which would be provided under the federal Uniform Relocation Assistance and Real Property Acquisiti on Policies Act of 1970 and the regulations unde r that Act, including the eligibility criteria. Affordable housing may be either existing or newly constructed housi ng. For purposes of this paragraph (7), "low-i ncome households", "very low-income households", and "aff ordable housing" have the meanings set forth in the Illinois Affo rdable Housing Act. The municipality shall make a goo d faith effort to ensure that this affordable housing is lo cated in or near the redevelopment project area within the municipality. (8) On and after November 1, 1999, if, after the ad option of the redevelopment plan for the redevelopment project area, any municipality desires to amend its redev elopment plan to remove more inhabited residential u nits than specified in its original redevelopment plan, that change shall be made in accordance with the procedur es in subsection (c) of Section 11-74.4-5. (9) For redevelopment project areas designated prio r to November 1, 1999, the redevelopment plan may be amende d without further joint review board meeting or hearing, pr ovided that the municipality shall give notice of any s uch changes by mail to each affected taxing district and registrant on the interested party registry, to authorize the municipality to expend tax increment revenues for red evelopment project costs defined by paragraphs (5) and (7.5), subparagraphs (E) and (F) of paragraph (11), and p aragraph (11.5) of subsection (q) of Section 11-74 .4-3, so long as the changes do not increase the total estimate d redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted. (o) "Red evelopment project" means any public and private development project in furtherance of the objectives of a redevelopment plan. On and after November 1, 1999 (the ef fective date of Public Act 91-478), no redevelopm ent plan may be approved or amended that includes the development of vacant land (i) with a golf course and related clubhouse and other facilities or (ii) designated by federal, State, co unty, or municipal government as public land for outdoor recrea tional activities or for nature preserves and used for that purpose within 5 years prior to the adoption of the redevelopment plan. For the purpose of this subsection, " recreational activities" is limited to mean camping and hunting. (p) "Redevelopment project are a" means an area designated by the municipality, which is not less in the aggregate t han 1 1/2 acres and in respect to which the municipality has ma de a finding that there exist conditions which cause the area to be classified as an industrial park conservation area or a b lighted area or a conservation area, or a combination of both blighted areas and conservation areas.

(p-1) Notwithstanding any provision of this Act to the contrary, on and after August 25, 2009 (the effective dat e of Public Act 96-680), a redevelopment project area ma y include areas within a one-half mile radius of an existing or proposed Regional Transportation Authority Suburban Transit Access Route (STAR Line) station without a finding that the area is classified as an industrial park conservation area, a bli ghted area, a conservation area, or a combination thereof, but only if the municipality receives unanimous consent from the j oint review board created to review the proposed redevelopment project area. (p-2) Notwithstand ing any provision of this Act to the contrary, on and after the effective date of this amendat ory Act of the 99th General Assembly, a redevelopment project area may include areas within a transit facility improvement a rea that has been established pursuant to Section 11-74 .4-3.3 without a finding that the area is classified as an indus trial park conservation area, a blighted area, a conservation a rea, or any combination thereof. (q) "Redev elopment project costs", except for redevelopme nt project areas created pursuant to subsectio n (p-1) or (p-2), means and includes the sum to tal of all reasonable or necessary costs incurred or estimated to be incurred, and any such costs incidental to a redevelopmen t plan and a redevelopment project. Such costs include, wit hout limitation, the following: (1) Costs of studies, surveys, development of plans , and specifications, implementation and administration of the redevelopment plan including but not limited to staff and professional service costs for architectural, enginee ring, legal, financial, planning or other services , provided however that no charges for professional service s may be based on a percentage of the tax increment collect ed; except that on and after November 1, 1999 (the effective date of Public Act 91-478), no contracts for professional services, excluding architectural and engine ering services, may be entered into if the terms of the contract extend beyond a period of 3 years. In additi on, "redevelopment project costs" shall not include lobbying expenses. After consultation with the municipali ty, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or adviso r has entered into with entities or individuals that have r eceived, or are receiving, payments financed by tax incr ement revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the municip ality. This requirement shall be satisfied by the consultant or advisor before the commencement of services for the municipality and thereafter whenever any other co ntracts with those individuals or entities are executed by the consultant or advisor; (1.5) After July 1, 1999, annual administrative cos ts shall not include general overhead or administrative cost s of the municipality that would still have been incurred b y the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment pl an; (1.6) The cost o f marketing sites within the redeve lopment project area to prospective businesses, dev elopers, and investors; (2) Property assembly costs, including but not limi ted to acquisition of land and other property, real or person al, or rights or interests therein, demolition of b uildings, site preparation, site improvements that serve as an engineered barrier addressing ground level or below ground environmental contamination, including, but not li mited to parking lots and other concrete or asphalt bar riers, and the clearing and grading of land; (3) Costs of rehabilitation, reconstruction or repa ir or remodeling of existing public or private buildings, fi xtures, and leasehold improvements; and the cost of rep lacing an existing public building if pursuant to the implementation of a redevelopment project the existing pu blic building is to be demolished to use the site for p rivate investment or devoted to a different use requirin g private investment; including any direct or indirect cost s relating to Green Globes or LEED certified construction e lements or construction elements with an equivalent cert ification; (4) Cos ts of the construction of public works or im provements, including any direct or indirect costs rela ting to Green Globes or LEED certified construction e lements or construction elements with an equivalent cert ification, except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference fac ilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public bu ilding as provided under paragraph (3) of subsection (q ) of Section 11-74.4-3 unless either (i) the co nstruction of the new municipal building implements a redevelopment pro ject that was included in a redevelopment plan that wa s adopted by the municipality prior to November 1, 1999, (i i) the municipality makes a reasonable determination in the redevelopment plan, supported by information that pro vides the basis for that determination, that the new m unicipal building is required to meet an increase in the need for public safety purposes anticipated to result fro m the implementation of the redevelopment plan, or (iii) th e new municipal public building is for the storage, mainten ance, or repair of transit vehicles and is located in a transit facility improvement area that has been esta blished pursuant to Section 11-74.4-3.3; (5) Costs of job training and retraining projects, including the cost of "welfare to work" programs implemen ted by businesses located within the redevelopmen t project area; (6) Fina ncing costs, including but not limited to a ll necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued hereunder including interest ac cruing during the estimated period of construction of a ny redevelopment project for which such obligations are issued and for not exceeding 36 months thereafter and inc luding reasonable reserves related thereto; (7) To the extent the municipality by written agree ment accepts and approves the same, all or a portion of a taxing district's capital costs resulting from the r edevelopment project necessarily incurred or to be incur red within a taxing district in furtherance of the o bjectives of the redevelopment plan and project; (7.5) For redevelopment project areas designated (o r redevelopment project areas amended to add or increase th e number of tax-increment-financing assisted ho using units) on or after November 1, 1999, an elementary, secondary, o r unit school district's increased costs attributable to as sisted housing units located within the redevelopment p roject area for which the developer or redeveloper recei ves financial assistance through an agreement with t he municipality or because the municipality incurs the c ost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for th e completion of that housing as authorized by this Act, and which costs shall be paid by the municipality from the Sp ecial Tax Allocation Fund when the tax increment revenu e is received as a result of the assisted housing units and shall be calculated annually as follows: (A) for foundation districts, excluding any s chool district in a municipality with a population in excess of 1,000,000, by multiplying the district's increase in a ttendance resulting from the net increase in new stud ents enrolled in that school district who reside in h ousing units within the redevelopment project area th at have received financial assistance through an agreem ent with the municipality or because the municipali ty incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that ho using as authorized by this Act since the designation o f the redevelopment project area by the most recently available per capita tuition cost as define d in Section 10-20.12a of the School Code les s any increase in general State aid as defined in Section 1 8-8.05 of the School Code or evidence-based funding as defined in Section 18-8.15 of the School Code attributable to these added new students subject to the following annual limitations: (i) for unit school districts with a di strict average 1995-96 Per Capita Tuition Charge of less t han $5,900, no more than 25% of the total amount of prop erty tax increment revenue produced by those housi ng units that have received tax increment fina nce assistance under this Act; (ii) for elementary school districts wi th a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 17% of the total amount of property tax increment revenue produced by thos e housing units that have received tax increment f inance assistance under this Act; and (iii) for secondary school districts wi th a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 8% of the total amount of property tax increment revenue produced by thos e housing units that have received tax increment f inance assistance under this Act. (B) For alternate method districts, flat gran t districts, and foundation districts with a district avera ge 1995-96 Per Capita Tuition Charge equal to or more than $5,900, excluding any school district with a po pulation in excess of 1,000,000, by multiplying the dis trict's increase in attendance resulting from the net increase in new students enrolled in that school dist rict who reside in housing units within the redevelop ment project area that have received financial a ssistance through an agreement with the munici pality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the com pletion of that housing as authorized by this Act sinc e the designation of the redevelopment project area b y the most recently available per capita tuition co st as defined in Section 10-20.12a of the School Code less any increase in general state aid as defined in Section 18-8.05 of the School Code or evidence-based funding as defined in Section 18-8.15 of the School Code attributable to these added new studen ts subject to the following annual limitations: (i) for unit school districts, no more than 40% of the total amount of property tax increment revenue produced by those housing units that have receive d tax increment finance assistance under this Act;

(ii) for elementary school districts, n o more than 27% of the total amount of property tax increment re venue produced by those housing units that ha ve received tax increment finance assistance under this Act; and (iii) for secondary school districts, n o more than 13% of the total amount of property tax increment re venue produced by those housing units that ha ve received tax increment finance assistance under this Act. (C) For any school district in a municipality with a population in excess of 1,000,000, the following restri ctions shall apply to the reimbursement of increase d costs under this paragraph (7.5): (i) no increased costs shall be reimbur sed unless the school district certifies that each of the sch ools affected by the assisted housing project is a t or over its student capacity; (ii) the amount reimbursable shall be r educed by the value of any land donated to the school district b y the municipality or developer, and by the val ue of any physical improvements made to the school s by the municipality or developer; and (iii) the amount reimbursed may not aff ect amounts otherwise obligated by the terms of any bonds, no tes, or other funding instruments, or the terms of any redevelopment agreement. Any school district seeking payment under this para graph (7.5) shall, after July 1 and before September 30 of each year, provide the municipality with reasonable evidence to support its claim for reimbur sement before the municipality shall be required t o approve or make the payment to the school dis trict. If the school district fails to provide the inf ormation during this period in any year, it shall forf eit any claim to reimbursement for that year. School districts may adopt a resolution waiving the right to all or a portion of the reimbursement otherwise required by this paragraph (7.5). By acceptance of this reimbursement the school district waiv es the right to directly or indirectly set aside, mod ify, or contest in any manner the establishment of the redevelopment project area or projects; (7.7) For redevelopment project areas designated (o r redevelopment project areas amended to add or increase th e number of tax-increment-financing assisted ho using units) on or after January 1, 2005 (the effective date of Public Act 93-961), a public library district's increased costs attributable to assisted housing units located within the redevelopment project area for which the developer or red eveloper receives financial assistance through an agre ement with the municipality or because the municipali ty incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housin g sites necessary for the completion of that housing as aut horized by this Act shall be paid to the library distr ict by the municipality from the Special Tax Allocat ion Fund when the tax increment revenue is receive d as a result of the assisted housing units. This paragraph (7.7) applies only if (i) the library district is located in a county that is subject to the Property Tax Extension Limitation Law or (ii) the library district is not locate d in a county that is subject to the Property Tax Extension Limitation Law but the district is prohibited by any othe r law from increasing its tax levy rate without a prior vot er referendum. The amount paid to a library district under this pa ragraph (7.7) shall be calculated by multiplying (i) th e net increase in the number of persons eligible to obtain a library card in that district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the munici pality or because the municipality incurs the cost of necessary infrastructure improvements within the bound aries of the housing sites necessary for the complet ion of that housing as authorized by this Act sinc e the designation of the redevelopment project area by (ii) the per-patron cost of providing library services s o long as it does not exceed $120. The per-patron cost sha ll be the Total Operating Expenditures Per Capita for the libra ry in the previous fiscal year. The municipality may deduct from the amount that it must pay to a library dist rict under this paragraph any amount that it has volu ntarily paid to the library district from the tax inc rement revenue. The amount paid to a library district under this paragraph (7.7) shall be no more than 2% of th e amount produced by the assisted housing units and deposit ed into the Special Tax Allocation Fund. A library district is not eligible for any payment under this paragraph (7.7) unless the library district ha s experienced an increase in the number of patrons from the municipality that created the tax-increment-f inancing district since the designation of the redevelopment proje ct area. Any libr ary district seeking payment under this par agraph (7.7) shall, after July 1 and before September 30 of each year, provide the municipality with convincing evidence to support its claim for reimbursement before th e municipality shall be required to approve or make the pay ment to the library district. If the library district fails to provide the information during this period in an y year, it shall forfeit any claim to reimbursement for tha t year. Library districts may adopt a resolution waiving th e right to all or a portion of the reimbursement otherwise required by this paragraph (7.7). By acceptance of such r eimbursement, the library district shall forfeit any rig ht to directly or indirectly set aside, modify, or con test in any manner whatsoever the establishment of the redevelopment project area or projects; (8) Relocation costs to the extent that a municipal ity determines that relocation costs shall be paid or is requ ired to make payment of relocation costs by federal o r State law or in order to satisfy subparagraph (7) of subs ection (n); (9) Pa yment in lieu of taxes; (10) Costs of job training, retraining, advanced vo cational education or career education, including but n ot limited to courses in occupational, semi-techni cal or technical fields leading directly to employment, incurred by one or more taxing districts, provided that such costs (i) are related to the establishment and maintenance of a dditional job training, advanced vocational education or career education programs for persons employed or to be e mployed by employers located in a redevelopment project area; and (ii) when incurred by a taxing district or taxi ng districts other than the municipality, are set for th in a written agreement by or among the municipality and the taxing district or taxing districts, which agreem ent describes the program to be undertaken, includi ng but not limited to the number of employees to b e trained, a description of the training and services to be provided, the number and type of positions available or t o be available, itemized costs of the program and sources o f funds to pay for the same, and the term of the agreement. Such costs include, specifically, the payment by communit y college districts of costs pursuant to Sections 3-3 7, 3-38, 3-40 and 3-40.1 of the Public Com munity College Act and by school districts of costs pursuant to Sections 10-22.20a and 10-23.3a of the School Code; (11) Interest cost incurred by a redeveloper relate d to the construction, renovation or rehabilitation of a re development project provided that: (A) such costs are to be paid directly from t he special tax allocation fund established pursuant to this Act; (B) su ch payments in any one year may not exc eed 30% of the annual interest costs incurred by the redevelo per with regard to the redevelopment project duri ng that year; (C) if there are not sufficient funds availab le in the special tax allocation fund to make the payment pursu ant to this paragraph (11) then the amounts so due s hall accrue and be payable when sufficient funds are available in the special tax allocation fund; (D) the total of such interest payments paid pursuant to this Act may not exceed 30% of the total (i) cost paid or incurred by the redeveloper for the rede velopment project plus (ii) redevelopment project cos ts excluding any property assembly costs and any reloc ation costs incurred by a municipality pursuant to t his Act; (E) the cost limits set forth in subparagraph s (B) and (D) of paragraph (11) shall be modified for the finan cing of rehabilitated or new housing units for low-income households and very low-income hou seholds, as defined in Section 3 of the Illinois Affordable Housin g Act. The percentage of 75% shall be substituted f or 30% in subparagraphs (B) and (D) of parag raph (11); and (F) instead of the eligible costs provided by subparagraphs (B) and (D) of paragraph (11), as modified by this subparagraph, and notwithstanding any ot her provisions of this Act to the contrary, the municip ality may pay from tax increment revenues up to 50 % of the cost of construction of new housing units to b e occupied by low-income households and very low-income households as defined in Section 3 of th e Illinois Affordable Housing Act. The cost of construction of those units may be derived from the proce eds of bonds issued by the municipality under this A ct or other constitutional or statutory authority o r from other sources of municipal revenue that may be reimbursed from tax increment revenues or the proceeds of bonds issued to finance the construction of that housing. The eligible costs provided under this subpar agraph (F) of paragraph (11) shall be an eligible c ost for the construction, renovation, and rehab ilitation of all low and very low-income housi ng units, as defined in Section 3 of the Illinois Affordable Housing Act, within the redevelopment project area. If the low and very low-income units are part of a residential redevelopment project that includes units not affordable to low and very low-i ncome households, only the low and very low-income units shall be eligible for benefits und er this subparagraph (F) of paragraph (11). The standards fo r maintaining the occupancy by low-income househo lds and very low-income households, as defined in Secti on 3 of the Illinois Affordable Housing Act, of those units constructed with eligible costs made available unde r the provisions of this subparagraph (F) of paragrap h (11) shall be established by guidelines adopted by the municipality. The responsibility for annua lly documenting the initial occupancy of the units b y low-income households and very low-i ncome households, as defined in Section 3 of the Illinois Affor dable Housing Act, shall be that of the then current owner of the property. For ownership units, the g uidelines will provide, at a minimum, for a reasonab le recapture of funds, or other appropriate metho ds designed to preserve the original affordability o f the ownership units. For rental units, t he guidelines will provide, at a minimum, for the affordability of rent to low and very low-incom e households. As units become available, they shall be rent ed to income-eligible tenants. The municipality may modify these guidelines from time to time; the guidel ines, however, shall be in effect for as long as ta x increment revenue is being used to pay for costs asso ciated with the units or for the retirement of bonds issued to finance the units or for the life of the redevelopment project area, whichever is later; (11.5) If the redevelopment project area is located within a municipality with a population of more than 100, 000, the cost of day care services for children of em ployees from low-income families working for busi nesses located within the redevelopment project area and all or a portion of the cost of operation of day care centers esta blished by redevelopment project area businesses to s erve employees from low-income families working in businesses located in the redevelopment project area. For the purposes of this paragraph, "low-income familie s" means families whose annual income does not exceed 80% of the municipal, county, or regional median income, adjuste d for family size, as the annual income and municipal, coun ty, or regional median income are determined from tim e to time by the United States Department of Housing and Ur ban Development. (12 ) Costs relating to the development of urban agr icultural areas under Division 15.2 of the Illinois Mu nicipal Code. Unless expl icitly stated herein the cost of construction of new privately-owned buildings shall not be an el igible redevelopment project cost.

After November 1, 1999 (the effective date of Public Act 91-478), none of the redevelopment project costs en umerated in this subsection shall be eligible redevelopment project c osts if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while terminating operations at another Illi nois location within 10 miles of the redevelopment project are a but outside the boundaries of the redevelopment project area municipality. For purposes of this paragraph, termination means a closing of a retail operation that is directly re lated to the opening of the same operation or like retail entit y owned or operated by more than 50% of the original owners hip in a redevelopment project area, but it does not mean closin g an operation for reasons beyond the control of the retail en tity, as documented by the retail entity, subject to a reasonab le finding by the municipality that the current location con tained inadequate space, had become economically obsol ete, or was no longer a viable location for the retailer or se rviceman. No cost shall be a redevelopment project cost in a redeve lopment project area if used to demolish, remove, o r substantially modify a historic resource, after August 26 , 2008 (the effective date of Public Act 95-934), unl ess no prudent and feasible alternative exists. "Historic resour ce" for the purpose of this paragraph means (i) a place or st ructure that is included or eligible for inclusion on t he National Register of Historic Places or (ii) a contributi ng structure in a district on the National Register of Histo ric Places. This paragraph does not apply to a place or struc ture for which demolition, removal, or modification is subject to review by the preservation agency of a Certified Local Go vernment designated as such by the National Park Servic e of the United States Department of the Interior. If a special service area has been established pursuant t o the Special Service Area Tax Act or Special Service Area Tax Law, then any tax increment revenues derived from the tax imposed pursuant to the Special Service Area Tax Act or S pecial Service Area Tax Law may be used within the redev elopment project area for the purposes permitted by that Act or Law as well as the purposes permitted by this Act.

(q-1) For redevelopment project areas created pursu ant to subsection (p-1), redevelopment project costs are l imited to those costs in paragraph (q) that are related to the exis ting or proposed Regional Transportation Authority Suburban Tr ansit Access Route (STAR Line) station. (q-2) For a transit facility improvement area estab lished prior to, on, or after the effective date of this amendat ory Act of the 102nd General Assembly: (i) "redevelopment pro ject costs" means those costs described in subsection (q) that are related to the construction, reconstruction, rehabilitati on, remodeling, or repair of any existing or proposed transit facility, whether that facility is located within or outs ide the boundaries of a redevelopment project area establishe d within that transit facility improvement area (and, to th e extent a redevelopment project cost is described in subse ction (q) as incurred or estimated to be incurred with respect to a redevelopment project area, then it shall apply with resp ect to such transit facility improvement area); and (ii) the provisions of Section 11-74.4-8 regarding tax increment allocation financing for a redevelopment project area loc ated in a transit facility improvement area shall apply only t o the lots, blocks, tracts and parcels of real property that ar e located within the boundaries of that redevelopment proje ct area and not to the lots, blocks, tracts, and parcels of real property that are located outside the boundaries of that redevelopment project area. (r) "State Sales Tax Boundary" means the redevelopment pr oject area or the amended redevelopment project area bo undaries which are determined pursuant to subsection (9 ) of Section 11-74.4-8a of this Act. The Departmen t of Revenue shall certify pursuant to subsection (9) of Section 11-74.4-8a the appropriate boundaries eligible for the determination of State Sales Tax Increment. (s) "State S ales Tax Increment" means an amount equal to the increase in the aggregate amount of taxes paid by ret ailers and servicemen, other than retailers and servic emen subject to the Public Utilities Act, on transactions at p laces of business located within a State Sales Tax Boundary pur suant to the Retailers' Occupation Tax Act, the Use Tax Act, th e Service Use Tax Act, and the Service Occupation Tax Act, except such portion of such increase that is paid into th e State and Local Sales Tax Reform Fund, the Local Governme nt Distributive Fund, the Local Government Tax Fund and the County and Mass Transit District Fund, for as long as Sta te participation exists, over and above the Initial Sales Ta x Amounts, Adjusted Initial Sales Tax Amounts or the Revise d Initial Sales Tax Amounts for such taxes as certified by the Department of Revenue and paid under those Acts by retail ers and servicemen on transactions at places of business loca ted within the State Sales Tax Boundary during the base year which shall be the calendar year immediately prior to the year in which the municipality adopted tax increment allocation f inancing, less 3.0% of such amounts generated under the Retailers' Occupation Tax Act, Use Tax Act and Service Us e Tax Act and the Service Occupation Tax Act, which sum shall b e appropriated to the Department of Revenue to cover its co sts of administering and enforcing this Section. For purposes of computing the aggregate amount of such taxes for base yea rs occurring prior to 1985, the Department of Revenue shall compute the Initial Sales Tax Amount for such taxes and d educt therefrom an amount equal to 4% of the aggregate amount o f taxes per year for each year the base year is prior to 19 85, but not to exceed a total deduction of 12%. The amount so determined shall be known as the "Adjusted Initial Sales Tax Amount". For purposes of determining the State Sales Tax Increment the Department of Revenue shall for each period subtract from the tax amounts received from retailers and servicemen on transactions located in the State Sales Tax Boundary, the certified Initial Sales Tax Amounts, Adjust ed Initial Sales Tax Amounts or Revised Initial Sales Tax Am ounts for the Retailers' Occupation Tax Act, the Use Tax Act, t he Service Use Tax Act and the Service Occupation Tax Act. F or the State Fiscal Year 1989 this calculation shall be made by utilizing the calendar year 1987 to determine the tax amo unts received. For the State Fiscal Year 1990, this calculatio n shall be made by utilizing the period from January 1, 198 8, until September 30, 1988, to determine the tax amounts re ceived from retailers and servicemen, which shall have deducted therefrom nine-twelfths of the certified I nitial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate. For the State Fiscal Year 1991, this calculation shall be made by utilizing the period from October 1, 1988, until June 30, 1989, to determine the tax amounts received from retailer s and servicemen, which shall have deducted therefrom nine-twelfths of the certified Initial State Sales Tax Amounts, Adjuste d Initial Sales Tax Amounts or the Revised Initial Sales Ta x Amounts as appropriate. For every State Fiscal Year there after, the applicable period shall be the 12 months beginning July 1 and ending on June 30, to determine the tax amounts received which shall have deducted therefrom the certified Initial Sales Tax Amounts, Adjusted Initial Sal es Tax Amounts or the Revised Initial Sales Tax Amounts. Mun icipalities intending to receive a distribution of Sta te Sales Tax Increment must report a list of retailers to th e Department of Revenue by October 31, 1988 and by July 31, of each year thereafter. (t) "Taxing distr icts" means counties, townships, cities and incorporated towns and villages, school, road, park, sanitary, mosquito abatement, forest preserve, public hea lth, fire protection, river conservancy, tuberculosis sanitari um and any other municipal corporations or districts with th e power to levy taxes. (u) "Taxing distri cts' capital costs" means those costs o f taxing districts for capital improvements that are found by the municipal corporate authorities to be necessary and d irectly result from the redevelopment project. (v) As used in subsection (a) of Section 11-74.4-3 of this Act, "vacant land" means any parcel or combination of par cels of real property without industrial, commercial, and resi dential buildings which has not been used for commerc ial agricultural purposes within 5 years prior to the designa tion of the redevelopment project area, unless the parcel is i ncluded in an industrial park conservation area or the p arcel has been subdivided; provided that if the parcel was part of a larger tract that has been divided into 3 or more smaller tracts that were accepted for recording during the period from 1950 to 1990, then the parcel shall be deemed to have bee n subdivided, and all proceedings and actions of the munici pality taken in that connection with respect to any previously approved or designated redevelopment project a rea or amended redevelopment project area are hereby validate d and hereby declared to be legally sufficient for all purposes of this Act. For purposes of this Section and only for land subject to the subdivision requirements of the Plat Act, land is subdivided when the original plat of the proposed Rede velopment Project Area or relevant portion thereof ha s been properly certified, acknowledged, approved, and reco rded or filed in accordance with the Plat Act and a preliminar y plat, if any, for any subsequent phases of the proposed R edevelopment Project Area or relevant portion thereof ha s been properly approved and filed in accordance with the a pplicable ordinance of the municipality. (w) "Annual Total Increment" means the sum of each munici pality's annual Net Sales Tax Increment and each mu nicipality's annual Net Utility Tax Increment. The rati o of the Annual Total Increment of each municipality to the An nual Total Increment for all municipalities, as most recently calculated by the Department, shall determine the proport ional shares of the Illinois Tax Increment Fund to be distribut ed to each municipality. (x) "LEED certified" means any certification level of con struction elements by a qualified Leadership in Energy and Environmental Design Accredited Professional as determine d by the U.S. Green Building Council. (y) "G reen Globes certified" means any certification leve l of construction elements by a qualified Green Globes Prof essional as determined by the Green Building Initiati ve.(Source: P.A. 102-627, eff. 8-27-21.) (Text of Section after amendment by P.A. 104-457) Sec. 11-74.4-3. Definitions. The following terms, wherever used or referred to in this Division 74.4 shall have the following respective meanings, unless in any case a diffe rent meaning clearly appears from the context. (a) For any redevelopment project area that has been desi gnated pursuant to this Section by an ordinance adopt ed prior to November 1, 1999 (the effective date of Public A ct 91-478), "blighted area" shall have the meaning set forth in this Section prior to that date. On and after November 1, 1999, "blighted area" means any improved or vacant area within the boundaries of a redeve lopment project area located within the territorial limits of the municipality where:

(1) If improved, industrial, commercial, and reside ntial buildings or improvements are detrimental to the public safety, health, or welfare because of a combin ation of 5 or more of the following factors, each o f which is (i) present, with that presence documented, to a meaningful extent so that a municipality may reasonably f ind that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the improved part of the redevelopment project area: (A) Dilapidation. An advanced state of disrep air or neglect of necessary repairs to the primary structural components of buildings or improvements in suc h a combination that a documented building condition a nalysis determines that major repair is requir ed or the defects are so serious and so extensive t hat the buildings must be removed. (B) Obsolescence. The condition or process of falling into disuse. Structures have become ill-sui ted for the original use.

(C) Deterioration. With respect to buildings, defects including, but not limited to, major defects in t he secondary building components such as doors, windo ws, porches, gutters and downspouts, and fascia. Wit h respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes, depres sions, loose paving material, and weeds protruding through paved surfaces. (D) Presence of structures below minimum code standards. All structures that do not meet the standards of zoning, subdivision, building, fire, and oth er governmental codes applicable to property, but not including housing and property maintenance codes. (E) Illegal use of individual structures. The use of structures in violation of applicable federal, State, or local laws, exclusive of those applicable to th e presence of structures below minimum code standards. (F) E xcessive vacancies. The presence of buil dings that are unoccupied or under-utilized and that repr esent an adverse influence on the area because of the frequency, extent, or duration of the vacancies. (G) Lack of ventilation, light, or sanitary f acilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without windo ws, or that require the removal of dust, odor, gas, smoke, or other noxious airborne materials. Inadequa te natural light and ventilation means the absenc e of skylights or windows for interior spaces or ro oms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilitie s refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot w ater and kitchens, and structural inadequacies preve nting ingress and egress to and from all rooms and u nits within a building. (H) Inadequate utilities. Underground and ove rhead utilities such as storm sewers and storm drainage, sanita ry sewers, water lines, and gas, telephone, and ele ctrical services that are shown to be inadequate. Inad equate utilities are those that are: (i) of insuffici ent capacity to serve the uses in the redevelopm ent project area, (ii) deteriorated, antiquated , obsolete, or in disrepair, or (iii) lacking w ithin the redevelopment project area. (I) Excessive land coverage and overcrowding of structures and community facilities. The over-inten sive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as one exhibiting excessive land c overage are: (i) the presence of buildings either i mproperly situated on parcels or located on parce ls of inadequate size and shape in relation to prese nt-day standards of development for health and safety and (ii) the presence of multiple buildings on a s ingle parcel. For there to be a finding of excessive l and coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for l ight and air within or around buildings, increased t hreat of spread of fire due to the close proxi mity of buildings, lack of adequate or proper access to a public right-of-way, lack of reas onably required off-street parking, or inadequate provisio n for loading and service. (J) Deleterious land use or layout. The exist ence of incompatible land-use relationships, buildings o ccupied by inappropriate mixed-uses, or uses consi dered to be noxious, offensive, or unsuitable for th e surrounding area.

(K) Environmental clean-up. The propose d redevelopment project area has incurred Illinois Environm ental Protection Agency or United States Environm ental Protection Agency remediation costs for, or a study conducted by an independent consultant recogni zed as having expertise in environmental remediati on has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground sto rage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment o f the redevelopment project area. (L) Lack of community planning. The proposed redevelopment project area was developed prior to or with out the benefit or guidance of a community plan. This means that the development occurred prior to the ado ption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area's development. This factor must b e documented by evidence of adverse or incompatible land-use relationships, inadequate str eet layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards , or other evidence demonstrating an absence of effective community planning. (M) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years prior to the year in which t he redevelopment project area is designated or is increa sing at an annual rate that is less than the balanc e of the municipality for 3 of the last 5 calendar years for which information is available or is i ncreasing at an annual rate that is less than the Con sumer Price Index for All Urban Consumers published by the United States Department of Labor or successor age ncy for 3 of the last 5 calendar years prior to the ye ar in which the redevelopment project area is designate d. (2) If vac ant, the sound growth of the redevelopmen t project area is impaired by a combination of 2 or more of the following factors, each of which is (i) present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that the factor is clear ly present within the intent of the Act and (ii) rea sonably distributed throughout the vacant part of the redevelopment project area to which it pertains: (A) Obsolete platting of vacant land that res ults in parcels of limited or narrow size or configurations of parcels of irregular size or shape that would be diffi cult to develop on a planned basis and in a manner c ompatible with contemporary standards and requirements, or platting that failed to create rights-of-way for streets or alleys or that c reated inadequate right-of-way widths for streets, a lleys, or other public rights-of-way or that omitted ea sements for public utilities.

(B) Diversity of ownership of parcels of vaca nt land sufficient in number to retard or impede the ability to assemble the land for development. (C) Tax and special assessment delinquencies exist or the property has been the subject of tax sales under t he Property Tax Code within the last 5 years. (D) Deterioration of structures or site impro vements in neighboring areas adjacent to the vacant land. (E) The area has incurred Illinois Environmen tal Protection Agency or United States Environmental Protecti on Agency remediation costs for, or a study condu cted by an independent consultant recognized as havi ng expertise in environmental remediation has determi ned a need for, the clean-up of hazardous wa ste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area.

(F) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years prior to the year in which t he redevelopment project area is designated or is increa sing at an annual rate that is less than the balanc e of the municipality for 3 of the last 5 calendar years for which information is available or is i ncreasing at an annual rate that is less than the Con sumer Price Index for All Urban Consumers published by the United States Department of Labor or successor age ncy for 3 of the last 5 calendar years prior to the ye ar in which the redevelopment project area is designate d. (3) If vac ant, the sound growth of the redevelopmen t project area is impaired by one of the following factors that (i) is present, with that presence documented, to a meaningful extent so that a municipality may reasonably f ind that the factor is clearly present within the intent of the Act and (ii) is reasonably distributed throughout the vacant part of the redevelopment project area to whic h it pertains: (A) The area consists of one or more unused q uarries, mines, or strip mine ponds. (B) The area consists of unused rail yards, r ail tracks, or railroad rights-of-way. (C) The area, prior to its designation, is su bject to (i) chronic flooding that adversely impacts on real pr operty in the area as certified by a registered profess ional engineer or appropriate regulatory agency or (ii) surface water that discharges from all or a part of the area and contributes to flooding within the s ame watershed, but only if the redevelopment project provides for facilities or improvements to contri bute to the alleviation of all or part of the flood ing. (D) Th e area consists of an unused or illegal disposal site containing earth, stone, building debris, o r similar materials that were removed from const ruction, demolition, excavation, or dredge sites. (E) Prior to November 1, 1999, the area is no t less than 50 nor more than 100 acres and 75% of which is vacan t (notwithstanding that the area has been used for c ommercial agricultural purposes within 5 years prior to the designation of the redevelopment project are a), and the area meets at least one of the factors ite mized in paragraph (1) of this subsection, the area ha s been designated as a town or village center by ordina nce or comprehensive plan adopted prior to January 1, 1982, and the area has not been developed for that designated purpose. (F) The area qualified as a blighted improved area immediately prior to becoming vacant, unless there has be en substantial private investment in the immediately su rrounding area. (b) For any redevelop ment project area that has been desi gnated pursuant to this Section by an ordinance adopt ed prior to November 1, 1999 (the effective date of Public A ct 91-478), "conservation area" shall have the meaning set forth in this Section prior to that date. On and after November 1, 1999, "conservation area" means any improved area within the boundaries of a redevelopmen t project area located within the territorial limits of the municipality in which 50% or more of the structures in th e area have an age of 35 years or more. Such an area is not yet a blighted area but because of a combination of 3 or more o f the following factors is detrimental to the public safety, he alth, morals or welfare and such an area may become a blighted area: (1) Dilapidation. An advanced state of disrepair or neglect of necessary repairs to the primary structural co mponents of buildings or improvements in such a combina tion that a documented building condition analysis determines that major repair is required or the defects a re so serious and so extensive that the buildings must b e removed. (2) Obsolesce nce. The condition or process of falli ng into disuse. Structures have become ill-suited for the original use. (3) Dete rioration. With respect to buildings, defec ts including, but not limited to, major defects in the secon dary building components such as doors, windows, por ches, gutters and downspouts, and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parki ng, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes , depressions, loose paving material, and weeds protruding through paved surfaces. (4) Presence of structures below minimum code stand ards. All structures that do not meet the standards of zoning, subdivision, building, fire, and other governm ental codes applicable to property, but not includ ing housing and property maintenance codes. (5) Illegal use of individual structures. The use o f structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards. (6) Excessive vacancies. The presence of buildings that are unoccupied or under-utilized and that repr esent an adverse influence on the area because of the frequency , extent, or duration of the vacancies. (7) Lack of ventilation, light, or sanitary facilit ies. The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke, or ot her noxious airborne materials. Inadequate natural ligh t and ventilation means the absence or inadequacy of skylig hts or windows for interior spaces or rooms and imp roper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, b athroom facilities, hot water and kitchens, and structur al inadequacies preventing ingress and egress to and from all rooms and units within a building. (8) Inadequate utilities. Underground and overhead utilities such as storm sewers and storm drainage, sanita ry sewers, water lines, and gas, telephone, and ele ctrical services that are shown to be inadequate. Inad equate utilities are those that are: (i) of insuffici ent capacity to serve the uses in the redevelopm ent project area, (ii) deteriorated, antiquated , obsolete, or in disrepair, or (iii) lacking within the re development project area.

(9) Excessive land coverage and overcrowding of str uctures and community facilities. The over-inten sive use of property and the crowding of buildings and accesso ry facilities onto a site. Examples of problem con ditions warranting the designation of an area as one e xhibiting excessive land coverage are: the presence of b uildings either improperly situated on parcels or locate d on parcels of inadequate size and shape in relation to pr esent-day standards of development for health and safety and the presence of multiple buildings on a single parcel . For there to be a finding of excessive land coverage, the se parcels must exhibit one or more of the following c onditions: insufficient provision for light and air with in or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of ade quate or proper access to a public right-of-way, lack of reasonably required off-street parking, or inade quate provision for loading and service. (10) Deleterious land use or layout. The existence of incompatible land-use relationships, buildings occu pied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding are a. (11) Lack of com munity planning. The proposed redev elopment project area was developed prior to or with out the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area's development. This factor must be documented by evi dence of adverse or incompatible land-use relati onships, inadequate street layout, improper subdivi sion, parcels of inadequate shape and size to meet contemporary development standards, or other evidence dem onstrating an absence of effective community planning.

(12) The area has incurred Illinois Environmental P rotection Agency or United States Environmental Protecti on Agency remediation costs for, or a study condu cted by an independent consultant recognized as havi ng expertise in environmental remediation has determi ned a need for, the clean-up of hazardous wa ste, hazardous substances, or underground storage tanks requir ed by State or federal law, provided that the remed iation costs constitute a material impediment to the development or redevelopment of the redevelopment project area. (13) The total e qualized assessed value of the prop osed redevelopment project area has declined for 3 of the last 5 calendar years for which information is availa ble or is increasing at an annual rate that is less than the balance of the municipality for 3 of the last 5 calendar years for which information is available or is i ncreasing at an annual rate that is less than the Consum er Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years for which information is available. (c) "Industrial park" means an area in a blighted or cons ervation area suitable for use by any manufacturing, industrial, research or transportation enterprise, of fac ilities to include but not be limited to factories, mi lls, processing plants, assembly plants, packing plants, fabri cating plants, industrial distribution centers, ware houses, repair overhaul or service facilities, freigh t terminals, research facilities, test facilities or railro ad facilities. (d) "Industrial park conser vation area" means an area wit hin the boundaries of a redevelopment project area loc ated within the territorial limits of a municipality that is a labor surplus municipality or within 1 1/2 miles of the t erritorial limits of a municipality that is a labor surp lus municipality if the area is annexed to the municipality; which area is zoned as industrial no later than at the time the municipality by ordinance designates the redevelopment pr oject area, and which area includes both vacant land suitable f or use as an industrial park and a blighted area or conserva tion area contiguous to such vacant land. (e ) "Labor surplus municipality" means a municipality in which, at any time during the 6 months before the municip ality by ordinance designates an industrial park conservation a rea, the unemployment rate was over 6% and was also 100% or mo re of the national average unemployment rate for that same time as published in the United States Department of Labor Bureau of Labor Statistics publication entitled "The Employment Sit uation" or its successor publication. For the purpose of this subsection, if unemployment rate statistics for the municipality are not available, the unemployment rate in the municipality shall be deemed to be the same as the unempl oyment rate in the principal county in which the mu nicipality is located. (f) "Municipal ity" shall mean a city, village, incorporat ed town, or a township that is located in the u nincorporated portion of a county with 3 million or more inhabitants, if the county adopted an ordinance that appr oved the township's redevelopment plan. (g) "Initial Sales Tax Amounts" means the amount of taxes paid under the Retailers' Occupation Tax Act, Use Tax Act , Service Use Tax Act, the Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act, and the Municipa l Service Occupation Tax Act by retailers and servicemen on transactions at places located in a State Sales Tax Bound ary during the calendar year 1985. (g-1) "Revised Initial Sales Tax Amounts" means the amount of taxes paid under the Retailers' Occupation Tax Act, Us e Tax Act, Service Use Tax Act, the Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act, and the Municipa l Service Occupation Tax Act by retailers and servicemen on transactions at places located within the State Sales Tax Boundary revised pursuant to Section 11-74.4- 8a(9) of this Act. (h) "Municipal Sales Tax Increment " means an amount equal to the increase in the aggregate amount of taxes paid to a municipality from the Local Government Tax Fund arising f rom sales by retailers and servicemen within the redevelopmen t project area or State Sales Tax Boundary, as the case may be, for as long as the redevelopment project area or State Sa les Tax Boundary, as the case may be, exist over and above th e aggregate amount of taxes as certified by the Illinois De partment of Revenue and paid under the Municipal Retail ers' Occupation Tax Act and the Municipal Service Occupation T ax Act by retailers and servicemen, on transactions at place s of business located in the redevelopment project area or Sta te Sales Tax Boundary, as the case may be, during the base y ear which shall be the calendar year immediately prior to the year in which the municipality adopted tax increment allocatio n financing. For purposes of computing the aggregate amount of such taxes for base years occurring prior to 1985, the De partment of Revenue shall determine the Initial Sales T ax Amounts for such taxes and deduct therefrom an amount equ al to 4% of the aggregate amount of taxes per year for each yea r the base year is prior to 1985, but not to exceed a total ded uction of 12%. The amount so determined shall be known as the "A djusted Initial Sales Tax Amounts". For purposes of det ermining the Municipal Sales Tax Increment, the Depart ment of Revenue shall for each period subtract from the amount paid to the municipality from the Local Government Tax Fund ar ising from sales by retailers and servicemen on transactions lo cated in the redevelopment project area or the State Sales Tax Boundary, as the case may be, the certified Initial Sales Tax Amounts, the Adjusted Initial Sales Tax Amounts or the Re vised Initial Sales Tax Amounts for the Municipal Retailers' Oc cupation Tax Act and the Municipal Service Occupation T ax Act. For the State Fiscal Year 1989, this calculation sha ll be made by utilizing the calendar year 1987 to determine the tax amounts received. For the State Fiscal Year 1990, this ca lculation shall be made by utilizing the period from Ja nuary 1, 1988, until September 30, 1988, to determine the tax a mounts received from retailers and servicemen pursuant t o the Municipal Retailers' Occupation Tax and the Municipal Ser vice Occupation Tax Act, which shall have deducted therefrom n ine-twelfths of the certified Initial Sales Tax Am ounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate. For the State Fiscal Ye ar 1991, this calculation shall be made by utilizing the per iod from October 1, 1988, to June 30, 1989, to determine the tax amounts received from retailers and servicemen pursuant t o the Municipal Retailers' Occupation Tax and the Municipal Ser vice Occupation Tax Act which shall have deducted therefrom ni ne-twelfths of the certified Initial Sales Tax Am ounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate. For every State Fiscal Year thereafter, the applicable period shall be the 12 months beginning July 1 and ending June 30 to determine the tax amounts received which shall have deducted therefrom the certified Initial Sales Tax Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amount s, as the case may be. (i) "Net State Sales T ax Increment" means the sum of the following: (a) 80% of the first $100,000 of State Sales T ax Increment annually generated within a State Sales Tax Bou ndary; (b) 60% of the amount in excess of $100,000 but not exceeding $500,000 of State Sales Tax Increment annually generated within a State Sales Tax Boundary; and (c) 40% of all amounts in excess of $500,000 of State Sales Tax Incremen t annually generated within a State Sales Tax Boundary. If, however, a municipality established a tax increment finan cing district in a county with a population in excess of 3,000 ,000 before January 1, 1986, and the municipality entered into a contract or issued bonds after January 1, 1986, but befor e December 31, 1986, to finance redevelopment project costs within a State Sales Tax Boundary, then the Net State Sal es Tax Increment means, for the fiscal years beginning July 1, 1 990, and July 1, 1991, 100% of the State Sales Tax Increment a nnually generated within a State Sales Tax Boundary; and notwithstanding any other provision of this Act, for thos e fiscal years the Department of Revenue shall distribute t o those municipalities 100% of their Net State Sales Tax In crement before any distribution to any other municipali ty and regardless of whether or not those other municipaliti es will receive 100% of their Net State Sales Tax Increment. For Fiscal Year 1999, and every year thereafter until the yea r 2007, for any municipality that has not entered into a co ntract or has not issued bonds prior to June 1, 1988 to finance redevelopment project costs within a State Sales Tax Boundary, the Net State Sales Tax Increment shall be calc ulated as follows: By multiplying the Net State Sales Tax Increment by 90% in the State Fiscal Year 1999; 80% in th e State Fiscal Year 2000; 70% in the State Fiscal Year 2001 ; 60% in the State Fiscal Year 2002; 50% in the State Fiscal Ye ar 2003; 40% in the State Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No payment shall be made for State Fiscal Year 2008 and thereafter. Munici palities that issued bonds in connection with a red evelopment project in a redevelopment project area wit hin the State Sales Tax Boundary prior to July 29, 1991, or t hat entered into contracts in connection with a redevelopment project in a redevelopment project area before June 1, 19 88, shall continue to receive their proportional share of the Illinois Tax Increment Fund distribution until the date o n which the redevelopment project is completed or terminate d. If, however, a municipality that issued bonds in connecti on with a redevelopment project in a redevelopment project a rea within the State Sales Tax Boundary prior to July 29, 199 1 retires the bonds prior to June 30, 2007 or a municipalit y that entered into contracts in connection with a redevelopment project in a redevelopment project area before June 1, 19 88 completes the contracts prior to June 30, 2007, then so l ong as the redevelopment project is not completed or is not term inated, the Net State Sales Tax Increment shall be ca lculated, beginning on the date on which the bonds are retired or the contracts are completed, as follows: By mu ltiplying the Net State Sales Tax Increment by 60% in t he State Fiscal Year 2002; 50% in the State Fiscal Year 2003 ; 40% in the State Fiscal Year 2004; 30% in the State Fiscal Ye ar 2005; 20% in the State Fiscal Year 2006; and 10% in the S tate Fiscal Year 2007. No payment shall be made for State Fisc al Year 2008 and thereafter. Refunding of any bonds issued p rior to July 29, 1991, shall not alter the Net State Sales Tax Increment. (j) "State Utility Tax Incre ment Amount" means an amount equal to the aggregate increase in State electric and gas tax charges imposed on owners and tenants, other than residen tial customers, of properties located within the redevelopment project area under Section 9-222 of the Public Util ities Act, over and above the aggregate of such charges as certified by the Department of Revenue and paid by owners and tenants, other than residential customers, of properties within th e redevelopment project area during the base year, which sh all be the calendar year immediately prior to the year of the adoption of the ordinance authorizing tax increment alloc ation financing. (k) "Net State Utility Tax I ncrement" means the sum of th e following: (a) 80% of the first $100,000 of State Utility Tax Increment annually generated by a redevelopment project a rea; (b) 60% of the amount in excess of $100,000 but not excee ding $500,000 of the State Utility Tax Increment annually gene rated by a redevelopment project area; and (c) 40% of all amoun ts in excess of $500,000 of State Utility Tax Increment annuall y generated by a redevelopment project area. For the State Fiscal Year 1999, and every year thereafter until the yea r 2007, for any municipality that has not entered into a co ntract or has not issued bonds prior to June 1, 1988 to finance redevelopment project costs within a redevelopmen t project area, the Net State Utility Tax Increment shall b e calculated as follows: By multiplying the Net State Utili ty Tax Increment by 90% in the State Fiscal Year 1999; 80% i n the State Fiscal Year 2000; 70% in the State Fiscal Year 2001 ; 60% in the State Fiscal Year 2002; 50% in the State Fiscal Ye ar 2003; 40% in the State Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No payment shall be made for the State Fiscal Year 2008 and thereafter.

Municipalities that issue bonds in connection with the re development project during the period from June 1, 1988 until 3 years after the effective date of this Amendatory Act of 1988 shall receive the Net State Utility Tax Increment , subject to appropriation, for 15 State Fiscal Years after the issuance of such bonds. For the 16th through the 20th Sta te Fiscal Years after issuance of the bonds, the Net State U tility Tax Increment shall be calculated as follows: By multiplying the Net State Utility Tax Increment by 90% in year 16; 80% in year 17; 70% in year 18; 60% in year 19; and 5 0% in year 20. Refunding of any bonds issued prior to June 1, 1 988, shall not alter the revised Net State Utility Tax Increme nt payments set forth above. (l) "Obligati ons" mean bonds, loans, debentures, notes, s pecial certificates or other evidence of indebtedness is sued by the municipality to carry out a redevelopment project or to refund outstanding obligations. (m) "Pa yment in lieu of taxes" means those estimated tax revenues from real property in a redevelopment project ar ea derived from real property that has been acquired by a mu nicipality which according to the redevelopment project or plan is to be used for a private use which taxing distric ts would have received had a municipality not acquired the r eal property and adopted tax increment allocation financing a nd which would result from levies made after the time of the adoption of tax increment allocation financing to the tim e the current equalized value of real property in the redevelop ment project area exceeds the total initial equalized value of real property in said area. (n) "Redevelopme nt plan" means the comprehensive program of the municipality for development or redevelopment inte nded by the payment of redevelopment project costs to reduce o r eliminate those conditions the existence of which qualifi ed the redevelopment project area as a "blighted area" or "c onservation area" or combination thereof or "industrial park conservation area," and thereby to enhance the tax bases of the taxing districts which extend into the redevelopment project area, provided that, with respect to redevelopmen t project areas described in subsections (p-1) and (p -2), "redevelopment plan" means the comprehensive program of t he affected municipality for the development of qualifying t ransit facilities. On and after November 1, 1999 (the ef fective date of Public Act 91-478), no redevelopm ent plan may be approved or amended that includes the development of vacant land (i) with a golf course and related clubhouse and other facilities or (ii) designated by federal, State, co unty, or municipal government as public land for outdoor recrea tional activities or for nature preserves and used for that purpose within 5 years prior to the adoption of the redevelopment plan. For the purpose of this subsection, " recreational activities" is limited to mean camping and hunting. Each redevelopment plan shall set forth in writi ng the program to be undertaken to accomplish the objectives and shall include but not be limited to: (A) an itemized list of estimated redevelopment pro ject costs; (B) evi dence indicating that the redevelopment proj ect area on the whole has not been subject to growth and deve lopment through investment by private enterprise, pro vided that such evidence shall not be required for any redevelopment project area located within a transit facil ity improvement area established pursuant to Section 11-74.4-3.3; (C) an assessment of any financial impact of the re development project area on or any increased demand for services from any taxing district affected by the plan an d any program to address such financial impact or increased demand; (D) the source s of funds to pay costs; (E) the nature and term of the obligations to be is sued; (F) the most r ecent equalized assessed valuation of the redevelopment project area; (G) an estimate as to the equalized assessed valuat ion after redevelopment and the general land uses to apply in the redevelopment project area; (H) a commitment to fair employment practices and a n affirmative action plan; (I) if it concerns an industrial park conservation area, the plan shall also include a general description o f any proposed developer, user and tenant of any property, a description of the type, structure and general character of the facilities to be developed, a description of the t ype, class and number of new employees to be employed in the operation of the facilities to be developed; and (J) if property is to be annexed to the municipalit y, the plan shall include the terms of the annexation agreem ent. The provisions of items (B) and (C) of this subsection (n ) shall not apply to a municipality that before March 14, 1 994 (the effective date of Public Act 88-537) had fixed , either by its corporate authorities or by a commission designated u nder subsection (k) of Section 11-74.4-4, a time a nd place for a public hearing as required by subsection (a) of Section 1 1-74.4-5. No redevelopment plan shall be ado pted unless a municipality complies with all of the following requireme nts: (1) The municipality finds that the redevelopment p roject area on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed w ithout the adoption of the redevelopment plan, provided, however, that such a finding shall not be required with r espect to any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3. (2) The municipality finds that the redevelopment p lan and project conform to the comprehensive plan for the dev elopment of the municipality as a whole, or, for munic ipalities with a population of 100,000 or more, rega rdless of when the redevelopment plan and project was adopted, the redevelopment plan and project either: (i) c onforms to the strategic economic development or redevel opment plan issued by the designated planning auth ority of the municipality, or (ii) includes land uses that have been approved by the planning commission of the municipality. (3) The redevelopment plan establishes the estimate d dates of completion of the redevelopment project and reti rement of obligations issued to finance redevelopment project costs. Those dates may not be later than the date s set forth under Section 11-74.4-3.5. A municipality may by municipal ordinance amend an existing redevelopment plan to conform to this paragraph (3) as amended by Public Act 91-478, which municipa l ordinance may be adopted without further hearing or notic e and without complying with the procedures provided in thi s Act pertaining to an amendment to or the initial approval of a redevelopment plan and project and designation of a redevelopment project area.

(3.5) The municipality finds, in the case of an ind ustrial park conservation area, also that the municipa lity is a labor surplus municipality and that the implementation of the redevelopment plan will reduce unem ployment, create new jobs and by the provision of new facilities enhance the tax base of the taxing districts t hat extend into the redevelopment project area. (4) If any incremental revenues are being utilized under Section 8(a)(1) or 8(a)(2) of this Act in redevelop ment project areas approved by ordinance after J anuary 1, 1986, the municipality finds: (a) that the red evelopment project area would not reasonably be develo ped without the use of such incremental revenues, a nd (b) that such incremental revenues will be exclusivel y utilized for the development of the redevelopment project area. (5) If: (a) the redevelopment plan will not result in displacement of residents from 10 or more inhabited resid ential units, and the municipality certifies in the plan that such displacement will not result from the plan ; or (b) the redevelopment plan is for a redevelopment proj ect area or a qualifying transit facility located wit hin a transit facility improvement area established pu rsuant to Section 11-74.4-3.3, and the appl icable project is subject to the process for evaluation of envir onmental effects under the National Environmental Po licy Act of 1969, 42 U.S.C. 4321 et seq., then a housin g impact study need not be performed. If, however, the rede velopment plan would result in the displacement of re sidents from 10 or more inhabited residential units, or if the redevelopment project area contains 75 or more inh abited residential units and no certification is made, then the municipality shall prepare, as part of the separ ate feasibility report required by subsection (a) of Section 11-74.4-5, a housing impact study. Part I of the housing impact study shall include (i ) data as to whether the residential units are single famil y or multi-family units, (ii) the number and type of rooms within the units, if that information is available, (iii) whether the units are inhabited or uninhabited, as determ ined not less than 45 days before the date that the ordinance or resolution required by subsection (a) of Sec tion 11-74.4-5 is passed, and (iv) data as to the racial and ethnic composition of the residents in the inh abited residential units. The data requirement as to t he racial and ethnic composition of the residents in the inhabited residential units shall be deemed to be fully s atisfied by data from the most recent federal census. Part II of the housing impact study shall identify the inhabited residential units in the proposed redevelopment project area that are to be or may be removed. If inhabit ed residential units are to be removed, then the housing imp act study shall identify (i) the number and location o f those units that will or may be removed, (ii) the municip ality's plans for relocation assistance for those residents in the proposed redevelopment project area whos e residences are to be removed, (iii) the availability of r eplacement housing for those residents whose residences are to be removed, and shall identify the type, location, and cost of the housing, and (iv) the type and extent of relocation assistance to be provided. (6) On and after November 1, 1999, the housing impa ct study required by paragraph (5) shall be incorporated in the redevelopment plan for the redevelopment project area . (7) On and after November 1, 1999, no redevelopment plan shall be adopted, nor an existing plan amended, nor shall residential housing that is occupied by households of low-income and very low-income persons in currently existing redevelopment project areas be removed after Nov ember 1, 1999 unless the redevelopment plan provides, with respect to inhabited housing units that are to be re moved for households of low-income and very low-income persons, affordable housing and relocation assistance not less than that which would be provided under the federal Uniform Relocation Assistance and Real Property Acquisiti on Policies Act of 1970 and the regulations unde r that Act, including the eligibility criteria. Affordable housing may be either existing or newly constructed housi ng. For purposes of this paragraph (7), "low-i ncome households", "very low-income households", and "aff ordable housing" have the meanings set forth in the Illinois Affo rdable Housing Act. The municipality shall make a goo d faith effort to ensure that this affordable housing is lo cated in or near the redevelopment project area within the municipality. (8) On and after November 1, 1999, if, after the ad option of the redevelopment plan for the redevelopment project area, any municipality desires to amend its redev elopment plan to remove more inhabited residential u nits than specified in its original redevelopment plan, that change shall be made in accordance with the procedur es in subsection (c) of Section 11-74.4-5. (9) For redevelopment project areas designated prio r to November 1, 1999, the redevelopment plan may be amende d without further joint review board meeting or hearing, pr ovided that the municipality shall give notice of any s uch changes by mail to each affected taxing district and registrant on the interested party registry, to authorize the municipality to expend tax increment revenues for red evelopment project costs defined by paragraphs (5) and (7.5), subparagraphs (E) and (F) of paragraph (11), and p aragraph (11.5) of subsection (q) of Section 11-74 .4-3, so long as the changes do not increase the total estimate d redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted. (o) "Red evelopment project" means any public and private development project in furtherance of the objectives of a redevelopment plan. On and after November 1, 1999 (the ef fective date of Public Act 91-478), no redevelopm ent plan may be approved or amended that includes the development of vacant land (i) with a golf course and related clubhouse and other facilities or (ii) designated by federal, State, co unty, or municipal government as public land for outdoor recrea tional activities or for nature preserves and used for that purpose within 5 years prior to the adoption of the redevelopment plan. For the purpose of this subsection, " recreational activities" is limited to mean camping and hunting. (p) "Redevelopment project are a" means an area designated by the municipality, which is not less in the aggregate t han 1 1/2 acres and in respect to which the municipality has ma de a finding that there exist conditions which cause the area to be classified as an industrial park conservation area or a b lighted area or a conservation area, or a combination of both blighted areas and conservation areas.

(p-1) Notwithstanding any provision of this Act to the contrary, on and after August 25, 2009 (the effective dat e of Public Act 96-680), a redevelopment project area ma y include areas within a one-half mile radius of an existing or proposed Northern Illinois Transit Authority Suburban Transit Acce ss Route (STAR Line) station without a finding that the area is classified as an industrial park conservation area, a bli ghted area, a conservation area, or a combination thereof, but only if the municipality receives unanimous consent from the j oint review board created to review the proposed redevelopment project area. (p-2) Notwithstand ing any provision of this Act to the contrary, on and after the effective date of this amendat ory Act of the 99th General Assembly, a redevelopment project area may include areas within a transit facility improvement a rea that has been established pursuant to Section 11-74 .4-3.3 without a finding that the area is classified as an indus trial park conservation area, a blighted area, a conservation a rea, or any combination thereof. (q) "Redev elopment project costs", except for redevelopme nt project areas created pursuant to subsectio n (p-1) or (p-2), means and includes the sum to tal of all reasonable or necessary costs incurred or estimated to be incurred, and any such costs incidental to a redevelopmen t plan and a redevelopment project. Such costs include, wit hout limitation, the following: (1) Costs of studies, surveys, development of plans , and specifications, implementation and administration of the redevelopment plan including but not limited to staff and professional service costs for architectural, enginee ring, legal, financial, planning or other services , provided however that no charges for professional service s may be based on a percentage of the tax increment collect ed; except that on and after November 1, 1999 (the effective date of Public Act 91-478), no contracts for professional services, excluding architectural and engine ering services, may be entered into if the terms of the contract extend beyond a period of 3 years. In additi on, "redevelopment project costs" shall not include lobbying expenses. After consultation with the municipali ty, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or adviso r has entered into with entities or individuals that have r eceived, or are receiving, payments financed by tax incr ement revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the municip ality. This requirement shall be satisfied by the consultant or advisor before the commencement of services for the municipality and thereafter whenever any other co ntracts with those individuals or entities are executed by the consultant or advisor; (1.5) After July 1, 1999, annual administrative cos ts shall not include general overhead or administrative cost s of the municipality that would still have been incurred b y the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment pl an; (1.6) The cost o f marketing sites within the redeve lopment project area to prospective businesses, dev elopers, and investors; (2) Property assembly costs, including but not limi ted to acquisition of land and other property, real or person al, or rights or interests therein, demolition of b uildings, site preparation, site improvements that serve as an engineered barrier addressing ground level or below ground environmental contamination, including, but not li mited to parking lots and other concrete or asphalt bar riers, and the clearing and grading of land; (3) Costs of rehabilitation, reconstruction or repa ir or remodeling of existing public or private buildings, fi xtures, and leasehold improvements; and the cost of rep lacing an existing public building if pursuant to the implementation of a redevelopment project the existing pu blic building is to be demolished to use the site for p rivate investment or devoted to a different use requirin g private investment; including any direct or indirect cost s relating to Green Globes or LEED certified construction e lements or construction elements with an equivalent cert ification; (4) Cos ts of the construction of public works or im provements, including any direct or indirect costs rela ting to Green Globes or LEED certified construction e lements or construction elements with an equivalent cert ification, except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference fac ilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public bu ilding as provided under paragraph (3) of subsection (q ) of Section 11-74.4-3 unless either (i) the co nstruction of the new municipal building implements a redevelopment pro ject that was included in a redevelopment plan that wa s adopted by the municipality prior to November 1, 1999, (i i) the municipality makes a reasonable determination in the redevelopment plan, supported by information that pro vides the basis for that determination, that the new m unicipal building is required to meet an increase in the need for public safety purposes anticipated to result fro m the implementation of the redevelopment plan, or (iii) th e new municipal public building is for the storage, mainten ance, or repair of transit vehicles and is located in a transit facility improvement area that has been esta blished pursuant to Section 11-74.4-3.3; (5) Costs of job training and retraining projects, including the cost of "welfare to work" programs implemen ted by businesses located within the redevelopmen t project area; (6) Fina ncing costs, including but not limited to a ll necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued hereunder including interest ac cruing during the estimated period of construction of a ny redevelopment project for which such obligations are issued and for not exceeding 36 months thereafter and inc luding reasonable reserves related thereto; (7) To the extent the municipality by written agree ment accepts and approves the same, all or a portion of a taxing district's capital costs resulting from the r edevelopment project necessarily incurred or to be incur red within a taxing district in furtherance of the o bjectives of the redevelopment plan and project; (7.5) For redevelopment project areas designated (o r redevelopment project areas amended to add or increase th e number of tax-increment-financing assisted ho using units) on or after November 1, 1999, an elementary, secondary, o r unit school district's increased costs attributable to as sisted housing units located within the redevelopment p roject area for which the developer or redeveloper recei ves financial assistance through an agreement with t he municipality or because the municipality incurs the c ost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for th e completion of that housing as authorized by this Act, and which costs shall be paid by the municipality from the Sp ecial Tax Allocation Fund when the tax increment revenu e is received as a result of the assisted housing units and shall be calculated annually as follows: (A) for foundation districts, excluding any s chool district in a municipality with a population in excess of 1,000,000, by multiplying the district's increase in a ttendance resulting from the net increase in new stud ents enrolled in that school district who reside in h ousing units within the redevelopment project area th at have received financial assistance through an agreem ent with the municipality or because the municipali ty incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that ho using as authorized by this Act since the designation o f the redevelopment project area by the most recently available per capita tuition cost as define d in Section 10-20.12a of the School Code les s any increase in general State aid as defined in Section 1 8-8.05 of the School Code or evidence-based funding as defined in Section 18-8.15 of the School Code attributable to these added new students subject to the following annual limitations: (i) for unit school districts with a di strict average 1995-96 Per Capita Tuition Charge of less t han $5,900, no more than 25% of the total amount of prop erty tax increment revenue produced by those housi ng units that have received tax increment fina nce assistance under this Act; (ii) for elementary school districts wi th a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 17% of the total amount of property tax increment revenue produced by thos e housing units that have received tax increment f inance assistance under this Act; and (iii) for secondary school districts wi th a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 8% of the total amount of property tax increment revenue produced by thos e housing units that have received tax increment f inance assistance under this Act. (B) For alternate method districts, flat gran t districts, and foundation districts with a district avera ge 1995-96 Per Capita Tuition Charge equal to or more than $5,900, excluding any school district with a po pulation in excess of 1,000,000, by multiplying the dis trict's increase in attendance resulting from the net increase in new students enrolled in that school dist rict who reside in housing units within the redevelop ment project area that have received financial a ssistance through an agreement with the munici pality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the com pletion of that housing as authorized by this Act sinc e the designation of the redevelopment project area b y the most recently available per capita tuition co st as defined in Section 10-20.12a of the School Code less any increase in general state aid as defined in Section 18-8.05 of the School Code or evidence-based funding as defined in Section 18-8.15 of the School Code attributable to these added new studen ts subject to the following annual limitations: (i) for unit school districts, no more than 40% of the total amount of property tax increment revenue produced by those housing units that have receive d tax increment finance assistance under this Act;

(ii) for elementary school districts, n o more than 27% of the total amount of property tax increment re venue produced by those housing units that ha ve received tax increment finance assistance under this Act; and (iii) for secondary school districts, n o more than 13% of the total amount of property tax increment re venue produced by those housing units that ha ve received tax increment finance assistance under this Act. (C) For any school district in a municipality with a population in excess of 1,000,000, the following restri ctions shall apply to the reimbursement of increase d costs under this paragraph (7.5): (i) no increased costs shall be reimbur sed unless the school district certifies that each of the sch ools affected by the assisted housing project is a t or over its student capacity; (ii) the amount reimbursable shall be r educed by the value of any land donated to the school district b y the municipality or developer, and by the val ue of any physical improvements made to the school s by the municipality or developer; and (iii) the amount reimbursed may not aff ect amounts otherwise obligated by the terms of any bonds, no tes, or other funding instruments, or the terms of any redevelopment agreement. Any school district seeking payment under this para graph (7.5) shall, after July 1 and before September 30 of each year, provide the municipality with reasonable evidence to support its claim for reimbur sement before the municipality shall be required t o approve or make the payment to the school dis trict. If the school district fails to provide the inf ormation during this period in any year, it shall forf eit any claim to reimbursement for that year. School districts may adopt a resolution waiving the right to all or a portion of the reimbursement otherwise required by this paragraph (7.5). By acceptance of this reimbursement the school district waiv es the right to directly or indirectly set aside, mod ify, or contest in any manner the establishment of the redevelopment project area or projects; (7.7) For redevelopment project areas designated (o r redevelopment project areas amended to add or increase th e number of tax-increment-financing assisted ho using units) on or after January 1, 2005 (the effective date of Public Act 93-961), a public library district's increased costs attributable to assisted housing units located within the redevelopment project area for which the developer or red eveloper receives financial assistance through an agre ement with the municipality or because the municipali ty incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housin g sites necessary for the completion of that housing as aut horized by this Act shall be paid to the library distr ict by the municipality from the Special Tax Allocat ion Fund when the tax increment revenue is receive d as a result of the assisted housing units. This paragraph (7.7) applies only if (i) the library district is located in a county that is subject to the Property Tax Extension Limitation Law or (ii) the library district is not locate d in a county that is subject to the Property Tax Extension Limitation Law but the district is prohibited by any othe r law from increasing its tax levy rate without a prior vot er referendum. The amount paid to a library district under this pa ragraph (7.7) shall be calculated by multiplying (i) th e net increase in the number of persons eligible to obtain a library card in that district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the munici pality or because the municipality incurs the cost of necessary infrastructure improvements within the bound aries of the housing sites necessary for the complet ion of that housing as authorized by this Act sinc e the designation of the redevelopment project area by (ii) the per-patron cost of providing library services s o long as it does not exceed $120. The per-patron cost sha ll be the Total Operating Expenditures Per Capita for the libra ry in the previous fiscal year. The municipality may deduct from the amount that it must pay to a library dist rict under this paragraph any amount that it has volu ntarily paid to the library district from the tax inc rement revenue. The amount paid to a library district under this paragraph (7.7) shall be no more than 2% of th e amount produced by the assisted housing units and deposit ed into the Special Tax Allocation Fund. A library district is not eligible for any payment under this paragraph (7.7) unless the library district ha s experienced an increase in the number of patrons from the municipality that created the tax-increment-f inancing district since the designation of the redevelopment proje ct area. Any libr ary district seeking payment under this par agraph (7.7) shall, after July 1 and before September 30 of each year, provide the municipality with convincing evidence to support its claim for reimbursement before th e municipality shall be required to approve or make the pay ment to the library district. If the library district fails to provide the information during this period in an y year, it shall forfeit any claim to reimbursement for tha t year. Library districts may adopt a resolution waiving th e right to all or a portion of the reimbursement otherwise required by this paragraph (7.7). By acceptance of such r eimbursement, the library district shall forfeit any rig ht to directly or indirectly set aside, modify, or con test in any manner whatsoever the establishment of the redevelopment project area or projects; (8) Relocation costs to the extent that a municipal ity determines that relocation costs shall be paid or is requ ired to make payment of relocation costs by federal o r State law or in order to satisfy subparagraph (7) of subs ection (n); (9) Pa yment in lieu of taxes; (10) Costs of job training, retraining, advanced vo cational education or career education, including but n ot limited to courses in occupational, semi-techni cal or technical fields leading directly to employment, incurred by one or more taxing districts, provided that such costs (i) are related to the establishment and maintenance of a dditional job training, advanced vocational education or career education programs for persons employed or to be e mployed by employers located in a redevelopment project area; and (ii) when incurred by a taxing district or taxi ng districts other than the municipality, are set for th in a written agreement by or among the municipality and the taxing district or taxing districts, which agreem ent describes the program to be undertaken, includi ng but not limited to the number of employees to b e trained, a description of the training and services to be provided, the number and type of positions available or t o be available, itemized costs of the program and sources o f funds to pay for the same, and the term of the agreement. Such costs include, specifically, the payment by communit y college districts of costs pursuant to Sections 3-3 7, 3-38, 3-40 and 3-40.1 of the Public Com munity College Act and by school districts of costs pursuant to Sections 10-22.20a and 10-23.3a of the School Code; (11) Interest cost incurred by a redeveloper relate d to the construction, renovation or rehabilitation of a re development project provided that: (A) such costs are to be paid directly from t he special tax allocation fund established pursuant to this Act; (B) su ch payments in any one year may not exc eed 30% of the annual interest costs incurred by the redevelo per with regard to the redevelopment project duri ng that year; (C) if there are not sufficient funds availab le in the special tax allocation fund to make the payment pursu ant to this paragraph (11) then the amounts so due s hall accrue and be payable when sufficient funds are available in the special tax allocation fund; (D) the total of such interest payments paid pursuant to this Act may not exceed 30% of the total (i) cost paid or incurred by the redeveloper for the rede velopment project plus (ii) redevelopment project cos ts excluding any property assembly costs and any reloc ation costs incurred by a municipality pursuant to t his Act; (E) the cost limits set forth in subparagraph s (B) and (D) of paragraph (11) shall be modified for the finan cing of rehabilitated or new housing units for low-income households and very low-income hou seholds, as defined in Section 3 of the Illinois Affordable Housin g Act. The percentage of 75% shall be substituted f or 30% in subparagraphs (B) and (D) of parag raph (11); and (F) instead of the eligible costs provided by subparagraphs (B) and (D) of paragraph (11), as modified by this subparagraph, and notwithstanding any ot her provisions of this Act to the contrary, the municip ality may pay from tax increment revenues up to 50 % of the cost of construction of new housing units to b e occupied by low-income households and very low-income households as defined in Section 3 of th e Illinois Affordable Housing Act. The cost of construction of those units may be derived from the proce eds of bonds issued by the municipality under this A ct or other constitutional or statutory authority o r from other sources of municipal revenue that may be reimbursed from tax increment revenues or the proceeds of bonds issued to finance the construction of that housing. The eligible costs provided under this subpar agraph (F) of paragraph (11) shall be an eligible c ost for the construction, renovation, and rehab ilitation of all low and very low-income housi ng units, as defined in Section 3 of the Illinois Affordable Housing Act, within the redevelopment project area. If the low and very low-income units are part of a residential redevelopment project that includes units not affordable to low and very low-i ncome households, only the low and very low-income units shall be eligible for benefits und er this subparagraph (F) of paragraph (11). The standards fo r maintaining the occupancy by low-income househo lds and very low-income households, as defined in Secti on 3 of the Illinois Affordable Housing Act, of those units constructed with eligible costs made available unde r the provisions of this subparagraph (F) of paragrap h (11) shall be established by guidelines adopted by the municipality. The responsibility for annua lly documenting the initial occupancy of the units b y low-income households and very low-i ncome households, as defined in Section 3 of the Illinois Affor dable Housing Act, shall be that of the then current owner of the property. For ownership units, the g uidelines will provide, at a minimum, for a reasonab le recapture of funds, or other appropriate metho ds designed to preserve the original affordability o f the ownership units. For rental units, t he guidelines will provide, at a minimum, for the affordability of rent to low and very low-incom e households. As units become available, they shall be rent ed to income-eligible tenants. The municipality may modify these guidelines from time to time; the guidel ines, however, shall be in effect for as long as ta x increment revenue is being used to pay for costs asso ciated with the units or for the retirement of bonds issued to finance the units or for the life of the redevelopment project area, whichever is later; (11.5) If the redevelopment project area is located within a municipality with a population of more than 100, 000, the cost of child day care services for children of employees from low-income families working for b usinesses located within the redevelopment project area and all or a portion of the cost of operation of child day care centers established by redevelopment project area bu sinesses to serve employees from low-income famil ies working in businesses located in the redevelopment projec t area. For the purposes of this paragraph, "low-inco me families" means families whose annual income does not exc eed 80% of the municipal, county, or regional median i ncome, adjusted for family size, as the annual income an d municipal, county, or regional median income are determin ed from time to time by the United States Departm ent of Housing and Urban Development. (12) Costs relating to the development of urban agr icultural areas under Division 15.2 of the Illinois Mu nicipal Code. Unless expl icitly stated herein the cost of construction of new privately owned buildings shall not be an eligible redevelopment project cost.

After November 1, 1999 (the effective date of Public Act 91-478), none of the redevelopment project costs en umerated in this subsection shall be eligible redevelopment project c osts if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while terminating operations at another Illi nois location within 10 miles of the redevelopment project are a but outside the boundaries of the redevelopment project area municipality. For purposes of this paragraph, termination means a closing of a retail operation that is directly re lated to the opening of the same operation or like retail entit y owned or operated by more than 50% of the original owners hip in a redevelopment project area, but it does not mean closin g an operation for reasons beyond the control of the retail en tity, as documented by the retail entity, subject to a reasonab le finding by the municipality that the current location con tained inadequate space, had become economically obsol ete, or was no longer a viable location for the retailer or se rviceman. No cost shall be a redevelopment project cost in a redeve lopment project area if used to demolish, remove, o r substantially modify a historic resource, after August 26 , 2008 (the effective date of Public Act 95-934), unl ess no prudent and feasible alternative exists. "Historic resour ce" for the purpose of this paragraph means (i) a place or st ructure that is included or eligible for inclusion on t he National Register of Historic Places or (ii) a contributi ng structure in a district on the National Register of Histo ric Places. This paragraph does not apply to a place or struc ture for which demolition, removal, or modification is subject to review by the preservation agency of a Certified Local Go vernment designated as such by the National Park Servic e of the United States Department of the Interior. If a special service area has been established pursuant t o the Special Service Area Tax Act or Special Service Area Tax Law, then any tax increment revenues derived from the tax imposed pursuant to the Special Service Area Tax Act or S pecial Service Area Tax Law may be used within the redev elopment project area for the purposes permitted by that Act or Law as well as the purposes permitted by this Act.

(q-1) For redevelopment project areas created pursu ant to subsection (p-1), redevelopment project costs are l imited to those costs in paragraph (q) that are related to the exis ting or proposed Northern Illinois Transit Authority Suburban Transit Access Route (STAR Line) station. (q-2) For a transit facility improvement area estab lished prior to, on, or after the effective date of this amendat ory Act of the 102nd General Assembly: (i) "redevelopment pro ject costs" means those costs described in subsection (q) that are related to the construction, reconstruction, rehabilitati on, remodeling, or repair of any existing or proposed transit facility, whether that facility is located within or outs ide the boundaries of a redevelopment project area establishe d within that transit facility improvement area (and, to th e extent a redevelopment project cost is described in subse ction (q) as incurred or estimated to be incurred with respect to a redevelopment project area, then it shall apply with resp ect to such transit facility improvement area); and (ii) the provisions of Section 11-74.4-8 regarding tax increment allocation financing for a redevelopment project area loc ated in a transit facility improvement area shall apply only t o the lots, blocks, tracts and parcels of real property that ar e located within the boundaries of that redevelopment proje ct area and not to the lots, blocks, tracts, and parcels of real property that are located outside the boundaries of that redevelopment project area. (r) "State Sales Tax Boundary" means the redevelopment pr oject area or the amended redevelopment project area bo undaries which are determined pursuant to subsection (9 ) of Section 11-74.4-8a of this Act. The Departmen t of Revenue shall certify pursuant to subsection (9) of Section 11-74.4-8a the appropriate boundaries eligible for the determination of State Sales Tax Increment. (s) "State S ales Tax Increment" means an amount equal to the increase in the aggregate amount of taxes paid by ret ailers and servicemen, other than retailers and servic emen subject to the Public Utilities Act, on transactions at p laces of business located within a State Sales Tax Boundary pur suant to the Retailers' Occupation Tax Act, the Use Tax Act, th e Service Use Tax Act, and the Service Occupation Tax Act, except such portion of such increase that is paid into th e State and Local Sales Tax Reform Fund, the Local Governme nt Distributive Fund, the Local Government Tax Fund and the County and Mass Transit District Fund, for as long as Sta te participation exists, over and above the Initial Sales Ta x Amounts, Adjusted Initial Sales Tax Amounts or the Revise d Initial Sales Tax Amounts for such taxes as certified by the Department of Revenue and paid under those Acts by retail ers and servicemen on transactions at places of business loca ted within the State Sales Tax Boundary during the base year which shall be the calendar year immediately prior to the year in which the municipality adopted tax increment allocation f inancing, less 3.0% of such amounts generated under the Retailers' Occupation Tax Act, Use Tax Act and Service Us e Tax Act and the Service Occupation Tax Act, which sum shall b e appropriated to the Department of Revenue to cover its co sts of administering and enforcing this Section. For purposes of computing the aggregate amount of such taxes for base yea rs occurring prior to 1985, the Department of Revenue shall compute the Initial Sales Tax Amount for such taxes and d educt therefrom an amount equal to 4% of the aggregate amount o f taxes per year for each year the base year is prior to 19 85, but not to exceed a total deduction of 12%. The amount so determined shall be known as the "Adjusted Initial Sales Tax Amount". For purposes of determining the State Sales Tax Increment the Department of Revenue shall for each period subtract from the tax amounts received from retailers and servicemen on transactions located in the State Sales Tax Boundary, the certified Initial Sales Tax Amounts, Adjust ed Initial Sales Tax Amounts or Revised Initial Sales Tax Am ounts for the Retailers' Occupation Tax Act, the Use Tax Act, t he Service Use Tax Act and the Service Occupation Tax Act. F or the State Fiscal Year 1989 this calculation shall be made by utilizing the calendar year 1987 to determine the tax amo unts received. For the State Fiscal Year 1990, this calculatio n shall be made by utilizing the period from January 1, 198 8, until September 30, 1988, to determine the tax amounts re ceived from retailers and servicemen, which shall have deducted therefrom nine-twelfths of the certified I nitial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate. For the State Fiscal Year 1991, this calculation shall be made by utilizing the period from October 1, 1988, until June 30, 1989, to determine the tax amounts received from retailer s and servicemen, which shall have deducted therefrom nine-twelfths of the certified Initial State Sales Tax Amounts, Adjuste d Initial Sales Tax Amounts or the Revised Initial Sales Ta x Amounts as appropriate. For every State Fiscal Year there after, the applicable period shall be the 12 months beginning July 1 and ending on June 30, to determine the tax amounts received which shall have deducted therefrom the certified Initial Sales Tax Amounts, Adjusted Initial Sal es Tax Amounts or the Revised Initial Sales Tax Amounts. Mun icipalities intending to receive a distribution of Sta te Sales Tax Increment must report a list of retailers to th e Department of Revenue by October 31, 1988 and by July 31, of each year thereafter. (t) "Taxing distr icts" means counties, townships, cities and incorporated towns and villages, school, road, park, sanitary, mosquito abatement, forest preserve, public hea lth, fire protection, river conservancy, tuberculosis sanitari um and any other municipal corporations or districts with th e power to levy taxes. (u) "Taxing distri cts' capital costs" means those costs o f taxing districts for capital improvements that are found by the municipal corporate authorities to be necessary and d irectly result from the redevelopment project. (v) As used in subsection (a) of Section 11-74.4-3 of this Act, "vacant land" means any parcel or combination of par cels of real property without industrial, commercial, and resi dential buildings which has not been used for commerc ial agricultural purposes within 5 years prior to the designa tion of the redevelopment project area, unless the parcel is i ncluded in an industrial park conservation area or the p arcel has been subdivided; provided that if the parcel was part of a larger tract that has been divided into 3 or more smaller tracts that were accepted for recording during the period from 1950 to 1990, then the parcel shall be deemed to have bee n subdivided, and all proceedings and actions of the munici pality taken in that connection with respect to any previously approved or designated redevelopment project a rea or amended redevelopment project area are hereby validate d and hereby declared to be legally sufficient for all purposes of this Act. For purposes of this Section and only for land subject to the subdivision requirements of the Plat Act, land is subdivided when the original plat of the proposed Rede velopment Project Area or relevant portion thereof ha s been properly certified, acknowledged, approved, and reco rded or filed in accordance with the Plat Act and a preliminar y plat, if any, for any subsequent phases of the proposed R edevelopment Project Area or relevant portion thereof ha s been properly approved and filed in accordance with the a pplicable ordinance of the municipality. (w) "Annual Total Increment" means the sum of each munici pality's annual Net Sales Tax Increment and each mu nicipality's annual Net Utility Tax Increment. The rati o of the Annual Total Increment of each municipality to the An nual Total Increment for all municipalities, as most recently calculated by the Department, shall determine the proport ional shares of the Illinois Tax Increment Fund to be distribut ed to each municipality. (x) "LEED certified" means any certification level of con struction elements by a qualified Leadership in Energy and Environmental Design Accredited Professional as determine d by the U.S. Green Building Council. (y) "G reen Globes certified" means any certification leve l of construction elements by a qualified Green Globes Prof essional as determined by the Green Building Initiati ve.(Source: P.A. 104-457, eff. 6-1-26.) (65 ILCS 5/11-80-15) (fro

m Ch. 24, par. 11-80-15) Sec. 11-80-15. S treet advertising; adult entertainment advertising. ( a) The corporate authorities of each municipality may li cense street advertising by means of billboards, sign b oards, and signs and may regulate the character and cont rol the location of billboards, sign boards, and signs upon v acant property and upon buildings. (b) The co rporate authorities of each municipality may fu rther regulate the character and control the location o f adult entertainment advertising placed on billboards, sig n boards, and signs upon vacant property and upon buildings that are within 1,000 feet of the property boundaries of schoo ls, child day care centers , cemeteries, public parks, and places of religious worship. For the purposes of this subsection, "adult entertainment " means entertainment provided by an adult bookstore, strip tease club, or pornographic movie theater whose business is the commercial sale, dissemination, or distribution of sexual ly explicit materials, shows, or other exhibitions.(Source: P.A. 89-605, eff. 8-2-96.) Section 90. The River Edge Redevelopme nt Zone Act is amended by changing Section 10-8 as follows:

(65 ILCS 115/10-8) Sec. 10-8. Zone Admini stration. The administration of a River Edge Redevelopment Zone shall be under the jurisdic tion of the designating municipality. Each designating municip ality shall, by ordinance, designate a Zone Administrator for t he certified zones within its jurisdiction. A Zone Administr ator must be an officer or employee of the municipality. The Z one Administrator shall be the liaison between the designatin g municipality, the Department, and any designated zone org anizations within zones under his or her jurisdiction.

A designating municipality may designate one or more orga nizations to be a designated zone organization, as de fined under Section 10-3. The municipality, may, by ordin ance, delegate functions within a River Edge Redevelopment Zone to one or more designated zone organizations in such zones. Subject to the necessary governmental authorizations, des ignated zone organizations may, in coordination with t he municipality, provide or contract for provision of public services including, but not limited to: (1) crime-watch patrols within zone neighborh oods; (2) volunteer child care day-care centers; (3) recreational activities for zone-area you th; (4) garbage collection; (5) street maintenance and improvements; (6) bridge maintenance and improvements; (7) maintenance and improvement of water and sewer lines; (8) energy cons ervation projects; (9) health and clinic services; (10) drug abuse programs; (11) senior citizen assistance programs; (12) park maintenance; (13) rehabilitation, renovation, and operation and maintenance of low and moderate income housing; and (14) other types of public services as provided by law or regulation.(Source: P.A. 94-1021, eff. 7-12-06.) Section 95. The School Code is amended by changing Sections 2-3.66, 10-22.18b, 10-22.18c, and 34-18.4 as follows: (105 ILCS 5/2-3.66) (from Ch. 1

22, par. 2-3.66) Sec. 2-3.66. Truants' alternative and optional education programs. To establish projects to offer modified instructional programs or other services designed to prev ent students from dropping out of school, including programs pursuant to Section 2-3.41, and to serve as a part time or full time option in lieu of regular school attendance and to a ward grants to local school districts, educational service reg ions or community college districts from appropriated funds to assist districts in establishing such projects. The educa tion agency may operate its own program or enter into a contra ct with another not-for-profit entity to impleme nt the program. The projects shall allow dropouts, up to and including ag e 21, potential dropouts, including truants, uninvolved, unmoti vated and disaffected students, as defined by State Board of Ed ucation rules and regulations, to enroll, as an alterna tive to regular school attendance, in an optional education pr ogram which may be established by school board policy and is in conformance with rules adopted by the State Board of Educ ation. Truants' Alternative and Optional Education pr ograms funded pursuant to this Section shall be planned by a student, the student's parents or legal guardians, unless the student is 18 years or older, and school officials and sh all culminate in an individualized optional education plan. S uch plan shall focus on academic or vocational skills, or bot h, and may include, but not be limited to, evening school, s ummer school, community college courses, adult education, prepa ration courses for high school equivalency testing, vocational training, work experience, programs to enhance self concept and parenting courses. School districts which are awarded grants pursuant to this Section shall be authoriz ed to provide child day care services to children of students who are eligible and desire to enroll in programs established and funded under this Section, but only if and to the extent that such child day care is necessary to enable those eligible students to attend and participate in the programs and co urses which are conducted pursuant to this Section. School dist ricts and regional offices of education may claim general State aid under Section 18-8.05 or evidence-based fundi ng under Section 18-8.15 for students enrolled in truants' alternati ve and optional education programs, provided that such students are receiving services that are supplemental to a program lea ding to a high school diploma and are otherwise eligible to be claimed for general State aid under Section 18-8.05 or evidence-based funding under Section 18-8.15, as applicable.(Source: P.A. 100-465, eff. 8-31-17.) (105 ILCS 5/10-22.18b) (from Ch

. 122, par. 10-22.18b) Sec. 10-22.18b. Before and after school programs. To develop and maintain before school and after school progr ams for students in kindergarten through the 6th grade. Such programs may include time for homework, physical exercise , afternoon nutritional snacks and educational offerings wh ich are in addition to those offered during the regular schoo l day. The chief administrator in each district shall be a certified teacher or a person who meets the requirements for supervising a child day care center under the Child Care Act of 1969. Individual programs shall be coordinated by certifi ed teachers or by persons who meet the requirements for supe rvising a child day care center under the Child Care Act of 1969. Additional employees who are not so qualified may a lso be employed for such programs. The sche dule of these programs may follow the work calend ar of the local community rather than the regular s chool calendar. Parents or guardians of the participating stude nts shall be responsible for providing transportation for the students to and from the programs. The school board may c harge parents of participating students a fee, not to exceed th e actual cost of such before and after school programs.(Source: P.A. 83-639.) (105 ILCS 5/10-22.18c) (from Ch

. 122, par. 10-22.18c) Sec. 10-22.18c. Model child day care services program. Local school districts may establish, in cooperation with the State Board of Education, a model program for the provisi on of child day care service s in a school. The program shall be administered by the local school district and shall be fu nded from monies available from private and public sources. St udent parents shall not be charged a fee for the child

day care services; school personnel also may utilize the services, but shall be charged a fee. The program shall be supervised b y a trained child care professional who is qualified to teach students parenting skills. As part of the program, the sc hool shall offer a course in child behavior in which students shall receive course credits for helping to care for the childr en in the program while learning parenting skills. The State Bo ard of Education shall evaluate the programs' effectiveness i n reducing school absenteeism and dropouts among teenage pa rents and shall report to the General Assembly concerning its f indings after the program has been in operation for 2 ye ars.(Source: P.A. 85-769.) (105 ILCS 5/34-18.4) (from Ch.

122, par. 34-18.4) Sec. 34-18.4. Before a nd after school programs. The Board of Education may develop and maintain before school and a fter school programs for students in kindergarten through the 6th grade. Such programs may include time for homework, physi cal exercise, afternoon nutritional snacks and educational of ferings which are in addition to those offered during t he regular school day. The chief administrator in each distr ict shall be a certified teacher or a person who meets the re quirements for supervising a child day care center under the Child Care Act of 1969. Individual programs shall be coor dinated by certified teachers or by persons who meet the requirements for supervising a child day care center under the Child Care Act of 1969. Additional employees who are not so qualified may also be employed for such programs. The schedule of these programs may follow the work calend ar of the local community rather than the regular s chool calendar. Parents or guardians of the participating stude nts shall be responsible for providing transportation for the students to and from the programs. The school board may c harge parents of participating students a fee, not to exceed th e actual cost of such before and after school programs.(Source: P.A. 83-639.) Section 100. The Illinois School Stude nt Records Act is amended by changing Section 2 as follows: (105 ILCS 10/2) (from Ch. 122, par. 5

0-2) (Text of Section before amendment by P.A. 104-356) Sec. 2. As used in th is Act: (a) "Student" means any person enrolled or previously enr olled in a school. (b) "School" mean s any public preschool, day care center, kindergarten, nursery, elementary or secondary educationa l institution, vocational school, special educational facil ity or any other elementary or secondary educational agency o r institution and any person, agency or institution which m aintains school student records from more than one schoo l, but does not include a private or non-public school . (c) "State Board" means the State Board of Education. (d) "School Student Record" means any writing or other re corded information concerning a student and by which a student may be individually identified, maintained by a s chool or at its direction or by an employee of a school, regard less of how or where the information is stored. The following shall not be deemed school student records under this Act: writ ings or other recorded information maintained by an employee o f a school or other person at the direction of a school for h is or her exclusive use; provided that all such writings and ot her recorded information are destroyed not later than the stu dent's graduation or permanent withdrawal from the sch ool; and provided further that no such records or recorded inf ormation may be released or disclosed to any person ex cept a person designated by the school as a substitute unless they are first incorporated in a school student record and mad e subject to all of the provisions of this Act. School stud ent records shall not include information maintained by law e nforcement professionals working in the school. (e) "Student Permanent Record" means the minimum personal information necessary to a school in the education of the student and contained in a school student record. Such in formation may include the student's name, birth date, a ddress, grades and grade level, parents' names and addre sses, attendance records, and such other entries as the State B oard may require or authorize. (f) "Student Temporary Record" means all information cont ained in a school student record but not contained in the student permanent record. Such information may include fa mily background information, intelligence test scores, aptitud e test scores, psychological and personality test results, teacher evaluations, and other information of clear relev ance to the education of the student, all subject to regulatio ns of the State Board. The information shall include all of the following: (1) Informa tion provided under Section 8.6 of the A bused and Neglected Child Reporting Act and information contained in service logs maintained by a local education agency under subsection (d) of Section 14-8.02f of the School Code. (2) Info rmation regarding serious disciplinary infr actions that resulted in expulsion, suspension, or th e imposition of punishment or sanction. For purposes of thi s provision, serious disciplinary infractions means: infrac tions involving drugs, weapons, or bodily harm to a nother. (3) Informati on concerning a student's status and r elated experiences as a parent, expectant parent, or vic tim of domestic or sexual violence, as defined in Arti cle 26A of the School Code, including a statement of the student or any other documentation, record, or corrob orating evidence and the fact that the student has requested or obtained assistance, support, or services re lated to that status. Enforcement of this paragraph (3) shall follow the procedures provided in Section 26A-40 of the School Code. (g) "Parent" means a person who is the natural parent of the student or other person who has the primary responsib ility for the care and upbringing of the student. All rights an d privileges accorded to a parent under this Act shall beco me exclusively those of the student upon his 18th birthday, graduation from secondary school, marriage or entry into military service, whichever occurs first. Such rights and privileges may also be exercised by the student at any ti me with respect to the student's permanent school record. (h) "Department" means the Department of Children and Fam ily Services. (Source: P.A. 101-5 15, eff. 8-23-19; 10 2-199, eff. 7-1-22; 102-466, eff. 7-1-25; 102-558, ef f. 8-20-21; 102-813, eff. 5-13-22.) ( Text of Section after amendment by P.A. 104-356) Sec. 2. As used in th is Act: (a) "Student" means any person enrolled or previously enr olled in a school. (b) "School" mean s any public preschool, child day care center, kindergarten, nursery, elementary or secondary ed ucational institution, vocational school, special educa tional facility or any other elementary or secondary educational agency or institution and any person, agency or institution which maintains school student records from m ore than one school, but does not include a private or non-public school. (c) "State Board" means the Sta te Board of Education. (d) "School Student Record" means any writing or other re corded information concerning a student and by which a student may be individually identified, maintained by a s chool or at its direction or by an employee of a school, regard less of how or where the information is stored. The following shall not be deemed school student records under this Act: writ ings or other recorded information maintained by an employee o f a school or other person at the direction of a school for h is or her exclusive use; provided that all such writings and ot her recorded information are destroyed not later than the stu dent's graduation or permanent withdrawal from the sch ool; and provided further that no such records or recorded inf ormation may be released or disclosed to any person ex cept a person designated by the school as a substitute unless they are first incorporated in a school student record and mad e subject to all of the provisions of this Act. School stud ent records shall not include information maintained by law e nforcement professionals working in the school. (e) "Student Permanent Record" means the minimum personal information necessary to a school in the education of the student and contained in a school student record. Such in formation may include the student's name, birth date, a ddress, grades and grade level; parents' or guardians' n ames and addresses, attendance records; a summary of performan ce for students that received special education services; an d such other entries as the State Board may require or auth orize. A summary of performance shall be substantiall y similar to the summary of performance form developed by t he State Board. Any summary of performance maintained as par t of a Student Permanent Record shall be kept confidential and not be disclosed except as authorized by paragraph (1) or (14 ) of subsection (a) of Section 6. A summary of performance may be excluded from a Student Permanent Record if, after being notified in writing that (i) school districts do not keep special education records beyond 5 years and (ii) if a su mmary of performance record is not kept in a student's permanen t file, the student may not have the documentation necessar y to qualify for State or federal benefits in the future, the student and parents or guardians consent in writing to th e exclusion of a summary of performance. (f) "Student Temporary Record" means all information cont ained in a school student record but not contained in the student permanent record. Such information may include fa mily background information, intelligence test scores, aptitud e test scores, psychological and personality test results, teacher evaluations, and other information of clear relev ance to the education of the student, all subject to regulatio ns of the State Board. The information shall include all of the following: (1) Informa tion provided under Section 8.6 of the A bused and Neglected Child Reporting Act and information contained in service logs maintained by a local education agency under subsection (d) of Section 14-8.02f of the School Code. (2) Info rmation regarding serious disciplinary infr actions that resulted in expulsion, suspension, or th e imposition of punishment or sanction. For purposes of thi s provision, serious disciplinary infractions means: infrac tions involving drugs, weapons, or bodily harm to a nother. (3) Informati on concerning a student's status and r elated experiences as a parent, expectant parent, or vic tim of domestic or sexual violence, as defined in Arti cle 26A of the School Code, including a statement of the student or any other documentation, record, or corrob orating evidence and the fact that the student has requested or obtained assistance, support, or services re lated to that status. Enforcement of this paragraph (3) shall follow the procedures provided in Section 26A-40 of the School Code. (g) "Parent" means a person who is the natural parent of the student or other person who has the primary responsib ility for the care and upbringing of the student. All rights an d privileges accorded to a parent under this Act shall beco me exclusively those of the student upon his 18th birthday, graduation from secondary school, marriage or entry into military service, whichever occurs first. Such rights and privileges may also be exercised by the student at any ti me with respect to the student's permanent school record. (h) "Department" means the Department of Children and Fam ily Services. (Source: P.A. 104-3 56, eff. 7-1-26.) Section 105. The University of Illinoi s Act is amended by changing Section 1d as follows: (110 ILCS 305/1d) (from Ch. 144, par.

22d) Sec. 1d. Child care services . (a) For the purposes of this Section, "child care service s" means child day care home or center services as defined by the Child Care Act of 1969.

(b) The Board may contract for the provision of child car e services for its employees. The Board may, in accordance with established rules, allow child day care centers to operate in State-owned or leased facilities. Such chi ld day care centers shall be primarily for use by State employees of the univ ersity but use by non-employees may be allowed.

Where the Board enters into a contract to construct, acqu ire or lease all or a substantial portion of a buildi ng, in which more than 50 persons shall be employed, other than a renewal of an existing lease, after July 1, 1992, and whe re a need has been demonstrated, according to subsection (c), on-site child care services shall be provided for e mployees of the university. The Board shall impleme nt this Section and shall promulga te all rules and regulations necessary for this p urpose. By April 1, 1993, the Board shall propose rules setting forth the standards and criteria, including need and feasibility, for determining if on-site child care services shall be provided. The Board shall consult with the Depar tment of Children and Family Services in defining standards for child care service centers established pursuant to this S ection to ensure compliance with the Child Care Act of 1 969. The Board shall establish a schedule of fees that shall b e charged for child care services under this Section. The s chedule shall be established so that charges for service are based on the actual cost of care. Except as otherwise pro vided by law for employees who may qualify for public assistanc e or social services due to indigency or family circumstance, each employee obtaining child care services under this Section shall be responsible for full payment of all charges. The Board shall report, on or before December 31, 1993, to th e Governor and the members of the General Assembly, on the feasibility and implementation of a plan for the provisio n of comprehensive child care services. (c) Prior to contracting for child care services, the Boa rd shall determine a need for child care services. Pro of of need may include a survey of university employees as well as a determination of the availability of child care services through other State agencies, or in the community. The Bo ard may also require submission of a feasibility, design and implementation plan, that takes into consideration simila r needs and services of other State universities. The Board shall have the sole responsibility for choosing the successful bidder and overseeing the operation of its child care service program within the guidelines establis hed by the Board. The Board shall promulgate rules under the Illinois Administrative Procedure Act that detail the spe cific standards to be used in the selection of a vendor of chil d care services. The contract shall provide fo r the establishment of or ar rangement for the use of a licensed child day care center or a licensed child day care agency, as defined in the Child Care Act of 1969.(Source: P.A. 87-1019; 8 8-45.) Section 110. The Southern Illinois Uni versity Management Act is amended by changing Section 8b.1 as follows: (110 ILCS 520/8b.1) (from Ch. 144, pa

r. 658b.1) Sec. 8b.1. Child care servic es. (a) For the purposes of this Section, "child care service s" means child day care home or center services as defined by the Child Care Act of 1969.

(b) The Board may contract for the provision of child car e services for its employees. The Board may, in accordance with established rules, allow child day care centers to operate in State-owned or leased facilities. Such chi ld day care centers shall be primarily for use by State employees of the univ ersity but use by non-employees may be allowed.

Where the Board enters into a contract to construct, acqu ire or lease all or a substantial portion of a buildi ng, in which more than 50 persons shall be employed, other than a renewal of an existing lease, after July 1, 1992, and whe re a need has been demonstrated, according to subsection (c), on-site child care services shall be provided for e mployees of the university. The Board shall impleme nt this Section and shall promulga te all rules and regulations necessary for this p urpose. By April 1, 1993, the Board shall propose rules setting forth the standards and criteria, including need and feasibility, for determining if on-site child care services shall be provided. The Board shall consult with the Depar tment of Children and Family Services in defining standards for child care service centers established pursuant to this S ection to ensure compliance with the Child Care Act of 1 969. The Board shall establish a schedule of fees that shall b e charged for child care services under this Section. The s chedule shall be established so that charges for service are based on the actual cost of care. Except as otherwise pro vided by law for employees who may qualify for public assistanc e or social services due to indigency or family circumstance, each employee obtaining child care services under this Section shall be responsible for full payment of all charges. The Board shall report, on or before December 31, 1993, to th e Governor and the members of the General Assembly, on the feasibility and implementation of a plan for the provisio n of comprehensive child care services. (c) Prior to contracting for child care services, the Boa rd shall determine a need for child care services. Pro of of need may include a survey of university employees as well as a determination of the availability of child care services through other State agencies, or in the community. The Bo ard may also require submission of a feasibility, design and implementation plan, that takes into consideration simila r needs and services of other State universities. The Board shall have the sole responsibility for choosing the successful bidder and overseeing the operation of its child care service program within the guidelines establis hed by the Board. The Board shall promulgate rules under the Illinois Administrative Procedure Act that detail the spe cific standards to be used in the selection of a vendor of chil d care services. The contract shall provide fo r the establishment of or ar rangement for the use of a licensed child day care center or a licensed child day care agency, as defined in the Child Care Act of 1969.(Source: P.A. 87-1019; 8 8-45.) Section 115. The Chicago State Univers ity Law is amended by changing Section 5-95 as follows: (110 ILCS 660/5-95)

Sec. 5-95. Child care services. (a) For the purposes of this Section, "child care service s" means child day care home or center services as defined by the Child Care Act of 1969.

(b) The Board may contract for the provision of child car e services for its employees. The Board may, in accordance with established rules, allow child day care centers to operate in State-owned or leased facilities. Such chi ld day care centers shall be primarily for use by State employees of Chicago State University but use by non-employees may be allowed.

Where the Board enters into a contract to construct, acqu ire or lease all or a substantial portion of a buildi ng, in which more than 50 persons shall be employed, other than a renewal of an existing lease, and where a need has been d emonstrated, according to subsection (c), on-site child care services shall be provided for employees of Chicago State University. The Board shall implement t his Section and shall promulga te all rules and regulations necessary for this p urpose. By September 1, 1996, the Board shall propose ru les setting forth the standards and criteria, including need and feasibility, for determining if September child care serv ices shall be provided. The Board shall consult with the Depar tment of Children and Family Services in defining standards for child care service centers established pursuant to this S ection to ensure compliance with the Child Care Act of 1 969. The Board shall establish a schedule of fees that shall b e charged for child care services under this Section. The s chedule shall be established so that charges for service are based on the actual cost of care. Except as otherwise pro vided by law for employees who may qualify for public assistanc e or social services due to indigency or family circumstance, each employee obtaining child care services under this Section shall be responsible for full payment of all charges. The Board shall report, on or before December 31, 1996, to th e Governor and the members of the General Assembly, on the feasibility and implementation of a plan for the provisio n of comprehensive child care services. (c) Prior to contracting for child care services, the Boa rd shall determine a need for child care services. Pro of of need may include a survey of University employees as well as a determination of the availability of child care services through other State agencies, or in the community. The Bo ard may also require submission of a feasibility, design and implementation plan that takes into consideration similar needs and services of other State universities. The Board shall have the sole responsibility for choosing the successful bidder and overseeing the operation of its child care service program within the guidelines establis hed by the Board. The Board shall promulgate rules under the Illinois Administrative Procedure Act that detail the spe cific standards to be used in the selection of a vendor of chil d care services. The contract shall provide fo r the establishment of or ar rangement for the use of a licensed child day care center or a licensed child day care agency, as defined in the Child Care Act of 1969.(Source: P.A. 89-4, eff. 1-1-96.) Section 120. The Eastern Illinois Univ ersity Law is amended by changing Section 10-95 as follows: (110 ILCS 665/10-95) Sec. 10-95. Child care services. (a) For the purposes of this Section, "child care service s" means child day care home or center services as defined by the Child Care Act of 1969.

(b) The Board may contract for the provision of child car e services for its employees. The Board may, in accordance with established rules, allow child day care centers to operate in State-owned or leased facilities. Such chi ld day care centers shall be primarily for use by State employees of Eastern Illinois University but use by non-employees may be allowed. Where the Board enters into a contract to construct, acqu ire or lease all or a substantial portion of a buildi ng, in which more than 50 persons shall be employed, other than a renewal of an existing lease, and where a need has been d emonstrated, according to subsection (c), on-site child care services shall be provided for employees of Eastern Illin ois University. The Board shall implement t his Section and shall promulga te all rules and regulations necessary for this p urpose. By September 1, 1996 the Board shall propose rul es setting forth the standards and criteria, including need and feasibility, for determining if September child care serv ices shall be provided. The Board shall consult with the Depar tment of Children and Family Services in defining standards for child care service centers established pursuant to this S ection to ensure compliance with the Child Care Act of 1 969. The Board shall establish a schedule of fees that shall b e charged for child care services under this Section. The s chedule shall be established so that charges for service are based on the actual cost of care. Except as otherwise pro vided by law for employees who may qualify for public assistanc e or social services due to indigency or family circumstance, each employee obtaining child care services under this Section shall be responsible for full payment of all charges. The Board shall report, on or before December 31, 1996, to th e Governor and the members of the General Assembly, on the feasibility and implementation of a plan for the provisio n of comprehensive child care services. (c) Prior to contracting for child care services, the Boa rd shall determine a need for child care services. Pro of of need may include a survey of University employees as well as a determination of the availability of child care services through other State agencies, or in the community. The Bo ard may also require submission of a feasibility, design and implementation plan that takes into consideration similar needs and services of other State universities. The Board shall have the sole responsibility for choosing the successful bidder and overseeing the operation of its child care service program within the guidelines establis hed by the Board. The Board shall promulgate rules under the Illinois Administrative Procedure Act that detail the spe cific standards to be used in the selection of a vendor of chil d care services. The contract shall provide fo r the establishment of or ar rangement for the use of a licensed child day care center or a licensed child day care agency, as defined in the Child Care Act of 1969.(Source: P.A. 89-4, eff. 1-1-96.) Section 125. The Governors State Unive rsity Law is amended by changing Section 15-95 as follows: (110 ILCS 670/15-95) Sec. 15-95. Child care services. (a) For the purposes of this Section, "child care service s" means child day care home or center services as defined by the Child Care Act of 1969.

(b) The Board may contract for the provision of child car e services for its employees. The Board may, in accordance with established rules, allow child day care centers to operate in State-owned or leased facilities. Such chi ld day care centers shall be primarily for use by State employees of Governor s State University but use by non-employees may be al lowed. Where the Board enters into a contract to construct, acqu ire or lease all or a substantial portion of a buildi ng, in which more than 50 persons shall be employed, other than a renewal of an existing lease, and where a need has been d emonstrated, according to subsection (c), on-site child care services shall be provided for employees of Governors Sta te University. The Board shall implement t his Section and shall promulga te all rules and regulations necessary for this p urpose. By September 1, 1996, the Board shall propose ru les setting forth the standards and criteria, including need and feasibility, for determining if September child care serv ices shall be provided. The Board shall consult with the Depar tment of Children and Family Services in defining standards for child care service centers established pursuant to this S ection to ensure compliance with the Child Care Act of 1 969. The Board shall establish a schedule of fees that shall b e charged for child care services under this Section. The s chedule shall be established so that charges for service are based on the actual cost of care. Except as otherwise pro vided by law for employees who may qualify for public assistanc e or social services due to indigency or family circumstance, each employee obtaining child care services under this Section shall be responsible for full payment of all charges. The Board shall report, on or before December 31, 1996, to th e Governor and the members of the General Assembly, on the feasibility and implementation of a plan for the provisio n of comprehensive child care services. (c) Prior to contracting for child care services, the Boa rd shall determine a need for child care services. Pro of of need may include a survey of University employees as well as a determination of the availability of child care services through other State agencies, or in the community. The Bo ard may also require submission of a feasibility, design and implementation plan that takes into consideration similar needs and services of other State universities. The Board shall have the sole responsibility for choosing the successful bidder and overseeing the operation of its child care service program within the guidelines establis hed by the Board. The Board shall promulgate rules under the Illinois Administrative Procedure Act that detail the spe cific standards to be used in the selection of a vendor of chil d care services. The contract shall provide fo r the establishment of or ar rangement for the use of a licensed child day care center or a licensed child day care agency, as defined in the Child Care Act of 1969.(Source: P.A. 89-4, eff. 1-1-96.) Section 130. The Illinois State Univer sity Law is amended by changing Section 20-95 as follows: (110 ILCS 675/20-95) Sec. 20-95. Child care services. (a) For the purposes of this Section, "child care service s" means child day care home or center services as defined by the Child Care Act of 1969.

(b) The Board may contract for the provision of child car e services for its employees. The Board may, in accordance with established rules, allow child day care centers to operate in State-owned or leased facilities. Such chi ld day care centers shall be primarily for use by State employees of Illinois State University but use by non-employees may be al lowed. Where the Board enters into a contract to construct, acqu ire or lease all or a substantial portion of a buildi ng, in which more than 50 persons shall be employed, other than a renewal of an existing lease, and where a need has been d emonstrated, according to subsection (c), on-site child care services shall be provided for employees of Illinois Stat e University. The Board shall implement t his Section and shall promulga te all rules and regulations necessary for this p urpose. By September 1, 1996, the Board shall propose ru les setting forth the standards and criteria, including need and feasibility, for determining if September child care serv ices shall be provided. The Board shall consult with the Depar tment of Children and Family Services in defining standards for child care service centers established pursuant to this S ection to ensure compliance with the Child Care Act of 1 969. The Board shall establish a schedule of fees that shall b e charged for child care services under this Section. The s chedule shall be established so that charges for service are based on the actual cost of care. Except as otherwise pro vided by law for employees who may qualify for public assistanc e or social services due to indigency or family circumstance, each employee obtaining child care services under this Section shall be responsible for full payment of all charges. The Board shall report, on or before December 31, 1996, to th e Governor and the members of the General Assembly, on the feasibility and implementation of a plan for the provisio n of comprehensive child care services. (c) Prior to contracting for child care services, the Boa rd shall determine a need for child care services. Pro of of need may include a survey of University employees as well as a determination of the availability of child care services through other State agencies, or in the community. The Bo ard may also require submission of a feasibility, design and implementation plan that takes into consideration similar needs and services of other State universities. The Board shall have the sole responsibility for choosing the successful bidder and overseeing the operation of its child care service program within the guidelines establis hed by the Board. The Board shall promulgate rules under the Illinois Administrative Procedure Act that detail the spe cific standards to be used in the selection of a vendor of chil d care services. The contract shall provide fo r the establishment of or ar rangement for the use of a licensed child day care center or a licensed child day care agency, as defined in the Child Care Act of 1969.(Source: P.A. 89-4, eff. 1-1-96.) Section 135. The Northeastern Illinois University Law is amended by changing Section 25-95 as follows: (110 ILCS 680/25-95) Sec. 25-95. Child care services. (a) For the purposes of this Section, "child care service s" means child day care home or center services as defined by the Child Care Act of 1969.

(b) The Board may contract for the provision of child car e services for its employees. The Board may, in accordance with established rules, allow child day care centers to operate in State-owned or leased facilities. Such chi ld day care centers shall be primarily for use by State employees of Northeas tern Illinois University but use by non-employees may be allowed. Where the Board enters into a contract to construct, acqu ire or lease all or a substantial portion of a buildi ng, in which more than 50 persons shall be employed, other than a renewal of an existing lease, and where a need has been d emonstrated, according to subsection (c), on-site child care services shall be provided for employees of Northeastern Illinois University. The Board shall im plement this Section and shall promulga te all rules and regulations necessary for this p urpose. By September 1, 1996, the Board shall propose ru les setting forth the standards and criteria, including need and feasibility, for determining if September child care serv ices shall be provided. The Board shall consult with the Depar tment of Children and Family Services in defining standards for child care service centers established pursuant to this S ection to ensure compliance with the Child Care Act of 1 969. The Board shall establish a schedule of fees that shall b e charged for child care services under this Section. The s chedule shall be established so that charges for service are based on the actual cost of care. Except as otherwise pro vided by law for employees who may qualify for public assistanc e or social services due to indigency or family circumstance, each employee obtaining child care services under this Section shall be responsible for full payment of all charges. The Board shall report, on or before December 31, 1996, to th e Governor and the members of the General Assembly, on the feasibility and implementation of a plan for the provisio n of comprehensive child care services. (c) Prior to contracting for child care services, the Boa rd shall determine a need for child care services. Pro of of need may include a survey of University employees as well as a determination of the availability of child care services through other State agencies, or in the community. The Bo ard may also require submission of a feasibility, design and implementation plan that takes into consideration similar needs and services of other State universities. The Board shall have the sole responsibility for choosing the successful bidder and overseeing the operation of its child care service program within the guidelines establis hed by the Board. The Board shall promulgate rules under the Illinois Administrative Procedure Act that detail the spe cific standards to be used in the selection of a vendor of chil d care services. The contract shall provide fo r the establishment of or ar rangement for the use of a licensed child day care center or a licensed child day care agency, as defined in the Child Care Act of 1969.(Source: P.A. 89-4, eff. 1-1-96.) Section 140. The Northern Illinois Uni versity Law is amended by changing Section 30-95 as follows: (110 ILCS 685/30-95) Sec. 30-95. Child care services. (a) For the purposes of this Section, "child care service s" means child day care home or center services as defined by the Child Care Act of 1969.

(b) The Board may contract for the provision of child car e services for its employees. The Board may, in accordance with established rules, allow child day care centers to operate in State-owned or leased facilities. Such chi ld day care centers shall be primarily for use by State employees of Northern Illinois University but use by non-employees may be allowed. Where the Board enters into a contract to construct, acqu ire or lease all or a substantial portion of a buildi ng, in which more than 50 persons shall be employed, other than a renewal of an existing lease, and where a need has been d emonstrated, according to subsection (c), on-site child care services shall be provided for employees of Northern Illi nois University. The Board shall implement t his Section and shall promulga te all rules and regulations necessary for this p urpose. By September 1, 1996, the Board shall propose ru les setting forth the standards and criteria, including need and feasibility, for determining if September child care serv ices shall be provided. The Board shall consult with the Depar tment of Children and Family Services in defining standards for child care service centers established pursuant to this S ection to ensure compliance with the Child Care Act of 1 969. The Board shall establish a schedule of fees that shall b e charged for child care services under this Section. The s chedule shall be established so that charges for service are based on the actual cost of care. Except as otherwise pro vided by law for employees who may qualify for public assistanc e or social services due to indigency or family circumstance, each employee obtaining child care services under this Section shall be responsible for full payment of all charges. The Board shall report, on or before December 31, 1996, to th e Governor and the members of the General Assembly, on the feasibility and implementation of a plan for the provisio n of comprehensive child care services. (c) Prior to contracting for child care services, the Boa rd shall determine a need for child care services. Pro of of need may include a survey of University employees as well as a determination of the availability of child care services through other State agencies, or in the community. The Bo ard may also require submission of a feasibility, design and implementation plan that takes into consideration similar needs and services of other State universities. The Board shall have the sole responsibility for choosing the successful bidder and overseeing the operation of its child care service program within the guidelines establis hed by the Board. The Board shall promulgate rules under the Illinois Administrative Procedure Act that detail the spe cific standards to be used in the selection of a vendor of chil d care services. The contract shall provide fo r the establishment of or ar rangement for the use of a licensed child day care center or a licensed child day care agency, as defined in the Child Care Act of 1969.(Source: P.A. 89-4, eff. 1-1-96.) Section 145. The Western Illinois Univ ersity Law is amended by changing Section 35-95 as follows: (110 ILCS 690/35-95) Sec. 35-95. Child care services. (a) For the purposes of this Section, "child care service s" means child day care home or center services as defined by the Child Care Act of 1969.

(b) The Board may contract for the provision of child car e services for its employees. The Board may, in accordance with established rules, allow child day care centers to operate in State-owned or leased facilities. Such chi ld day care centers shall be primarily for use by State employees of Western Illinois University but use by non-employees may be allowed. Where the Board enters into a contract to construct, acqu ire or lease all or a substantial portion of a buildi ng, in which more than 50 persons shall be employed, other than a renewal of an existing lease, and where a need has been d emonstrated, according to subsection (c), on-site child care services shall be provided for employees of Western Illin ois University. The Board shall implement t his Section and shall promulga te all rules and regulations necessary for this p urpose. By September 1, 1996, the Board shall propose ru les setting forth the standards and criteria, including need and feasibility, for determining if September child care serv ices shall be provided. The Board shall consult with the Depar tment of Children and Family Services in defining standards for child care service centers established pursuant to this S ection to ensure compliance with the Child Care Act of 1 969. The Board shall establish a schedule of fees that shall b e charged for child care services under this Section. The s chedule shall be established so that charges for service are based on the actual cost of care. Except as otherwise pro vided by law for employees who may qualify for public assistanc e or social services due to indigency or family circumstance, each employee obtaining child care services under this Section shall be responsible for full payment of all charges. The Board shall report, on or before December 31, 1996, to th e Governor and the members of the General Assembly, on the feasibility and implementation of a plan for the provisio n of comprehensive child care services. (c) Prior to contracting for child care services, the Boa rd shall determine a need for child care services. Pro of of need may include a survey of University employees as well as a determination of the availability of child care services through other State agencies, or in the community. The Bo ard may also require submission of a feasibility, design and implementation plan that takes into consideration similar needs and services of other State universities. The Board shall have the sole responsibility for choosing the successful bidder and overseeing the operation of its child care service program within the guidelines establis hed by the Board. The Board shall promulgate rules under the Illinois Administrative Procedure Act that detail the spe cific standards to be used in the selection of a vendor of chil d care services. The contract shall provide fo r the establishment of or ar rangement for the use of a licensed child day care center or a licensed child day care agency, as defined in the Child Care Act of 1969.(Source: P.A. 89-4, eff. 1-1-96.) Section 150. The Alternative Health Ca re Delivery Act is amended by changing Section 35 as follows: (210 ILCS 3/35)

Sec. 35. Alternative health care models authorized. Notwithstanding any other law to the contrary, alternativ e health care models described in this Section may be estab lished on a demonstration basis. (1) (Blank). (2) Alternative health care delivery model; postsur gical recovery care center. A postsurgical recover y care center is a designated site which provides postsurgi cal recovery care for generally healthy patients undergoing surgical procedures that potentially require o vernight nursing care, pain control, or observation that would otherwise be provided in an inpatient setting. Pati ents may be discharged from the postsurgical recovery care center in less than 24 hours if the attending physic ian or the facility's medical director believes the patient has recovered enough to be discharged. A postsurg ical recovery care center is either freestanding or a defined unit of an ambulatory surgical treatment cen ter or hospital. No facility, or portion of a facility , may participate in a demonstration program as a postsurgi cal recovery care center unless the facility has been licensed as an ambulatory surgical treatment center or hospital for at least 2 years before August 20, 1993 ( the effective date of Public Act 88-441). The maxi mum length of stay for patients in a postsurgical recovery ca re center is not to exceed 48 hours unless the treating physician requests an extension of time from the recovery center's medical director on the basis of medical or clin ical documentation that an additional care period is required for the recovery of a patient and the medical di rector approves the extension of time. In no case, howe ver, shall a patient's length of stay in a postsurgic al recovery care center be longer than 72 hours . If a patient requires an additional care period after the expiration of the 72-hour limit, the patient shall be transferred to an appropriate facility. Reports on varian ces from the 24-hour or 48-hour limit s hall be sent to the Department for its evaluation. The reports shall, before submission to the Department, have removed from th em all patient and physician identifiers. Blood product s may be administered in the postsurgical recovery care cen ter model. In order to handle cases of complications, emergencies, or exigent circumstances, every postsurgical recovery care center as defined in this paragraph shall m aintain a contractual relationship, including a transfer agreement, with a general acute care hospital. A postsurg ical recovery care center shall be no larger than 20 beds. A postsurgical recovery care center shall be loc ated within 15 minutes travel time from the general ac ute care hospital with which the center maintains a con tractual relationship, including a transfer agreement, as required under this paragraph.

No postsurgical recovery care center shall discrimi nate against any patient requiring treatment beca use of the source of payment for services, including Medicare and Medicaid recipients.

The Department shall adopt rules to implement the p rovisions of Public Act 88-441 concerning postsurg ical recovery care centers within 9 months after August 20, 19 93. Notwithstanding any other law to the contrary, a po stsurgical recovery care center model may provide sleep laboratory or similar sleep studies in accordance with ap plicable State and federal laws and regulations. (3) Alternative health care delivery model; childre n's community-based health care center. A children's co mmunity-based health care center model is a desig nated site that provides nursing care, clinical support service s, and therapies for a period of one to 14 days fo r short-term stays and 120 days to facilitate transit ions to home or other appropriate settings for medically fragile children, technology dependent children, and children wit h special health care needs who are deemed clinically stabl e by a physician and are younger than 22 years of age. This care is to be provided in a home-like environment t hat serves no more than 12 children at a time, except that a children's community-based health care center in ex istence on the effective date of this amendatory Act of the 100th General Assembly that is located in Chicago on grade leve l for Life Safety Code purposes may provide care to no more than 16 children at a time. Children's community-ba sed health care center services must be available through the model to all families, including those whose care is paid for through the Department of Healthcare and Family Servi ces, the Department of Children and Family Services, the Department of Human Services, and insurance companies who cover home health care services or private duty nursi ng care in the home. Each children's community-based health care c enter model location shall be physically separate and apart fro m any other facility licensed by the Department of Public H ealth under this or any other Act and shall provide the following services: respite care, registered nursing or l icensed practical nursing care, transitional care to fac ilitate home placement or other appropriate settings a nd reunite families, medical child day care, weekend camps, and diagnostic studies typically done in the home setting. A children's community-based health care cent er may provide initial training, prior to home placement for, an d shall keep records in a manner designated by the Departme nt regarding, the certified family health aide, a s defined in the Certified Family Health Aide Program for C hildren and Adults Act, identified as the legally respon sible caregiver or designated by a legally responsi ble caregiver for the medical care of an individu al who receives or is eligible to receive:

(i) in-home shift nursing services unde r the Early and Periodic Screening, Diagnostic and Treatment requirem ent of Medicaid under 42 U.S.C. 1396d(r); or (ii) in-home shift nursing through the home and community-based services waiver program authorized under Section 1915(c) of the Social Security Act for pers ons who are medically fragile and technology dependen t. Coverage f or the services provided by the Departmen t of Healthcare and Family Services under this paragraph (3 ) is contingent upon federal waiver approval and is provide d only to Medicaid eligible clients participating in the ho me and community based services waiver designated in Se ction 1915(c) of the Social Security Act for medically frail and technologically dependent children or children in Department of Children and Family Services foster care who receive home health benefits.

(4) Alternative health care delivery model; communi ty based residential rehabilitation center. A community-based residential rehabilitation center model is a designated s ite that provides rehabilitation or support, or both, fo r persons who have experienced severe brain injury, who are medically stable, and who no longer require acute rehabil itative care or intense medical or nursing service s. The average length of stay in a community-based residential rehabilitation center shall not exceed 4 mont hs. As an integral part of the services provided, ind ividuals are housed in a supervised living setting whi le having immediate access to the community. The resid ential rehabilitation center authorized by the Depar tment may have more than one residence included unde r the license. A residence may be no larger than 12 beds an d shall be located as an integral part of the community. Da y treatment or individualized outpatient services shall be provided for persons who reside in their own home. Functi onal outcome goals shall be established for each in dividual. Services shall include, but are not limited t o, case management, training and assistance with activit ies of daily living, nursing consultation, traditi onal therapies (physical, occupational, speech), f unctional interventions in the residence and community ( job placement, shopping, banking, recreation), counselin g, self-management strategies, productive activities, and multiple opportunities for skill acquisit ion and practice throughout the day. The design o f individualized program plans shall be consistent with the outcome goals that are established for each resident. The programs provided in this setting shall be accredited by the Commission on Accreditation of Rehabilitation Facilit ies (CARF). The program shall have been accredited by CARF as a Brain Injury Community-Integrative Pro gram for at least 3 years.

(5) Alternative health care delivery model; Alzheim er's disease management center. An Alzheimer's dis ease management center model is a designated site that provides a safe and secure setting for care of persons di agnosed with Alzheimer's disease. An Alzheimer's diseas e management center model shall be a facility separate from any other facility licensed by the Department of Public H ealth under this or any other Act. An Alzheimer's diseas e management center shall conduct and document an assessmen t of each resident every 6 months. The assessment shall inc lude an evaluation of daily functioning, cognitive sta tus, other medical conditions, and behavioral problems . An Alzheimer's disease management center shall develop an d implement an ongoing treatment plan for each resident. Th e treatment plan shall have defined goals. The Alzheimer's disease management center shall treat behavioral problems and mood disorders using nonpharmacologic approaches such as environmental modification, task simplification, and o ther appropriate activities. All staff must have necessa ry training to care for all stages of Alzheimer's Disease. An Alzheimer's disease management center shall p rovide education and support for residents and caregiver s. The education and support shall include refer rals to support organizations for educational materi als on community resources, support groups, legal a nd financial issues, respite care, and future care needs and options. The education and support shall also include a discussion of the resident's need to make advance direc tives and to identify surrogates for medical and leg al decision-making. The provisions of this parag raph establish the minimum level of services that must be prov ided by an Alzheimer's disease management center. An Alzheimer's disease management center model shall have no more than 100 residents. Nothing in this paragraph (5) sh all be construed as prohibiting a person or facility fr om providing services and care to persons with Alzheime r's disease as otherwise authorized under State l aw. (6) Alternative h ealth care delivery model; birth c enter. A birth center shall be exclusively dedicated to serving the childbirth-related needs of women and t heir newborns and shall have no more than 10 beds. A birth cen ter is a designated site that is away from the mother' s usual place of residence and in which births are planned to occur following a normal, uncomplicated, and low-risk pregnancy. A birth center shall offer prenatal care and c ommunity education services and shall coordinate these s ervices with other health care services available in the community. (A) A birth center shall not be separately li censed if it is one of the following: (1) A part of a hospital; or (2) A freestanding facility that is phy sically distinct from a hospital but is operated under a license issued to a hospital under the Hospital Licensing Act. ( B) A separate birth center license shall be required if the birth center is operated as: (1) A part of the operation of a federa lly qualified health center as designated by the United State s Department of Health and Human Services; or

(2) A facility other than one described in subparagraph (A)(1), (A)(2), or (B)(1) of this paragraph (6) whose costs are reimbursable under Title XI X of the federal Social Security Act. In adopting rules for birth centers, the Department shall consider: the American Association of Birth Centers ' Standards for Freestanding Birth Centers; the American Ac ademy of Pediatrics/American College of Obstetricians a nd Gynecologists Guidelines for Perinatal Care; and the Regionalized Perinatal Health Care Code. The Department's rules shall stipulate the eligibility criteria for birth center admission. The Department's rules shall stipulate the necessary equipment for emergency care according to t he American Association of Birth Centers' standards and any additional equipment deemed necessary by the Departme nt. The Department's rules shall provide for a ti me period within which each birth center not part of a hospital must become accredited by either the Commission for the Accreditation of Freestanding Birth Centers or Th e Joint Commission. A bi rth center shall be certified to participate in the Medicare and Medicaid programs under Titles XVIII and XIX, respectively, of the federal Social Security Act. To the extent necessary, the Illinois Department of Healthca re and Family Services shall apply for a waiver f rom the United States Health Care Financing Administrati on to allow birth centers to be reimbursed un der Title XIX of the federal Social Security Act. A birth center that is not operated under a hospita l license shall be located within a ground travel time dist ance from the general acute care hospital with which the birth center maintains a contractual relationship, in cluding a transfer agreement, as required under this pa ragraph, that allows for an emergency caesarian deliver y to be started within 30 minutes of the decision a caesari an delivery is necessary. A birth center operating under a hospital license shall be located within a ground travel time distance from the licensed hospital that allo ws for an emergency caesarian delivery to be started within 30 minutes of the decision a caesarian delivery is necessary. The service s of a medical director physician, licen sed to practice medicine in all its branches, who is certifie d or eligible for certification by the American College of Obstetricians and Gynecologists or the American Board of Osteopathic Obstetricians and Gynecologists or has hospit al obstetrical privileges are required in birth cen ters. The medical director in consultation with the Di rector of Nursing and Midwifery Services shall coordina te the clinical staff and overall provision of pa tient care. The medical director or his or her physicia n designee shall be available on the premises or within a c lose proximity as defined by rule. The medical director and the Director of Nursing and Midwifery Services shall jointly develop and approve policies defining the criteri a to determine which pregnancies are accepted as normal, un complicated, and low-risk, and the anesthesia ser vices available at the center. No general anesthesia may be adm inistered at the center.

If a birth center employs certified nurse midwives, a certified nurse midwife shall be the Director of Nursing and Midwifery Services who is responsible for the develop ment of policies and procedures for services as pr ovided by Department rules. An obstetrician, family practitioner, or certified nurse midwife shall attend each woman in labor from the t ime of admission through birth and throughout the immedi ate postpartum period. Attendance may be delegated only to another physician or certified nurse midwife. Add itionally, a second staff person shall also be present at each birth who is licensed or certified in Illinois in a health-related field and under the supervision of t he physician or certified nurse midwife in attendance, has s pecialized training in labor and delivery techniques and care of newborns, and receives planned and ongoing traini ng as needed to perform assigned duties effectively . The maximum length of stay in a birth center shall be consistent with existing State laws allowing a 48-h our stay or appropriate post-delivery care, if discharg ed earlier than 48 hours. A birth center shall participate in the Illinois Pe rinatal System under the Developmental Disability Preve ntion Act. At a minimum, this participation shall re quire a birth center to establish a letter of agreement with a hospital designated under the Perinatal System. A hospital that operates or has a letter of agreement with a birth center shall include the birth center under its mat ernity service plan under the Hospital Licensing Act a nd shall include the birth center in the hospital's lett er of agreement with its regional perinatal center. A birth center may not discriminate against any pat ient requiring treatment because of the source of paym ent for services, including Medicare and Medicaid rec ipients. No general anesthesia and no surgery may be perform ed at a birth center. The Department may by rule add birth c enter patient eligibility criteria or standards as it de ems necessary. The Department shall by rule require eac h birth center to report the information which the Departme nt shall make publicly available, which shall inc lude, but is not limited to, the following: (i) Birth center ownership. (ii) Sources of payment for services. (iii) Utilization data involving patient leng th of stay. (iv) Admis sions and discharges. (v) Complications. (vi) Transfers.

(vii) Unusual incidents. (viii) Deaths. (ix) Any other publicly reported data require d under the Illinois Consumer Guide. (x) Post-discharge patient status data where patients are followed for 14 days after discharge from th e birth center to determine whether the mother or baby developed a complication or infection. Within 9 months after the effective date of this am endatory Act of the 95th General Assembly, the Departme nt shall adopt rules that are developed with cons ideration of: the American Association of Birth Cente rs' Standards for Freestanding Birth Centers; the Am erican Academy of Pediatrics/American College of Obstet ricians and Gynecologists Guidelines for Perinatal Care; and the Regionalized Perinatal Health Care Code. The Department shall adopt other rules as necessary to implement the provisions of this amendatory Act of the 95 th General Assembly within 9 months after the effective date of this amendatory Act of the 95th General Assembly.

(Source: P.A. 104-9, eff. 6-16-25.) Section 155. The MC/DD Act is amended by changing Section 1-114.001 as follows: (210 ILCS 46/1-114.001) Sec. 1-114.001. Habili tation. "Habilitation" means an effort directed toward increasing a person's level of phy sical, mental, social, or economic functioning. Habili tation may include, but is not limited to, diagnosi s, evaluation, medical services, residential care, child day care, special living arrangements, training, education, e mployment services, protective services, and counseling.

(Source: P.A. 99-180, eff. 7-29-15.) Section 160. The ID/DD Community Care Act is amended by changing Section 1-114.001 as follows: (210 ILCS 47/1-114.001) Sec. 1-114.001. Habili tation. "Habilitation" means an effort directed toward increasing a person's level of phy sical, mental, social, or economic functioning. Habili tation may include, but is not limited to, diagnosi s, evaluation, medical services, residential care, child day care, special living arrangements, training, education, e mployment services, protective services, and counseling.

(Source: P.A. 97-38, eff. 6-28-11.) Section 165. The Hospital Licensing Ac t is amended by changing Section 6.13 as follows: (210 ILCS 85/6.13) (from Ch. 111 1/2,

par. 147.13) Sec. 6.13. Any hospit al licensed under this Act may provide a program or service for the temporary custodial care of mildly ill children who, because of their illness, are unable to attend school or to participate in their normal

child day care program . The Department shall develop minimum standards, rules and regulations to govern the operation of a sick child day program which is operated by a hospital an d located on the hospital's licensed premises. Any such sta ndards, rules and regulations shall provide that: (a) a sick child day program may be located anywhere on t he hospital's licensed premises, including patient care unit s, when the following conditions are met: (1) Children in the sick child day program shall no t simultaneously occupy the same room as a hospital patient ; and (2) Children in t he sick child day program who are recovering from non-contagious conditions shall be cared for in a room separate from children registered in the pr ogram who have contagious conditions. (b) children registered in a sick child day program are n ot considered to be hospital patients, and are not requi red to be under the professional care of a member of the hosp ital's medical staff except in those cases where emergency medic al treatment is needed during the time the child is on the p rogram premises; and (c) medication may be adm inistered to a child in a sick c hild program when the following conditions are met: (1) Prescription medications shall be labeled with the child's name, directions for administering the medication , the date, the physician's name, the prescription number, and the dispensing drug store or pharmacy. Only current p rescription medications will be administered by the prog ram. Nothing in this paragraph (1) shall be construed to prohibit program staff from administering medication p rescribed by any licensed professional who is permitted by law to do so, whether or not the professional is a mem ber of the hospital's medical staff. (2) Written parental permission shall be obtained b efore non-prescription medication is administered. Such medication shall be administered in accordance with packa ge instructions.(Source: P.A. 86-1461; 87-435.) Section 170. The Illinois Insurance Co de is amended by changing Sections 155.31, 1204, and 1630 as follows: (215 ILCS 5/155.31) Sec. 155.31. Child Day care and group child day care homes; coverage. (a) No insurer providing insurance coverage, as defined i n subsection (b) of Section 143.13 of this Code, shall nonr enew or cancel an insurance policy on a child day care home or group child day care home, a s defined in the Child Care Act of 1969, solely on the basis that the insured operates a duly lice nsed child day care home or group child day care home on the insured premises. (b) An insurer providing such insurance coverage to a lic ensed child day care home or licensed group child day care home may provide such coverage with a separate policy or endorsement to a policy of fire and extended coverage ins urance, as defined in subsection (b) of Section 143.13 . (c) Notwithstanding subsections (a) and (b) of this Secti on, the insurer providing such coverage shall be all owed to cancel or nonrenew an insurance policy on a c hild day care home or group child day care home based upon the authority provided under Sections 143.21 and 143.21.1 of this Code.

(Source: P.A. 90-401, eff. 1-1-98; 90-655, eff. 7-30-98.) (215 ILCS 5/1204) (from Ch. 73, par.

1065.904) Sec. 1204. (A) The Di rector shall promulgate rules and regulations which shall require each insurer licensed to write property or casualty insurance in the State and each synd icate doing business on the Illinois Insurance Exchange to reco rd and report its loss and expense experience and other data as may be necessary to assess the relationship of insurance premiums and related income as compared to insurance cost s and expenses. The Director may designate one or more rate ser vice organizations or advisory organizations to gather and com pile such experience and data. The Director shall require each insurer licensed to write property or casualty insurance in this State and each syndicate doing business on the Illin ois Insurance Exchange to submit a report, on a form furnishe d by the Director, showing its direct writings in this State a nd companywide. (B) Such report required b y subsection (A) of this Sectio n may include, but not be limited to, the following specifi c types of insurance written by such insurer: (1) Political subdivision liability insurance repor ted separately in the following categories: (a) municipalities; (b) school districts;

(c) other political subdivisions; (2) Public official liability insurance; (3) Dram shop liability insurance; (4) Child Day care center liability insurance; (5) Labor, fraternal or religious organizations lia bility insurance;

(6) Errors and omissions liability insurance; (7) Officers and directors liability insurance repo rted separately as follows: (a) non-profit entities; (b) for-profit entities; (8) Products liability insurance; (9) Medical malpractice insurance; (10) Attorney malpractice insurance; (11) Architects and engineers malpractice insurance ; and (12) Motor vehicl e insurance reported separately fo r commercial and private passenger vehicles as follows: (a) motor vehicle physical damage insurance; (b) motor vehicle liability insurance.

(C) Such report may include, but need not be limited to t he following data, both specific to this State and companywi de, in the aggregate or by type of insurance for the previous year on a calendar year basis: (1) Direct premiums written; (2) Direct premiums earned;

(3) Number of policies; (4) Net investment income, using appropriate estima tes where necessary; (5) Losses paid; (6) Losses incurred;

(7) Loss reserves: (a) Losses unpaid on reported claims; (b) Losses unpaid on incurred but not reporte d claims; (8) Number of claims: (a) Paid claims; (b) Arising claims; (9) Loss adjustment expenses: (a) Allocated loss adjustment expenses; (b) Unallocated loss adjustment expenses; (10) Net underwriting gain or loss; (11) Net operation gain or loss, including net inve stment income; (1 2) Any other information requested by the Directo r. (C-3) Additional information by an advisory organiz ation as defined in Section 463 of this Code. (1) An advisory organization as defined in Section 463 of this Code shall report annually the following informat ion in such format as may be prescribed by the Se cretary: (a) p aid and incurred losses for each of the past 10 years; (b) me dical payments and medical charges, if collected, for each of the past 10 years; (c) the following indemnity payment informati on: cumulative payments by accident year by calendar year of development. This array will show payments made and fr equency of claims in the following categories: medical only, permanent partial disability (PPD), permane nt total disability (PTD), temporary total disabil ity (TTD), and fatalities;

(d) injuries by frequency and severity; (e) by class of employee. (2) The report filed with the Secretary of Financia l and Professional Regulation under paragraph (1) of this s ubsection (C-3) shall be made available, on an agg regate basis, to the General Assembly and to the general public. The identity of the petitioner, the respondent, the attor neys, and the insurers shall not be disclosed. (3) Reports required under this subsection (C-3) shall be filed with the Secretary no later than September 1 in 2006 and no later than September 1 of each year thereafte r. (D) In addition to the inf ormation which may be requested under subsection (C), the Director may also request on a companywide, aggregate basis, Federal Income Tax recovera ble, net realized capital gain or loss, net unrealized capital gain or loss, and all other expenses not requested in subsecti on (C) above. (E) Violations - Suspe nsions - Revocations. (1) Any company or person subject to this Article, who willfully or repeatedly fails to observe or who otherwise violates any of the provisions of this Article or any rul e or regulation promulgated by the Director under authority of this Article or any final order of the Director entere d under the authority of this Article shall by civil penalt y forfeit to the State of Illinois a sum not to exceed $2,0 00. Each day during which a violation occurs constitu tes a separate offense. (2) No forfeiture liability under paragraph (1) of this subsection may attach unless a written notice of app arent liability has been issued by the Director and re ceived by the respondent, or the Director sends written notice of apparent liability by registered or certified m ail, return receipt requested, to the last known address of the respondent. Any respondent so notified must be gra nted an opportunity to request a hearing within 10 day s from receipt of notice, or to show in writing, why he sho uld not be held liable. A notice issued under this Sec tion must set forth the date, facts and nature of the act or omission with which the respondent is charged and must specifically identify the particular provision of th is Article, rule, regulation or order of which a violat ion is charged. (3) No forfeiture liability under paragraph (1) of this subsection may attach for any violation occurring mo re than 2 years prior to the date of issuance of the no tice of apparent liability and in no event may the tota l civil penalty forfeiture imposed for the acts or omission s set forth in any one notice of apparent liability exceed $100,000. (4) All adm inistrative hearings conducted pursuant to this Article are subject to 50 Ill. Adm. Code 2402 and al l administrative hearings are subject to the Administrative Review Law. (5) The c ivil penalty forfeitures provided for in t his Section are payable to the General Revenue Fund of the St ate of Illinois, and may be recovered in a civil suit i n the name of the State of Illinois brought in the Circuit Court in Sangamon County or in the Circuit Court of the c ounty where the respondent is domiciled or has its princ ipal operating office. (6) In any case where the Director issues a notice of apparent liability looking toward the imposition of a civ il penalty forfeiture under this Section that fact may not be used in any other proceeding before the Director t o the prejudice of the respondent to whom the notice was is sued, unless (a) the civil penalty forfeiture has been paid, or (b) a court has ordered payment of the civil pen alty forfeiture and that order has become final. (7) When any person or company has a license or cer tificate of authority under this Code and knowingly fa ils or refuses to comply with a lawful order of the Dir ector requiring compliance with this Article, entered after notice and hearing, within the period of time speci fied in the order, the Director may, in addition to any other penalty or authority provided, revoke or refuse to renew the license or certificate of authority of such person or company, or may suspend the license or certific ate of authority of such person or company until compliance with such order has been obtained. (8) When any person or company has a license or cer tificate of authority under this Code and knowingly fa ils or refuses to comply with any provisions of this Ar ticle, the Director may, after notice and hearing, in a ddition to any other penalty provided, revoke or refuse to renew the license or certificate of authority of such person or company, or may suspend the license or certific ate of authority of such person or company, until compliance with such provision of this Article has been o btained. (9) No susp ension or revocation under this Section may become effective until 5 days from the date that the noti ce of suspension or revocation has been personally de livered or delivered by registered or certified mail to the company or person. A suspension or revocation under t his Section is stayed upon the filing, by the company or person, of a petition for judicial review under the Admin istrative Review Law.(Source: P.A. 10 3-426, eff. 8-4-23.) (215 ILCS 5/1630) Sec. 1630. Definitions. As used in this Article: "Aggregator site" means a website that provides access to information regarding insurance products from more than o ne insurer, including product and insurer information, for u se in comparison shopping. "Blanket travel in surance" means a policy of travel insur ance issued to any eligible group providing coverage for specific classes of persons defined in the policy with co verage provided to all members of the eligible group wi thout a separate charge to individual members of the eligible g roup. "Cancellation fee waiver" means a contractual agreement b etween a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee p rovisions of the supplier's underlying travel contract w ith or without regard to the reason for the cancellation or f orm of reimbursement. A "cancellation fee waiver" is not insuran ce. "Eligible group", solely for the purposes of travel insur ance, means 2 or more persons who are engaged in a c ommon enterprise, or have an economic, educational, or social a ffinity or relationship, including, but not limited to, any of the following: (1) any entity engaged in the business of providing travel or travel services, including, but not limited to: tour operators, lodging providers, vacation property owne rs, hotels and resorts, travel clubs, travel agencies , property managers, cultural exchange programs, and common carriers or the operator, owner, or lessor of a means of transportation of passengers, including, but not limited to, airlines, cruise lines, railroads, steamship companie s, and public bus carriers, wherein with regard t o any particular travel or type of travel or travelers, all members or customers of the group must have a common expo sure to risk attendant to such travel; (2) any college, school, or other institution of le arning covering students, teachers, employees, or volun teers; (3) any em ployer covering any group of employees, v olunteers, contractors, board of directors, dependents, or guests; (4) any spo rts team, camp, or sponsor of any sports team or camp covering participants, members, campers, emp loyees, officials, supervisors, or volunteers; (5) any religious, charitable, recreational, educat ional, or civic organization, or branch of an organ ization covering any group of members, participants, or volunteers; (6) any financial institution or financial institut ion vendor, or parent holding company, trustee, or agent of o r designated by one or more financial institutions or finan cial institution vendors, including account holders, credit card holders, debtors, guarantors, or purchasers; (7) any incorporated or unincorporated association, including labor unions, having a common interest, constit ution and bylaws, and organized and maintained in good faith for purposes other than obtaining insurance fo r members or participants of such association covering its members; (8) any trust or the trustees of a fund established , created, or maintained for the benefit of and covering me mbers, employees or customers, subject to the Director' s permitting the use of a trust and the State's premium tax provisions, of one or more associations meeting the requi rements of paragraph (7) of this definition; (9) any entertainment production company covering a ny group of participants, volunteers, audience members, cont estants, or workers; (10) any volunteer fire department, ambulance, resc ue, police, court, or any first aid, civil defense, or other such volunteer group;

(11) preschools, child day care institutions for children or adults, and senior citizen clubs; (12) any automobile or truck rental or leasing comp any covering a group of individuals who may become renters, l essees, or passengers defined by their travel status on the rented or leased vehicles. The common carrier, the op erator, owner or lessor of a means of transportation, o r the automobile or truck rental or leasing company, is the policyholder under a policy to which this Section applies ; or (13) any other grou p where the Director has determi ned that the members are engaged in a common enterprise, or h ave an economic, educational, or social affinity or rela tionship, and that issuance of the policy would not b e contrary to the public interest. "Fulfillment materials" means documentation sent to the p urchaser of a travel protection plan confirming the purc hase and providing the travel protection plan's coverage and a ssistance details. "Group t ravel insurance" means travel insurance issued to any eligible group. "Limited lines travel insurance producer" means one of th e following: (1) a licen sed managing general agent or third-party administrator; (2) a l icensed insurance producer, including a limi ted lines producer; or (3) a travel administrator.

"Offering and disseminating" means the following: (1) Providing information to a prospective or curre nt policyholder on behalf of a limited lines travel insuranc e entity, including brochures, buyer guides, descriptions o f coverage, and price. ( 2) Referring specific questions regarding coverage features and benefits from a prospective or current polic yholder to a limited lines travel insurance entity. (3) Disseminating and processing applications for c overage, coverage selection forms, or other similar form s in response to a request from a prospective or current po licyholder. (4) Coll ecting premiums from a prospective or curre nt policyholder on behalf of a limited lines travel insuranc e entity. (5) Receiving and recording information from a poli cyholder to share with a limited lines travel insuran ce entity. "Primary p olicyholder" means an individual person who ele cts and purchases individual travel insurance. "Travel administrator" means a person who directly or ind irectly underwrites, collects charges, collateral, or premiums from, or adjusts or settles claims on residents of this State in connection with travel insurance, except th at a person shall not be considered a travel administrator if that person's only actions that would otherwise cause the pers on to be considered a travel administrator are among the follow ing: (1) a person working for a travel administrator to the extent that the person's activities are subject to the su pervision and control of the travel administrator; (2) an insurance producer selling insurance or enga ged in administrative and claims-related activities wit hin the scope of the producer's license; (3) a travel retailer offering and disseminating tr avel insurance and registered under the license of a li mited lines travel insurance producer in accordance wit h Section 1635; (4) an i ndividual adjusting or settling claims in t he normal course of that individual's practice or employment as an attorney-at-law and who does not collec t charges or premiums in connection with insurance coverage; or

(5) a business entity that is affiliated with a lic ensed insurer while acting as a travel administrator f or the direct and assumed insurance business of an affil iated insurer. "Travel assistance services" means noninsurance services for which the consumer is not indemnified based on a fort uitous event, and where providing the service does no t result in transfer or shifting of risk that would constit ute the business of insurance. "Travel assistance services" i nclude, but are not limited to: security advisories; des tination information; vaccination and immunization inf ormation services; travel reservation services; entert ainment; activity and event planning; translation a ssistance; emergency messaging; international legal and medical referrals; medical case monitoring; coordination of transportation arrangements; emergency cash transfer assi stance; medical prescription replacement assistance; passport and travel document replacement assistance; lost luggage assistance; concierge services; and any other ser vice that is furnished in connection with planned travel. "Tra vel assistance services" are not insurance and are not relate d to insurance. "Travel insurance " means insurance coverage for personal risks incident to planned travel, including, but not limi ted to: (1) the interrupti on or cancellation of a trip or e vent; (2) the loss of baggage or personal effects;

(3) damages to accommodations or rental vehicles; (4) sickness, accident, disability, or death occurr ing during travel; (5) eme rgency evacuation; (6) repatriation of remains; or (7) any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the Direct or. "Travel insurance" does not include major medical plans t hat provide comprehensive medical protection for travele rs with trips lasting 6 months or longer, including those wo rking overseas as expatriates or as military personnel on deplo yment. "Travel insuranc e business entity" means a licensed insur ance producer designated by an insurer as set forth in subsection (h) of Section 1635. "Travel protection plans" means plans that provide one or more of the following: travel insurance, travel assistanc e services, and cancellation fee waivers. "Travel retailer" means a business organization that make s, arranges, or offers travel services and, with resp ect to travel insurance, is limited to offering and dissemina ting as defined in this Section, unless otherwise licensed und er subsection (b) of Section 1635.(Source: P. A. 102-212, eff. 10-28-21.) Section 175. The Public Utilities Act is amended by changing Section 8-103B as follows: (220 ILCS 5/8-103B)

(Text of Section before amendment by P.A. 104-458) Sec. 8-103B. Energy ef ficiency and demand-response measures. (a) It is th e policy of the State that electric utilities are required to use cost-effective energy efficienc y and demand-response measures to reduce delivery load. R equiring investment in cost-effective energy efficiency and demand-response measures will reduce direct and ind irect costs to consumers by decreasing environmental impacts and by a voiding or delaying the need for new generation, transmi ssion, and distribution infrastructure. It serves the public interest to allow electric utilities to recover co sts for reasonably and prudently incurred expenditures for en ergy efficiency and demand-response measures. As used in this Section, "cost-effective" means that the measures s atisfy the total resource cost test. The low-income measures d escribed in subsection (c) of this Section shall not be required to m eet the total resource cost test. For purposes of this Sectio n, the terms "energy-efficiency", "demand-respon se", "electric utility", and "total resource cost test" have the meaning s set forth in the Illinois Power Agency Act. "Black, indigenou s, and people of color" and "BIPOC" means people who are mem bers of the groups described in subparagraphs (a) through (e) of paragraph (A) of subsection (1) of Section 2 of the Busin ess Enterprise for Minorities, Women, and Persons with Disabi lities Act. (a-5) This Sec tion applies to electric utilities se rving more than 500,000 retail customers in the State for those multi-year plans commencing after December 31, 2017 . (b) For purposes of this Section, electric utilities subj ect to this Section that serve more than 3,000,000 re tail customers in the State shall be deemed to have achieved a cumulative persisting annual savings of 6.6% from energy efficiency measures and programs implemented during the p eriod beginning January 1, 2012 and ending December 31, 2017, w hich percent is based on the deemed average weather normalized sales of electric power and energy during calendar years 2014, 2015, and 2016 of 88,000,000 MWhs. For the purposes of th is subsection (b) and subsection (b-5), the 88,000,000 MWhs of deemed electric power and energy sales shall be reduced b y the number of MWhs equal to the sum of the annual consumption of customers that have opted out of subsections (a) through (j) of this Section under paragraph (1) of subsection (l) of this Section, as averaged across the calendar years 2014, 2015 , and 2016. After 2017, the deemed value of cumulative persisti ng annual savings from energy efficiency measures and progra ms implemented during the period beginning January 1, 2012 a nd ending December 31, 2017, shall be reduced each year, as follows, and the applicable value shall be applied to and count toward the utility's achievement of the cumulative persisting annual savings goals set forth in subsection ( b-5): (1) 5.8% deemed cumulative persisting annual saving s for the year ending December 31, 2018; (2) 5.2% deemed cumulative persisting annual saving s for the year ending December 31, 2019; (3) 4.5% deemed cumulative persisting annual saving s for the year ending December 31, 2020; (4) 4.0% deemed cumulative persisting annual saving s for the year ending December 31, 2021; (5) 3.5% deemed cumulative persisting annual saving s for the year ending December 31, 2022; (6) 3.1% deemed cumulative persisting annual saving s for the year ending December 31, 2023; (7) 2.8% deemed cumulative persisting annual saving s for the year ending December 31, 2024; (8) 2.5% deemed cumulative persisting annual saving s for the year ending December 31, 2025; (9) 2.3% deemed cumulative persisting annual saving s for the year ending December 31, 2026; (10) 2.1% deemed cumulative persisting annual savin gs for the year ending December 31, 2027; (11) 1.8% deemed cumulative persisting annual savin gs for the year ending December 31, 2028; (12) 1.7% deemed cumulative persisting annual savin gs for the year ending December 31, 2029; (13) 1.5% deemed cumulative persisting annual savin gs for the year ending December 31, 2030; (14) 1.3% deemed cumulative persisting annual savin gs for the year ending December 31, 2031; (15) 1.1% deemed cumulative persisting annual savin gs for the year ending December 31, 2032; (16) 0.9% deemed cumulative persisting annual savin gs for the year ending December 31, 2033; (17) 0.7% deemed cumulative persisting annual savin gs for the year ending December 31, 2034; (18) 0.5% deemed cumulative persisting annual savin gs for the year ending December 31, 2035; (19) 0.4% deemed cumulative persisting annual savin gs for the year ending December 31, 2036; (20) 0.3% deemed cumulative persisting annual savin gs for the year ending December 31, 2037; (21) 0.2% deemed cumulative persisting annual savin gs for the year ending December 31, 2038; (22) 0.1% deemed cumulative persisting annual savin gs for the year ending December 31, 2039; and (23) 0.0% deemed cumulative persisting annual savin gs for the year ending December 31, 2040 and all subsequent years. For purposes of this Section, "cumulative persisting annu al savings" means the total electric energy savings i n a given year from measures installed in that year or in pre vious years, but no earlier than January 1, 2012, that are stil l operational and providing savings in that year because th e measures have not yet reached the end of their useful liv es. (b-5) Beginning in 2018, electric utilities subject to this Section that serve more than 3,000,000 retail custom ers in the State shall achieve the following cumulative persi sting annual savings goals, as modified by subsection (f) of th is Section and as compared to the deemed baseline of 88,000, 000 MWhs of electric power and energy sales set forth in subs ection (b), as reduced by the number of MWhs equal to the sum of the annual consumption of customers that have opte d out of subsections (a) through (j) of this Section under para graph (1) of subsection (l) of this Section as averaged across the calendar years 2014, 2015, and 2016, through the implemen tation of energy efficiency measures during the a pplicable year and in prior years, but no earlier than J anuary 1, 2012: (1) 7 .8% cumulative persisting annual savings for t he year ending December 31, 2018; (2) 9.1% cumulative persisting annual savings for t he year ending December 31, 2019; (3) 10.4% cumulative persisting annual savings for the year ending December 31, 2020; (4) 11.8% cumulative persisting annual savings for the year ending December 31, 2021; (5) 13.1% cumulative persisting annual savings for the year ending December 31, 2022; (6) 14.4% cumulative persisting annual savings for the year ending December 31, 2023; (7) 15.7% cumulative persisting annual savings for the year ending December 31, 2024; (8) 17% cumulative persisting annual savings for th e year ending December 31, 2025; (9) 17.9% cumulative persisting annual savings for the year ending December 31, 2026; (10) 18.8% cumulative persisting annual savings for the year ending December 31, 2027; (11) 19.7% cumulative persisting annual savings for the year ending December 31, 2028; (12) 20.6% cumulative persisting annual savings for the year ending December 31, 2029; and (13) 21.5% cumulative persisting annual savings for the year ending December 31, 2030. No l ater than December 31, 2021, the Illinois Commerce Co mmission shall establish additional cumulative persisti ng annual savings goals for the years 2031 through 2035. No later than December 31, 2024, the Illinois Commerce Commission shall establish additional cumulative persisting annual savings goals for the years 2036 through 2040. The Commission sha ll also establish additional cumulative persisting annual sa vings goals every 5 years thereafter to ensure that utilities a lways have goals that extend at least 11 years into the future. The cumulative persisting annual savings goals beyond the yea r 2030 shall increase by 0.9 percentage points per year, ab sent a Commission decision to initiate a proceeding to conside r establishing goals that increase by more or less than tha t amount. Such a proceeding must be conducted in accordance with the procedures described in subsection (f) of this Sectio n. If such a proceeding is initiated, the cumulative persisting annual savings goals established by the Commission throug h that proceeding shall reflect the Commission's best estim ate of the maximum amount of additional savings that are fore cast to be cost-effectively achievable unless such best estimates would result in goals that represent less than 0.5 percen tage point annual increases in total cumulative persisting ann ual savings. The Commission may only establish goals that rep resent less than 0.5 percentage point annual increases in cumulative persisting annual savings if it can demonstrat e, based on clear and convincing evidence and through indepe ndent analysis, that 0.5 percentage point increases are not cos t-effectively achievable. The Commission shall i nform its decision based on an energy efficiency potential study th at conforms to the requirements of this Section. (b-10) For purposes of this Section, electric utili ties subject to this Section that serve less than 3,000,000 re tail customers but more than 500,000 retail customers in the S tate shall be deemed to have achieved a cumulative persisting annual savings of 6.6% from energy efficiency measures an d programs implemented during the period beginning January 1, 2012 and ending December 31, 2017, which is based on the deemed average weather normalized sales of electric power and en ergy during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs. For the purposes of this subsection (b-10) and subs ection (b-15), the 36,900,000 MWhs of deemed electric powe r and energy sales shall be reduced by the number of MWhs equal to the sum of the annual consumption of customers that have opted out of subsections (a) through (j) of this Section under paragraph (1) of subsection (l) of this Section, as avera ged across the calendar years 2014, 2015, and 2016. After 201 7, the deemed value of cumulative persisting annual savings from energy efficiency measures and programs implemented durin g the period beginning January 1, 2012 and ending December 31, 2017, shall be reduced each year, as follows, and the applicabl e value shall be applied to and count toward the utility's achievement of the cumulative persisting annual savings g oals set forth in subsection (b-15): (1) 5.8% deemed cumulative persisting annual saving s for the year ending December 31, 2018; (2) 5.2% deemed cumulative persisting annual saving s for the year ending December 31, 2019; (3) 4.5% deemed cumulative persisting annual saving s for the year ending December 31, 2020; (4) 4.0% deemed cumulative persisting annual saving s for the year ending December 31, 2021; (5) 3.5% deemed cumulative persisting annual saving s for the year ending December 31, 2022; (6) 3.1% deemed cumulative persisting annual saving s for the year ending December 31, 2023; (7) 2.8% deemed cumulative persisting annual saving s for the year ending December 31, 2024; (8) 2.5% deemed cumulative persisting annual saving s for the year ending December 31, 2025; (9) 2.3% deemed cumulative persisting annual saving s for the year ending December 31, 2026; (10) 2.1% deemed cumulative persisting annual savin gs for the year ending December 31, 2027; (11) 1.8% deemed cumulative persisting annual savin gs for the year ending December 31, 2028; (12) 1.7% deemed cumulative persisting annual savin gs for the year ending December 31, 2029; (13) 1.5% deemed cumulative persisting annual savin gs for the year ending December 31, 2030; (14) 1.3% deemed cumulative persisting annual savin gs for the year ending December 31, 2031; (15) 1.1% deemed cumulative persisting annual savin gs for the year ending December 31, 2032; (16) 0.9% deemed cumulative persisting annual savin gs for the year ending December 31, 2033; (17) 0.7% deemed cumulative persisting annual savin gs for the year ending December 31, 2034; (18) 0.5% deemed cumulative persisting annual savin gs for the year ending December 31, 2035; (19) 0.4% deemed cumulative persisting annual savin gs for the year ending December 31, 2036; (20) 0.3% deemed cumulative persisting annual savin gs for the year ending December 31, 2037; (21) 0.2% deemed cumulative persisting annual savin gs for the year ending December 31, 2038; (22) 0.1% deemed cumulative persisting annual savin gs for the year ending December 31, 2039; and (23) 0.0% deemed cumulative persisting annual savin gs for the year ending December 31, 2040 and all subsequent years. (b-15) Beginni ng in 2018, electric utilities subjec t to this Section that serve less than 3,000,000 retail custom ers but more than 500,000 retail customers in the State shall achieve the following cumulative persisting annual saving s goals, as modified by subsection (b-20) and subsect ion (f) of this Section and as compared to the deemed baseline as re duced by the number of MWhs equal to the sum of the annual cons umption of customers that have opted out of subsectio ns (a) through (j) of this Section under paragraph (1) of su bsection (l) of this Section as averaged across the cal endar years 2014, 2015, and 2016, through the implementation of energy efficiency measures during the applicable year and in prior years, but no earlier than January 1, 2012: (1) 7.4% cumulative persisting annual savings for t he year ending December 31, 2018; (2) 8.2% cumulative persisting annual savings for t he year ending December 31, 2019; (3) 9.0% cumulative persisting annual savings for t he year ending December 31, 2020; (4) 9.8% cumulative persisting annual savings for t he year ending December 31, 2021; (5) 10.6% cumulative persisting annual savings for the year ending December 31, 2022; (6) 11.4% cumulative persisting annual savings for the year ending December 31, 2023; (7) 12.2% cumulative persisting annual savings for the year ending December 31, 2024; (8) 13% cumulative persisting annual savings for th e year ending December 31, 2025; (9) 13.6% cumulative persisting annual savings for the year ending December 31, 2026; (10) 14.2% cumulative persisting annual savings for the year ending December 31, 2027; (11) 14.8% cumulative persisting annual savings for the year ending December 31, 2028; (12) 15.4% cumulative persisting annual savings for the year ending December 31, 2029; and (13) 16% cumulative persisting annual savings for t he year ending December 31, 2030. No late r than December 31, 2021, the Illinois Commerce Co mmission shall establish additional cumulative persisti ng annual savings goals for the years 2031 through 2035. No later than December 31, 2024, the Illinois Commerce Commission shall establish additional cumulative persisting annual savings goals for the years 2036 through 2040. The Commission sha ll also establish additional cumulative persisting annual sa vings goals every 5 years thereafter to ensure that utilities a lways have goals that extend at least 11 years into the future. The cumulative persisting annual savings goals beyond the yea r 2030 shall increase by 0.6 percentage points per year, ab sent a Commission decision to initiate a proceeding to conside r establishing goals that increase by more or less than tha t amount. Such a proceeding must be conducted in accordance with the procedures described in subsection (f) of this Sectio n. If such a proceeding is initiated, the cumulative persisting annual savings goals established by the Commission throug h that proceeding shall reflect the Commission's best estim ate of the maximum amount of additional savings that are fore cast to be cost-effectively achievable unless such best estimates would result in goals that represent less than 0.4 percen tage point annual increases in total cumulative persisting ann ual savings. The Commission may only establish goals that rep resent less than 0.4 percentage point annual increases in cumulative persisting annual savings if it can demonstrat e, based on clear and convincing evidence and through indepe ndent analysis, that 0.4 percentage point increases are not cos t-effectively achievable. The Commission shall i nform its decision based on an energy efficiency potential study th at conforms to the requirements of this Section. (b-20) Each electric utility subject to this Sectio n may include cost-effective voltage optimization measure s in its plans submitted under subsections (f) and (g) of this Sec tion, and the costs incurred by a utility to implement the meas ures under a Commission-approved plan shall be recovered under the provisions of Article IX or Section 16-108.5 of thi s Act. For purposes of this Section, the measure life of voltage opt imization measures shall be 15 years. The measure life period is independent of the depreciation rate of the vol tage optimization assets deployed. Utilities may claim savings from voltage optimization on circuits for more than 15 years i f they can demonstrate that they have made additional inves tments necessary to enable voltage optimization savi ngs to continue beyond 15 years. Such demonstrations must be subject to the review of independent evaluation. Within 270 days after June 1, 2017 (the effective date of Public Act 99-906), an electric utility that serves less than 3,000,000 retail customers but more than 500,000 retail c ustomers in the State shall file a plan with the Commiss ion that identifies the cost-effective voltage optimiza tion investment the electric utility plans to undertake throug h December 31, 2024. The Commission, after notice and heari ng, shall approve or approve with modification the plan withi n 120 days after the plan's filing and, in the order approving or approving with modification the plan, the Commission shal l adjust the applicable cumulative persisting annual saving s goals set forth in subsection (b-15) to reflect any amount of cost-effective energy savings approved by the Commi ssion that is greater than or less than the following cumulative per sisting annual savings values attributable to voltage optimization for the applicable year: (1) 0.0% of cumulative persisting annual savings fo r the year ending December 31, 2018; (2) 0.17% of cumulative persisting annual savings f or the year ending December 31, 2019; (3) 0.17% of cumulative persisting annual savings f or the year ending December 31, 2020; (4) 0.33% of cumulative persisting annual savings f or the year ending December 31, 2021; (5) 0.5% of cumulative persisting annual savings fo r the year ending December 31, 2022; (6) 0.67% of cumulative persisting annual savings f or the year ending December 31, 2023; (7) 0.83% of cumulative persisting annual savings f or the year ending December 31, 2024; and (8) 1.0% of cumulative persisting annual savings fo r the year ending December 31, 2025 and all subsequent year s. (b-25) In the event an electric utility jointly off ers an energy efficiency measure or program with a gas utility u nder plans approved under this Section and Section 8-104 of this Act, the electric utility may continue offering the progr am, including the gas energy efficiency measures, in the even t the gas utility discontinues funding the program. In that eve nt, the energy savings value associated with such other fuels shall be converted to electric energy savings on an equiv alent Btu basis for the premises. However, the electric utility shall prioritize programs for low-income residentia l customers to the extent practicable. An electric utility may recove r the costs of offering the gas energy efficiency measures unde r this subsection (b-25). For those energy efficiency measures or programs that sav e both electricity and other fuels but are not jointly offe red with a gas utility under plans approved under this Sectio n and Section 8-104 or not offered with an affiliated gas utility under paragraph (6) of subsection (f) of Section 8- 104 of this Act, the electric utility may count savings of fuels othe r than electricity toward the achievement of its annual sav ings goal, and the energy savings value associated with such o ther fuels shall be converted to electric energy savings on an equivalent Btu basis at the premises.

In no event shall more than 10% of each year's applicable annual total savings requirement as defined in paragraph (7.5) of subsection (g) of this Section be met through savings of fuels other than electricity. (b-27) Beginning in 2022, an electric utility may o ffer and promote measures that electrify space heating, water heating, cooling, drying, cooking, industrial processes, and other building and industrial end uses that would otherwi se be served by combustion of fossil fuel at the premises, prov ided that the electrification measures reduce total energy con sumption at the premises. The electric utility may cou nt the reduction in energy consumption at the premises towar d achievement of its annual savings goals. The reduction in energy consumption at the premises shall be calculated as the difference between: (A) the reduction in Btu consumption of fossil fuels as a result of electrification, converted to kilowatt-hour equivalents by dividing by 3,412 Btus per kilowatt hour; and (B) the increase in kilowatt hours of electricity consumption resulting from the displacement o f fossil fuel consumption as a result of electrification. A n electric utility may recover the costs of offering and pr omoting electrification measures under this subsection (b-27). In no event shall electri fication savings counted toward each year's applicable annual total savings requirement, as defined in paragraph (7.5) of subsection (g) of this Sect ion, be greater than: (1) 5 % per year for each year from 2022 through 202 5; (2) 10% per year for each year from 2026 through 20 29; and (3) 15% per year f or 2030 and all subsequent years. In addition, a minimum of 25% of all electrification savi ngs counted toward a utility's applicable annual total saving s requirement must be from electrification of end uses in l ow-income housing. The limitations on electrificat ion savings that may be counted toward a utility's annual savings goa ls are separate from and in addition to the subsection (b-25) limitations governing the counting of the other fuel savi ngs resulting from efficiency measures and programs. As part of the annual informational filing to the Commiss ion that is required under paragraph (9) of subsec tion (g) of this Section, each utility shall identify the spec ific electrification measures offered under this subsection (b -27); the quantity of each electrification measure that was ins talled by its customers; the average total cost, avera ge utility cost, average reduction in fossil fuel consumptio n, and average increase in electricity consumption associate d with each electrification measure; the portion of install ations of each electrification measure that were i n low-income single-family housing, low-i ncome multifamily housing, non-low-income single-family h ousing, non-low-income multifamily housing, commercial buildings, and industrial facilities; and the quantity of savings associated with e ach measure category in each customer category that are being counted toward the utility's applicable annual total savi ngs requirement. Prior to installing an electrification measu re, the utility shall provide a customer with an estimate of the impact of the new measure on the customer's average month ly electric bill and total annual energy expenses. (c) Electric utilities shall be responsible for overseein g the design, development, and filing of energy efficiency plans with the Commission and may, as part of that implementati on, outsource various aspects of program development and impl ementation. A minimum of 10%, for electric utilities that serve more than 3,000,000 retail customers in the State, and a minimum of 7%, for electric utilities that serve less tha n 3,000,000 retail customers but more than 500,000 retail c ustomers in the State, of the utility's entire portfolio funding level for a given year shall be used to procure c ost-effective energy efficiency measures from unit s of local government, municipal corporations, school districts, pub lic housing, public institutions of higher education, and com munity college districts, provided that a minimum perc entage of available funds shall be used to procure en ergy efficiency from public housing, which percentage shall be equal to public housing's share of public building energy consumption. The utilities s hall also implement energy efficiency meas ures targeted at low-income households, which, for purposes of this Section, shall be defined as households at or below 80% of area median income, and expenditures to impl ement the measures shall be no less than $40,000,000 per year f or electric utilities that serve more than 3,000,000 retail customers in the State and no less than $13,000,000 per y ear for electric utilities that serve less than 3,000,000 ret ail customers but more than 500,000 retail customers in the S tate. The ratio of spending on efficiency programs targeted at low-income multifamily buildings to spending on eff iciency programs targeted at low-income single-family buildings shall be designed to achieve levels of savings from each buildi ng type that are approximately proportional to the magnitude of cost-effective lifetime savings potential in each b uilding type. Investment in low-income whole-building weatherization programs shall constitute a minimum of 80% of a utility's total budget specifically dedicated to serving low- income customers. The utilities shall work to bundle low-income energ y efficiency offerings with other programs that serve low-income households to maximize the benefits going to these househ olds. The utilities shall market and implement low-income energy efficiency programs in coordination with low-income assistance programs, the Illinois Solar for All Program, and weather ization whenever practicable. The program implemen ter shall walk the customer through the enrollment process fo r any programs for which the customer is eligible. The utilitie s shall also pilot targeting customers with high arrearages , high energy intensity (ratio of energy usage divided by h ome or unit square footage), or energy assistance programs wi th energy efficiency offerings, and then track reduction in arrearages as a result of the targeting. This targeting a nd bundling of low-income energy programs shall be off ered to both low-income single-family and multifamily customers (owners and residents). The utilities shall invest in health and safety measures appropriate and necessary for comprehensively weatherizin g a home or multifamily building, and shall implement a healt h and safety fund of at least 15% of the total income-qua lified weatherization budget that shall be used for the purpose of making grants for technical assistance, construction, rec onstruction, improvement, or repair of buildings to fa cilitate their participation in the energy efficiency p rograms targeted at low-income single-family and multifamily households. These funds may also be used for the purpose of making grants for technical assistance, construction, rec onstruction, improvement, or repair of the following b uildings to facilitate their participation in the energy efficiency programs created by this Section: (1) building s that are owned or operated by registered 501(c)(3) public charities; and (2) day care centers, day care homes, or g roup day care homes, as defined under 89 Ill. Adm. Code Part 4 06, 407, or 408, respectively.

Each electric utility shall assess opportunities to imple ment cost-effective energy efficiency measures and programs through a public housing authority or authoritie s located in its service territory. If such opportunities a re identified, the utility shall propose such measures and p rograms to address the opportunities. Expenditures to ad dress such opportunities shall be credited toward the minimum p rocurement and expenditure requirements set forth in thi s subsection (c). Implementati on of energy efficiency measures and programs targeted at low-income households should be contrac ted, when it is practicable, to independent third parties that have demonstrated capabilities to serve such households, with a preference for not-for-profit entities and go vernment agencies that have existing relationships with or experience servi ng low-income communities in the State. Each electric utility shall develop and implement reporti ng procedures that address and assist in determini ng the amount of energy savings that can be applied to the l ow-income procurement and expenditure requirements set forth in this subsection (c). Each electric utility shall also track the types and quantities or volumes of insulation and air sealing materials, and their associated energy saving ben efits, installed in energy efficiency programs targete d at low-income single-family and multifamily hous eholds. The electric utilities shall participate in a low-i ncome energy efficiency accountability committee ("the committe e"), which will directly inform the design, implementation, an d evaluation of the low-income and public-housi ng energy efficiency programs. The committee shall be comprised of the electric utilities subject to the requirements of this Se ction, the gas utilities subject to the requirements of Section 8-104 of this Act, the utilities' low-income energy efficiency implementation contractors, nonprofit organiza tions, community action agencies, advocacy groups , State and local governmental agencies, public-housi ng organizations, and representatives of community-bas ed organizations, especially those living in or working with environmental justice communities and BIPOC communities. The committee shall be composed of 2 geographically different iated subcommittees: one for stakeholders in northern Illinois and one for stakeholders in central and southern Illinois. Th e subcommittees shall meet together at least twice per year . There shall be one statewide leadership committee led by and composed of community-based organizations that are representative of BIPOC and environmental justice communi ties and that includes equitable representation from BIPOC com munities. The leadership committee shall be composed o f an equal number of representatives from the 2 subcommittees. The subcommittees shall address specific programs and issues, with the leadership committee convening targeted workgroups as needed. The leadership committee may elect to work with a n independent facilitator to solicit and organize feedback, recommendations and meeting participation from a wide var iety of community-based stakeholders. If a facilitator i s used, they shall be fair and responsive to the needs of all sta keholders involved in the committee. All committee meetings must be accessible, with rotating locations if meetings are held in-person, virtual p articipation options, and materials and agendas circulat ed in advance. There shall also be opportunit ies for direct input by com mittee members outside of committee meetings, such as via individual meetings, surveys, emails and calls, to ensure robust participation by stakeholders with limited capacit y and ability to attend committee meetings. Committee meetings shall emphasize opportunities to bundle and coordinate delivery of low-income energy efficiency with other programs th at serve low-income communities, such as the Illinois Solar for All Program and bill payment assistance programs. Meetings sh all include educational opportunities for stakeholders to lea rn more about these additional offerings, and the committee shall assist in figuring out the best methods for coordinated d elivery and implementation of offerings when serving low -income communities. The committee shall directl y and equitably influence and inform utility low-income a nd public-housing energy efficiency programs and prior ities. Participating utilities shall implement recommendations f rom the committee whenever possible. Partic ipating utilities shall track and report how input from the committee has led to new approaches and changes in their energy efficiency portfolios. This reporting shall occur at committee meetings and in quarterly energy efficiency reports to the Stakeholder Advisory Group and Illinois Co mmerce Commission, and other relevant reporting mechani sms. Participating utilities shall also report on relevant equ ity data and metrics requested by the committee, such as ener gy burden data, geographic, racial, and other relevant demog raphic data on where programs are being delivered an d what populations programs are serving.

The Illinois Commerce Commission shall oversee and have r elevant staff participate in the committee. The committe e shall have a budget of 0.25% of each utility's entire eff iciency portfolio funding for a given year. The budget shall be overseen by the Commission. The budget shall be used to provide grants for community-based organizations serving on the leadership committee, stipends for community-ba sed organizations participating in the committee, grants for community-based organizations to do energy efficien cy outreach and education, and relevant meeting needs as determined b y the leadership committee. The education and outreach shall in clude, but is not limited to, basic energy efficiency e ducation, information about low-income energy effi ciency programs, and information on the committee's purpose, str ucture, and activities. (d) Notwiths tanding any other provision of law to the con trary, a utility providing approved energy efficiency measures and, if applicable, demand-response measur es in the State shall be permitted to recover all reasonable and pr udently incurred costs of those measures from all retai l customers, except as provided in subsection (l) of this S ection, as follows, provided that nothing in this subsec tion (d) permits the double recovery of such costs from custom ers: (1) The utility may recover its costs through an au tomatic adjustment clause tariff filed with and approve d by the Commission. The tariff shall be established outsid e the context of a general rate case. Each year the Commiss ion shall initiate a review to reconcile any amoun ts collected with the actual costs and to determine the required adjustment to the annual tariff factor to ma tch annual expenditures. To enable the financing of the incremental capital expenditures, including regulatory as sets, for electric utilities that serve less than 3,000 ,000 retail customers but more than 500,000 retail c ustomers in the State, the utility's actual year-e nd capital structure that includes a common equity ratio, ex cluding goodwill, of up to and including 50% of the tot al capital structure shall be deemed reasonable and us ed to set rates. (2) A utility may recover its costs through an ener gy efficiency formula rate approved by the Commission under a filing under subsections (f) and (g) of this Section, whi ch shall specify the cost components that form the bas is of the rate charged to customers with sufficient sp ecificity to operate in a standardized manner and be up dated annually with transparent information that reflec ts the utility's actual costs to be recovered durin g the applicable rate year, which is the period beginning w ith the first billing day of January and extending throu gh the last billing day of the following December. T he energy efficiency formula rate shall be implemented t hrough a tariff filed with the Commission under subsecti ons (f) and (g) of this Section that is consisten t with the provisions of this paragraph (2) and that shall be applicable to all delivery services customers. The Com mission shall conduct an investigation of the tariff i n a manner consistent with the provisions of this paragraph (2), subsections (f) and (g) of this Section, and the pro visions of Article IX of this Act to the extent they d o not conflict with this paragraph (2). The energy efficien cy formula rate approved by the Commission shall remain in effect at the discretion of the utility and sha ll do the following: (A) Provide for the recovery of the utility's actual costs incurred under this Section that are prudent ly incurred and reasonable in amount consistent wi th Commission practice and law. The sole fact that a co st differs from that incurred in a prior calendar year or that an investment is different from that made in a prior calendar year shall not imply the imprudence o r unreasonableness of that cost or investment . (B) Reflect the utility's actual year-e nd capital structure for the applicable calendar year, excluding goo dwill, subject to a determination of prudence and reas onableness consistent with Commission practice and la w. To enable the financing of the incremental capital e xpenditures, including regulatory assets, for el ectric utilities that serve less than 3,000,000 retail customers but more than 500,000 retail customers i n the State, a participating electric utility' s actual year-end capital structure that in cludes a common equity ratio, excluding goodwill, of up to and including 50% of the total capital structure sh all be deemed reasonable and used to set rates. (C) Include a cost of equity, which shall be calculated as the sum of the following: (i) the average for the applicable cale ndar year of the monthly average yields of 30-year U.S. Treasury bonds published by the Board of Governors of the Federal Reserve System in its weekly H.15 Statisti cal Release or successor publication; and (ii) 580 basis points. At such time as the Board of Governors of the Federal Reserve System ceases to include the monthly aver age yields of 30-year U.S. Treasury bonds in it s weekly H.15 Statistical Release or successor publication, the monthly average yields of the U.S. Treas ury bonds then having the longest duration published by the Board of Governors in its weekly H.15 St atistical Release or successor publication shall instea d be used for purposes of this paragraph (2). (D) Permit and set forth protocols, subject t o a determination of prudence and reasonableness consistent w ith Commission practice and law, for the foll owing: (i) recovery of incentive compensation expense that is based on the achievement of operational metrics, including metrics related to budget controls, ou tage duration and frequency, safety, customer service, efficiency and productivity, and enviro nmental compliance; however, this protocol shall no t apply if such expense related to costs incurred under this Section is recovered under Article IX or Section 16-108.5 of this Act; incenti ve compensation expense that is based on net incom e or an affiliate's earnings per share shall not be recoverable under the energy efficiency form ula rate; (ii) recovery of pension and other post -employment benefits expense, provided that suc h costs are supported by an actuarial study; however, this protocol shall not apply if such expense re lated to costs incurred under this Section is r ecovered under Article IX or Section 16-108.5 of this Act;

(iii) recovery of existing regulatory a ssets over the periods previously authorized by the Commission;

(iv) as described in subsection (e), am ortization of costs incurred under this Section; and (v) pr ojected, weather normalized billi ng determinants for the applicable rate year. (E) Provide for an annual reconciliation, as described in paragraph (3) of this subsection (d), less a ny deferred taxes related to the reconciliation, wi th interest at an annual rate of return equal to the ut ility's weighted average cost of capital, including a r evenue conversion factor calculated to recover or refu nd all additional income taxes that may be payable or receivable as a result of that return, of the energy e fficiency revenue requirement reflected in rates for eac h calendar year, beginning with the calendar year in w hich the utility files its energy efficiency formula rate tariff under this paragraph (2), with what t he revenue requirement would have been had the actu al cost information for the applicable calendar year been available at the filing date. The utility shall file, together with its tariff, t he projected costs to be incurred by the utility during the rate year under the utility's multi-year plan appro ved under subsections (f) and (g) of this Section, including, but not limited to, the projected capital investment cost s and projected regulatory asset balances with correspondin gly updated depreciation and amortization res erves and expense, that shall populate the energy effi ciency formula rate and set the initial rates under t he formula. The Commi ssion shall review the proposed tariff in conjunction with its review of a proposed multi-yea r plan, as specified in paragraph (5) of subsection (g) of this S ection. The review shall be based on the same evidentiar y standards, including, but not limited to, those concernin g the prudence and reasonableness of the costs incurred by the utility, the Commission applies in a hearing to revie w a filing for a general increase in rates under Article IX of this Act. The initial rates shall take effect beginnin g with the January monthly billing period following the Com mission's approval. The tariff's rate design and cost allocation across customer classes shall be consistent with the utility's a utomatic adjustment clause tariff in effect on June 1, 2 017 (the effective date of Public Act 99-906); how ever, the Commission may revise the tariff's rate design and co st allocation in subsequent proceedings under paragraph (3) of this subsection (d).

If the energy efficiency formula rate is terminated , the then current rates shall remain in effect until such time as the energy efficiency costs are incorporated into new rates that are set under this subsection (d) or Artic le IX of this Act, subject to retroactive rate adjus tment, with interest, to reconcile rates charged wit h actual costs. (3) The provisions of this paragraph (3) shall only apply to an electric utility that has elected to file an energy efficiency formula rate under paragraph (2) of thi s subsection (d). Subsequent to the Commission's issuance o f an order approving the utility's energy efficiency formul a rate structure and protocols, and initial rates under par agraph (2) of this subsection (d), the utility shall f ile, on or before June 1 of each year, with the Chief Cl erk of the Commission its updated cost inputs to the en ergy efficiency formula rate for the applicable rate ye ar and the corresponding new charges, as well as the in formation described in paragraph (9) of subsection (g) of this Section. Each such filing shall conform to the fo llowing requirements and include the following informat ion: (A) The inputs to the energy efficiency formu la rate for the applicable rate year shall be based on the p rojected costs to be incurred by the utility during the rate year under the utility's multi-year plan a pproved under subsections (f) and (g) of this Section, i ncluding, but not limited to, projected capital investment costs and projected regulatory asset b alances with correspondingly updated depreciation and amortization reserves and expense. The f iling shall also include a reconciliation of the ene rgy efficiency revenue requirement that was in effect for the prior rate year (as set by the cost inputs for the prior rate year) with the actual revenue r equirement for the prior rate year (determined u sing a year-end rate base) that uses a mounts reflected in the applicable FERC Form 1 that repo rts the actual costs for the prior rate year. Any ove r-collection or under-collection indicated by such reconciliation shall be reflected as a credit against, or recovered as an additional charge to, respectively, wi th interest calculated at a rate equal to the utility's weighted average cost of capital approved by th e Commission for the prior rate year, the charges for t he applicable rate year. Such over-collection or under-collection shall be adjusted to remove any de ferred taxes related to the reconciliation, for purpose s of calculating interest at an annual rate of ret urn equal to the utility's weighted average cost of ca pital approved by the Commission for the prior rate yea r, including a revenue conversion factor calculated to recover or refund all additional income taxes that may be payable or receivable as a result of that return. Each reconciliation shall be certified by the par ticipating utility in the same manner that FERC Form 1 is certified. The filing shall also include the ch arge or credit, if any, resulting from the calculation required by subparagraph (E) of paragraph (2) of this subsection (d).

Notwithstanding any other provision of law to the contrary, the intent of the reconciliation is to ultimate ly reconcile both the revenue requirement reflect ed in rates for each calendar year, beginning with the calendar year in which the utility files its ene rgy efficiency formula rate tariff under paragraph (2) of this subsection (d), with what the revenue require ment determined using a year-end rate base f or the applicable calendar year would have been had the actu al cost information for the applicable calendar year been available at the filing date. For purposes of this Section, "FERC Form 1" m eans the Annual Report of Major Electric Utilities, Licensees and Others that electric utilities are required to file with the Federal Energy Regulatory Commi ssion under the Federal Power Act, Sections 3, 4(a), 304 and 209, modified as necessary to be consistent with 83 Ill. Adm. Code Part 415 as of May 1, 2 011. Nothing in this Section is intended to allow costs that are not otherwise recoverable to be recoverabl e by virtue of inclusion in FERC Form 1.

(B) The new charges shall take effect beginni ng on the first billing day of the following January billing pe riod and remain in effect through the last billing day of the next December billing period regardless of whe ther the Commission enters upon a hearing under this p aragraph (3). (C) The filing shall include relevant and nec essary data and documentation for the applicable rate year. Normalization adjustments shall not be require d. Within 45 da ys after the utility files its annual u pdate of cost inputs to the energy efficiency formula ra te, the Commission shall with reasonable notice, initia te a proceeding concerning whether the projected co sts to be incurred by the utility and recovered during the applicable rate year, and that are reflected in the i nputs to the energy efficiency formula rate, are consist ent with the utility's approved multi-year p lan under subsections (f) and (g) of this Section and whether the costs incurred by the utility during the prior rate y ear were prudent and reasonable. The Commission shall al so have the authority to investigate the information an d data described in paragraph (9) of subsection (g) of this Section, including the proposed adjustment to the utility 's return on equity component of its weighted aver age cost of capital. During the course of the proceed ing, each objection shall be stated with particula rity and evidence provided in support thereof, a fter which the utility shall have the opportunity to reb ut the evidence. Discovery shall be allowed consistent with the Commission's Rules of Practice, which Rules of P ractice shall be enforced by the Commission or the assig ned administrative law judge. The Commission shall a pply the same evidentiary standards, including, but not limited to, those concerning the prudence and reasonablen ess of the costs incurred by the utility, duri ng the proceeding as it would apply in a proceeding t o review a filing for a general increase in rates under Art icle IX of this Act. The Commission shall not, however , have the authority in a proceeding under this paragraph ( 3) to consider or order any changes to the structure or protocols of the energy efficiency formula rate approved under paragraph (2) of this subsection (d). In a proceedi ng under this paragraph (3), the Commission shall enter its order no later than the earlier of 195 days aft er the utility's filing of its annual update of cost inputs to the energy efficiency formula rate or December 15. The utility's proposed return on equity calculation, as descr ibed in paragraphs (7) through (9) of subsection (g) of this Section, shall be deemed the final, approved calc ulation on December 15 of the year in which it is fil ed unless the Commission enters an order on or before Decemb er 15, after notice and hearing, that modifies such calculation consistent with this Section. The Commission' s determinations of the prudence and reasonableness of the costs incurred, and determination of such return on equit y calculation, for the applicable calendar year shall be fi nal upon entry of the Commission's order and shall not be subject to reopening, reexamination, or collateral att ack in any other Commission proceeding, case, docket, order, rule, or regulation; however, nothing in this para graph (3) shall prohibit a party from petitioning the Commission to rehear or appeal to the courts the order un der the provisions of this Act. (e) B eginning on June 1, 2017 (the effective date of Publ ic Act 99-906), a utility subject to the requir ements of this Section may elect to defer, as a regulatory asset, u p to the full amount of its expenditures incurred under this S ection for each annual period, including, but not limite d to, any expenditures incurred above the funding level set by subsection (f) of this Section for a given year. The tota l expenditures deferred as a regulatory asset in a given ye ar shall be amortized and recovered over a period that is eq ual to the weighted average of the energy efficiency measure liv es implemented for that year that are reflected in the regul atory asset. The unamortized balance shall be recognized as of December 31 for a given year. The utility shall also earn a return on the total of the unamortized balances of all of the energy efficiency regulatory assets, less any deferred ta xes related to those unamortized balances, at an annual rate equal to the utility's weighted average cost of capital that in cludes, based on a year-end capital structure, th e utility's actual cost of debt for the applicable calendar year and a cost of equity, which shall be calculated as the sum of the (i ) the average for the applicable calendar year of the monthly a verage yields of 30-year U.S. Treasury bonds publi shed by the Board of Governors of the Federal Reserve System in its w eekly H.15 Statistical Release or successor publication; and (i i) 580 basis points, including a revenue conversion factor c alculated to recover or refund all additional income tax es that may be payable or receivable as a result of that ret urn. Capital investment costs shall be depreciated and recover ed over their useful lives consistent with generally accepte d accounting principles. The weighted average cost of capit al shall be applied to the capital investment cost balance, less any accumulated depreciation and accumulated deferred inc ome taxes, as of December 31 for a given year. When an electric utility creates a regulatory asset under the provisions of this Section, the costs are recovered o ver a period during which customers also receive a benefit whic h is in the public interest. Accordingly, it is the intent of the General Assembly that an electric utility that elects to create a regulatory asset under the provisions of this Se ction shall recover all of the associated costs as set forth in this Section. After the Commission has approved the prudence a nd reasonableness of the costs that comprise the regulatory asset, the electric utility shall be permitted to recover all such costs, and the value and recoverability through rate s of the associated regulatory asset shall not be limited, alt ered, impaired, or reduced. (f) Be ginning in 2017, each electric utility shall file a n energy efficiency plan with the Commission to meet the en ergy efficiency standards for the next applicable multi- year period beginning January 1 of the year following the filing, acc ording to the schedule set forth in paragraphs (1) thr ough (3) of this subsection (f). If a utility does not file su ch a plan on or before the applicable filing deadline for the plan, it shall face a penalty of $100,000 per day until the pla n is filed. (1) No later th an 30 days after June 1, 2017 (the e ffective date of Public Act 99-906), each electric utility shall file a 4-year energy efficiency plan commencing on January 1, 2018 that is designed to achieve the cumulative persisting annual savings goals specified in paragraphs (1) through (4) of subsection (b-5) o f this Section or in paragraphs (1) through (4) of subsection (b -15) of this Section, as applicable, through impl ementation of energy efficiency measures; however, th e goals may be reduced if the utility's expenditures are li mited pursuant to subsection (m) of this Section or, fo r a utility that serves less than 3,000,000 retail customer s, if each of the following conditions are met: ( A) the plan's analysis and forecasts of the utility's ab ility to acquire energy savings demonstrate that achiev ement of such goals is not cost effective; and (B) the amount of energy savings achieved by the utility as d etermined by the independent evaluator for the most rece nt year for which savings have been evaluated precedi ng the plan filing was less than the average annua l amount of savings required to achieve the goals for the a pplicable 4-year plan period. Except as provided i n subsection (m) of this Section, annual increases in cumul ative persisting annual savings goals during the app licable 4-year plan period shall not be reduced to amounts that are less than the maximum amount of cumulati ve persisting annual savings that is forecast to be cost-effectively achievable during the 4-y ear plan period. The Commission shall review any proposed goal red uction as part of its review and approval of the utili ty's proposed plan. (2) No later than March 1, 2021, each electric util ity shall file a 4-year energy efficiency plan commenci ng on January 1, 2022 that is designed to achieve the cumulativ e persisting annual savings goals specified in paragraphs ( 5) through (8) of subsection (b-5) of this Section or in paragraphs (5) through (8) of subsection (b-15) of this Section, as applicable, through implementation of energy efficiency measures; however, the goals may be reduced if either (1) clear and convincing evidence demonstrates, th rough independent analysis, that the expenditure limits in subsection (m) of this Section preclude full achieveme nt of the goals or (2) each of the following con ditions are met: (A) the plan's analysis and forecasts of the utility's ability to acquire energy savings demons trate by clear and convincing evidence and through independent analysis that achievement of such goals is no t cost effective; and (B) the amount of energy savings achi eved by the utility as determined by the independent evaluator for the most recent year for which savings have been evaluated preceding the plan filing was less than th e average annual amount of savings required to achieve the goals for the applicable 4-year plan period. If the re is not clear and convincing evidence that achieving the savi ngs goals specified in paragraph (b-5) or (b-15) of this Section is possible both cost-effectively and within the expenditure limits in subsection (m), such savings go als shall not be reduced. Except as provided in subsect ion (m) of this Section, annual increases in cumul ative persisting annual savings goals during the app licable 4-year plan period shall not be reduced to amounts that are less than the maximum amount of cumulati ve persisting annual savings that is forecast to be cost-effectively achievable during the 4-y ear plan period. The Commission shall review any proposed goal red uction as part of its review and approval of the utili ty's proposed plan. (3) No later than March 1, 2025, each electric util ity shall file a 4-year energy efficiency plan commenci ng on January 1, 2026 that is designed to achieve the cumulativ e persisting annual savings goals specified in paragraphs ( 9) through (12) of subsection (b-5) of this Sectio n or in paragraphs (9) through (12) of subsection (b-15) of this Section, as applicable, through implementation of energy efficiency measures; however, the goals may be reduced if either (1) clear and convincing evidence demonstrates, th rough independent analysis, that the expenditure limits in subsection (m) of this Section preclude full achieveme nt of the goals or (2) each of the following con ditions are met: (A) the plan's analysis and forecasts of the utility's ability to acquire energy savings demons trate by clear and convincing evidence and through independent analysis that achievement of such goals is no t cost effective; and (B) the amount of energy savings achi eved by the utility as determined by the independent evaluator for the most recent year for which savings have been evaluated preceding the plan filing was less than th e average annual amount of savings required to achieve the goals for the applicable 4-year plan period. If the re is not clear and convincing evidence that achieving the savi ngs goals specified in paragraphs (b-5) or (b-15) of this Section is possible both cost-effectively and within the expenditure limits in subsection (m), such savings go als shall not be reduced. Except as provided in subsect ion (m) of this Section, annual increases in cumul ative persisting annual savings goals during the app licable 4-year plan period shall not be reduced to amounts that are less than the maximum amount of cumulati ve persisting annual savings that is forecast to be cost-effectively achievable during the 4-y ear plan period. The Commission shall review any proposed goal red uction as part of its review and approval of the utili ty's proposed plan. (4) No later than March 1, 2029, and every 4 years thereafter, each electric utility shall file a 4-ye ar energy efficiency plan commencing on January 1, 2030, and every 4 years thereafter, respectively, that is designed to achieve the cumulative persisting annual savings goals established by the Illinois Commerce Commission pursuant to direction of subsections (b-5) and (b-15) of this Section, as applicable, through implementation of energy efficiency measures; however, the goals may be reduced if either (1) clear and convincing evidence and independent analysis demonstrates that the expenditure limits in subs ection (m) of this Section preclude full achievement of the goals or (2) each of the following conditions are met: (A) the plan's analysis and forecasts of the utility 's ability to acquire energy savings demonstrate b y clear and convincing evidence and through independent ana lysis that achievement of such goals is not cost-effective; and (B) the amount of energy saving s achieved by the utility as determined by the independent evaluator for the most recent year for which savings have been evaluated preceding the plan filing was less than th e average annual amount of savings required to achieve the goals for the applicable 4-year plan period. If the re is not clear and convincing evidence that achieving the savi ngs goals specified in paragraphs (b-5) or (b-15) of this Section is possible both cost-effectively and within the expenditure limits in subsection (m), such savings go als shall not be reduced. Except as provided in subsect ion (m) of this Section, annual increases in cumul ative persisting annual savings goals during the app licable 4-year plan period shall not be reduced to amounts that are less than the maximum amount of cumulati ve persisting annual savings that is forecast to be cost-effectively achievable during the 4-y ear plan period. The Commission shall review any proposed goal red uction as part of its review and approval of the utili ty's proposed plan. Eac h utility's plan shall set forth the utility's proposa ls to meet the energy efficiency standards identif ied in subsection (b-5) or (b-15), as applicable and as such standards may have been modified under this subsection (f ), taking into account the unique circumstances of the utili ty's service territory. For those plans commencing on January 1, 2018, the Commission shall seek public comment on the uti lity's plan and shall issue an order approving or disa pproving each plan no later than 105 days after June 1, 2017 (the effective date of Public Act 99-906). For those plans commencing after December 31, 2021, the Commission shall seek public comment on the utility's plan and shall issue an order approving or disapproving each plan within 6 months after its submission. If the Commission disapproves a pla n, the Commission shall, within 30 days, describe in detail the reasons for the disapproval and describe a path by which the utility may file a revised draft of the plan to address t he Commission's concerns satisfactorily. If the utility does not refile with the Commission within 60 days, the utility sh all be subject to penalties at a rate of $100,000 per day unt il the plan is filed. This process shall continue, and penalties shall accrue, until the utility has successfully filed a portfolio of energy efficiency and demand-response measures. Penalties shall be deposited into the Energy Efficiency T rust Fund. (g) In submitting pro posed plans and funding levels under subsection (f) of this Section to meet the savings goals identified in subsection (b-5) or (b-15) of t his Section, as applicable, the utility shall: (1) Demonstrate that its proposed energy efficiency measures will achieve the applicable requirements that ar e identified in subsection (b-5) or (b-15) of t his Section, as modified by subsection (f) of this Section. (2) (Blank). (2. 5) Demonstrate consideration of program options for (A) advancing new building codes, appliance standards, an d municipal regulations governing existing and new building efficiency improvements and (B) supporting efforts to imp rove compliance with new building codes, appliance sta ndards and municipal regulations, as potentially cost-effective means of acquiring energy savings to count toward savings goals. (3) Demonstrate that its overall portfolio of measu res, not including low-income programs describ ed in subsection (c) of this Section, is cost-effective u sing the total resource cost test or complies with paragraphs (1) through (3) of subsection (f) of this Section and rep resents a diverse cross-section of opportunities for customers of all rate classes, other than those customers described in subsection (l) of this Section, to participa te in the programs. Individual measures need not be cost effective. (3. 5) Demonstrate that the utility's plan integrate s the delivery of energy efficiency programs with natural g as efficiency programs, programs promoting distributed s olar, programs promoting demand response and other effor ts to address bill payment issues, including, but no t limited to, LIHEAP and the Percentage of Income Payment P lan, to the extent such integration is practical and has the potential to enhance customer engagement, minimize ma rket confusion, or reduce administrative costs.

(4) Present a third-party energy efficiency i mplementation program subject to the following requireme nts: (A ) beginning with the year commencing Januar y 1, 2019, electric utilities that serve more than 3,000,000 r etail customers in the State shall fund third-party energy efficiency programs in an amount that is no less than $25,000,000 per year, and electric u tilities that serve less than 3,000,000 retail customers but more than 500,000 retail customers i n the State shall fund third-party energ y efficiency programs in an amount that is no less than $8, 350,000 per year; (B) during 2018, the utility shall conduct a solicitation process for purposes of requesting proposals from third-party vendors for those third-party energy efficiency programs to be offere d during one or more of the years commencing January 1, 201 9, January 1, 2020, and January 1, 2021; for those mul ti-year plans commencing on January 1, 2022 and January 1, 2026, the utility shall conduct a solicitation process during 2021 and 2025, respectively, for purposes of requesting proposals from t hird-party vendors for those third-part y energy efficiency programs to be offered during one or more year s of the respective multi-year plan period; for each solicitation process, the utility shall identify the sector, technology, or geographical area for which it is seeking requests for proposals; the solicitation pr ocess must be either for programs that fill gaps in the utility's program portfolio and for programs that tar get low-income customers, business sectors, buil ding types, geographies, or other specific parts of i ts customer base with initiatives that would be more effective at reaching these customer segments than t he utilities' programs filed in its energy efficien cy plans; (C) the utility shall propose the bidder qual ifications, performance measurement process, and cont ract structure, which must include a performance paym ent mechanism and general terms and conditions; the p roposed qualifications, process, and structure shall be subject to Commission approval; and (D) the utility shall retain an independent t hird party to score the proposals received through the solicit ation process described in this paragraph (4), ran k them according to their cost per lifetime kilowatt-hours saved, and assemble the portfolio of third-party programs.

The electric utility shall recover all costs associ ated with Commission-approved, third-pa rty administered programs regardless of the success of those programs. (4.5) Imple ment cost-effective demand-r esponse measures to reduce peak demand by 0.1% over the prior yea r for eligible retail customers, as defined in Section 16-111.5 of this Act, and for customers that elect hourly service from the utility pursuant to Section 16-107 of this Act, provided those customers have not been declared competitive. This requirement continues until December 31 , 2026. (5) Include a p roposed or revised cost-recove ry tariff mechanism, as provided for under subsection (d) of this S ection, to fund the proposed energy efficiency and deman d-response measures and to ensure the recovery of the prudently and reasonably incurred costs of Commission-approved programs. (6) Provide for an annual independent evaluation of the performance of the cost-effectiveness of the ut ility's portfolio of measures, as well as a full review of the mu lti-year plan results of the broader net program impacts and, to the extent practical, for adjustment of the measu res on a going-forward basis as a result of th e evaluations. The resources dedicated to evaluation shall not exceed 3% of portfolio resources in any given year. (7) For electric utilities that serve more than 3,0 00,000 retail customers in the State: (A) Through December 31, 2025, provide for an adjustment to the return on equity component of the utili ty's weighted average cost of capital calculated und er subsection (d) of this Section: (i) If the independent evaluator determ ines that the utility achieved a cumulative persisting annual savings that is less than the applicable annual in cremental goal, then the return on equity compon ent shall be reduced by a maximum of 200 basis poin ts in the event that the utility achieved no mo re than 75% of such goal. If the utility ac hieved more than 75% of the applicable annual i ncremental goal but less than 100% of such goal, then the return on equity component shall be reduce d by 8 basis points for each percent by which the u tility failed to achieve the goal. (ii) If the independent evaluator deter mines that the utility achieved a cumulative persisting annual savings that is more than the applicable annual in cremental goal, then the return on equity compon ent shall be increased by a maximum of 200 basis po ints in the event that the utility achieved at le ast 125% of such goal. If the utility achie ved more than 100% of the applicable annual incremental goal but less than 125% of such goal, then the return on equity component shall be increa sed by 8 basis points for each percent by which the utility achieved above the goal. If the applica ble annual incremental goal was reduced under para graph (1) or (2) of subsection (f) of this Sect ion, then the following adjustments shall be mad e to the calculations described in this item (ii): (aa) the calculation for determin ing achievement that is at least 125% of the applicable annua l incremental goal shall use the unreduce d applicable annual incremental goal to set t he value; and (bb) the calculation for determin ing achievement that is less than 125% but more than 100% of the applicable annual incremental goal shall use the reduced applicable annual incremental goal to set the value for 100% achievement of the goal and shall use the unreduced goal to set the value for 125% achievement. The 8 basis point value shall also be modifi ed, as necessary, so that the 200 basis poi nts are evenly apportioned among each percen tage point value between 100% and 125% achieve ment. (B) For the period January 1, 2026 through De cember 31, 2029 and in all subsequent 4-year peri ods, provide for an adjustment to the return on equit y component of the utility's weighted average cost o f capital calculated under subsection (d) of this S ection: (i) If the independent evaluator determ ines that the utility achieved a cumulative persisting annual savings that is less than the applicable annual in cremental goal, then the return on equity compon ent shall be reduced by a maximum of 200 basis poin ts in the event that the utility achieved no mo re than 66% of such goal. If the utility ac hieved more than 66% of the applicable annual i ncremental goal but less than 100% of such goal, then the return on equity component shall be reduce d by 6 basis points for each percent by which the u tility failed to achieve the goal. (ii) If the independent evaluator deter mines that the utility achieved a cumulative persisting annual savings that is more than the applicable annual in cremental goal, then the return on equity compon ent shall be increased by a maximum of 200 basis po ints in the event that the utility achieved at le ast 134% of such goal. If the utility achie ved more than 100% of the applicable annual incremental goal but less than 134% of such goal, then the return on equity component shall be increa sed by 6 basis points for each percent by which the utility achieved above the goal. If the applica ble annual incremental goal was reduced under para graph (3) of subsection (f) of this Section, th en the following adjustments shall be made to the calculations described in this item (ii): (aa) the calculation for determin ing achievement that is at least 134% of the applicable annua l incremental goal shall use the unreduce d applicable annual incremental goal to set t he value; and (bb) the calculation for determin ing achievement that is less than 134% but more than 100% of the applicable annual incremental goal shall use the reduced applicable annual incremental goal to set the value for 100% achievement of the goal and shall use the unreduced goal to set the value for 134% achievement. The 6 basis point value shall also be modifi ed, as necessary, so that the 200 basis poi nts are evenly apportioned among each percen tage point value between 100% and 134% achieve ment. (C) Notwithstanding the provisions of subpara graphs (A) and (B) of this paragraph (7), if the a pplicable annual incremental goal for an electric ut ility is ever less than 0.6% of deemed average weather normalized sales of electric power and energy dur ing calendar years 2014, 2015, and 2016, an adjustment to the return on equity component of the utili ty's weighted average cost of capital calculated und er subsection (d) of this Section shall be made as fol lows: ( i) If the independent evaluator determ ines that the utility achieved a cumulative persisting annual savings that is less than would have been achieved had the applicable annual incremental goal been achieved, then the return on equity component s hall be reduced by a maximum of 200 basis poin ts if the utility achieved no more than 75% of its applicable annual total savings requirement as defined in paragraph (7.5) of this subsect ion. If the utility achieved more than 75% of the applicable annual total savings requirement but le ss than 100% of such goal, then the return on equit y component shall be reduced by 8 basis points for e ach percent by which the utility failed to ac hieve the goal.

(ii) If the independent evaluator deter mines that the utility achieved a cumulative persisting annual savings that is more than would have been achieved had the applicable annual incremental goal been achieved, then the return on equity component s hall be increased by a maximum of 200 basis po ints if the utility achieved at least 125% of its applicable annual total savings requirement. If th e utility achieved more than 100% of th e applicable annual total savings requirement b ut less than 125% of such goal, then the ret urn on equity component shall be increased by 8 ba sis points for each percent by which the utility a chieved above the applicable annual total saving s requirement. If the applicable annual incremental goal was reduced under paragraph (1) or (2) o f subsection (f) of this Section, then the follow ing adjustments shall be made to the calculations d escribed in this item (ii): (aa) the calculation for determin ing achievement that is at least 125% of the applicable annua l total savings requirement shall use the unreduced applicable annual incremental goa l to set the value; and (bb) the calculation for determin ing achievement that is less than 125% but more than 100% of the applicable annual total savings requirem ent shall use the reduced applicable annu al incremental goal to set the value for 1 00% achievement of the goal and shall use the unreduced goal to set the value for 125% ac hievement. The 8 basis point value shall also be modified, as necessary, so that the 200 bas is points are evenly apportioned among each pe rcentage point value between 100% and 125% a chievement. (7.5) For purposes of this Section, the term "appli cable annual incremental goal" means the difference between the cumulative persisting annual savings goal for the calendar year that is the subject of the independent evaluator's determination and the cumulative persisting a nnual savings goal for the immediately preceding calenda r year, as such goals are defined in subsections (b-5 ) and (b-15) of this Section and as these goals may have been modified as provided for under subsection (b-20) an d paragraphs (1) through (3) of subsection (f) of this Sect ion. Under subsections (b), (b-5), (b-10) , and (b-15) of this Section, a utility must first replace energy savi ngs from measures that have expired before any progre ss towards achievement of its applicable annual inc remental goal may be counted. Savings may expire becau se measures installed in previous years have reached the end of their lives, because measures installed in pre vious years are producing lower savings in the current year than in the previous year, or for other reasons iden tified by independent evaluators. Notwithstanding any thing else set forth in this Section, the difference b etween the actual annual incremental savings achieved in any given year, including the replacement of energy savin gs that have expired, and the applicable annual incr emental goal shall not affect adjustments to the retu rn on equity for subsequent calendar years under this subsection (g). In th is Section, "applicable annual total savings r equirement" means the total amount of new annual savings that the utility must achieve in any given year to achiev e the applicable annual incremental goal. This is equal to the applicable annual incremental goal plus the total new annual savings that are required to replace savings that expired in or at the end of the previous year. (8) For electric utilities that serve less than 3,0 00,000 retail customers but more than 500,000 retail c ustomers in the State: (A) Through December 31, 2025, the applicable annual incremental goal shall be compared to the annual i ncremental savings as determined by the independe nt evaluator. (i) The return on equity component shal l be reduced by 8 basis points for each percent by which the u tility did not achieve 84.4% of the applicable annual incremental goal. (ii) The return on equity component sha ll be increased by 8 basis points for each percent by which the utility exceeded 100% of the applicable annual incremental goal. (iii) The return on equity component sh all not be increased or decreased if the annual incremental savin gs as determined by the independent eval uator is greater than 84.4% of the applic able annual incremental goal and less than 100% of the applicable annual incremental goal. (iv) The return on equity component sha ll not be increased or decreased by an amount greater than 200 b asis points pursuant to this subparagraph (A). (B) For the period of January 1, 2026 through December 31, 2029 and in all subsequent 4-year peri ods, the applicable annual incremental goal shall be compared to the annual incremental savings as determin ed by the independent evaluator. (i) The return on equity component shal l be reduced by 6 basis points for each percent by which the u tility did not achieve 100% of the applicable annual incremental goal. (ii) The return on equity component sha ll be increased by 6 basis points for each percent by which the utility exceeded 100% of the applicable annual incremental goal. (iii) The return on equity component sh all not be increased or decreased by an amount greater than 200 b asis points pursuant to this subparagraph (B). (C) Notwithstanding provisions in subparagrap hs (A) and (B) of paragraph (7) of this subsection, if the a pplicable annual incremental goal for an electric utilit y is ever less than 0.6% of deemed average weather normalized sales of electric power and energy dur ing calendar years 2014, 2015 and 2016, an adjustment to the return on equity component of the utili ty's weighted average cost of capital calculated und er subsection (d) of this Section shall be made as fol lows: ( i) The return on equity component shal l be reduced by 8 basis points for each percent by which the u tility did not achieve 100% of the applicable annual total savings requirement. (ii) The return on equity component sha ll be increased by 8 basis points for each percent by which the utility exceeded 100% of the applicable annual total savings requirement.

(iii) The return on equity component sh all not be increased or decreased by an amount greater than 200 b asis points pursuant to this subparagraph (C).

(D) If the applicable annual incremental goal was reduced under paragraph (1), (2), (3), or (4) of subsecti on (f) of this Section, then the following adjust ments shall be made to the calculations described i n subparagraphs (A), (B), and (C) of this para graph (8): (i) The calculation for determining ach ievement that is at least 125% or 134%, as applicable, of the applicable annual incremental goal or the applicable annual total savings requirement, as applicable, shall use the unreduced appli cable annual incremental goal to set the v alue. (ii) For the period through December 31 , 2025, the calculation for determining achievement that is less than 125% but more than 100% of the applicable an nual incremental goal or the applicable annu al total savings requirement, as applicabl e, shall use the reduced applicable annual incre mental goal to set the value for 100% achieve ment of the goal and shall use the unreduced goal to set the value for 125% achievement. The 8 basis point value shall also be modifi ed, as necessary, so that the 200 basis points are evenly apportioned among each percentage point value between 100% and 125% achievement.

(iii) For the period of January 1, 2026 through December 31, 2029 and all subsequent 4-year periods, the calculation for determining ach ievement that is less than 125% or 134%, as applicable , but more than 100% of the applicable annual i ncremental goal or the applicable annual total sa vings requirement, as applicable, shall use the r educed applicable annual incremental goal to set the value for 100% achievement of the goal and sha ll use the unreduced goal to set the value for 125 % achievement. The 6 basis-point value or 8 basis-point value, as applicable, shall also be mod ified, as necessary, so that the 200 basis points are evenly apportioned among each percentage point value between 100% and 125% or between 1 00% and 134% achievement, as applicable. (9) The utility shall submit the energy savings dat a to the independent evaluator no later than 30 days after the close of the plan year. The independent evaluator sha ll determine the cumulative persisting annual savings for a given plan year, as well as an estimate of job impa cts and other macroeconomic impacts of the efficiency programs for that year, no later than 120 days after the close of the plan year. The utility shall submit an infor mational filing to the Commission no later than 160 days after the close of the plan year that attaches the i ndependent evaluator's final report identifying the cumu lative persisting annual savings for the year and cal culates, under paragraph (7) or (8) of this subsection (g), as applicable, any resulting change to the utility's return on equity component of the weighted average cost o f capital applicable to the next plan year beginning with t he January monthly billing period and extending through the December monthly billing period. However, if the util ity recovers the costs incurred under this Section un der paragraphs (2) and (3) of subsection (d) of this Se ction, then the utility shall not be required to submit such informational filing, and shall instead submit the i nformation that would otherwise be included in the infor mational filing as part of its filing under paragrap h (3) of such subsection (d) that is due on or before June 1 of each year. For thos e utilities that must submit the informatio nal filing, the Commission may, on its own motion or by petit ion, initiate an investigation of such filing, provi ded, however, that the utility's proposed return on equity calculation shall be deemed the final, approved ca lculation on December 15 of the year in which it is fil ed unless the Commission enters an order on or before Decemb er 15, after notice and hearing, that modifies such calculation consistent with this Section. The adjustments to the return on equity component d escribed in paragraphs (7) and (8) of this subsection (g ) shall be applied as described in such paragraphs through a separate tariff mechanism, which shall be filed by the ut ility under subsections (f) and (g) of this Section. (9.5) The utility must demonstrate how it will ensu re that program implementation contractors and energy effici ency installation vendors will promote workforce eq uity and quality jobs. (9.6) Utilities shall collect data necessary to ens ure compliance with paragraph (9.5) no less than quarterly an d shall communicate progress toward compliance with paragra ph (9.5) to program implementation contractors and energy efficiency installation vendors no less than quart erly. Utilities shall work with relevant vendors, pr oviding education, training, and other resources needed to ensure compliance and, where necessary, adjusting or t erminating work with vendors that cannot assist with com pliance. (10) Utili ties required to implement efficiency pro grams under subsections (b-5) and (b-10) s hall report annually to the Illinois Commerce Commission and the Gene ral Assembly on how hiring, contracting, job training , and other practices related to its energy efficiency prog rams enhance the diversity of vendors working on such programs. These reports must include data on vendor and e mployee diversity, including data on the implementation of paragraphs (9.5) and (9.6). If the utility is not meet ing the requirements of paragraphs (9.5) and (9.6), t he utility shall submit a plan to adjust their activitie s so that they meet the requirements of paragraphs (9.5) an d (9.6) within the following year. (h) No more than 4% of energy efficiency and demand-response program revenue may be allocated fo r research, development, or pilot deployment of new equipment or meas ures. Electric utilities shall work with interested stakeholder s to formulate a plan for how these funds should be spent, inc orporate statewide approaches for these allocations, a nd file a 4-year plan that demonstrates that collabora tion. If a utility files a request for modified annual energy saving s goals with the Commission, then a utility shall forgo spe nding portfolio dollars on research and development proposals.

(i) When practicable, electric utilities shall incorporat e advanced metering infrastructure data into the planning, implementation, and evaluation of energy efficiency measu res and programs, subject to the data privacy and confidentia lity protections of applicable law. (j) The independent evaluator shall follow the guidelines and use the savings set forth in Commission-approve d energy efficiency policy manuals and technical reference manuals , as each may be updated from time to time. Until such time as measure life values for energy efficiency measures implem ented for low-income households under subsection (c) of t his Section are incorporated into such Commission-approved manu als, the low-income measures shall have the same measure lif e values that are established for same measures implemented in hou seholds that are not low-income households. (k) Notwithstanding any provision of law to the contrary, an electric utility subject to the requirements of this S ection may file a tariff cancelling an automatic adjustm ent clause tariff in effect under this Section or Section 8-103, which shall take effect no later than one business day af ter the date such tariff is filed. Thereafter, the utility sh all be authorized to defer and recover its expenditures incur red under this Section through a new tariff authorized under subsection (d) of this Section or in the utility's next r ate case under Article IX or Section 16-108.5 of this A ct, with interest at an annual rate equal to the utility's weighte d average cost of capital as approved by the Commission in such case. If the utility elects to file a new tariff under su bsection (d) of this Section, the utility may file the tariff within 10 days after June 1, 2017 (the effective d ate of Public Act 99-906), and the cost inputs to such tar iff shall be based on the projected costs to be incurred by the utilit y during the calendar year in which the new tariff is filed and that were not recovered under the tariff that was cancell ed as provided for in this subsection. Such costs shall include those incurred or to be incurred by the utility under its multi-year plan approved under subsections (f) and (g) of this Section, including, but not limited to, projected capital investment costs and projected regulatory asset balances with correspondingly updated depreciation and amortization res erves and expense. The Commission shall, after notice and heari ng, approve, or approve with modification, such tariff and co st inputs no later than 75 days after the utility filed the tariff, provided that such approval, or approval with mod ification, shall be consistent with the provisions of this Section to the extent they do not conflict with this subs ection (k). The tariff approved by the Commission sha ll take effect no later than 5 days after the Commission ent ers its order approving the tariff. No later than 60 days after the effective date of the tar iff cancelling the utility's automatic adjustment clau se tariff, the utility shall file a reconciliation that reco nciles the moneys collected under its automatic adjus tment clause tariff with the costs incurred during the period b eginning June 1, 2016 and ending on the date that the el ectric utility's automatic adjustment clause tariff was cancelle d. In the event the reconciliation reflects an under-coll ection, the utility shall recover the costs as specified in this subs ection (k). If the reconciliation reflects an over-collection, the utility shall apply the amount of such over-collection as a one-time credit to retai l customers' bills. (l) For the calendar years cover ed by a multi-year plan commencing after December 31, 2017, subsections (a) throu gh (j) of this Section do not apply to eligible large privat e energy customers that have chosen to opt out of multi-year plans consistent with this subsection (1). (1) For purposes of this subsection (l), "eligible large private energy customer" means any retail customers , except for federal, State, municipal, and other public cu stomers, of an electric utility that serves more than 3 ,000,000 retail customers, except for federal, State, mu nicipal and other public customers, in the State and wh ose total highest 30 minute demand was more than 10,000 kilowatts, or any retail customers of an electric utility that serves less than 3,000,000 retail customers but more than 500,000 retail customers in the State and whose tota l highest 15 minute demand was more than 10,000 kilowatts. For purposes of this subsection (l), "retail customer" ha s the meaning set forth in Section 16-102 of this Act . However, for a business entity with multiple sites locate d in the State, where at least one of those sites qualifies as an eligible large private energy customer, then any of that business entity's sites, properly identified on a fo rm for notice, shall be considered eligible large priva te energy customers for the purposes of this subsect ion (l). A determination of whether this subsectio n is applicable to a customer shall be made for each multi-year plan beginning after December 31, 2017. The criteria for determining whether this subsection (l) is a pplicable to a retail customer shall be based on the 12 consecutive billing periods prior to the start of the fir st year of each such multi-year plan. (2) Within 45 days after September 15, 2021 (the ef fective date of Public Act 102-662), the Commissi on shall prescribe the form for notice required for opting o ut of energy efficiency programs. The notice must be sub mitted to the retail electric utility 12 months before the next energy efficiency planning cycle. However, withi n 120 days after the Commission's initial issuance of the f orm for notice, eligible large private energy customers may submit a form for notice to an electric utility. The form for notice for opting out of energy efficiency progr ams shall include all of the following: (A) a statement indicating that the customer has elected to opt out; (B) the account numbers for the customer acco unts to which the opt out shall apply;

(C) the mailing address associated with the c ustomer accounts identified under subparagraph (B); (D) an American Society of Heating, Refrigera ting, and Air-Conditioning Engineers (ASHRAE) level 2 or higher audit report conducted by an independent third-party expert identifying cost-effective energy efficiency project opportunities that could be invested i n over the next 10 years. A retail customer wit h specialized processes may utilize a self-audit process in lieu of the ASHRAE audit; (E) a description of the customer's plans to reallocate the funds toward internal energy efficiency ef forts identified in the subparagraph (D) report, includ ing, but not limited to: (i) strategic energy manag ement or other programs, including descriptions of t argeted buildings, equipment and operations; (ii) eli gible energy efficiency measures; and (iii) expected e nergy savings, itemized by technology. If the s ubparagraph (D) audit report identifies that the cus tomer currently utilizes the best available energy eff icient technology, equipment, programs, and operations , the customer may provide a statement that mor e efficient technology, equipment, programs, and opera tions are not reasonably available as a means of sat isfying this subparagraph (E); and (F) the effective date of the opt out, which will be the next January 1 following notice of the opt out. (3) Upon receipt of a properly and timely noticed r equest for opt out submitted by an eligible large privat e energy customer, the retail electric utility shall grant the request, file the request with the Commission and, be ginning January 1 of the following year, the opted out customer shall no longer be assessed the costs of the pla n and shall be prohibited from participating in that 4-year plan cycle to give the retail utility the certainty to de sign program plan proposals. (4) Upon a customer's election to opt out under par agraphs (1) and (2) of this subsection (l) and commenc ing on the effective date of said opt out, the acc ount properly identified in the customer's notice unde r paragraph (2) shall not be subject to any cost recovery a nd shall not be eligible to participate in, or directly benefit from, compliance with energy efficiency cumulativ e persisting savings requirements under subsections (a) thr ough (j). (5) A uti lity's cumulative persisting annual saving s targets will exclude any opted out load. (6) The request to opt out is only valid for the re quested plan cycle. An eligible large private energy cu stomer must also request to opt out for future energy p lan cycles, otherwise the customer will be included in t he future energy plan cycle. (m) Notwithstanding the requirements of this Section, as part of a proceeding to approve a multi-year plan u nder subsections (f) and (g) of this Section if the multi-year plan has been designed to maximize savings, but does not meet the cost cap limitations of this Section, the Commission shal l reduce the amount of energy efficiency measures implement ed for any single year, and whose costs are recovered under subsection (d) of this Section, by an amount necessary to limit the estimated average net increase due to the cost of the measures to no more than (1) 3.5% for each of the 4 years beginning January 1, 2018, (2) (blank), (3) 4% for each of the 4 years beginning January 1, 2022, (4) 4.25% for th e 4 years beginning January 1, 2026 , and (5) 4.25% plus an increase sufficient to account fo r the rate of inflation between January 1, 2026 and January 1 of the first year of each subsequent 4-year plan cycle, of the average amount paid per kilowatthour by residentia l eligible retail customers during calendar year 2015. An e lectric utility may plan to spend up to 10% more in any year during an applicable multi-year plan period to cost -effectively achieve additional savings so long as the average over the applicable multi-year plan period does not exceed the percentages defined in items (1) through (5). To determine the total amount that may be spent by an electr ic utility in any single year, the applicable percentage of the average amount paid per kilowatthour shall be multiplied by the total amount of energy delivered by such electric uti lity in the calendar year 2015, adjusted to reflect the propor tion of the utility's load attributable to customers that have opted out of subsections (a) through (j) of this Section under subsection (l) of this Section. For purposes of this subs ection (m), the amount paid per kilowatthour includes , without limitation, estimated amounts paid for supply, tr ansmission, distribution, surcharges, and add-on taxes. For purposes of this Section, "eligible retail customers" sha ll have the meaning set forth in Section 16-111.5 of t his Act. Once the Commission has approved a plan under subsections (f) and (g) of this Section, no subsequent rate impact determ inations shall be made. (n) A utility shall take advantage of the efficiencies av ailable through existing Illinois Home Weatherization A ssistance Program infrastructure and services, such as e nrollment, marketing, quality assurance and implementati on, which can reduce the need for similar services at a lower cost than utility-only programs, subject to capacity con straints at community action agencies, for both single-family a nd multifamily weatherization services, to the extent Illino is Home Weatherization Assistance Program community action a gencies provide multifamily services. A utility's plan s hall demonstrate that in formulating annual weatherization bud gets, it has sought input and coordination with community actio n agencies regarding agencies' capacity to expand and maxim ize Illinois Home Weatherization Assistance Program delivery using the ratepayer dollars collected under this Section. (Source: P.A. 102-662, eff. 9-15-21; 10 3-154, eff. 6-30-23; 103-613, eff. 7-1-24.) (Text of Section after amendment by P.A. 104-458) Sec. 8-103B. Energy ef ficiency and demand-response measures. (a) It is th e policy of the State that electric utilities are required to use cost-effective energy efficienc y and demand-response measures to reduce delivery load. R equiring investment in cost-effective energy efficiency and demand-response measures will reduce direct and ind irect costs to consumers by decreasing environmental impacts and by a voiding or delaying the need for new generation, transmi ssion, and distribution infrastructure. It serves the public interest to allow electric utilities to recover co sts for reasonably and prudently incurred expenditures for en ergy efficiency and demand-response measures. As used in this Section, "cost-effective" means that the measures s atisfy the total resource cost test. The low-income measures d escribed in subsection (c) of this Section shall not be required to m eet the total resource cost test. For purposes of this Sectio n, the terms "energy-efficiency", "demand-respon se", "electric utility", and "total resource cost test" have the meaning s set forth in the Illinois Power Agency Act. "Black, indigenou s, and people of color" and "BIPOC" means people who are mem bers of the groups described in subparagraphs (a) through (e) of paragraph (A) of subsection (1) of Section 2 of the Busin ess Enterprise for Minorities, Women, and Persons with Disabi lities Act. (a-5) This Sec tion applies to electric utilities se rving more than 500,000 retail customers in the State for those multi-year plans commencing after December 31, 2017 . (b) For purposes of this Section, through calendar year 2 026, electric utilities subject to this Section that ser ve more than 3,000,000 retail customers in the State shall b e deemed to have achieved a cumulative persisting annual sa vings of 6.6% from energy efficiency measures and programs impl emented during the period beginning January 1, 2012 a nd ending December 31, 2017, which percent is based on the d eemed average weather normalized sales of electric power and en ergy during calendar years 2014, 2015, and 2016 of 88,000,000 MWhs. For the purposes of this subsection (b) and subsection (b -5), the 88,000,000 MWhs of deemed electric power and energy s ales shall be reduced by the number of MWhs equal to the sum o f the annual consumption of customers that have opted out of su bsections (a) through (j) of this Section under paragra ph (1) of subsection (l) of this Section, as averaged across the calendar years 2014, 2015, and 2016. After 2017, the deem ed value of cumulative persisting annual savings from energy efficiency measures and programs implemented during the p eriod beginning January 1, 2012 and ending December 31, 2017, s hall be reduced each year, as follows, and the applicable valu e shall be applied to and count toward the utility's achiev ement of the cumulative persisting annual savings goals set for th in subsection (b-5): (1) 5.8% deemed cumulative persisting annual saving s for the year ending December 31, 2018; (2) 5.2% deemed cumulative persisting annual saving s for the year ending December 31, 2019; (3) 4.5% deemed cumulative persisting annual saving s for the year ending December 31, 2020; (4) 4.0% deemed cumulative persisting annual saving s for the year ending December 31, 2021; (5) 3.5% deemed cumulative persisting annual saving s for the year ending December 31, 2022; (6) 3.1% deemed cumulative persisting annual saving s for the year ending December 31, 2023; (7) 2.8% deemed cumulative persisting annual saving s for the year ending December 31, 2024; (8) 2.5% deemed cumulative persisting annual saving s for the year ending December 31, 2025; and (9) 2.3% deemed cumulative persisting annual saving s for the year ending December 31, 2026. For purposes of this Section, "cumulative persisting annu al savings" means the total electric energy savings i n a given year from measures installed in that year or in pre vious years, but no earlier than January 1, 2012, that are stil l operational and providing savings in that year because th e measures have not yet reached the end of their useful liv es. (b-5) Beginning in 2018 and through calendar year 2 026, electric utilities subject to this Section that serve mor e than 3,000,000 retail customers in the State shall achiev e the following cumulative persisting annual savings goals, as modified by subsection (f) of this Section and as compare d to the deemed baseline of 88,000,000 MWhs of electric power and energy sales set forth in subsection (b), as reduced by t he number of MWhs equal to the sum of the annual consumption of customers that have opted out of subsections (a) through (j) of this Section under paragraph (1) of subsection (l) of this Section as averaged across the calendar years 2014, 2015, and 2016, through the implementation of energy efficiency mea sures during the applicable year and in prior years, but no ear lier than January 1, 2012:

(1) 7.8% cumulative persisting annual savings for t he year ending December 31, 2018; (2) 9.1% cumulative persisting annual savings for t he year ending December 31, 2019; (3) 10.4% cumulative persisting annual savings for the year ending December 31, 2020; (4) 11.8% cumulative persisting annual savings for the year ending December 31, 2021; (5) 13.1% cumulative persisting annual savings for the year ending December 31, 2022; (6) 14.4% cumulative persisting annual savings for the year ending December 31, 2023; (7) 15.7% cumulative persisting annual savings for the year ending December 31, 2024; (8) 17% cumulative persisting annual savings for th e year ending December 31, 2025; and (9) 17.9% cumulative persisting annual savings for the year ending December 31, 2026. (b-10) For purposes of this Section, through calend ar year 2026, electric utilities subject to this Section that ser ve less than 3,000,000 retail customers but more than 500,00 0 retail customers in the State shall be deemed to have ach ieved a cumulative persisting annual savings of 6.6% from energ y efficiency measures and programs implemented during the p eriod beginning January 1, 2012 and ending December 31, 2017, w hich is based on the deemed average weather normalized sales o f electric power and energy during calendar years 2014, 201 5, and 2016 of 36,900,000 MWhs. For the purposes of this sub section (b-10) and subsection (b-15), the 36,900,000 MWhs of deemed electric power and energy sales shall be reduce d by the number of MWhs equal to the sum of the annual consump tion of customers that have opted out of subsections (a) throu gh (j) of this Section under paragraph (1) of subsection (l) of this Section, as averaged across the calendar years 2014, 2015, and 2016. After 2017, the deemed value of cumulativ e persisting annual savings from energy efficiency measures and programs implemented during the period beginning January 1, 2012 and ending December 31, 2017, shall be reduced each year, as follows, and the applicable value shall be applied to and count toward the utility's achievement of the cumulative persisting annual savings goals set forth in subsection ( b-15): (1) 5.8% deemed cumulative persisting annual saving s for the year ending December 31, 2018; (2) 5.2% deemed cumulative persisting annual saving s for the year ending December 31, 2019; (3) 4.5% deemed cumulative persisting annual saving s for the year ending December 31, 2020; (4) 4.0% deemed cumulative persisting annual saving s for the year ending December 31, 2021; (5) 3.5% deemed cumulative persisting annual saving s for the year ending December 31, 2022; (6) 3.1% deemed cumulative persisting annual saving s for the year ending December 31, 2023; (7) 2.8% deemed cumulative persisting annual saving s for the year ending December 31, 2024; (8) 2.5% deemed cumulative persisting annual saving s for the year ending December 31, 2025; and (9) 2.3% deemed cumulative persisting annual saving s for the year ending December 31, 2026. (b-15) Beginning in 2018 and through calendar year 2026, electric utilities subject to this Section that serve les s than 3,000,000 retail customers but more than 500,000 ret ail customers in the State shall achieve the following cumula tive persisting annual savings goals, as modified by subsectio n (b-20) and subsection (f) of this Section and as co mpared to the deemed baseline as reduced by the number of MWhs equa l to the sum of the annual consumption of customers that have opted out of subsections (a) through (j) of this Section under paragraph (1) of subsection (l) of this Section as averag ed across the calendar years 2014, 2015, and 2016, through t he implementation of energy efficiency measures during the a pplicable year and in prior years, but no earlier than J anuary 1, 2012: (1) 7 .4% cumulative persisting annual savings for t he year ending December 31, 2018; (2) 8.2% cumulative persisting annual savings for t he year ending December 31, 2019; (3) 9.0% cumulative persisting annual savings for t he year ending December 31, 2020; (4) 9.8% cumulative persisting annual savings for t he year ending December 31, 2021; (5) 10.6% cumulative persisting annual savings for the year ending December 31, 2022; (6) 11.4% cumulative persisting annual savings for the year ending December 31, 2023; (7) 12.2% cumulative persisting annual savings for the year ending December 31, 2024; (8) 13% cumulative persisting annual savings for th e year ending December 31, 2025; and (9) 13.6% cumulative persisting annual savings for the year ending December 31, 2026. (b-16) In 2027 and each year thereafter, each elect ric utility subject to this Section shall achieve the followi ng savings goals: (1) A u tility that serves more than 3,000,000 retai l customers in the State must achieve incremental annual en ergy savings for customers in an amount that is equal t o 2% of the utility's average annual electricity sales from 2021 through 2023 to customers. A utility that serves les s than 3,000,000 retail customers but more than 500,000 ret ail customers in the State must achieve incremental an nual energy savings for customers in an amount that is equal to 1.4% in 2027, 1.7% in 2028, and 2% in 2029 and e very year thereafter of the utility's average annual ele ctricity sales from 2021 through 2023 to customers. Th e incremental annual energy savings requirements set forth in this paragraph (1) may be reduced by 0.025 percentage points for every percentage point increase, above the 25% minimum to be targeted at low-income households as specified in paragraph (c) of this Section, in the portio n of total efficiency program spending that is on low-income or moderate-income efficiency programs. The increme ntal annual savings requirement shall not be reduced to a leve l less than 0.25 percentage points less than the energy sav ings requirement applicable to the calendar year, even if the sum of low-income spending and moderate-income spending is greater than 35% of total spending. (2) A utility that serves less than 3,000,000 retai l customers but more than 500,000 retail customers in the S tate must achieve an incremental annual coincident peak demand savings goal from energy efficiency measures insta lled as a result of the utility's programs by custom ers in an amount that is equal to the energy saving s goal from paragraph (1) of this Section divided by the ac tual average ratio of kilowatt-hour savings to co incident peak demand reduction achieved by the utility through its energy efficiency programs in 2023. If the se ason in which coincident peak demands are experienced, the hours of the day that peak demands are experienced, a nd the methods by which peak demand impacts from efficie ncy measures are estimated are different in the fu ture than when 2023 peak demand impacts were originally estimated, the 2023 peak demand impacts shall be recomput ed using such updated peak definitions and estima tion methods for the purpose of establishing future coincident peak demand savings goals. To the extent that a utility counts either improvements to the efficiency of t he use of gas and other fuels or the electrification of gas and other fuels toward its energy savings goal, as pe rmitted under paragraphs (b-25) and (b-27) of this Section, it must estimate the actual impacts on coinciden t peak demand from such measures and count them, whether po sitive or negative, toward its coincident peak demand s avings goal. Only coincident peak demand savings from ef ficiency measures shall count toward this goal. To the extent that some efficiency measures enable demand respon se, only the peak demand savings from the energy ef ficiency upgrade shall count toward the goal. Nothing i n this Section shall limit the ability of peak demand savin gs from such enabled demand-response initiativ es to count for other, non-energy efficiency performance standard performance metrics established for the utility.

(3) Each utility's incremental annual energy saving s, and coincident peak demand savings if a utility serves le ss than 3,000,000 retail customers but more than 500,00 0 retail customers in the State, must be achieved with an a verage savings life of at least 12 years. In no event ca n more than one-fifth of the incremental annual savin gs or the coincident peak demand savings counted toward a utili ty's annual savings goal in any given year be derive d from efficiency measures with average savings lives of le ss than 5 years. Average savings lives may be shorter t han the average operational lives of measures installed if the measures do not produce savings in every year in w hich the measures operate or if the savings that measure s produce decline during the measures' operational lives. For the purposes of this Section, "incremental ann ual energy savings" means the total electric energy savings f rom all measures installed in a calendar year that will be realized within 12 months of each measure's installati on; "moderate-income" means income betwee n 80% of area median income and 300% of the federal poverty lim it; "incremental annual coincident peak demand savings " means the total coincident peak reduction from all energy efficiency measures installed in a calendar year that wil l be realized within 12 months of each measure's installati on; "average savings life" means the lifetime s avings that would be realized as a result of a utility's efficiency programs divided by the incremental annual sav ings such programs produce. (b-20) Each electric utility subject to this Sectio n may include cost-effective voltage optimization measure s in its plans submitted under subsections (f) and (g) of this Sec tion, and the costs incurred by a utility to implement the meas ures under a Commission-approved plan shall be recovered under the provisions of Article IX or Section 16-108.5 of thi s Act. For purposes of this Section, the measure life of voltage opt imization measures shall be 15 years. The measure life period is independent of the depreciation rate of the vol tage optimization assets deployed. Utilities may claim savings from voltage optimization on circuits for more than 15 years i f they can demonstrate that they have made additional inves tments necessary to enable voltage optimization savi ngs to continue beyond 15 years. Such demonstrations must be subject to the review of independent evaluation. Within 270 days after June 1, 2017 (the effective date of Public Act 99-906), an electric utility that serves less than 3,000,000 retail customers but more than 500,000 retail c ustomers in the State shall file a plan with the Commiss ion that identifies the cost-effective voltage optimiza tion investment the electric utility plans to undertake throug h December 31, 2024. The Commission, after notice and heari ng, shall approve or approve with modification the plan withi n 120 days after the plan's filing and, in the order approving or approving with modification the plan, the Commission shal l adjust the applicable cumulative persisting annual saving s goals set forth in subsection (b-15) to reflect any amount of cost-effective energy savings approved by the Commi ssion that is greater than or less than the following cumulative per sisting annual savings values attributable to voltage optimization for the applicable year: (1) 0.0% of cumulative persisting annual savings fo r the year ending December 31, 2018; (2) 0.17% of cumulative persisting annual savings f or the year ending December 31, 2019; (3) 0.17% of cumulative persisting annual savings f or the year ending December 31, 2020; (4) 0.33% of cumulative persisting annual savings f or the year ending December 31, 2021; (5) 0.5% of cumulative persisting annual savings fo r the year ending December 31, 2022; (6) 0.67% of cumulative persisting annual savings f or the year ending December 31, 2023; (7) 0.83% of cumulative persisting annual savings f or the year ending December 31, 2024; and (8) 1.0% of cumulative persisting annual savings fo r the year ending December 31, 2025 and all subsequent year s. (b-25) In the event an electric utility jointly off ers an energy efficiency measure or program with a gas utility u nder plans approved under this Section and Section 8-104 of this Act, the electric utility may continue offering the progr am, including the gas energy efficiency measures, in the even t the gas utility discontinues funding the program. In that eve nt, the energy savings value associated with such other fuels shall be converted to electric energy savings on an equiv alent Btu basis for the premises. However, the electric utility shall prioritize programs for low-income residentia l customers to the extent practicable. An electric utility may recove r the costs of offering the gas energy efficiency measures unde r this subsection (b-25). For those energy efficiency measures or programs that sav e both electricity and other fuels but are not jointly offe red with a gas utility under plans approved under this Sectio n and Section 8-104 or not offered with an affiliated gas utility under paragraph (6) of subsection (f) of Section 8- 104 of this Act, the electric utility may count savings of fuels othe r than electricity toward the achievement of its annual sav ings goal, and the energy savings value associated with such o ther fuels shall be converted to electric energy savings on an equivalent Btu basis at the premises. For an electric utility that serves more than 3,000,000 r etail customers in the State, on and after January 1, 20 27, the electric utility may only count savings of other fuel s under this subsection (b-25) toward the achievement of its annual electric energy savings goal when such other fuel savings are from weatherization measures that reduce heat loss through the building envelope, insulating mechanical syst ems, or the heating distribution system, including, but not li mited to, air sealing and building shell measures. This limitat ion on counting other fuel savings from efficiency measures t oward a utility's energy savings goal shall not affect the util ity's ability to claim savings from electrification measures in stalled pursuant to the requirements in subsection (b-27). In no event shall more than 10% of each year's applicable annual total savings requirement, as defined in paragraph (7.5) of subsection (g) of this Section be met through sa vings of fuels other than electricity. For an electric utility that serves more than 3,000,000 retail customers in the State, in no event shall more than 30% of each year's incremental a nnual energy savings requirement, as defined in subsection (b-16) of this Section, be met through savings of fuels other than electricity. For an electric utility that serves less tha n 3,000,000 retail customers but more than 500,000 retail c ustomers in the State, in no event shall more than 20% o f each year's incremental annual energy savings requirement, as defined in subsection (b-16) of this Section, be me t through savings of fuels other than electricity. (b-27) Beginning in 2022, an electric utility may o ffer and promote measures that electrify space heating, water heating, cooling, drying, cooking, industrial processes, and other building and industrial end uses that would otherwi se be served by combustion of fossil fuel at the premises, prov ided that the electrification measures reduce total energy con sumption at the premises. The electric utility may cou nt the reduction in energy consumption at the premises towar d achievement of its annual savings goals. The reduction in energy consumption at the premises shall be calculated as the difference between: (A) the reduction in Btu consumption of fossil fuels as a result of electrification, converted to kilowatt-hour equivalents by dividing by 3,412 Btus per kilowatt hour; and (B) the increase in kilowatt hours of electricity consumption resulting from the displacement o f fossil fuel consumption as a result of electrification. A n electric utility may recover the costs of offering and pr omoting electrification measures under this subsection (b-27). At least 33% of all costs of offering and promoting elect rification measures under this subsection (b-2 7) must be for supporting installation of electrification measures t hrough programs exclusively targeted to low-income households. The percentage requirement may be reduced if the utility can demonstrate that it is not possible to achiev e the level of low-income electrification spending, while supporting programs for non-low-income residential and b usiness electrification, because of limitations regarding the num ber of low-income households in its service territory t hat would be able to meet program eligibility requirements set fort h in the multi-year energy efficiency plan. If the 33% l ow-income electrification spending requirement is reduced, the util ity must prioritize support of low-income electrificati on in housing that meets program eligibility requirements over electrification spending on non-low-income re sidential or business customers. The ratio of spendi ng on electrification measures targete d to low-income, multifamily buildings to spending on electrification measures targeted to low-income, si ngle-family buildings shall be designed to achieve levels of electrif ication savings from each building type that are approximately proportional to the magnitude of cost-effective electrification savings potential in each building type.

In no event shall electrification savings counted toward each year's applicable annual total savings requirement, as defined in paragraph (7.5) of subsection (g) of this Sect ion, or counted toward each year's incremental annual savings, as defined in paragraph (b-16) of this Section, be gre ater than: (1) 5% per year for each year from 2022 through 202 5; (2) 20% per year for 2026 and all subsequent years; and (3) (blank).The limitations on electri fication savings that may be co unted toward a utility's annual savings goals are separate from and in addition to the subsection (b-25) limitations go verning the counting of the other fuel savings resulting from efficie ncy measures and programs. As part of the a nnual informational filing to the Commiss ion that is required under paragraph (9) of subsec tion (g) of this Section, each utility shall identify the spec ific electrification measures offered under this subsection (b -27); the quantity of each electrification measure that was ins talled by its customers; the average total cost, avera ge utility cost, average reduction in fossil fuel consumptio n, and average increase in electricity consumption associate d with each electrification measure; the portion of install ations of each electrification measure that were i n low-income single-family housing, low-i ncome multifamily housing, non-low-income single-family h ousing, non-low-income multifamily housing, commercial buildings, and industrial facilities; and the quantity of savings associated with e ach measure category in each customer category that are being counted toward the utility's applicable annual total savi ngs requirement or counted toward each year's incremental ann ual savings, as defined in paragraph (b-16) of this Sec tion. Prior to installing or promoting electrification measures, the utility shall provide customers with estimates of the imp act of the new measures on the customer's average monthly ele ctric bill and total annual energy expenses. (c) Electric utilities shall be responsible for overseein g the design, development, and filing of energy efficiency plans with the Commission and may, as part of that implementati on, outsource various aspects of program development and impl ementation. A minimum of 10%, for electric utilities that serve more than 3,000,000 retail customers in the State, and a minimum of 7%, for electric utilities that serve less tha n 3,000,000 retail customers but more than 500,000 retail c ustomers in the State, of the utility's entire portfolio funding level for a given year shall be used to procure c ost-effective energy efficiency measures from unit s of local government, municipal corporations, school districts, pub lic housing, public institutions of higher education, and com munity college districts, provided that a minimum perc entage of available funds shall be used to procure en ergy efficiency from public housing, which percentage shall be equal to public housing's share of public building energy consumption. The utilities s hall also implement energy efficiency meas ures targeted at low-income households, which, for purposes of this Section, shall be defined as households at or below 80% of area median income, and expenditures to impl ement the measures shall be no less than 25% of total energy ef ficiency program spending approved by the Commission pu rsuant to review of plans filed under subsection (f) of this Section The ratio of spending on efficiency programs targ eted at low-income multifamily buildings to spending on efficiency programs targeted at low-income single-family buildings shall be designed to achieve levels of savings from each buildi ng type that are approximately proportional to the magnitude of cost-effective lifetime savings potential in each b uilding type. Investment in low-income whole-building weatherization programs shall constitute a minimum of 80% of a utility's total budget specifically dedicated to serving low- income customers. The utilities shall work to bundle low-income energ y efficiency offerings with other programs that serve low-income households to maximize the benefits going to these househ olds. The utilities shall market and implement low-income energy efficiency programs in coordination with low-income assistance programs, the Illinois Solar for All Program, and weather ization whenever practicable. The program implemen ter shall walk the customer through the enrollment process fo r any programs for which the customer is eligible. The utilitie s shall also pilot targeting customers with high arrearages , high energy intensity (ratio of energy usage divided by h ome or unit square footage), or energy assistance programs wi th energy efficiency offerings, and then track reduction in arrearages as a result of the targeting. This targeting a nd bundling of low-income energy programs shall be off ered to both low-income single-family and multifamily customers (owners and residents). The utilities shall invest in health and safety measures appropriate and necessary for comprehensively weatherizin g a home or multifamily building, and shall implement a healt h and safety fund of at least 15% of the total income-qua lified weatherization budget that shall be used for the purpose of making grants for technical assistance, construction, rec onstruction, improvement, or repair of buildings to fa cilitate their participation in the energy efficiency p rograms targeted at low-income single-family and multifamily households. These funds may also be used for the purpose of making grants for technical assistance, construction, rec onstruction, improvement, or repair of the following b uildings to facilitate their participation in the energy efficiency programs created by this Section: (1) building s that are owned or operated by registered 501(c)(3) public charities; and (2) child d ay care centers, child day care homes, or group child day care homes, as defined under 89 Ill. Adm. Code Part 406, 407, or 408, respectively. Each electric utility shall assess opportunities to imple ment cost-effective energy efficiency measures and programs through a public housing authority or authoritie s located in its service territory. If such opportunities a re identified, the utility shall propose such measures and p rograms to address the opportunities. Expenditures to ad dress such opportunities shall be credited toward the minimum p rocurement and expenditure requirements set forth in thi s subsection (c). Implementati on of energy efficiency measures and programs targeted at low-income households should be contrac ted, when it is practicable, to independent third parties that have demonstrated capabilities to serve such households, with a preference for not-for-profit entities and go vernment agencies that have existing relationships with or experience servi ng low-income communities in the State. Each electric utility shall develop and implement reporti ng procedures that address and assist in determini ng the amount of energy savings that can be applied to the l ow-income procurement and expenditure requirements set forth in this subsection (c). Each electric utility shall also track the types and quantities or volumes of insulation and air sealing materials, and their associated energy saving ben efits, installed in energy efficiency programs targete d at low-income single-family and multifamily hous eholds. The electric utilities shall participate in a low-i ncome energy efficiency accountability committee ("the committe e"), which will directly inform the design, implementation, an d evaluation of the low-income and public-housi ng energy efficiency programs. The committee shall be comprised of the electric utilities subject to the requirements of this Se ction, the gas utilities subject to the requirements of Section 8-104 of this Act, the utilities' low-income energy efficiency implementation contractors, nonprofit organiza tions, community action agencies, advocacy groups , State and local governmental agencies, public-housi ng organizations, and representatives of community-bas ed organizations, especially those living in or working with environmental justice communities and BIPOC communities. The committee shall be composed of 2 geographically different iated subcommittees: one for stakeholders in northern Illinois and one for stakeholders in central and southern Illinois. Th e subcommittees shall meet together at least twice per year . There shall be one statewide leadership committee led by and composed of community-based organizations that are representative of BIPOC and environmental justice communi ties and that includes equitable representation from BIPOC com munities. The leadership committee shall be composed o f an equal number of representatives from the 2 subcommittees. The subcommittees shall address specific programs and issues, with the leadership committee convening targeted workgroups as needed. The leadership committee may elect to work with a n independent facilitator to solicit and organize feedback, recommendations and meeting participation from a wide var iety of community-based stakeholders. If a facilitator i s used, they shall be fair and responsive to the needs of all sta keholders involved in the committee. For a utility tha t serves more than 3,000,000 retail customers in the State, if a facilitator is used, they shall be retained by Commission staff. All committee meeti ngs must be accessible, with rotating locations if meetings are held in-person, virtual p articipation options, and materials and agendas circulat ed in advance. There shall also be opportunit ies for direct input by com mittee members outside of committee meetings, such as via individual meetings, surveys, emails and calls, to ensure robust participation by stakeholders with limited capacit y and ability to attend committee meetings. Committee meetings shall emphasize opportunities to bundle and coordinate delivery of low-income energy efficiency with other programs th at serve low-income communities, such as the Illinois Solar for All Program and bill payment assistance programs. Meetings sh all include educational opportunities for stakeholders to lea rn more about these additional offerings, and the committee shall assist in figuring out the best methods for coordinated d elivery and implementation of offerings when serving low -income communities. The committee shall directl y and equitably influence and inform utility low-income a nd public-housing energy efficiency programs and prior ities. Participating utilities shall implement recommendations f rom the committee whenever possible. Partic ipating utilities shall track and report how input from the committee has led to new approaches and changes in their energy efficiency portfolios. This reporting shall occur at committee meetings and in quarterly energy efficiency reports to the Stakeholder Advisory Group and Illinois Co mmerce Commission, and other relevant reporting mechani sms. Participating utilities shall also report on relevant equ ity data and metrics requested by the committee, such as ener gy burden data, geographic, racial, and other relevant demog raphic data on where programs are being delivered an d what populations programs are serving.

The Illinois Commerce Commission shall oversee and have r elevant staff participate in the committee. The committe e shall have a budget of 0.25% of each utility's entire eff iciency portfolio funding for a given year. The budget shall be overseen by the Commission. The budget shall be used to provide grants for community-based organizations serving on the leadership committee, stipends for community-ba sed organizations participating in the committee, grants for community-based organizations to do energy efficien cy outreach and education, and relevant meeting needs as determined b y the leadership committee. The education and outreach shall in clude, but is not limited to, basic energy efficiency e ducation, information about low-income energy effi ciency programs, and information on the committee's purpose, str ucture, and activities. (d) Notwiths tanding any other provision of law to the con trary, a utility providing approved energy efficiency measures and, if applicable, demand-response measur es in the State shall be permitted to recover all reasonable and pr udently incurred costs of those measures from all retai l customers, except as provided in subsection (l) of this S ection, as follows, provided that nothing in this subsec tion (d) permits the double recovery of such costs from custom ers: (1) The utility may recover its costs through an au tomatic adjustment clause tariff filed with and approve d by the Commission. The tariff shall be established outsid e the context of a general rate case. Each year the Commiss ion shall initiate a review to reconcile any amoun ts collected with the actual costs and to determine the required adjustment to the annual tariff factor to ma tch annual expenditures. To enable the financing of the incremental capital expenditures, including regulatory as sets, for electric utilities that serve less than 3,000 ,000 retail customers but more than 500,000 retail c ustomers in the State, the utility's actual year-e nd capital structure that includes a common equity ratio, ex cluding goodwill, of up to and including 50% of the tot al capital structure shall be deemed reasonable and us ed to set rates. (2) A utility may recover its costs through an ener gy efficiency formula rate approved by the Commission under a filing under subsections (f) and (g) of this Section, whi ch shall specify the cost components that form the bas is of the rate charged to customers with sufficient sp ecificity to operate in a standardized manner and be up dated annually with transparent information that reflec ts the utility's actual costs to be recovered durin g the applicable rate year, which is the period beginning w ith the first billing day of January and extending throu gh the last billing day of the following December. T he energy efficiency formula rate shall be implemented t hrough a tariff filed with the Commission under subsecti ons (f) and (g) of this Section that is consisten t with the provisions of this paragraph (2) and that shall be applicable to all delivery services customers. The Com mission shall conduct an investigation of the tariff i n a manner consistent with the provisions of this paragraph (2), subsections (f) and (g) of this Section, and the pro visions of Article IX of this Act to the extent they d o not conflict with this paragraph (2). The energy efficien cy formula rate approved by the Commission shall remain in effect at the discretion of the utility and sha ll do the following: (A) Provide for the recovery of the utility's actual costs incurred under this Section that are prudent ly incurred and reasonable in amount consistent wi th Commission practice and law. The sole fact that a co st differs from that incurred in a prior calendar year or that an investment is different from that made in a prior calendar year shall not imply the imprudence o r unreasonableness of that cost or investment . (B) Reflect the utility's actual year-e nd capital structure for the applicable calendar year, excluding goo dwill, subject to a determination of prudence and reas onableness consistent with Commission practice and la w. To enable the financing of the incremental capital e xpenditures, including regulatory assets, for el ectric utilities that serve less than 3,000,000 retail customers but more than 500,000 retail customers i n the State, a participating electric utility' s actual year-end capital structure that in cludes a common equity ratio, excluding goodwill, of up to and including 50% of the total capital structure sh all be deemed reasonable and used to set rates. (C) Include a cost of equity that shall be eq ual to the baseline cost of equity approved by the Commission fo r the utility's electric distribution rates effective d uring the applicable year, whether those rates are set pursuant to Section 9-201, subparagra ph (B) of paragraph (3) of subsection (d) of Section 16-108.18, or any successor electric distribution r atemaking paradigm. (D) Permit and set forth protocols, subject t o a determination of prudence and reasonableness consistent w ith Commission practice and law, for the foll owing: (i) recovery of incentive compensation expense that is based on the achievement of operational metrics, including metrics related to budget controls, ou tage duration and frequency, safety, customer service, efficiency and productivity, and enviro nmental compliance; however, this protocol shall no t apply if such expense related to costs incurred under this Section is recovered under Article IX or Section 16-108.5 of this Act; incenti ve compensation expense that is based on net incom e or an affiliate's earnings per share shall not be recoverable under the energy efficiency form ula rate; (ii) recovery of pension and other post -employment benefits expense, provided that suc h costs are supported by an actuarial study; however, this protocol shall not apply if such expense re lated to costs incurred under this Section is r ecovered under Article IX or Section 16-108.5 of this Act;

(iii) recovery of existing regulatory a ssets over the periods previously authorized by the Commission;

(iv) as described in subsection (e), am ortization of costs incurred under this Section; and (v) pr ojected, weather normalized billi ng determinants for the applicable rate year. (E) Provide for an annual reconciliation, as described in paragraph (3) of this subsection (d), less a ny deferred taxes related to the reconciliation, wi th interest at an annual rate of return equal to the ut ility's weighted average cost of capital, including a r evenue conversion factor calculated to recover or refu nd all additional income taxes that may be payable or receivable as a result of that return, of the energy e fficiency revenue requirement reflected in rates for eac h calendar year, beginning with the calendar year in w hich the utility files its energy efficiency formula rate tariff under this paragraph (2), with what t he revenue requirement would have been had the actu al cost information for the applicable calendar year been available at the filing date. The utility shall file, together with its tariff, t he projected costs to be incurred by the utility during the rate year under the utility's multi-year plan appro ved under subsections (f) and (g) of this Section, including, but not limited to, the projected capital investment cost s and projected regulatory asset balances with correspondin gly updated depreciation and amortization res erves and expense, that shall populate the energy effi ciency formula rate and set the initial rates under t he formula. The Commi ssion shall review the proposed tariff in conjunction with its review of a proposed multi-yea r plan, as specified in paragraph (5) of subsection (g) of this S ection. The review shall be based on the same evidentiar y standards, including, but not limited to, those concernin g the prudence and reasonableness of the costs incurred by the utility, the Commission applies in a hearing to revie w a filing for a general increase in rates under Article IX of this Act. The initial rates shall take effect beginnin g with the January monthly billing period following the Com mission's approval. The tariff's rate design and cost allocation across customer classes shall be consistent with the utility's a utomatic adjustment clause tariff in effect on June 1, 2 017 (the effective date of Public Act 99-906); how ever, the Commission may revise the tariff's rate design and co st allocation in subsequent proceedings under paragraph (3) of this subsection (d).

If the energy efficiency formula rate is terminated , the then current rates shall remain in effect until such time as the energy efficiency costs are incorporated into new rates that are set under this subsection (d) or Artic le IX of this Act, subject to retroactive rate adjus tment, with interest, to reconcile rates charged wit h actual costs. (3) The provisions of this paragraph (3) shall only apply to an electric utility that has elected to file an energy efficiency formula rate under paragraph (2) of thi s subsection (d). Subsequent to the Commission's issuance o f an order approving the utility's energy efficiency formul a rate structure and protocols, and initial rates under par agraph (2) of this subsection (d), the utility shall f ile, on or before June 1 of each year, with the Chief Cl erk of the Commission its updated cost inputs to the en ergy efficiency formula rate for the applicable rate ye ar and the corresponding new charges, as well as the in formation described in paragraph (9) of subsection (g) of this Section. Each such filing shall conform to the fo llowing requirements and include the following informat ion: (A) The inputs to the energy efficiency formu la rate for the applicable rate year shall be based on the p rojected costs to be incurred by the utility during the rate year under the utility's multi-year plan a pproved under subsections (f) and (g) of this Section, i ncluding, but not limited to, projected capital investment costs and projected regulatory asset b alances with correspondingly updated depreciation and amortization reserves and expense. The f iling shall also include a reconciliation of the ene rgy efficiency revenue requirement that was in effect for the prior rate year (as set by the cost inputs for the prior rate year) with the actual revenue r equirement for the prior rate year (determined u sing a year-end rate base) that uses a mounts reflected in the applicable FERC Form 1 that repo rts the actual costs for the prior rate year. Any ove r-collection or under-collection indicated by such reconciliation shall be reflected as a credit against, or recovered as an additional charge to, respectively, wi th interest calculated at a rate equal to the utility's weighted average cost of capital approved by th e Commission for the prior rate year, the charges for t he applicable rate year. Such over-collection or under-collection shall be adjusted to remove any de ferred taxes related to the reconciliation, for purpose s of calculating interest at an annual rate of ret urn equal to the utility's weighted average cost of ca pital approved by the Commission for the prior rate yea r, including a revenue conversion factor calculated to recover or refund all additional income taxes that may be payable or receivable as a result of that return. Each reconciliation shall be certified by the par ticipating utility in the same manner that FERC Form 1 is certified. The filing shall also include the ch arge or credit, if any, resulting from the calculation required by subparagraph (E) of paragraph (2) of this subsection (d).

Notwithstanding any other provision of law to the contrary, the intent of the reconciliation is to ultimate ly reconcile both the revenue requirement reflect ed in rates for each calendar year, beginning with the calendar year in which the utility files its ene rgy efficiency formula rate tariff under paragraph (2) of this subsection (d), with what the revenue require ment determined using a year-end rate base f or the applicable calendar year would have been had the actu al cost information for the applicable calendar year been available at the filing date. For purposes of this Section, "FERC Form 1" m eans the Annual Report of Major Electric Utilities, Licensees and Others that electric utilities are required to file with the Federal Energy Regulatory Commi ssion under the Federal Power Act, Sections 3, 4(a), 304 and 209, modified as necessary to be consistent with 83 Ill. Adm. Code Part 415 as of May 1, 2 011. Nothing in this Section is intended to allow costs that are not otherwise recoverable to be recoverabl e by virtue of inclusion in FERC Form 1.

(B) The new charges shall take effect beginni ng on the first billing day of the following January billing pe riod and remain in effect through the last billing day of the next December billing period regardless of whe ther the Commission enters upon a hearing under this p aragraph (3). (C) The filing shall include relevant and nec essary data and documentation for the applicable rate year. Normalization adjustments shall not be require d. Within 45 da ys after the utility files its annual u pdate of cost inputs to the energy efficiency formula ra te, the Commission shall with reasonable notice, initia te a proceeding concerning whether the projected co sts to be incurred by the utility and recovered during the applicable rate year, and that are reflected in the i nputs to the energy efficiency formula rate, are consist ent with the utility's approved multi-year p lan under subsections (f) and (g) of this Section and whether the costs incurred by the utility during the prior rate y ear were prudent and reasonable. The Commission shall al so have the authority to investigate the information an d data described in paragraph (9) of subsection (g) of this Section, including the proposed adjustment to the utility 's return on equity component of its weighted aver age cost of capital. During the course of the proceed ing, each objection shall be stated with particula rity and evidence provided in support thereof, a fter which the utility shall have the opportunity to reb ut the evidence. Discovery shall be allowed consistent with the Commission's Rules of Practice, which Rules of P ractice shall be enforced by the Commission or the assig ned administrative law judge. The Commission shall a pply the same evidentiary standards, including, but not limited to, those concerning the prudence and reasonablen ess of the costs incurred by the utility, duri ng the proceeding as it would apply in a proceeding t o review a filing for a general increase in rates under Art icle IX of this Act. The Commission shall not, however , have the authority in a proceeding under this paragraph ( 3) to consider or order any changes to the structure or protocols of the energy efficiency formula rate approved under paragraph (2) of this subsection (d). In a proceedi ng under this paragraph (3), the Commission shall enter its order no later than the earlier of 195 days aft er the utility's filing of its annual update of cost inputs to the energy efficiency formula rate or December 15. The utility's proposed return on equity calculation, as descr ibed in paragraphs (7) through (9) of subsection (g) of this Section, shall be deemed the final, approved calc ulation on December 15 of the year in which it is fil ed unless the Commission enters an order on or before Decemb er 15, after notice and hearing, that modifies such calculation consistent with this Section. The Commission' s determinations of the prudence and reasonableness of the costs incurred, and determination of such return on equit y calculation, for the applicable calendar year shall be fi nal upon entry of the Commission's order and shall not be subject to reopening, reexamination, or collateral att ack in any other Commission proceeding, case, docket, order, rule, or regulation; however, nothing in this para graph (3) shall prohibit a party from petitioning the Commission to rehear or appeal to the courts the order un der the provisions of this Act. (e) B eginning on June 1, 2017 (the effective date of Publ ic Act 99-906), a utility subject to the requir ements of this Section may elect to defer, as a regulatory asset, u p to the full amount of its expenditures incurred under this S ection for each annual period, including, but not limite d to, any expenditures incurred above the funding level set by subsection (f) of this Section for a given year. The tota l expenditures deferred as a regulatory asset in a given ye ar shall be amortized and recovered over a period that is eq ual to the weighted average of the energy efficiency measure liv es implemented for that year that are reflected in the regul atory asset. The unamortized balance shall be recognized as of December 31 for a given year. The utility shall also earn a return on the total of the unamortized balances of all of the energy efficiency regulatory assets, less any deferred ta xes related to those unamortized balances, at an annual rate equal to the utility's weighted average cost of capital that in cludes, based on a year-end capital structure, th e utility's actual cost of debt for the applicable calendar year and a cost of equity, which shall be determined as set forth in subp aragraph (C) of paragraph (2) of subsection of this S ection, including a revenue conversion factor calculated to recover or refund all additional income taxes that may be payable or receivable as a result of that return. Capital investment costs shall be depreciated and recovered over their useful lives consistent with generally accepted accountin g principles. The weighted average cost of capital shall be applied to the capital investment cost balance, less any accumulated depreciation and accumulated deferred income taxes, as of December 31 for a given year. When an electric utility creates a regulatory asset under the provisions of this Section, the costs are recovered o ver a period during which customers also receive a benefit whic h is in the public interest. Accordingly, it is the intent of the General Assembly that an electric utility that elects to create a regulatory asset under the provisions of this Se ction shall recover all of the associated costs as set forth in this Section. After the Commission has approved the prudence a nd reasonableness of the costs that comprise the regulatory asset, the electric utility shall be permitted to recover all such costs, and the value and recoverability through rate s of the associated regulatory asset shall not be limited, alt ered, impaired, or reduced. (f) Be ginning in 2017, each electric utility shall file a n energy efficiency plan with the Commission to meet the en ergy efficiency standards for the next applicable multi- year period beginning January 1 of the year following the filing, acc ording to the schedule set forth in paragraphs (1) thr ough (3) of this subsection (f). If a utility does not file su ch a plan on or before the applicable filing deadline for the plan, it shall face a penalty of $100,000 per day until the pla n is filed. (1) No later th an 30 days after June 1, 2017 (the e ffective date of Public Act 99-906), each electric utility shall file a 4-year energy efficiency plan commencing on January 1, 2018 that is designed to achieve the cumulative persisting annual savings goals specified in paragraphs (1) through (4) of subsection (b-5) o f this Section or in paragraphs (1) through (4) of subsection (b -15) of this Section, as applicable, through impl ementation of energy efficiency measures; however, th e goals may be reduced if the utility's expenditures are li mited pursuant to subsection (m) of this Section or, fo r a utility that serves less than 3,000,000 retail customer s, if each of the following conditions are met: ( A) the plan's analysis and forecasts of the utility's ab ility to acquire energy savings demonstrate that achiev ement of such goals is not cost effective; and (B) the amount of energy savings achieved by the utility as d etermined by the independent evaluator for the most rece nt year for which savings have been evaluated precedi ng the plan filing was less than the average annua l amount of savings required to achieve the goals for the a pplicable 4-year plan period. Except as provided i n subsection (m) of this Section, annual increases in cumul ative persisting annual savings goals during the app licable 4-year plan period shall not be reduced to amounts that are less than the maximum amount of cumulati ve persisting annual savings that is forecast to be cost-effectively achievable during the 4-y ear plan period. The Commission shall review any proposed goal red uction as part of its review and approval of the utili ty's proposed plan. (2) No later than March 1, 2021, each electric util ity shall file a 4-year energy efficiency plan commenci ng on January 1, 2022 that is designed to achieve the cumulativ e persisting annual savings goals specified in paragraphs ( 5) through (8) of subsection (b-5) of this Section or in paragraphs (5) through (8) of subsection (b-15) of this Section, as applicable, through implementation of energy efficiency measures; however, the goals may be reduced if either (1) clear and convincing evidence demonstrates, th rough independent analysis, that the expenditure limits in subsection (m) of this Section preclude full achieveme nt of the goals or (2) each of the following con ditions are met: (A) the plan's analysis and forecasts of the utility's ability to acquire energy savings demons trate by clear and convincing evidence and through independent analysis that achievement of such goals is no t cost effective; and (B) the amount of energy savings achi eved by the utility as determined by the independent evaluator for the most recent year for which savings have been evaluated preceding the plan filing was less than th e average annual amount of savings required to achieve the goals for the applicable 4-year plan period. If the re is not clear and convincing evidence that achieving the savi ngs goals specified in paragraph (b-5) or (b-15) of this Section is possible both cost-effectively and within the expenditure limits in subsection (m), such savings go als shall not be reduced. Except as provided in subsect ion (m) of this Section, annual increases in cumul ative persisting annual savings goals during the app licable 4-year plan period shall not be reduced to amounts that are less than the maximum amount of cumulati ve persisting annual savings that is forecast to be cost-effectively achievable during the 4-y ear plan period. The Commission shall review any proposed goal red uction as part of its review and approval of the utili ty's proposed plan. (2.5) Provisions of the multi-year plans for calendar years 2026 through 2029 that relate to calendar year 2026 and that were filed by the electric utilities on February 28, 2025 shall remain in effect through calendar year 202 6. Provisions of the plans for calendar years 2027 thr ough 2029 shall be modified and resubmitted to the Com mission by the electric utilities pursuant to paragrap h (3) of this subsection (f). (3) No later than the effective date of this amenda tory Act of the 104th General Assembly, each electr ic utility shall file a 3-year energy efficie ncy plan commencing on January 1, 2027 that is designed to ac hieve, through implementation of energy efficiency meas ures, lifetime energy equal to the product of the inc remental annual savings goals defined by paragraph (1) of subsection (b-16) and the minimum average saving s life defined by paragraph (3) of subsection (b-16). The 3-year energy efficiency plan of a utility that serves less than 3,000,000 retail customers but more than 500,000 retail c ustomers in the State must also be designed to achieve l ifetime peak demand savings equal to the product of the incremental annual savings goals defined by paragraph (2) of subsection (b-16) and the minimum average saving s life defined by paragraph (3) of subsection (b-16) throu gh implementation of energy efficiency measures. The savings goals may be reduced if: (i) clear and convincing evidenc e and independent analysis demonstrates that the expenditur e limits in subsection (m) of this Section preclude full ac hievement of the goals, (ii) each of the following cond itions are met: (A) the plan's analysis and forecasts of the utility's ability to acquire energy savings demons trate by clear and convincing evidence and through independent analysis that achievement of such goals is no t cost-effective; and (B) the amount of energy saving s achieved by the utility, as determined by the independent evaluator, for the most recent year for which savings hav e been evaluated preceding the plan filing was less than th e average annual amount of savings required to achieve the goals for the applicable multi-year plan period, or (iii) changes in federal law, programs, or tariffs have a signi ficant and demonstrable impact on the cost of delive ring measures and programs. If there is not clear a nd convincing evidence that achieving the savings goals specified in subsection (b-16) is not possible both cost-effectively and within the expenditure limits in subsection (m), such savings goals shall not be reduced. Except as provided in subsection (m), annual savings goal s during the applicable multi-year plan period shall not be reduced to amounts that are less than the maximum amount of annual savings that is forecasted to be cost-eff ectively achievable during the applicable m ulti-year plan period. The Commission shall review any proposed goal reduction as part of its review and approva l of the utility's proposed plan. (4) No later than March 1, 2029, and every 4 years thereafter, each electric utility shall file a 4-ye ar energy efficiency plan commencing on January 1, 2030, and every 4 years thereafter, respectively, that is designed to achieve, through implementation of energy efficiency m easures, lifetime energy equal to the product of the inc remental annual savings goals defined by paragraph (1) of subsection (b-16) and the minimum average saving s life described in paragraph (C) of subsection (b-16) of this Section. The multi-year energy efficiency plan of a utility that serves less than 3,000,000 retail customers but more than 500,000 retail customers in the State must also be designed to achieve lifetime peak demand savings equal to the product of the incremental annual savings go als defined by paragraph (2) of subsection (b-16) and the minimum average savings life defined by paragraph (3) of subsection (b-16) through implementation of ener gy efficiency measures. However, the goals may be reduced if : (1) clear and convincing evidence and independent analysi s demonstrates that the expenditure limits in subsection (m ) of this Section preclude full achievement of the goals; ( 2) each of the following conditions are met: (A) the pla n's analysis and forecasts of the utility's ability to acquire energy savings demonstrate by clear and convincin g evidence and through independent analysis that achievemen t of such goals is not cost-effective; and (B) the am ount of energy savings achieved by the utility as determined by t he independent evaluator for the most recent year for wh ich savings have been evaluated preceding the plan fili ng was less than the average annual amount of savings required to achieve the goals for the applicable multi-year plan period; or (3) changes in federal l aw, programs, or tariffs have a significant and demonstrable impact on the cost of delivering measures and programs. I f there is not clear and convincing evidence that achieving the savings goals specified in paragraph (b-16) of this Section is possible both cost-effectively and withi n the expenditure limits in subsection (m), such savings goals shall not be reduced. Except as provided in subsection (m ) of this Section, annual savings goals during the applicab le multi-year plan period shall not be redu ced to amounts that are less than the maximum amount of annual s avings that is forecast to be cost-effectively ach ievable during the applicable multi-year plan period. The C ommission shall review any proposed goal reduction as pa rt of its review and approval of the utility's proposed plan. Each utility's plan sh all set forth the utility's proposa ls to meet the energy efficiency standards identif ied in subsection (b-5), (b-15), or (b-16), as applicable and as such standards may have been modified under this subsecti on (f), taking into account the unique circumstances of the utility's service territory. For those plans commencing o n January 1, 2018, the Commission shall seek public comment on the utility's plan and shall issue an order approving or disapproving each plan no later than 105 days after June 1, 2017 (the effective date of Public Act 99-906). For those plans commencing after December 31, 2021, the Commission shall seek public comment on the utility's plan and shall issue an order approving or disapproving each plan within 6 months after its submission. If the Commission disapproves a pla n, the Commission shall, within 30 days, describe in detail the reasons for the disapproval and describe a path by which the utility may file a revised draft of the plan to address t he Commission's concerns satisfactorily. If the utility does not refile with the Commission within 60 days, the utility sh all be subject to penalties at a rate of $100,000 per day unt il the plan is filed. This process shall continue, and penalties shall accrue, until the utility has successfully filed a portfolio of energy efficiency and demand-response measures. Penalties shall be deposited into the Energy Efficiency T rust Fund. (g) In submitting pro posed plans and funding levels under subsection (f) of this Section to meet the savings goals identified in subsection (b-5), (b-15), or (b -16) of this Section, as applicable, the utility shall: (1) Demonstrate that its proposed energy efficiency measures will achieve the applicable requirements that ar e identified in subsection (b-5), (b-15), or (b -16) of this Section, as modified by subsection (f) of this Section. (2) (Blank). (2. 5) Demonstrate consideration of program options for (A) advancing new building codes, appliance standards, an d municipal regulations governing existing and new building efficiency improvements and (B) supporting efforts to imp rove compliance with new building codes, appliance sta ndards and municipal regulations, as potentially cost-effective means of acquiring energy savings to count toward savings goals. (3) Demonstrate that its overall portfolio of measu res, not including low-income programs describ ed in subsection (c) of this Section, is cost-effective u sing the total resource cost test or complies with paragraphs (1) through (3) of subsection (f) of this Section and rep resents a diverse cross-section of opportunities for customers of all rate classes, other than those customers described in subsection (l) of this Section, to participa te in the programs. Individual measures need not be cost effective. (3. 5) Demonstrate that the utility's plan integrate s the delivery of energy efficiency programs with natural g as efficiency programs, programs promoting distributed s olar, programs promoting demand response and other effor ts to address bill payment issues, including, but no t limited to, LIHEAP and the Percentage of Income Payment P lan, to the extent such integration is practical and has the potential to enhance customer engagement, minimize ma rket confusion, or reduce administrative costs.

(4) If the utility chooses, present a third-p arty energy efficiency implementation program subject to the f ollowing requirements: (A) (blank); (B) during 2018, the utility shall conduct a solicitation process for purposes of requesting proposals from third-party vendors for those third-party energy efficiency programs to be offere d during one or more of the years commencing January 1, 201 9, January 1, 2020, and January 1, 2021; for those mul ti-year plans commencing on January 1, 2022 and January 1, 2026, the utility shall conduct a solicitation process during 2021 and 2025, respectively, for purposes of requesting proposals from t hird-party vendors for those third-part y energy efficiency programs to be offered during one or more year s of the respective multi-year plan period; for each solicitation process, the utility shall identify the sector, technology, or geographical area for which it is seeking requests for proposals; the solicitation pr ocess must be either for programs that fill gaps in the utility's program portfolio and for programs that tar get low-income customers, business sectors, buil ding types, geographies, or other specific parts of i ts customer base with initiatives that would be more effective at reaching these customer segments than t he utilities' programs filed in its energy efficien cy plans; (C) the utility shall propose the bidder qual ifications, performance measurement process, and cont ract structure, which must include a performance paym ent mechanism and general terms and conditions; the p roposed qualifications, process, and structure shall be subject to Commission approval; and (D) the utility shall retain an independent t hird party to score the proposals received through the solicit ation process described in this paragraph (4), ran k them according to their cost per lifetime kilowatt-hours saved, and assemble the portfolio of third-party programs.

The electric utility shall recover all costs associ ated with Commission-approved, third-pa rty administered programs regardless of the success of those programs. (4.5) Imple ment cost-effective demand-r esponse measures to reduce peak demand by 0.1% over the prior yea r for eligible retail customers, as defined in Section 16-111.5 of this Act, and for customers that elect hourly service from the utility pursuant to Section 16-107 of this Act, provided those customers have not been declared competitive. This requirement continues until December 31 , 2026. (5) Include a p roposed or revised cost-recove ry tariff mechanism, as provided for under subsection (d) of this S ection, to fund the proposed energy efficiency and deman d-response measures and to ensure the recovery of the prudently and reasonably incurred costs of Commission-approved programs. (6) Provide for an annual independent evaluation of the performance of the cost-effectiveness of the ut ility's portfolio of measures, as well as a full review of the mu lti-year plan results of the broader net program impacts and, to the extent practical, for adjustment of the measu res on a going-forward basis as a result of th e evaluations. The resources dedicated to evaluation shall not exceed 3% of portfolio resources in any given year. (7) For electric utilities that serve more than 3,0 00,000 retail customers in the State: (A) Through December 31, 2026, provide for an adjustment to the return on equity component of the utili ty's weighted average cost of capital calculated und er subsection (d) of this Section: (i) If the independent evaluator determ ines that the utility achieved a cumulative persisting annual savings that is less than the applicable annual in cremental goal, then the return on equity compon ent shall be reduced by a maximum of 200 basis poin ts in the event that the utility achieved no mo re than 75% of such goal. If the utility ac hieved more than 75% of the applicable annual i ncremental goal but less than 100% of such goal, then the return on equity component shall be reduce d by 8 basis points for each percent by which the u tility failed to achieve the goal. (ii) If the independent evaluator deter mines that the utility achieved a cumulative persisting annual savings that is more than the applicable annual in cremental goal, then the return on equity compon ent shall be increased by a maximum of 200 basis po ints in the event that the utility achieved at le ast 125% of such goal. If the utility achie ved more than 100% of the applicable annual incremental goal but less than 125% of such goal, then the return on equity component shall be increa sed by 8 basis points for each percent by which the utility achieved above the goal. If the applica ble annual incremental goal was reduced under para graph (1) or (2) of subsection (f) of this Sect ion, then the following adjustments shall be mad e to the calculations described in this item (ii): (aa) the calculation for determin ing achievement that is at least 125% of the applicable annua l incremental goal shall use the unreduce d applicable annual incremental goal to set t he value; and (bb) the calculation for determin ing achievement that is less than 125% but more than 100% of the applicable annual incremental goal shall use the reduced applicable annual incremental goal to set the value for 100% achievement of the goal and shall use the unreduced goal to set the value for 125% achievement. The 8 basis point value shall also be modifi ed, as necessary, so that the 200 basis poi nts are evenly apportioned among each percen tage point value between 100% and 125% achieve ment. (B) (Blank). (C) (Blank). (7.5) For purposes of this Section, the term "appli cable annual incremental goal" means the difference between the cumulative persisting annual savings goal for the calendar year that is the subject of the independent evaluator's determination and the cumulative persisting a nnual savings goal for the immediately preceding calenda r year, as such goals are defined in subsections (b-5 ) and (b-15) of this Section and as these goals may have been modified as provided for under subsection (b-20) an d paragraphs (1) and (2) of subsection (f) of this Section. Under subsections (b), (b-5), (b-10), and (b-15) of this Section, a utility must first replace energy savings from measures that have expired before any progress towards ac hievement of its applicable annual incremental goal may be counted. Savings may expire because measures installed in previous years have reached the end of their lives, be cause measures installed in previous years are producin g lower savings in the current year than in the previous ye ar, or for other reasons identified by independent eval uators. Notwithstanding anything else set forth in th is Section, the difference between the actual annual in cremental savings achieved in any given year, including the replacement of energy savings that have expired, and the applicable annual incremental goal shall not affect a djustments to the return on equity for subsequent calend ar years under this subsection (g). In this Section, "applicable annual total savings r equirement" means the total amount of new annual savings that the utility must achieve in any given year to achiev e the applicable annual incremental goal. This is equal to the applicable annual incremental goal plus the total new annual savings that are required to replace savings that expired in or at the end of the previous year. (8) For electric utilities that serve less than 3,0 00,000 retail customers but more than 500,000 retail c ustomers in the State: (A) Through December 31, 2026, the applicable annual incremental goal shall be compared to the annual i ncremental savings as determined by the independe nt evaluator. (i) The return on equity component shal l be reduced by 8 basis points for each percent by which the u tility did not achieve 84.4% of the applicable annual incremental goal. (ii) The return on equity component sha ll be increased by 8 basis points for each percent by which the utility exceeded 100% of the applicable annual incremental goal. (iii) The return on equity component sh all not be increased or decreased if the annual incremental savin gs as determined by the independent eval uator is greater than 84.4% of the applic able annual incremental goal and less than 100% of the applicable annual incremental goal. (iv) The return on equity component sha ll not be increased or decreased by an amount greater than 200 b asis points pursuant to this subparagraph (A). (B) (Blank). (C) (Blank). (D) (Blank). (8.5) Beginning January 1, 2027, a utility that ser ves greater than 500,000 retail customers in the State shall have the utility's return on equity modified for performa nce on the utility's energy savings and peak dema nd savings goals as follows: (A) The return on equity for a utility that s erves more than 3,000,000 retail customers in the State may be adjusted up or down by a maximum of 200 basis points f or its performance relative to its incremental annual en ergy savings goal. The return on equity for a utility t hat serves less than 3,000,000 retail customers but more than 500,000 retail customers in the S tate may be adjusted up or down by a maximum of 100 basis points for its performance relative to its incr emental annual energy savings goal and a maximum of 1 00 basis points for its performance relative to its i ncremental annual coincident peak demand savings goa l. (B) A util ity's performance on its savings go als shall be established by comparing the actual lifetime ene rgy, and coincident peak demand savings if a utility s erves less than 3,000,000 retail customers but m ore than 500,000 retail customers in the State, achi eved from efficiency measures installed in a given ye ar to the product of the incremental annual goals estab lished in paragraphs (1) and (2) of subsection (b-16) and the minimum average savings lives establ ished in paragraph (3) of subsection (b-16), as modified, if applicable, by the Commission under paragrap h (4) of subsection (f) of this Section. For the purposes of this paragraph (8.5), "lifetime savings" means the total incremental savings that install ed efficiency measures are projected to produce, r elative to what would have occurred absent to t he utility's efficiency programs, over the useful liv es of the measures. Performance on the energy savings goal, and coincident peak demand savings if a uti lity serves less than 3,000,000 retail customers but m ore than 500,000 retail customers in the State, shal l be assessed separately, such that it is possible to earn penalties on both, earn bonuses on both, or earn a bonus for performance on one goal and a penalty on the other. (C ) No bonus shall be earned if a utility doe s not achieve greater than 100% of an approved goal. The maximu m bonus for a goal shall be earned if the utility a chieves 125% of the unmodified goal. For a utility that serves less than 3,000,000 retail customers but more than 500,000 retail customers in the State, the bonu s earned for achieving more than 100% of an approved goal but less than 125% of the unmodified goal s hall be linearly interpolated. For a utility with m ore than 3,000,000 retail customers, the maximum bo nus for a goal shall be earned if the utility achieves 125% of the unmodified goal. For a utility with more than 3,000,000 retail customers, the bonus earn ed for achieving more than 100% of an approved goal b ut less than 125% of the unmodified goal shall be l inearly interpolated. (D) For utilities with greater than 3,000,000 retail customers, the return on equity shall be unmodifie d due to performance on an individual goal only if the utility achieves exactly 100% of the goal. Fo r utilities with more than 500,000 but fewer than 3,000 ,000 retail customers, the return on equity shall be unmodified for achieving between 85% and 100% of the g oal. (E) Pe nalties may be earned for falling short of goals, with the magnitude of any penalty being a function of both the size of the utility and whether goal s established in subsection (b-16) are modified by the Commission under paragraph (4) of subsection (f) of t his Section, as follows: (i) If the savings goals specified in s ubsection (b-16) of this Section are unmodified, a utility with more than 3,000,000 retail customers shall earn the maximum penalty allocated to a g oal for achieving 75% or less of the goal. The pena lty for achieving greater than 75% but less than 100% of the goal shall be linearly interpolated . (ii) If the savings goals specified in subsection (b-16) of this Section are unmodified, a utility with more than 500,000 but fewer than 3,000,000 retail customers shall earn the maximum penalty allocated to a goal for achieving at least 33.3 p ercentage points less than the bottom end of the de adband specified in subparagraph (D) of this paragr aph (8.5). The penalty for achieving less than the bottom end of the deadband and greater than 33.3 percentage points less than the bottom end of t he deadband shall be linearly interpolated. (iii) If either the energy or peak dema nd savings goals specified in subsection (b-16) are re duced under paragraph (3) or (4) of subsection (f) of t his Section, the maximum penalty allocated to a g oal shall be earned if the utility achieves 80% or less of the modified goal. The penalty for achievi ng more than 80% but less than 100% of a modified goal shall be linearly interpolated. (9) The utility shall submit the energy savings dat a to the independent evaluator no later than 30 days after the close of the plan year. The independent evaluator sha ll determine the cumulative persisting annual savings and annual incremental savings for a given plan year, as well as an estimate of job impacts and other macroeconomi c impacts of the efficiency programs for that year, no late r than 120 days after the close of the plan year. The utili ty shall submit an informational filing to the Commission no later than 160 days after the close of the plan year that attaches the independent evaluator's final report identif ying the cumulative persisting annual savings for the year and calculates, under paragraph (7) or (8) of th is subsection (g), as applicable, any resulting change to the utility's return on equity component of the weight ed average cost of capital applicable to the next p lan year beginning with the January monthly billing peri od and extending through the December monthly billing period. However, if the utility recovers the costs incurr ed under this Section under paragraphs (2) and (3) of subsection (d) of this Section, then the utility shall not be required to submit such informational filing, and shall instead submit the information that would otherwise be included in the informational filing as part of its fi ling under paragraph (3) of such subsection (d) that is due on or before June 1 of each year. For those utilities that must submit the informatio nal filing, the Commission may, on its own motion or by petit ion, initiate an investigation of such filing, provi ded, however, that the utility's proposed return on equity calculation shall be deemed the final, approved ca lculation on December 15 of the year in which it is fil ed unless the Commission enters an order on or before Decemb er 15, after notice and hearing, that modifies such calculation consistent with this Section. The adjustments to the return on equity component d escribed in paragraphs (7) and (8) of this subsection (g ) shall be applied as described in such paragraphs through a separate tariff mechanism, which shall be filed by the ut ility under subsections (f) and (g) of this Section. (9.5) The utility must demonstrate how it will ensu re that program implementation contractors and energy effici ency installation vendors will promote workforce eq uity and quality jobs. For all construction, installati on, or other related services procured under th is Section, an electric utility must: (A) award a bid preference of 2% to a contrac tor if the contractor certifies under oath that the contractor's primary place of business is located within the utility's service area; and (B) award a bid preference of 2% to a contrac tor if the contractor certifies under oath that at least 85% of the workforce to be utilized for such construction, in stallation, or other related services reside in the uti lity's service area. (9.6) Utilities shall collect data necessary to ens ure compliance with paragraph (9.5) no less than quarterly an d shall communicate progress toward compliance with paragra ph (9.5) to program implementation contractors and energy efficiency installation vendors no less than quart erly. Utilities shall work with relevant vendors, pr oviding education, training, and other resources needed to ensure compliance and, where necessary, adjusting or t erminating work with vendors that cannot assist with com pliance. (10) Utili ties required to implement efficiency pro grams under subsections (b-5), (b-10), and (b-16) shall report annually to the Illinois Commerce Commission and t he General Assembly on how hiring, contracting, job trai ning, and other practices related to its energy effic iency programs enhance the diversity of vendors work ing on such programs. These reports must include data on vendor and employee diversity, including data on the i mplementation of paragraphs (9.5) and (9.6) and the prop ortion of total program dollars awarded to firms that meet the criteria of subparagraphs (A) and (B) of paragra ph (9.5). If the utility is not meeting the requir ements of paragraphs (9.5) and (9.6), the utility s hall submit a plan to adjust their activities so that th ey meet the requirements of paragraphs (9.5) and (9.6) within the following year. (h) No more than 4% of energy efficiency and demand-response program revenue may be allocated fo r research, development, or pilot deployment of new equipment or meas ures. Electric utilities shall work with interested stakeholder s to formulate a plan for how these funds should be spent, inc orporate statewide approaches for these allocations, a nd file a 4-year plan that demonstrates that collabora tion. If a utility files a request for modified annual energy saving s goals with the Commission, then a utility shall forgo spe nding portfolio dollars on research and development proposals.

(i) When practicable, electric utilities shall incorporat e advanced metering infrastructure data into the planning, implementation, and evaluation of energy efficiency measu res and programs, subject to the data privacy and confidentia lity protections of applicable law. (j) The independent evaluator shall follow the guidelines and use the savings set forth in Commission-approve d energy efficiency policy manuals and technical reference manuals , as each may be updated from time to time. Until such time as measure life values for energy efficiency measures implem ented for low-income households under subsection (c) of t his Section are incorporated into such Commission-approved manu als, the low-income measures shall have the same measure lif e values that are established for same measures implemented in hou seholds that are not low-income households. (k) Notwithstanding any provision of law to the contrary, an electric utility subject to the requirements of this S ection may file a tariff cancelling an automatic adjustm ent clause tariff in effect under this Section or Section 8-103, which shall take effect no later than one business day af ter the date such tariff is filed. Thereafter, the utility sh all be authorized to defer and recover its expenditures incur red under this Section through a new tariff authorized under subsection (d) of this Section or in the utility's next r ate case under Article IX or Section 16-108.5 of this A ct, with interest at an annual rate equal to the utility's weighte d average cost of capital as approved by the Commission in such case. If the utility elects to file a new tariff under su bsection (d) of this Section, the utility may file the tariff within 10 days after June 1, 2017 (the effective d ate of Public Act 99-906), and the cost inputs to such tar iff shall be based on the projected costs to be incurred by the utilit y during the calendar year in which the new tariff is filed and that were not recovered under the tariff that was cancell ed as provided for in this subsection. Such costs shall include those incurred or to be incurred by the utility under its multi-year plan approved under subsections (f) and (g) of this Section, including, but not limited to, projected capital investment costs and projected regulatory asset balances with correspondingly updated depreciation and amortization res erves and expense. The Commission shall, after notice and heari ng, approve, or approve with modification, such tariff and co st inputs no later than 75 days after the utility filed the tariff, provided that such approval, or approval with mod ification, shall be consistent with the provisions of this Section to the extent they do not conflict with this subs ection (k). The tariff approved by the Commission sha ll take effect no later than 5 days after the Commission ent ers its order approving the tariff. No later than 60 days after the effective date of the tar iff cancelling the utility's automatic adjustment clau se tariff, the utility shall file a reconciliation that reco nciles the moneys collected under its automatic adjus tment clause tariff with the costs incurred during the period b eginning June 1, 2016 and ending on the date that the el ectric utility's automatic adjustment clause tariff was cancelle d. In the event the reconciliation reflects an under-coll ection, the utility shall recover the costs as specified in this subs ection (k). If the reconciliation reflects an over-collection, the utility shall apply the amount of such over-collection as a one-time credit to retai l customers' bills. (l) For the calendar years cover ed by a multi-year plan commencing after December 31, 2017, subsections (a) throu gh (j) of this Section do not apply to eligible large privat e energy customers that have chosen to opt out of multi-year plans consistent with this subsection (1). (1) For purposes of this subsection (l), "eligible large private energy customer" means any retail customers , except for federal, State, municipal, and other public cu stomers, of an electric utility that serves more than 3 ,000,000 retail customers, except for federal, State, mu nicipal and other public customers, in the State and wh ose total highest 30 minute demand was more than 10,000 kilowatts, or any retail customers of an electric utility that serves less than 3,000,000 retail customers but more than 500,000 retail customers in the State and whose tota l highest 15 minute demand was more than 10,000 kilowatts. For purposes of this subsection (l), "retail customer" ha s the meaning set forth in Section 16-102 of this Act . However, for a business entity with multiple sites locate d in the State, where at least one of those sites qualifies as an eligible large private energy customer, then any of that business entity's sites, properly identified on a fo rm for notice, shall be considered eligible large priva te energy customers for the purposes of this subsect ion (l). A determination of whether this subsectio n is applicable to a customer shall be made for each multi-year plan beginning after December 31, 2017. The criteria for determining whether this subsection (l) is a pplicable to a retail customer shall be based on the 12 consecutive billing periods prior to the start of the fir st year of each such multi-year plan. (2) Within 45 days after September 15, 2021 (the ef fective date of Public Act 102-662), the Commissi on shall prescribe the form for notice required for opting o ut of energy efficiency programs. The notice must be sub mitted to the retail electric utility 12 months before the next energy efficiency planning cycle. However, withi n 120 days after the Commission's initial issuance of the f orm for notice, eligible large private energy customers may submit a form for notice to an electric utility. The form for notice for opting out of energy efficiency progr ams shall include all of the following: (A) a statement indicating that the customer has elected to opt out; (B) the account numbers for the customer acco unts to which the opt out shall apply;

(C) the mailing address associated with the c ustomer accounts identified under subparagraph (B); (D) an American Society of Heating, Refrigera ting, and Air-Conditioning Engineers (ASHRAE) level 2 or higher audit report conducted by an independent third-party expert identifying cost-effective energy efficiency project opportunities that could be invested i n over the next 10 years. A retail customer wit h specialized processes may utilize a self-audit process in lieu of the ASHRAE audit; (E) a description of the customer's plans to reallocate the funds toward internal energy efficiency ef forts identified in the subparagraph (D) report, includ ing, but not limited to: (i) strategic energy manag ement or other programs, including descriptions of t argeted buildings, equipment and operations; (ii) eli gible energy efficiency measures; and (iii) expected e nergy savings, itemized by technology. If the s ubparagraph (D) audit report identifies that the cus tomer currently utilizes the best available energy eff icient technology, equipment, programs, and operations , the customer may provide a statement that mor e efficient technology, equipment, programs, and opera tions are not reasonably available as a means of sat isfying this subparagraph (E); and (F) the effective date of the opt out, which will be the next January 1 following notice of the opt out. (3) Upon receipt of a properly and timely noticed r equest for opt out submitted by an eligible large privat e energy customer, the retail electric utility shall grant the request, file the request with the Commission and, be ginning January 1 of the following year, the opted out customer shall no longer be assessed the costs of the pla n and shall be prohibited from participating in that 4-year plan cycle to give the retail utility the certainty to de sign program plan proposals. (4) Upon a customer's election to opt out under par agraphs (1) and (2) of this subsection (l) and commenc ing on the effective date of said opt out, the acc ount properly identified in the customer's notice unde r paragraph (2) shall not be subject to any cost recovery a nd shall not be eligible to participate in, or directly benefit from, compliance with energy efficiency cumulativ e persisting savings requirements under subsections (a) thr ough (j). (5) A uti lity's cumulative persisting annual saving s targets will exclude any opted out load. (6) The request to opt out is only valid for the re quested plan cycle. An eligible large private energy cu stomer must also request to opt out for future energy p lan cycles, otherwise the customer will be included in t he future energy plan cycle. (m) Notwithstanding the requirements of this Section, as part of a proceeding to approve a multi-year plan u nder subsections (f) and (g) of this Section if the multi-year plan has been designed to maximize savings, but does not meet the cost cap limitations of this Section, the Commission shal l reduce the amount of energy efficiency measures implement ed for any single year, and whose costs are recovered under subsection (d) of this Section, by an amount necessary to limit the estimated average net increase due to the cost of the measures to no more than (1) 3.5% for each of the 4 years beginning January 1, 2018, (2) (blank), (3) 4% for each of the 4 years beginning January 1, 2022, (3.5) 4.25% for 2026, (4) 4.25% for electric utilities that serve more th an 3,000,000 retail customers in the State, and 4.21% for 20 27, 5.25% for 2028, and 6.06% for 2029 for electric uti lities with less than 3,000,000 retail customers but m ore than 500,000 retail customers in the State, for the 3 years beginning January 1, 2027, and (5) the percentage specified in paragraph (4) appli cable to 2029 plus an increase sufficient to account for the rate of inflation between January 1, 2027 and Jan uary 1 of the first year of each subsequent 4-ye ar plan cycle, of the average amount paid per kilowatthour by residentia l eligible retail customers during calendar year 2015 for p lans in effect through 2026 and during calendar year 2023 for plans commencing in 2027 and thereafter. An electric utility ma y plan to spend up to 10% more in any year during an applic able multi-year plan period, including any transition pe riod authorized under paragraph (2.5) of subsection (f), to co st-effectively achieve additional savings so long as the average over the applicable multi-year plan period, which shall include any transition period, does not exceed the percentages defined in items (1) through (5). To determin e the total amount that may be spent by an electric utility in any single year, the applicable percentage of the average amo unt paid per kilowatthour shall be multiplied by the total am ount of energy delivered by such electric utility in the calen dar year 2015 for plans in effect through 2026 and during cal endar year 2023 for plans commencing in 2027 and thereafter, ad justed to reflect the proportion of the utility's load attributable to customers that have opted out of subsecti ons (a) through (j) of this Section under subsection (l) of t his Section. For purposes of this subsection (m), the amount paid per kilowatthour includes, without limitation, estimated amounts paid for supply, transmission, distribution, surc harges, and add-on taxes. For purposes of this Section, "eligible retail customers" shall have the meaning set fo rth in Section 16-111.5 of this Act. Once the Commissio n has approved a plan under subsections (f) and (g) of this Sec tion, no subsequent rate impact determinations shall be made. (n) A utility shall take advantage of the efficiencies av ailable through existing Illinois Home Weatherization A ssistance Program infrastructure and services, such as e nrollment, marketing, quality assurance and implementati on, which can reduce the need for similar services at a lower cost than utility-only programs, subject to capacity con straints at community action agencies, for both single-family a nd multifamily weatherization services, to the extent Illino is Home Weatherization Assistance Program community action a gencies provide multifamily services. A utility's plan s hall demonstrate that in formulating annual weatherization bud gets, it has sought input and coordination with community actio n agencies regarding agencies' capacity to expand and maxim ize Illinois Home Weatherization Assistance Program delivery using the ratepayer dollars collected under this Section. (Source: P.A. 103-154, eff. 6-30-23; 10 3-613, eff. 7-1-24; 104-458, eff. 6-1-26.) Section 180. The Child Care Act of 196 9 is amended by changing Sections 2.09, 2.10, 2.11, 2.18, 2.20, 3, 3.01, 3.7, 3.8, 4, 4.01, 4.1, 4.2, 4.2a, 4.3, 4.3a, 4.4, 4.4a, 4.5, 5, 5.01, 5.1, 5.1a, 5.2, 5.2a, 5.3, 5.5, 5.6, 5.8, 5.9, 5.10 , 5.11, 5.12, 6, 6.1, 7, 7.01, 7.10, 8, 8.1, 8.2, 8.5, 8a, 8.1a, 8.2a, 8.6, 9, 9.01, 9.1c, 9.2, 10, 11.2, 11.3, 12, 12.1, 15, 15.1, 16.1, 18, and 18.1 as follows: (225 ILCS 10/2.09) (Text of Section before amendment by P.A. 103-594) Sec. 2.09. "Day care center" means any child care facility which regularly provides day care for less than 24 hours per day, except as provided for in Section 5.12, for (1) more than 8 children in a family home, or (2) more than 3 children in a facility other than a family home, including senior citiz en buildings. The term does not include:

(a) programs operated by (i) public or private elem entary school systems or secondary level school units or institutions of higher learning that serve children wh o shall have attained the age of 3 years or (ii) private en tities on the grounds of public or private elementary o r secondary schools and that serve children who have attain ed the age of 3 years, except that this exception a pplies only to the facility and not to the private entit ies' personnel operating the program; (b) programs or that portion of the program which s erves children who shall have attained the age of 3 year s and which are recognized by the State Board of Education;

(c) educational program or programs serving childre n who shall have attained the age of 3 years and which are operated by a school which is registered with the State B oard of Education and which is recognized or accredited by a recognized national or multistate educational organi zation or association which regularly recognizes or accredits schools; (d ) programs which exclusively serve or that portio n of the program which serves children with disabilities wh o shall have attained the age of 3 years but are less than 21 years of age and which are registered and approved as mee ting standards of the State Board of Education and app licable fire marshal standards; (e) facilities operated in connection with a shoppi ng center or service, religious services, or other similar f acility, where transient children are cared for temporar ily while parents or custodians of the children a re occupied on the premises and readily available; (f) any type of day care center that is conducted o n federal government premises; (g) special activities programs, including athletic s, recreation, crafts instruction, and similar activities co nducted on a periodic basis by civic, charitable, or go vernmental organizations, including, but not limited to , programs offered by arboretums or park districts organize d under the Park District Code to children who shall have a ttained the age of 3 years old if the program meets no m ore than 3.5 continuous hours at a time or less and no m ore than 25 hours during any week, and the park district conducts background investigations on employees of the pr ogram pursuant to Section 8-23 of the Park Distri ct Code or the arboretum conducts background investigations on em ployees of the program pursuant to this Act; (h) part day child care facilities, as defined in S ection 2.10 of this Act; (i) programs or that portion of the program which:

(1) serves children who shall have attained t he age of 3 years; (2) is operated by churches or religious inst itutions as described in Section 501(c)(3) of the fed eral Internal Revenue Code; (3) receives no governmental aid; (4) is operated as a component of a religious , nonprofit elementary school; (5) operates primarily to provide religious e ducation; and

(6) meets appropriate State or local health a nd fire safety standards; or (j) programs or portions of programs that: (1) serve only school-age children and youth (defined as full-time kindergarten children, as def ined in 89 Ill. Adm. Code 407.45, or older); (2) are organized to promote childhood learni ng, child and youth development, educational or recreational activities, or character-building; (3) operate primarily during out-of-school time or at times when school is not normally in session; (4) comply with the standards of the Illinois Department of Public Health (77 Ill. Adm. Code 750) or th e local health department, the Illinois State Fire Mars hal (41 Ill. Adm. Code 100), and the following additi onal health and safety requirements: procedures for employee and volunteer emergency preparedness and pra ctice drills; procedures to ensure that first aid kits are maintained and ready to use; the placement of a minimum level of liability insurance as determined by t he Department; procedures for the availability of a w orking telephone that is onsite and accessible at all times; procedures to ensure that emergency phone numb ers are posted onsite; and a restriction on handgun o r weapon possession onsite, except if possessed by a peace officer; (5) perform and maintain authorization and re sults of criminal history checks through the Illinois State Pol ice and FBI and checks of the Illinois Sex Offender Re gistry, the National Sex Offender Registry, and Child A buse and Neglect Tracking System for employees and volunteers who work directly with children; (6) make hiring decisions in accordance with the prohibitions against barrier crimes as specified in Secti on 4.2 of this Act or in Section 21B-80 of the School Code; (7 ) provide parents with written disclosure t hat the operations of the program are not regulated by licens ing requirements; and (8) obtain and maintain records showing the f irst and last name and date of birth of the child, name, addre ss, and telephone number of each parent, emergency c ontact information, and written authorization for medical care. Program s or portions of programs requesting Child Care As sistance Program (CCAP) funding and otherwise meeting t he requirements under item (j) shall request exemption from the Department and be determined exempt prior to receiving fu nding and must annually meet the eligibility requirements and b e appropriate for payment under the CCAP. Programs or portions of programs under item (j) that do n ot receive State or federal funds must comply with staff qualification and training standards established by rule by the Department of Human Services. The Department of Human Services shall set such standards after review of Aftersc hool for Children and Teens Now (ACT Now) evidence-based quality standards developed for school-age out-of-school time programs, feedback from the school-age out-of -school time program professionals, and review of out-of-s chool time professional development frameworks and quality tools. Out-of-school time programs for school- age youth that receive State or federal funds must comply with only thos e staff qualifications and training standards set for the p rogram by the State or federal entity issuing the funds.

For purposes of items (a), (b), (c), (d), and (i) of this Section, "children who shall have attained the age of 3 y ears" shall mean children who are 3 years of age, but less than 4 years of age, at the time of enrollment in the program.(Source: P.A. 103-153, eff. 6-30-23; 10 3-952, eff. 1-1-25; 104-45, eff. 1-1-26; 104-417, eff . 8-15-25.) (Text of Section after amendment by P.A. 103-594) Sec. 2.09. " Child Day care center" means any child care facility which regularly provides child day care for less than 24 hours per day, except as provided for in Section 5.12, for (1) more than 8 children in a family home, or (2) more th an 3 children in a facility other than a family home, includin g senior citizen buildings.

The term does not include: (a) programs operated by (i) public or private elementary school systems or secondary level school units or institutions of higher learning that serve children wh o shall have attained the age of 3 years or (ii) private en tities on the grounds of public or private elementary o r secondary schools and that serve children who have attain ed the age of 3 years, except that this exception a pplies only to the facility and not to the private entit ies' personnel operating the program; (b) programs or that portion of the pro gram which serves children who shall have attained the age of 3 year s and which are recognized by the State Board of Education; (c) educational program or programs ser ving children who shall have attained the age of 3 years and which are operated by a school which is registered with the State B oard of Education and which is recognized or accredited by a recognized national or multistate educational organi zation or association which regularly recognizes or accredits schools; (d) programs which exclusively serve or that portion of the program which serves children with disabilities wh o shall have attained the age of 3 years but are less than 21 years of age and which are registered and approved as mee ting standards of the State Board of Education and app licable fire marshal standards; (e) facilities operated in connection w ith a shopping center or service, religious services, or other similar f acility, where transient children are cared for temporar ily while parents or custodians of the children a re occupied on the premises and readily available; (f) any type of day care center that is conducted on federal government premises; (g) special activities programs, includ ing athletics, recreation, crafts instruction, and similar activities co nducted on a periodic basis by civic, charitable, or go vernmental organizations, including, but not limited to , programs offered by arboretums or park districts organize d under the Park District Code to children who shall have a ttained the age of 3 years old if the program meets no m ore than 3.5 continuous hours at a time or less and no m ore than 25 hours during any week, and the park district conducts background investigations on employees of the pr ogram pursuant to Section 8-23 of the Park Distri ct Code or the arboretum conducts background investigations on em ployees of the program pursuant to this Act; (h) part day child care facilities, as defined in Section 2.10 of this Act; (i) programs or that portion of the pro gram which: (1) serves children who shall hav e attained the age of 3 years; (2) is operated by churches or re ligious institutions as described in Section 501(c)(3) of the fed eral Internal Revenue Code; (3) receives no governmental aid;

(4) is operated as a component of a religious, nonprofit elementary school; (5) operates primarily to provide religious education; and (6) meets appropriate State or lo cal health and fire safety standards; or (j) programs or portions of programs th at: (1) serve only school-age c hildren and youth (defined as full-time kindergarten children, as def ined in 89 Ill. Adm. Code 407.45, or older); (2) are organized to promote chil dhood learning, child and youth development, educational or recreational activities, or character-building; (3) operate primarily during out-of-school time or at times when school is not normally in session; (4) comply with the standards of the Illinois Department of Public Health (77 Ill. Adm. Code 750) or th e local health department, the Illinois State Fire Mars hal (41 Ill. Adm. Code 100), and the following additi onal health and safety requirements: procedures for employee and volunteer emergency preparedness and pra ctice drills; procedures to ensure that first aid kits are maintained and ready to use; the placement of a minimum level of liability insurance as determined by t he Department; procedures for the availability of a w orking telephone that is onsite and accessible at all times; procedures to ensure that emergency phone numb ers are posted onsite; and a restriction on handgun o r weapon possession onsite, except if possessed by a peace officer; (5) perform and maintain authoriz ation and results of criminal history checks through the Illinois State Pol ice and FBI and checks of the Illinois Sex Offender Re gistry, the National Sex Offender Registry, and Child A buse and Neglect Tracking System for employees and volunteers who work directly with children; (6) make hiring decisions in acco rdance with the prohibitions against barrier crimes as specified in Secti on 4.2 of this Act or in Section 21B-80 of the School Code; (7) provide parents with written disclosure that the operations of the program are not regulated by licens ing requirements; and (8) obtain and maintain records s howing the first and last name and date of birth of the child, name, addre ss, and telephone number of each parent, emergency c ontact information, and written authorization for medical care.

Out-of-school time programs for s chool-age youth that receive State or federal funds must comply with only thos e staff qualifications and training standards set for the p rogram by the State or federal entity issuing the funds.

For purposes of items (a), (b), (c), (d), and (i) of this Section, "children who shall have attained the age of 3 y ears" shall mean children who are 3 years of age, but less than 4 years of age, at the time of enrollment in the program.(Source: P.A. 103-153, eff. 6-30-23; 10 3-594, eff. 7-1-26; 103-952, eff. 1-1-25; 104-45, eff . 1-1-26; 104-417, eff. 8-15-25.) (225 ILCS 10/2.10) (from Ch. 23, par.

2212.10) Sec. 2.10. "Part day child care facility" means a nonresidential program for children ages 3 and above, whe re the child is present for a maximum of 3 hours per day and the parent or guardian of the child is not on site. Providers must obtain emergency contact information for the parents or g uardians of children at the facility.Part day child care facilities are subject to the require ments outlined in Section 3 of this Act. facility for which written notification has been filed pursuant to subsection (b) of Section 3 of this Act and which is conducted by a church, religious organization or social service agency in which individual children are provided care, on an intermittent basis, for up to 10 hours per seven day week. Any facilit y which provides intermittent care for up to 10 hours per 7 day week shall not provide such care for more than 8 hours in any given day during the 7 day week. Any facility which provi des intermittent care for up to 10 hours per 7 day week shall provide at least one caregiver per 20 children. Any facil ity which operates for more than 10 hours per 7 day week or c harges a fee for its services shall maintain written records ind icating the parent's name, emergency phone numbers and the number of hours each child is served in order to verify t hat the facility is operating within the bounds set by this d efinition.(Source: P.A. 87-724.) (225 ILCS 10/2.11) (from Ch. 23, par.

2212.11) (Section scheduled to be repealed on July 1, 2026) Sec. 2.11. " Child Day care agency" means any person, group of persons, public or private agency, association or orga nization which undertakes to provide one or more child day care homes with administrative services including, but no t limited to, consultation, technical assistance, training, supervision, evaluation and provision of or referral to h ealth and social services under contractual arrangement.

(Source: P.A. 83-126. Repealed by P.A. 103-59 4, eff. 7-1-26.) (225 ILCS 10/2.18) (from Ch. 23, par.

2212.18) Sec. 2.18. " Child Day care homes" means family homes which receive more than 3 up to a maximum of 12 children for le ss than 24 hours per day. The number counted includes the fa mily's natural or adopted children and all other person s under the age of 12. The term does not include facilities which receive only children from a single household.(Source: P.A. 87-674.) (225 ILCS 10/2.20) (from Ch. 23, par.

2212.20) Sec. 2.20. "Group child day care home" means a family home which receives more than 3 up to a maximum of 16 children for less than 24 hours per day. The number counted includes t he family's natural or adopted children and all other person s under the age of 12.(Source: P.A. 87-675) (225 ILCS 10/3)

(Text of Section before amendment by P.A. 103-594) Sec. 3. (a) No person , group of persons or corporation may operate or conduct any facility for child care, as define d in this Act, without a license or permit issued by the Depar tment or without being approved by the Department as meeting th e standards established for such licensing, with the except ion of facilities for whom standards are established by the D epartment of Corrections under Section 3-15- 2 of the Unified Code of Corrections, with the exception of facilities def ined in Section 2.10 of this Act, and with the exception of pr ograms or facilities licensed by the Department of Human Service s under the Substance Use Disorder Act. ( b) No part day child care facility as described in Secti on 2.10 may operate without written notification to the Department or without complying with Section 7.1. Notific ation shall include a notarized statement by the facility that the facility complies with State or local health standards an d State fire safety standards and shall be filed with the d epartment every 2 years. (c) The Direc tor of the Department shall establish polici es and coordinate activities relating to child care licensing, licensing of day care homes and day care cente rs. (d) Any facility or agency which is exempt from licensing may apply for licensing if licensing is required for some government benefit. (e) A provider of d ay care described in items (a) through (j) of Section 2.09 of this Act is exempt from licensure. The Department shall provide written verification of exemptio n and description of compliance with standards for the health, safety, and development of the children who receive the s ervices upon submission by the provider of, in addition to any other documentation required by the Department, a not arized statement that the facility complies with: (1) the standards of the Department of Public Health or local hea lth department, (2) the fire safety standards of the State Fi re Marshal, and (3) if operated in a public school building, the health and safety standards of the State Board of Educati on. (f) Through June 30, 2029, either a qualified child care director, as described in 89 Ill. Adm. Code 407.130, or a qualified early childhood teacher, as described in 89 Ill . Adm. Code 407.140, with a minimum of 2,880 hours of exper ience as an early childhood teacher at the early childhood teac her's current facility must be present for the first and last h our of the workday and at the open or close of the facility. The Department shall adopt rules to implement this subsection . Such rules must be filed with the Joint Committee on Admi nistrative Rules no later than January 1, 2025. (Source: P.A. 103-821, eff. 8-9-24; 104 -417, eff. 8-15-25.) (Text of Section after amendment by P.A. 103-594) Sec. 3. (a) No person , group of persons or corporation may operate or conduct any facility for child care, as define d in this Act, without a license or permit issued by the Depar tment or without being approved by the Department as meeting th e standards established for such licensing, except child care settings with the exception of faci lities for whom standards are established by the Department of Corrections under Se ction 3-15-2 of the Unified Code of Corrections, wi th the exception of facilities defined in Section 2.10 of thi s Act, with the exception of programs or facilities licensed by the Depar tment of Human Services under the Substance Use Disorder Act, a nd with the exception of day care centers, day care homes, a nd group day care homes. (a-5) No part day child care facility as d escribed in Section 2.10 may operate without written notification to the Department or without complying with Section 7.1. Part da y child care facilities must comply with building and physi cal safety requirements, health and safety requirements, and background check requirements adopted by the Department o f Early Childhood that may meet but not exceed the requirem ents for the child care assistance program under Section 9A-11 of the Illinois Public Aid Code. (a-10) The Secretary of Early Childhood sh all establish policies and coordinate activities relating to licensing of child care homes, group child care homes, and child care centers. (b) (Blank).

(c) (Blank). (d) Any child car e provider facility or agency which is not required to be licensed exempt from licensing may apply for a license licensing if a license licensing is required for some government benefit or if the child care pro vider wishes to be licensed. (d-5) A provider of child care under the c ircumstances described in this subsection (d-5) is not required to obtain a license. The Department of Early Childhood shall provide a written verification of alternate license and a descripti on of compliance with standards for the health, safety, and dev elopment of the children who receive child care servic es upon submission by the child care provider of, in additio n to any other documentation required by the Department of Ear ly Childhood, a notarized statement that the child care prov ider's facility complies with rules promulgated by th e Department of Early Childhood on building safety, health, and safety and background checks. These requirements may meet but not exceed the requirements for the child care assistance program under Section 9A-11 of the Illinois Public Aid Code. (1) In-home child care that is provi ded to no more than 3 children under the age of 12, including the provid er's natural or adopted children and any other pers ons under the age of 12 whether related or unrelated to the provider of the child care home, is not required t o obtain a license as a child care facility. A provider may care for up to 6 children if all such children are childr en from the same household. Providers must notify the parent or guardian of a child that the program is operating purs uant to an exemption from licensure. For the purposes of this paragraph (1), "children from the same household" includes children that are blood-related, adopted, stepchildren, and children placed in a home through foste r care that are under the age of 12 years and living in the same home. (2) Supplementary child care operations fo r facilities that provide activities including, without limitation, re tail shopping, exercise, or religious activities, are n ot required to obtain a license as a child care facility as long as children are in care for no longer than 2 hour s per day and the facility does not refer to itself as a ch ild care center. The parent or guardian of the child mu st remain on the same premises as the child and be read ily available. Providers must obtain emergency contac t information for a child's parent or guardian. Providers m ust notify the parent or guardian that the program is op erating pursuant to an exemption from licensure. (3) For children 5 years of age or older, extracurricular programs outside of school hours in music , dance, drama or art, library programs, scouting programs, academic tutoring programs, sports programs, or other cla sses that teach a single skill are not required to obt ain a license as a child care facility as long as chil dren are not participating in such programs for a cum ulative total of greater than 2 hours per day. (4) programs operated by (i) public or pri vate elementary school systems or secondary level school units or institutions of higher learning that serve children wh o shall have attained the age of 3 years or (ii) private en tities on the grounds of public or private elementary o r secondary schools and that serve children who have attain ed the age of 3 years are not required to obtain a license as a child care facility, except that this paragr aph (4) applies only to the facility and not to the private entities' personnel operating the program. Progra ms or the portion of a program that serves children who shall have attained the age of 3 years and that are r ecognized by the State Board of Education and educationa l program or programs serving children who shall have attai ned the age of 3 years, that are operated by a schoo l, at the same location as the school is operated, that are registered with the State Board of Education, and that ar e recognized or accredited by a recognized national or mult istate educational organization or association which regularly recognizes or accredits schools are not require d to obtain a license as a child care facility. (5) any type of child care that is conduct ed on federal government premises, including child care centers , child care homes, and group child care homes serving chil dren of military personnel, are not required to obtai n a license as a child care facility. Notwithstanding any o ther provision to the contrary, a child care home or gro up child care home that would otherwise be subject to licensure may be exempt from licensure if it meets all of the following requirements: (i) it serves dependent child ren of military personnel, (ii) it is located on a m ilitary base or federal or government property, and (iii ) it is certified as a child development program by a branc h of the U.S. Department of Defense or the U.S. Coast Guard . The U.S. Department of Defense, the U.S. Coast Guard, or their agents, including an installation commander of a mi litary base on which a child care home or group child c are home is located, may assume responsibility for monit oring the child care homes or group child care homes that are exempt from licensure under this Section. (d-10) Providers of child care under the c ircumstances described in this subsection (d-10) are exempt from full licensure requirements under this Act, as long as the pro vider meets some of the eligibility requirements applicable for participation in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, incl uding, without limitation, education, training, CPR and first ai d, and background checks for applicable individuals and the premises for child care facilities must meet applicable h ealth and safety standards. Such providers must also meet certa in staffing ratios and provide certain business records. The Department of Early Childhood shall adopt rules for alter natively licensed child care providers that may meet , but not exceed eligibility requirements for participation in the child care assistance program under Section 9A-11 o f the Illinois Public Aid Code. (i) Nonresidential programs for children a ge 5 and above that provide care or supervision when school is not in session, that operate no more than 75 days in any 12-month period are not required to obtain a licens e as a child care facility. (ii) Nonresidential programs for children age 5 and above, where the child is present for a maximum of 2.5 ho urs per day and the parent or guardian of the child is not on site are not required to obtain a license as a chi ld care facility. (iii) Programs that provide care to childr en age 5 and above before or after school hours are not required to ob tain a license as a child care facility. Children may n ot be on the premises for more than 2 hours before schoo l or 4 hours after school, for a cumulative total of no mor e than 6 hours per day, and children may only be on the pre mises between the hours of 6:00AM and 6:30PM. (e) (Blank). (f) Through June 30, 2029 , either a qualified child care director, as described in 89 Ill. Adm. Code 407.130, or a qualified early childhood teacher, as described in 89 Ill . Adm. Code 407.140, with a minimum of 2,880 hours of exper ience as an early childhood teacher at the early childhood teac her's current facility must be present for the first and last h our of the workday and at the open or close of the facility. The Department shall adopt rules to implement this subsection . Such rules must be filed with the Joint Committee on Admi nistrative Rules no later than January 1, 2025. (Source: P.A. 103-594, eff. 7-1-26; 103 -821, eff. 8-9-24; 104-417, eff. 8-15-25.) (225 ILCS 10/3.01) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 3.01. License or permit ; Department of Early Childhood. (a) No person, group of persons or corporation may operat e or conduct any child day care center, child day care home, or group child day care home without a license or permit issued by the Department of Early Childhood or without being approv ed by the Department of Early Childhood meeting the standards e stablished for such licensing, with the exception of fac ilities for whom standards are established by the Depa rtment of Corrections under Section 3-15- 2 of the Unified Code of Corrections and with the exception of facilities defined in Section 2.10 of this Act, and with the excepti on of programs or facilities licensed by the Department of Huma n Services under the Substance Use Disorder Act. (b) No part day child care facility as described in Secti on 2.10 may operate without written notification to the Department of Early Childhood or without complying with S ection 7.1. Notification shall include a notarized state ment by the facility that the facility complies with state or local health standards and state fire safety standards, and sha ll be filed with the Department every 2 years. (c) The Secretary of Early Childhood shall establish poli cies and coordinate activities relating to licensing of child day care centers , group child day care homes, and child day care homes. (d) Any fa cility or agency which is exempt from licensing may apply for licensing if licensing is required for some government benefit. (e) A provider of child da y care described in items (a) through (j) of Section 2.09 of this Act is exempt from li censure. The Department of Early Childhood shall provid e written verification of exemption and description of comp liance with standards for the health, safety, and dev elopment of the children who receive the services upon submission by the provider of, in addition to any other d ocumentation required by the Department of Early Childho od, a notarized statement that the facility complies with: (1) the standards of the Department of Public Health or local hea lth department, (2) the fire safety standards of the State Fi re Marshal, and (3) if operated in a public school building, the health and safety standards of the State Board of Educati on.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/3.8) Sec. 3.8. Licensed child day care centers; immigration enforcement. (a ) As used in this Section: "Immigrati on enforcement action" includes any arrests or detentions conducted by agents or officers of the United States Department of Homeland Security, United States Imm igration and Customs Enforcement, or United States Cus toms and Border Protection or any other individual or entity w ith the power to arrest or detain individuals or manage custo dy of detained individuals for the purposes of civil immigratio n enforcement. "Law enforcement agent" me ans an agent of federal, State, or local law enforcement authorized with the power to arr est or detain individuals, or manage the custody of detained individuals, for civil immigration enforcement. (b) A licensed child day care center shall not disclose or threaten to disclose to any other person, entity, or agen cy information regarding or relating to the actual or percei ved citizenship or immigration status of a child or an associ ated person, unless disclosure is required by State or federal law. Nothing in this Section shall be construed to prohibit or restrict an entity from sending to or receiving from the United States Department of Homeland Security or any othe r federal, State, or local governmental entity information regarding the citizenship or immigration status of an ind ividual under 8 U.S.C. 1373 and 8 U.S.C. 1644. (c) This Section does not affect a licensed chil d day care center's obligation as a mandated reporter or to otherwis e respond to instances of suspected crime on the premises. This Section does not prohibit licensed child day care centers from interacting with law enforcement agents for the purposes of hotline emergency calls or incidents arising out of manda ted reporting. (d) The Department of Child ren and Family Services or the Department of Early Childhood, whichever is applicable, s hall make available on its website resources for families, inc luding, but not limited to, resources regarding the co nstitutional rights of families, family preparedness pl ans, and a copy of the Department of Children and Family Servi ces' appointment of short-term guardian form (Form CFS 4 44-2 or its predecessor or successor form). (e) If a child's parent or guardian directly faces immigr ation enforcement action, a licensed child

day care center shall use the child's emergency contact informatio n and release the child to the persons designated as the child' s emergency contacts or into the custody of an individual w ho presents a properly executed appointment of short-t erm guardian form on behalf of the child. ( f) A licensed child day care center shall adopt policies by January 1, 2026 to comply with this Section and shall ensure that all staff members are trained on the adopted policie s. The policies shall not have the effect of excluding or di scouraging a child from any program at the licensed child day care center because of the child's or th e child's parent or guardian's actual or perceived immigration status shall r equire the following: (1) a written plan of action for interacting with l aw enforcement agents that shall be shared with a child's pa rent or guardian and includes the following: (A) designation of spaces deemed to be privat e within the facility; (B) designation of the licensed chil d day care center director or the center director's designee to serv e as the primary point of contact for interacting wit h law enforcement agents; and (C) procedures that a licensed child

day care center's primary point of contact shall follow to respond and review any request for entry by law enforceme nt, including judicial warrants, orders, and sub poenas; . (2) procedures for notifying and seeking written co nsent from a child's parents or guardian if a law enfor cement agent requests access to personally identifia ble information from the child's records, unless such access is in compliance with a judicial warrant or o rder or a subpoena that restricts the disclosure of the information to the child's parents or guardian; (3) families enrolled at the licensed chil d day care center to update their emergency contact list biannually; and (4) notification t o be given, within a reasonable t ime period, to parents or guardians and the Department if imm igration enforcement action occurs at the licensed child day care center or its environs. A licensed child day care center's late pick-up policy shall be updated to include the degree of diligence the l icensed child day care center will use to reach a child's emergency contacts, including the number of attempted pho ne calls to parents and emergency contacts and any requests for police assistance in finding a child's emergency contact.

(g) Failure to comply with subsection (b) of this Section shall result in a formal licensing violation. Failure to comply with any other provision of this Section may resul t in a licensing violation.(Source: P.A. 104-440, eff. 12-9-25; re vised 12-12-25.) (225 ILCS 10/4) (from Ch. 23, par. 22

14) (Text of Section before amendment by P.A. 103-594) Sec. 4. License requirement; application; notice. (a) Any person, group of persons or corporation who or wh ich receives children or arranges for care or placement of one or more children unrelated to the operator must apply for a license to operate one of the types of facilities defined in Sections 2.05 through 2.19 and in Section 2.22 of this Ac t. Any relative, as defined in Section 2.38 of this Act, who rec eives a child or children for placement by the Department on a full-time basis may apply for a license to operate a foster family home as defined in Section 2.17 of this Act or may apply to be a certified relative caregiver home as defined in S ection 2.37 of this Act. (a-5) A ny agency, person, group of persons, associa tion, organization, corporation, institution, center, or group providing adoption services must be licensed by the Depar tment as a child welfare agency as defined in Section 2.08 of t his Act. "Providing adoption services", as used in this Act, includes facilitating or engaging in adoption services. (b) Application for a license to operate a child care fac ility must be made to the Department in the manner and on forms prescribed by it. An application to operate a foste r family home shall include, at a minimum: a completed writ ten form; written authorization by the applicant and all adul t members of the applicant's household to conduct a crimina l background investigation; medical evidence in the form of a medical report, on forms prescribed by the Department, th at the applicant and all members of the household are free f rom communicable diseases or physical and mental conditions t hat affect their ability to provide care for the child or chi ldren; the names and addresses of at least 3 persons n ot related to the applicant who can attest to the applicant' s moral character; the name and address of at least one rel ative who can attest to the applicant's capability to care for the child or children; and fingerprints submitted by the appl icant and all adult members of the applicant's household. (b-5) Prior to submitting an application for a fost er family home license, a quality of care concerns applicant as defined in Section 2.22a of this Act must submit a prelim inary application to the Department in the manner and on forms prescribed by it. The Department shall explain to the qua lity of care concerns applicant the grounds for requiring a pr eliminary application. The preliminary application shal l include a list of (i) all children placed in the home by the Department who were removed by the Department for reasons other than returning to a parent and the circumstances un der which they were removed and (ii) all children placed by t he Department who were subsequently adopted by or placed in the private guardianship of the quality of care concerns appl icant who are currently under 18 and who no longer reside in th e home and the reasons why they no longer reside in the home. Th e preliminary application shall also include, if the qualit y of care concerns applicant chooses to submit, (1) a response to the quality of care concerns, including any reason the co ncerns are invalid, have been addressed or ameliorated, or no longer apply and (2) affirmative documentation demonst rating that the quality of care concerns applicant 's home does not pose a risk to children and that the family will be able to meet the physical and emotional needs of child ren. The Department shall verify the information in the prelim inary application and review (i) information regarding any prio r licensing complaints, (ii) information regarding any prio r child abuse or neglect investigations, (iii) information regarding any involuntary foster home holds placed on the home by the Department, and (iv) information regarding all chi ld exit interviews, as provided in Section 5.26 of the Child ren and Family Services Act, regarding the home. Foster home applicants with quality of care concerns are presumed uns uitable for future licensure. Notwit hstanding the provisions of this subsection (b-5), the Department may make an exception and issue a foster f amily license to a quality of care concerns applicant if the De partment is satisfied that the foster family home does not pose a risk to children and that the foster family will b e able to meet the physical and emotional needs of children. In making this determination, the Department must obtain and carefully review all relevant documents and shall obtain consultation from its Clinical Division as appropriate an d as prescribed by Department rule and procedure. The Departme nt has the authority to deny a preliminary application based on the record of quality of care concerns of the foster fami ly home. In the alternative, the Department may (i) approve the preliminary application, (ii) approve the preliminary app lication subject to obtaining additional information o r assessments, or (iii) approve the preliminary application for purposes of placing a particular child or children only i n the foster family home. If the Department approves a prelimin ary application, the foster family shall submit an applicatio n for licensure as described in subsection (b) of this Section. The Department shall notify the quality of care concerns appl icant of its decision and the basis for its decision in writing . (c) The Department shall notify the public when a child c are institution, maternity center, or group home license d by the Department undergoes a change in (i) the range of car e or services offered at the facility or (ii) the type of chil dren served. The Department shall notify the public of the cha nge in a newspaper of general circulation in the county or mu nicipality in which the applicant's facility is or is p roposed to be located. (c-5) Whe n a child care institution, maternity cent er, or a group home licensed by the Department undergoes a chang e in (i) the age of children served or (ii) the area within th e facility used by children, the Department shall post info rmation regarding proposed changes on its website as required by rule. (d) If, upon examina tion of the facility and investigatio n of persons responsible for care of children and, in the c ase of a foster home, taking into account information obtained f or purposes of evaluating a preliminary application, if appl icable, the Department is satisfied that the facility and responsible persons reasonably meet standards prescribed for the type of facility for which application is made, it sh all issue a license in proper form, designating on that licen se the type of child care facility and, except for a child w elfare agency, the number of children to be served at any one ti me. (e) The Department shall not issue or renew the license o f any child welfare agency providing adoption services, unl ess the agency (i) is officially recognized by the United Sta tes Internal Revenue Service as a tax-exempt organizati on described in Section 501(c)(3) of the Internal Revenue Co de of 1986 (or any successor provision of federal tax law) and (ii) is in compliance with all of the standards necessary to m aintain its status as an organization described in Secti on 501(c)(3) of the Internal Revenue Code of 1986 (or any su ccessor provision of federal tax law). The Department s hall grant a grace period of 24 months from August 15, 2005 (t he effective date of Public Act 94-586) for existing c hild welfare agencies providing adoption services to obtain 50 1(c)(3) status. The Department shall permit an existing child welfare agency that converts from its current struc ture in order to be recognized as a 501(c)(3) organization as required by this Section to either retain its current lic ense or transfer its current license to a newly formed entity, if the creation of a new entity is required in order to comp ly with this Section, provided that the child welfare agency demonstrates that it continues to meet all other licensin g requirements and that the principal officers and director s and programs of the converted child welfare agency or newly o rganized child welfare agency are substantially the same as the original. The Department shall have the sole discreti on to grant a one-year extension to any agency unable to obtain 501(c)(3) status within the timeframe specified in this s ubsection (e), provided that such agency has filed an ap plication for 501(c)(3) status with the Internal Revenu e Service within the 2-year timeframe specified in th is subsection (e). (f) The Department sha ll adopt rules to implement the cha nges to this Section made by Public Act 103-770 no later than January 1, 2025. (Source: P.A. 103-770, eff. 1-1-25; 103 -1061, eff. 7-1-25; 104-417, eff. 8-15-25.) (Text of Section after amendment by P.A. 103-594) Sec. 4. License requirement; application; notice; Department of Children and Family Services. (a) Any person, group of persons or corporation who or wh ich receives children or arranges for care or placement of one or more children unrelated to the operator must apply for a license to operate one of the types of facilities defined in Sections 2.05 through 2.19 (other than a child day care center or child day care home) and in Section 2.22 of this Act. Any relative, as defined in Section 2.38 of this Act, who rec eives a child or children for placement by the Department on a full-time basis may apply for a license to operate a foster family home as defined in Section 2.17 of this Act or may apply to be a certified relative caregiver home as defined in S ection 2.37 of this Act. (a-5) A ny agency, person, group of persons, associa tion, organization, corporation, institution, center, or group providing adoption services must be licensed by the Depar tment as a child welfare agency as defined in Section 2.08 of t his Act. "Providing adoption services", as used in this Act, includes facilitating or engaging in adoption services. (b) Application for a license to operate a child care fac ility (other than a child day care center, child day care home, or group child day care home) must be made to the Department in the manner and on forms prescribed by it. A n application to operate a foster family home shall include , at a minimum: a completed written form; written authorizatio n by the applicant and all adult members of the applicant's ho usehold to conduct a criminal background investigation; medical evidence in the form of a medical report, on form s prescribed by the Department, that the applicant and all members of the household are free from communicable disea ses or physical and mental conditions that affect their abili ty to provide care for the child or children; the names and add resses of at least 3 persons not related to the applic ant who can attest to the applicant's moral character; the na me and address of at least one relative who can attest to th e applicant's capability to care for the child or children; and fingerprints submitted by the applicant and all adult mem bers of the applicant's household. (b- 5) Prior to submitting an application for a fost er family home license, a quality of care concerns applicant as defined in Section 2.22a of this Act must submit a prelim inary application to the Department in the manner and on forms prescribed by it. The Department shall explain to the qua lity of care concerns applicant the grounds for requiring a pr eliminary application. The preliminary application shal l include a list of (i) all children placed in the home by the Department who were removed by the Department for reasons other than returning to a parent and the circumstances un der which they were removed and (ii) all children placed by t he Department who were subsequently adopted by or placed in the private guardianship of the quality of care concerns appl icant who are currently under 18 and who no longer reside in th e home and the reasons why they no longer reside in the home. Th e preliminary application shall also include, if the qualit y of care concerns applicant chooses to submit, (1) a response to the quality of care concerns, including any reason the co ncerns are invalid, have been addressed or ameliorated, or no longer apply and (2) affirmative documentation demonst rating that the quality of care concerns applicant 's home does not pose a risk to children and that the family will be able to meet the physical and emotional needs of child ren. The Department shall verify the information in the prelim inary application and review (i) information regarding any prio r licensing complaints, (ii) information regarding any prio r child abuse or neglect investigations, (iii) information regarding any involuntary foster home holds placed on the home by the Department, and (iv) information regarding all chi ld exit interviews, as provided in Section 5.26 of the Child ren and Family Services Act, regarding the home. Foster home applicants with quality of care concerns are presumed uns uitable for future licensure. Notwit hstanding the provisions of this subsection (b-5), the Department may make an exception and issue a foster f amily license to a quality of care concerns applicant if the De partment is satisfied that the foster family home does not pose a risk to children and that the foster family will b e able to meet the physical and emotional needs of children. In making this determination, the Department must obtain and carefully review all relevant documents and shall obtain consultation from its Clinical Division as appropriate an d as prescribed by Department rule and procedure. The Departme nt has the authority to deny a preliminary application based on the record of quality of care concerns of the foster fami ly home. In the alternative, the Department may (i) approve the preliminary application, (ii) approve the preliminary app lication subject to obtaining additional information o r assessments, or (iii) approve the preliminary application for purposes of placing a particular child or children only i n the foster family home. If the Department approves a prelimin ary application, the foster family shall submit an applicatio n for licensure as described in subsection (b) of this Section. The Department shall notify the quality of care concerns appl icant of its decision and the basis for its decision in writing . (c) The Department shall notify the public when a child c are institution, maternity center, or group home license d by the Department undergoes a change in (i) the range of car e or services offered at the facility or (ii) the type of chil dren served. The Department shall notify the public of the cha nge in a newspaper of general circulation in the county or mu nicipality in which the applicant's facility is or is p roposed to be located. (c-5) Whe n a child care institution, maternity cent er, or a group home licensed by the Department undergoes a chang e in (i) the age of children served or (ii) the area within th e facility used by children, the Department shall post info rmation regarding proposed changes on its website as required by rule. (d) If, upon examina tion of the facility and investigatio n of persons responsible for care of children and, in the c ase of a foster home, taking into account information obtained f or purposes of evaluating a preliminary application, if appl icable, the Department is satisfied that the facility and responsible persons reasonably meet standards prescribed for the type of facility for which application is made, it sh all issue a license in proper form, designating on that licen se the type of child care facility and, except for a child w elfare agency, the number of children to be served at any one ti me. (e) The Department shall not issue or renew the license o f any child welfare agency providing adoption services, unl ess the agency (i) is officially recognized by the United Sta tes Internal Revenue Service as a tax-exempt organizati on described in Section 501(c)(3) of the Internal Revenue Co de of 1986 (or any successor provision of federal tax law) and (ii) is in compliance with all of the standards necessary to m aintain its status as an organization described in Secti on 501(c)(3) of the Internal Revenue Code of 1986 (or any su ccessor provision of federal tax law). The Department s hall grant a grace period of 24 months from August 15, 2005 (t he effective date of Public Act 94-586) for existing c hild welfare agencies providing adoption services to obtain 50 1(c)(3) status. The Department shall permit an existing child welfare agency that converts from its current struc ture in order to be recognized as a 501(c)(3) organization as required by this Section to either retain its current lic ense or transfer its current license to a newly formed entity, if the creation of a new entity is required in order to comp ly with this Section, provided that the child welfare agency demonstrates that it continues to meet all other licensin g requirements and that the principal officers and director s and programs of the converted child welfare agency or newly o rganized child welfare agency are substantially the same as the original. The Department shall have the sole discreti on to grant a one-year extension to any agency unable to obtain 501(c)(3) status within the timeframe specified in this s ubsection (e), provided that such agency has filed an ap plication for 501(c)(3) status with the Internal Revenu e Service within the 2-year timeframe specified in th is subsection (e). (f) The Department sha ll adopt rules to implement the cha nges to this Section made by Public Act 103-770 no later than January 1, 2025. (Source: P.A. 103-594, eff. 7-1-26; 103 -770, eff. 1-1-25; 103-1061, eff. 7-1-25; 104-417, e ff. 8-15-25.) (225 ILCS 10/4.01) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 4.01. License requireme nt; application; notice; Department of Early Childhood. (a) Any person, group of persons or corporation who or wh ich receives children or arranges for care of one or mo re children unrelated to the operator must apply for a licen se to operate one of the types of facilities defined in Section s 2.09, 2.18, and 2.20. (b) Application f or a license to operate a child

day care center, child day care home, or group child day care home must be made to the Department of Early Childhood in the manne r and on forms prescribed by it. (c) If, upon examination of the facility and investigatio n of persons responsible for care of children, the Departme nt of Early Childhood is satisfied that the facility and respon sible persons reasonably meet standards prescribed for the type of facility for which application is made, it shall issue a license in proper form, designating on that license the t ype of child care facility and the number of children to be s erved at any one time.(Source: P.A. 103-59 4, eff. 7-1-26.) (225 ILCS 10/4.1) (from Ch. 23, par.

2214.1) (Text of Section before amendment by P.A. 103-594) Sec. 4.1. Criminal backgroun d investigations. (a) In this Section, "third-party vendor" means a t hird-party fingerprinting vendor who is licensed b y the Department of Financial and Professional Regulation and r egulated by 68 Ill. Adm. Code 1240.600. (b) The Department shall require that each child care fac ility license applicant as part of the application pro cess, and each employee and volunteer of a child care facility or non-licensed service provider, as a condition of em ployment, authorize an investigation to determine if such applicant , employee, or volunteer has ever been charged with a crime and if so, the disposition of those charges; this authorizati on shall indicate the scope of the inquiry and the agencies which may be contacted. An employee or volunteer of a day care center, day care home, or group day care home shall autho rize an investigation every 5 years, as required under the Chi ld Care and Development Block Grant. A child care facility, non-licensed service provider, day care center, gro up day care home, or day care home may authorize the Department or a third-party vendor to collect fingerprints for the investigation. If a third-party vendor is used for fingerprinting, then the child care facility, non-l icensed service provider, day care center, group day care home, o r day care home shall pay the third-party vendor for that service directly. If a child care facility, non-licensed se rvice provider, day care center, group day care home, or day ca re home authorizes the Department or a third-party ven dor to collect fingerprints for the investigation, the Director shall request and receive information and assistance from any f ederal, State, or local governmental agency as part of t he authorized investigation. Each applicant, employee, or vo lunteer of a child care facility or non-licensed service provider shall submit the applicant's, employee's, or vol unteer's fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint rec ords now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee f or conducting the criminal history records check, which shal l be deposited into in the State Police Services Fund and shall not exceed the actual cost of the records check. The Illinois State Police shall provide information concerning any cri minal charges, and their disposition, now or hereafter filed, a gainst an applicant, employee, or volunteer of a child c are facility or non-licensed service provider upon requ est of the Department of Children and Family Services when the reque st is made in the form and manner required by the Illinois Stat e Police. Information concerning convicti ons of a license applicant , employee, or volunteer of a child care facility or non-licensed service provider investigated under th is Section, including the source of the information and any conclusio ns or recommendations derived from the information, shall be pr ovided, upon request, to such applicant, employee, or v olunteer of a child care facility or non-licensed service provider prior to final action by the Department on the a pplication. State conviction information provided by the Illinois State Police regarding employees, prospective em ployees, or volunteers of non-licensed service pr oviders and child care facilities licensed under this Act shall be pr ovided to the operator of such facility, and, upon requ est, to the employee, prospective employee, or volunteer of a child care facility or non-licensed service provider. Any information concerning criminal charges and the dispositi on of such charges obtained by the Department shall be confiden tial and may not be transmitted outside the Department, except as required herein, and may not be transmitted to anyone wit hin the Department except as needed for the purpose of evalua ting an application or an employee or volunteer of a child car e facility or non-licensed service provider. Only inf ormation and standards which bear a reasonable and rational relati on to the performance of a child care facility shall be used by the Department or any licensee. Any employee of the Departmen t of Children and Family Services, Illinois State Police, or a child care facility receiving confidential information un der this Section who gives or causes to be given any confiden tial information concerning any criminal convictions of an app licant, employee, or volunteer of a child care facilit y or non-licensed service provider, shall be guilty of a Class A misdemeanor unless release of such information is authori zed by this Section. The Department of Chil dren and Family Services, through J une 30, 2026, or the Department of Early Childhood, on a nd after July 1, 2026, shall allow day care centers, day car e homes, and group day care homes to hire, on a probationar y basis, any employee or volunteer authorizing a criminal b ackground investigation under this Section after receivi ng a qualifying result, as determined by the Department of Chi ldren and Family Services or the Department of Early Childhood, whichever is applicable, pursuant to this Act, from eithe r: (1) the Federal Bureau of Investigation fingerprint criminal background check; or (2) the Illinois State Police fingerprint criminal background check and a criminal record check of the crimi nal repository of each state in which the employee o r volunteer resided during the preceding 5 years. Pending full clearance of all background check requiremen ts, the prospective employee or volunteer must be supervised at all times by an individual who received a q ualifying result on all background check components. Emp loyees and volunteers of a day care center, day care h ome, or group day care home shall be notified prior to hiring that such employment may be terminated on the basis of crimina l background information obtained by the facility.(Source: P.A. 103-22, eff. 8-8-23; 103-1072, eff. 1-1-26; 104-307, eff. 1-1-26; revised 10- 27-25.) (Text of Section after amendment by P.A. 103-594) Sec. 4.1. Criminal backgroun d investigations. (a) In this Section, "third-party vendor" means a t hird-party fingerprinting vendor who is licensed b y the Department of Financial and Professional Regulation and r egulated by 68 Ill. Adm. Code 1240.600. (b) Except as provided in Section 3, the The Department of Children and Family Services or the Department of Early C hildhood shall require that each child care pro vider facility license applicant under the agencies' respective authorit y as part of the application process, and each employee and vo lunteer of a child care center, child care hom e, or group child care home facility or non-licensed service provider, as a condition of employment, authorize an investigation to determine if such applicant, employee, or volunteer has e ver been charged with a crime and if so, the disposition of t hose charges; this authorization shall indicate the scope of t he inquiry and the agencies which may be contacted. An emplo yee or volunteer of a child da y care center, child day care home, or group child day care home shall authorize an investigation every 5 years, as required under the Child Care and Devel opment Block Grant. A child care facility, non-licensed service provider, child da y care center, group child day care home, or child day care home may authorize the Department of Children and Family Services, the Department of Early Chi ldhood, or a third-party vendor to col lect fingerprints for the investigation. If a third-party vendor is used for fingerprinting, then the child care facility, non-l icensed service provider, child da y care center, group child day care home, or child day care home shall pay the third-party vendor for that service directly. If a child care facility, non-licensed service provider, child day care center, group child day care home, o r child day care home authorizes the Department of Children and Family Services, the Department of Early Childhood, or a third-party vendor to collect fingerprints for the investigation, the Secretar y of Children and Family Services or the Secretary of Early Childhood Director shall request and receive informati on and assistance from any federal, State, or local governmental agency as part of the authorized investigation. Each applicant, employee , or volunteer of a child care facility or non-licensed service provider shall submit the applicant's, emplo yee's, or volunteer's fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint rec ords now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee f or conducting the criminal history records check, which shal l be deposited into in the State Police Services Fund and shall not exceed the actual cost of the records check. The Illinois State Police shall provide information concerning any cri minal charges, and their disposition, now or hereafter filed, a gainst an applicant, employee, or volunteer of a child c are center, child care home, or group child care home facility or non-licensed service provider upon req uest of the Department of Children and Family Services or the Depar tment of Early Childhood when the request is made in the form and manner required by the Illinois State Police.

Information concerning convictions of a license applicant , employee, or volunteer of a child care center, c hild care home, or group child care home faci lity or non-licensed service provider investigated under this Sec tion, including the source of the information and any conclusions or reco mmendations derived from the information, shall be pr ovided, upon request, to such applicant, employee, or v olunteer of a child care center, child care hom e, or group child care home facility or non-licensed service provider prior to final action by the Department of Ch ildren and Family Services or the Department of Early Childhoo d under the agencies' respective authority on the application. State conviction information provided by the Illinois State Pol ice regarding employees, prospective employees, or volunteers of non-licensed service providers and chi ld care center, child care home, or group child care home facilities licensed under this Act shall be provided to the operator of such facility, and, upon request, to the employee, prospect ive employee, or volunteer of a child care center, child care hom e, or group child care home facility or non-licensed service provider. Any information concerning criminal charges and the dispositi on of such charges obtained by the Department of Ch ildren and Family Services or the Department of Early Childhoo d shall be confidential and may not be transmitted outside the Department of Children and Family Services or the Depar tment of Early Childhood, except as required herein, and may not be tran smitted to anyone within the Department o f Children and Family Services or the Department of Early C hildhood except as needed for the purpose of evaluating an application or an employee or volunteer of a child care center, ch ild care home, or group child care home facility o r non-licensed service provider. Only information and standards whi ch bear a reasonable and rational relation to the performance of a child care facility shall be used by t he Department of Children and Family Services or the Department of Early Childhood or any licensee. Any employee of the De partment of Children and Family Services, Department of Early Childho od, Illinois State Police, or a child care center, child care home, or group child care home facility rec eiving confidential information under this Section who gives or causes to be given any confiden tial information concerning any criminal convictions of an app licant, employee, or volunteer of a child care center, child care home, or group child care home facility or non-licensed service provider, shall b e guilty of a Class A misdemeanor unless release of such information is authori zed by this Section. Effective Jul y 1, 2026, the authority and respon sibility to conduct a fingerprint-based criminal history che ck for child care center providers under Section 2.09, part day child care facility providers under Section 2.10, child care ho me providers under Section 2.18, and group child care home p roviders under Section 2.20 shall transfer to the Depart ment of Early Childhood pursuant to Section 80-5 of the Department of Early Childhood Act. The Department of Children and Family Service s, through June 30, 2026, or the Department of Early Ch ildhood, on and after July 1, 2026, shall allow child day care centers, child day care homes, and group child day care homes to hire, on a probationary basis, any employee or volunteer authorizing a criminal background investigation under this Section afte r receiving a qualifying result, as determined by the Department of Children and Family Services or the Depar tment of Early Childhood, whichever is applicable, pursuant to this Act, from either: (1) the Feder al Bureau of Investigation fingerprint criminal background check; or (2) the Illinois State Police fingerprint criminal background check and a criminal record check of the crimi nal repository of each state in which the employee o r volunteer resided during the preceding 5 years. Pending full clearance of all background check requiremen ts, the prospective employee or volunteer must be supervised at all times by an individual who received a q ualifying result on all background check components. Emp loyees and volunteers of a child day care center, child day care home, or group child day care home shall be notified prior to hiring that such employment may be terminated on the b asis of criminal background information obtained by the facili ty.(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26; 103-1072, eff. 1-1-26; 104-307, e ff. 1-1-26; revised 10-27-25.) (225 ILCS 10/4.2) (from Ch. 23, par.

2214.2) Sec. 4.2. (a) No appl icant may receive a license from the Department and no person may be employed by a licensed ch ild care facility who refuses to authorize an investigation a s required by Section 4.1. (b) In additio n to the other provisions of this Section, no applicant may receive a license from the Department an d no person may be employed by a child care facility licensed by the Department who has been declared a sexually dangerous per son under the Sexually Dangerous Persons Act, or convicted of committing or attempting to commit any of the following o ffenses stipulated under the Criminal Code of 1961 or th e Criminal Code of 2012: (1) murder; (1.1 ) solicitation of murder; (1.2) solicitation of murder for hire; (1.3) intentional homicide of an unborn child; (1.4) voluntary manslaughter of an unborn child; (1.5) involuntary manslaughter; (1.6) reckless homicide; (1.7) concealment of a homicidal death; (1.8) involuntary manslaughter of an unborn child; (1.9) reckless homicide of an unborn child; (1.10) drug-induced homicide; (2) a sex offense under Article 11, except offenses described in Sections 11-7, 11-8, 11-12 , 11-13, 11-35, 11-40, and 11-45; (3) kidnapping;

(3.1) aggravated unlawful restraint; (3.2) forcible detention; (3.3) harboring a runaway; (3.4) aiding and abetting child abduction; (4) aggravated kidnapping; (5) child abduction; (6) aggravated battery of a child as described in S ection 12-4.3 or subdivision (b)(1) of Section 12-3.05; (7) criminal sexual assault; (8) aggravated criminal sexual assault; (8.1) predatory criminal sexual assault of a child;

(9) criminal sexual abuse; (10) aggravated sexual abuse; (11) heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05; (12) aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3 ), or (e)(4) of Section 12-3.05; (13) tampering with food, drugs, or cosmetics; (14) drug induced infliction of great bodily harm a s described in Section 12-4.7 or subdivision (g)(1) o f Section 12-3.05; (15) hate crime; (16) stalking; ( 17) aggravated stalking; (18) threatening public officials; (19) home invasion; (20) vehicular invasion; (21) criminal transmission of HIV; (22) criminal abuse or neglect of an elderly person or person with a disability as described in Section 12-21 or subsection (e) of Section 12-4.4a; (23) child abandonment; (24) endangering the life or health of a child; (25) ritual mutilation; (26) ritualized abuse of a child; (27) an offense in any other jurisdiction the eleme nts of which are similar and bear a substantial relationship to any of the foregoing offenses. (b-1) In addition to the other provisions of this S ection, beginning January 1, 2004, no new applicant and, on the d ate of licensure renewal, no current licensee may operate or rec eive a license from the Department to operate, no person may b e employed by, and no adult person may reside in a child ca re facility licensed by the Department who has been convicte d of committing or attempting to commit any of the following o ffenses or an offense in any other jurisdiction the elem ents of which are similar and bear a substantial relationship to any of the following offenses: (I) BODILY HARM (1) Felony aggravated assault. (2) Vehicular endangerment.

(3) Felony domestic battery. (4) Aggravated battery. (5) Heinous battery. (6) Aggravated battery with a firearm. (7) Aggravated battery of an unborn child. (8) Aggravated battery of a senior citizen. (9) Intimidation. (10) Compelling organization membership of persons.

(11) Abuse and criminal neglect of a long term care facility resident. (12 ) Felony violation of an order of protection. (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENC

Y (1) Felony unlawful possession of weapons. (2) Aggravated discharge of a firearm. (3) Reckless discharge of a firearm. (4) Unlawful use of metal piercing bullets. (5) Unlawful sale or delivery of firearms on the pr emises of any school. (6) Disarming a police officer. (7) Obstructing justice. (8) Concealing or aiding a fugitive. (9) Armed violence. (10) Felony contributing to the criminal delinquenc y of a juvenile. (III) DRUG OF

FENSES (1) Possession of more than 30 grams of cannabis. (2) Manufacture of more than 10 grams of cannabis. (3) Cannabis trafficking. (4) Delivery of cannabis on school grounds. (5) Unauthorized production of more than 5 cannabis sativa plants. (6) Cal culated criminal cannabis conspiracy.

(7) Unauthorized manufacture or delivery of control led substances. (8) Contro lled substance trafficking. (9) Manufacture, distribution, or advertisement of look-alike substances. (10) Calculated criminal drug conspiracy. (11) Street gang criminal drug conspiracy. (12) Permitting unlawful use of a building. (13) Delivery of controlled, counterfeit, or look-alike substances to persons under age 18, or a t truck stops, rest stops, or safety rest areas, or on school pro perty. (14) Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look-alike subs tances. (15) Delivery of controlled substances. (16) Sale or delivery of drug paraphernalia.

(17) Felony possession, sale, or exchange of instru ments adapted for use of a controlled substance, me thamphetamine, or cannabis by subcutaneous injection. (18) Felony possession of a controlled substance. (19) Any violation of the Methamphetamine Control a nd Community Protection Act. (b-1.5 ) In addition to any other provision of this Section, for applicants with access to confidential finan cial information or who submit documentation to support billin g, the Department may, in its discretion, deny or refuse to renew a license to an applicant who has been convicted of commi tting or attempting to commit any of the following felony offen ses: (1) financial institution fraud under Section 17-10.6 of the Criminal Code of 1961 or the Criminal Code of 2012 ; (2) identity theft under Section 16-30 of the Criminal Code of 1961 or the Criminal Code of 2012; (3) financial exploitation of an elderly person or a person with a disability under Section 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012; (4) computer tampering under Section 17-51 of the Criminal Code of 1961 or the Criminal Code of 2012; (5) aggravated computer tampering under Section 17-52 of the Criminal Code of 1961 or the Criminal Code of 2012 ; (6) computer fraud under Section 17-50 of the Criminal Code of 1961 or the Criminal Code of 2012; (7) deceptive practices under Section 17-1 of the Criminal Code of 1961 or the Criminal Code of 2012; (8) forgery under Section 17-3 of the Crimina l Code of 1961 or the Criminal Code of 2012; (9) State benefits fraud under Section 17-6 o f the Criminal Code of 1961 or the Criminal Code of 2012; (10) mail fraud and wire fraud under Section 17-24 of the Criminal Code of 1961 or the Criminal Code of 2012; (11) theft under paragraphs (1.1) through (11) of s ubsection (b) of Section 16-1 of the Criminal Code of 1961 or the Criminal Code of 2012. (b-2) Notwithstanding subsection (b-1), the D epartment may make an exception and, for child care facilities other th an foster family homes, issue a new child care facility lice nse to or renew the existing child care facility license of a n applicant, a person employed by a child care facility, or an applicant who has an adult residing in a home child care facility who was convicted of an offense described in sub section (b-1), provided that all of the followin g requirements are met:

(1) The relevant criminal offense occurred more tha n 5 years prior to the date of application or renewal, except for drug offenses. The relevant drug offense must have oc curred more than 10 years prior to the date of applicat ion or renewal, unless the applicant passed a dru g test, arranged and paid for by the child care facility, n o less than 5 years after the offense. (2) The Department must conduct a background check and assess all convictions and recommendations of the child c are facility to determine if hiring or licensing the app licant is in accordance with Department administrative rules and procedures.

(3) The applicant meets all other requirements and qualifications to be licensed as the pertinent type of ch ild care facility under this Act and the Department's a dministrative rules. (c) In addition t o the other provisions of this Section, no applicant may receive a license from the Department to operate a foster family home, and no adult person may res ide in a foster family home licensed by the Department, who has been convicted of committing or attempting to commit any of th e following offenses stipulated under the Criminal Code of 1961, the Criminal Code of 2012, the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, and the Illinois Controlled Substances Act: (I) OFFENSES DIRECTED AGAINST THE PERSON (A) KIDNAPPING AND RELATED OFFENSES (1) Unlawful restraint. (B) BODILY HARM (2) Fe lony aggravated assault. (3) Vehicular endangerment.

(4) Felony domestic battery. (5) Aggravated battery. (6) Heinous battery. (7) Aggravated battery with a firearm. (8) Aggravated battery of an unborn child. (9) Aggravated battery of a senior citizen. (10) Intimidation. (11) Compelling organization membership of persons.

(12) Abuse and criminal neglect of a long term care facility resident. (13 ) Felony violation of an order of protection. (II) OFFENSES DIRECTED AGAINST PROPERTY (14) Felony theft. (15) Robbery. (1 6) Armed robbery. (17) Aggravated robbery. (18) Vehicular hijacking. (19) Aggravated vehicular hijacking. (20) Burglary. ( 21) Possession of burglary tools. (22) Residential burglary. (23) Criminal fortification of a residence or build ing. (24) Arson. (25) Aggravated arson. (26) Possession of explosive or explosive incendiar y devices. (III) OFFENSES AFFE

CTING PUBLIC HEALTH, SAFETY, AND DECEN

CY (27) Felony unlawful possession of weapons. (28) Aggravated discharge of a firearm. (29) Reckless discharge of a firearm. (30) Unlawful use of metal piercing bullets.

(31) Unlawful sale or delivery of firearms on the p remises of any school. (32) Disarming a police officer. (33) Obstructing justice. (34) Concealing or aiding a fugitive. (35) Armed violence. (36) Felony contributing to the criminal delinquenc y of a juvenile. (IV) DRUG OFF

ENSES (37) Possession of more than 30 grams of cannabis. (38) Manufacture of more than 10 grams of cannabis.

(39) Cannabis trafficking. (40) Delivery of cannabis on school grounds.

(41) Unauthorized production of more than 5 cannabi s sativa plants. (42) Ca lculated criminal cannabis conspiracy. (43) Unauthorized manufacture or delivery of contro lled substances. (44) Controlled substance trafficking. (45) Manufacture, distribution, or advertisement of look-alike substances. (46) Calculated criminal drug conspiracy. (46.5) Streetgang criminal drug conspiracy. (47) Permitting unlawful use of a building. (48) Delivery of controlled, counterfeit, or look-alike substances to persons under age 18, or a t truck stops, rest stops, or safety rest areas, or on school pro perty. (49) Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look-alike subs tances. (50) Delivery of controlled substances. (51) Sale or delivery of drug paraphernalia.

(52) Felony possession, sale, or exchange of instru ments adapted for use of a controlled substance, me thamphetamine, or cannabis by subcutaneous injection. (53) Any violation of the Methamphetamine Control a nd Community Protection Act. (d) Notwiths tanding subsection (c), the Department may ma ke an exception and issue a new foster family home lice nse or may renew an existing foster family home license of an ap plicant who was convicted of an offense described in su bsection (c), provided all of the following requirement s are met: (1) The relevant criminal offense or offenses occur red more than 10 years prior to the date of application or re newal. (2) The appli cant had previously disclosed the conv iction or convictions to the Department for purposes of a background check. (3) After the disclosure, the Department either pla ced a child in the home or the foster family home license was issued. (4) During the background check, the Department had assessed and waived the conviction in compliance with the existing statutes and rules in effect at the time of the hire or licensure. (5) The applicant meets all other requirements and qualifications to be licensed as a foster family home und er this Act and the Department's administrative rules.

(6) The applicant has a history of providing a safe , stable home environment and appears able to continue to p rovide a safe, stable home environment. (e) In evaluating the exception pursuant to subsections ( b-2) and (d), the Department must carefully review any relevant documents to determine whether the applicant, de spite the disqualifying convictions, poses a substantial risk t o State resources or clients. In making such a determinatio n, the following guidelines shall be used: (1) the age of the applicant when the offense was c ommitted; (2) the cir cumstances surrounding the offense; (3) the length of time since the conviction;

(4) the specific duties and responsibilities necess arily related to the license being applied for and the bearing, if any, that the applicant's conviction hist ory may have on the applicant's fitness to perform th ese duties and responsibilities; (5) the applicant's employment references; (6) the applicant's character references and any ce rtificates of achievement; (7) an academic transcript showing educational atta inment since the disqualifying conviction; (8) a Certificate of Relief from Disabilities or Ce rtificate of Good Conduct; and (9) anything else that speaks to the applicant's ch aracter. (Source: P.A. 103-22, eff . 8-8-23; 103-822, eff. 1-1-25.) (225 ILCS 10/4.2a) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 4.2a. License eligibili ty; Department of Early Childhood. (a) No appl icant may receive a license from the Departmen t of Early Childhood and no person may be employed by a lic ensed child care facility who refuses to authorize an investiga tion as required by Section 4.1. (b) In addi tion to the other provisions of this Section, no applicant may receive a license from the Department of Early Childhood and no person may be employed by a child care facility licensed by the Department of Early Childhood wh o has been declared a sexually dangerous person under the Sexua lly Dangerous Persons Act, or convicted of committing or atte mpting to commit any of the following offenses stipul ated under the Criminal Code of 1961 or the Criminal Code of 2 012: (1) murder; (1.1 ) solicitation of murder; (1.2) solicitation of murder for hire; (1.3) intentional homicide of an unborn child; (1.4) voluntary manslaughter of an unborn child; (1.5) involuntary manslaughter; (1.6) reckless homicide; (1.7) concealment of a homicidal death; (1.8) involuntary manslaughter of an unborn child; (1.9) reckless homicide of an unborn child; (1.10) drug-induced homicide; (2) a sex offense under Article 11, except offenses described in Sections 11-7, 11-8, 11-12 , 11-13, 11-35, 11-40, and 11-45; (3) kidnapping;

(3.1) aggravated unlawful restraint; (3.2) forcible detention; (3.3) harboring a runaway; (3.4) aiding and abetting child abduction; (4) aggravated kidnapping; (5) child abduction; (6) aggravated battery of a child as described in S ection 12-4.3 or subdivision (b)(1) of Section 12-3.05; (7) criminal sexual assault; (8) aggravated criminal sexual assault; (8.1) predatory criminal sexual assault of a child;

(9) criminal sexual abuse; (10) aggravated sexual abuse; (11) heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05; (12) aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3 ), or (e)(4) of Section 12-3.05; (13) tampering with food, drugs, or cosmetics; (14) drug induced infliction of great bodily harm a s described in Section 12-4.7 or subdivision (g)(1) o f Section 12-3.05; (15) hate crime; (16) stalking; ( 17) aggravated stalking; (18) threatening public officials; (19) home invasion; (20) vehicular invasion; (21) criminal transmission of HIV; (22) criminal abuse or neglect of an elderly person or person with a disability as described in Section 12-21 or subsection (e) of Section 12-4.4a; (23) child abandonment; (24) endangering the life or health of a child; (25) ritual mutilation; (26) ritualized abuse of a child; (27) an offense in any other jurisdiction the eleme nts of which are similar and bear a substantial relationship to any of the foregoing offenses. (b-1) In addition to the other provisions of this S ection, beginning January 1, 2004, no new applicant and, on the d ate of licensure renewal, no current licensee may operate or rec eive a license from the Department of Early Childhood to opera te, no person may be employed by, and no adult person may res ide in a child care facility licensed by the Department of Early Childhood who has been convicted of committing or attempt ing to commit any of the following offenses or an offense in any other jurisdiction the elements of which are similar and bear a substantial relationship to any of the following offens es: (I) BODILY HARM (1) Fe lony aggravated assault. (2) Vehicular endangerment.

(3) Felony domestic battery. (4) Aggravated battery. (5) Heinous battery. (6) Aggravated battery with a firearm. (7) Aggravated battery of an unborn child. (8) Aggravated battery of a senior citizen. (9) Intimidation. (10) Compelling organization membership of persons.

(11) Abuse and criminal neglect of a long term care facility resident. (12 ) Felony violation of an order of protection. (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENC Y (1) Felony unlawful use of weapons. (2) Aggravated discharge of a firearm. (3) Reckless discharge of a firearm. (4) Unlawful use of metal piercing bullets. (5) Unlawful sale or delivery of firearms on the pr emises of any school. (6) Disarming a police officer. (7) Obstructing justice. (8) Concealing or aiding a fugitive. (9) Armed violence. (10) Felony contributing to the criminal delinquenc y of a juvenile. (III) DRUG OF FENSES (1 ) Possession of more than 30 grams of cannabis. (2) Manufacture of more than 10 grams of cannabis. (3) Cannabis trafficking. (4) Delivery of cannabis on school grounds. (5) Unauthorized production of more than 5 cannabis sativa plants. (6) Cal culated criminal cannabis conspiracy.

(7) Unauthorized manufacture or delivery of control led substances. (8) Contro lled substance trafficking. (9) Manufacture, distribution, or advertisement of look-alike substances. (10) Calculated criminal drug conspiracy. (11) Street gang criminal drug conspiracy. (12) Permitting unlawful use of a building. (13) Delivery of controlled, counterfeit, or look-alike substances to persons under age 18, or a t truck stops, rest stops, or safety rest areas, or on school pro perty. (14) Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look-alike subs tances. (15) Delivery of controlled substances. (16) Sale or delivery of drug paraphernalia.

(17) Felony possession, sale, or exchange of instru ments adapted for use of a controlled substance, me thamphetamine, or cannabis by subcutaneous injection. (18) Felony possession of a controlled substance. (19) Any violation of the Methamphetamine Control a nd Community Protection Act. (b-1.5) In addition to any other provision of this Section, for applicants with access to confidential finan cial information or who submit documentation to support billin g, the Department of Early Childhood may, in its discretion, deny or refuse to renew a license to an applicant who has been convicted of committing or attempting to commit any of th e following felony offenses: (1) financial institution fraud under Section 17-10.6 of the Criminal Code of 1961 or the Criminal Code of 2012 ; (2) identity theft under Section 16-30 of the Criminal Code of 1961 or the Criminal Code of 2012; (3) financial exploitation of an elderly person or a person with a disability under Section 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012; (4) computer tampering under Section 17-51 of the Criminal Code of 1961 or the Criminal Code of 2012; (5) aggravated computer tampering under Section 17-52 of the Criminal Code of 1961 or the Criminal Code of 2012 ; (6) computer fraud under Section 17-50 of the Criminal Code of 1961 or the Criminal Code of 2012; (7) deceptive practices under Section 17-1 of the Criminal Code of 1961 or the Criminal Code of 2012; (8) forgery under Section 17-3 of the Crimina l Code of 1961 or the Criminal Code of 2012; (9) State benefits fraud under Section 17-6 o f the Criminal Code of 1961 or the Criminal Code of 2012; (10) mail fraud and wire fraud under Section 17-24 of the Criminal Code of 1961 or the Criminal Code of 2012; (11) theft under paragraphs (1.1) through (11) of s ubsection (b) of Section 16-1 of the Criminal Code of 1961 or the Criminal Code of 2012. (b-2) Notwithstanding subsection (b-1), the D epartment of Early Childhood may make an exception and, for a child day care center, child day care home, or group child day care home, issue a new child care facility license to or renew the e xisting child care facility license of an applicant, a p erson employed by a child care facility, or an applicant who ha s an adult residing in a home child care facility who was conv icted of an offense described in subsection (b-1), provid ed that all of the following requirements are met: (1) The relevant criminal offense occurred more tha n 5 years prior to the date of application or renewal, except for drug offenses. The relevant drug offense must have oc curred more than 10 years prior to the date of applicat ion or renewal, unless the applicant passed a dru g test, arranged and paid for by the child care facility, n o less than 5 years after the offense. (2) The Department of Early Childhood must conduct a background check and assess all convictions and recommend ations of the child care facility to determine i f hiring or licensing the applicant is in accordance with D epartment of Early Childhood administrative rules and pr ocedures. (3) The ap plicant meets all other requirements and qualifications to be licensed as the pertinent type of ch ild care facility under this Act and the Department of Early Childhood administrative rules. ( c) In evaluating the exception pursuant to subsection (b -2), the Department of Early Childhood must caref ully review any relevant documents to determine whether the applicant , despite the disqualifying convictions, poses a substantia l risk to State resources or clients. In making such a dete rmination, the following guidelines shall be used: (1) the age of the applicant when the offense was c ommitted; (2) the cir cumstances surrounding the offense; (3) the length of time since the conviction;

(4) the specific duties and responsibilities necess arily related to the license being applied for and the bearing, if any, that the applicant's conviction hist ory may have on the applicant's fitness to perform th ese duties and responsibilities; (5) the applicant's employment references; (6) the applicant's character references and any ce rtificates of achievement; (7) an academic transcript showing educational atta inment since the disqualifying conviction; (8) a Certificate of Relief from Disabilities or Ce rtificate of Good Conduct; and (9) anything else that speaks to the applicant's ch aracter.(Source: P.A. 103-594, eff . 7-1-26.) (225 ILCS 10/4.3) (from Ch. 23, par.

2214.3) (Text of Section before amendment by P.A. 103-594) Sec. 4.3. Child abuse and ne glect reports. All child care facility license applicants and all current and prospecti ve employees of a child care facility who have any possible contact with children in the course of their duties, as a condition of such licensure or employment, shall authoriz e in writing on a form prescribed by the Department an investi gation of the Central Register, as defined in the Abused and Neglected Child Reporting Act, to ascertain if such applicant or employee has been determined to be a perpetr ator in an indicated report of child abuse or neglect. All child care facilities as a condition of licensure pur suant to this Act shall maintain such information whic h demonstrates that all current employees and other applica nts for employment who have any possible contact with childre n in the course of their duties have authorized an investigati on of the Central Register as hereinabove required. Only those current or prospective employees who will have no possibl e contact with children as part of their present or prospec tive employment may be excluded from provisions requiring auth orization of an investigation. Such information concerning a license applicant, employee or prospective employee obtained by the Department shall be confidential and exempt from public inspection and copyin g as provided under Section 7 of The Freedom of Information Ac t, and such information shall not be transmitted outside the Department, except as provided in the Abused and Neglecte d Child Reporting Act, and shall not be transmitted to anyo ne within the Department except as provided in the Abused an d Neglected Child Reporting Act, and shall not be transmitt ed to anyone within the Department except as needed for the pur poses of evaluation of an application for licensure or for cons ideration by a child care facility of an employee. An y employee of the Department of Children and Family Service s under this Section who gives or causes to be given any co nfidential information concerning any child abuse or ne glect reports about a child care facility applicant, child care facility employee, shall be guilty of a Class A misdemean or, unless release of such information is authorized by Secti on 11.1 of the Abused and Neglected Child Reporting Act. Additionally, any licensee who is informed by the Departm ent of Children and Family Services, pursuant to S ection 7.4 of the Abused and Neglected Child Reporting A ct, approved June 26, 1975, as amended, that a formal investi gation has commenced relating to an employee of th e child care facility or any other person in frequent conta ct with children at the facility, shall take reasonable acti on necessary to insure that the employee or other person is restricted during the pendency of the investigation from contact with children whose care has been entrusted to th e facility. When a foster family home is the subject of an indicated report under the Abused and Neglected Child Reporting Act , the Department of Children and Family Services must immediate ly conduct a re-examination of the foster family home to evaluate whether it continues to meet the minimum standards for li censure. The re-examination is separate and apart from the formal investigation of the report. The Department must e stablish a schedule for re-examination of the fost er family home mentioned in the report at least once a year.

When a certified relative caregiver home is the subject o f an indicated report under the Abused and Neglected Child Reporting Act, the Department shall immediately conduct a re-examination of the certified relative caregiver home to evaluate whether the home remains an appropriate placemen t or the certified relative caregiver home continues to meet t he minimum standards for certification required under Sectio n 3.4 of this Act. The re-examination is separate and apa rt from the formal investigation of the report and shall be completed in the timeframes established by rule. (Sourc e: P.A. 103-1061, eff. 7-1-25.) (Text of Section after amendment by P.A. 103-594) Sec. 4.3. Child abuse and ne glect reports. All child care facility license applicants (other than a child day care center, child day care home, or group child day care home) and all current and prospective employees of a child care fac ility (other than a child day care center, child day care home, or group child day care home) who have any possible contact with children in the course of their duties, as a condition of such licensure or employment, shall authorize in writing on a form prescribed by the Department an investigation of the Cent ral Register, as defined in the Abused and Neglected Child Re porting Act, to ascertain if such applicant or employee has been determined to be a perpetrator in an indicated repor t of child abuse or neglect. All child care facilities (other than a child day care center, child day care home, or group child day care home) as a condition of licensure pursuant to this Act shall maintai n such information which demonstrates that all current empl oyees and other applicants for employment who have any possible contact with children in the course of their duties have authorized an investigation of the Central Register as he reinabove required. Only those current or prospective e mployees who will have no possible contact with children as part of their present or prospective employment may be ex cluded from provisions requiring authorization of an in vestigation. Such information concern ing a license applicant, employee or prospective employee obtained by the Department shall be confidential and exempt from public inspection and copyin g as provided under Section 7 of The Freedom of Information Ac t, and such information shall not be transmitted outside the Department, except as provided in the Abused and Neglecte d Child Reporting Act, and shall not be transmitted to anyo ne within the Department except as provided in the Abused an d Neglected Child Reporting Act, and shall not be transmitt ed to anyone within the Department except as needed for the pur poses of evaluation of an application for licensure or for cons ideration by a child care facility of an employee. An y employee of the Department of Children and Family Service s under this Section who gives or causes to be given any co nfidential information concerning any child abuse or ne glect reports about a child care facility applicant, child care facility employee, shall be guilty of a Class A misdemean or, unless release of such information is authorized by Secti on 11.1 of the Abused and Neglected Child Reporting Act. Additionally, any licensee who is informed by the Departm ent of Children and Family Services, pursuant to S ection 7.4 of the Abused and Neglected Child Reporting A ct, approved June 26, 1975, as amended, that a formal investi gation has commenced relating to an employee of th e child care facility or any other person in frequent conta ct with children at the facility, shall take reasonable acti on necessary to insure that the employee or other person is restricted during the pendency of the investigation from contact with children whose care has been entrusted to th e facility. When a foster family home is the subject of an indicated report under the Abused and Neglected Child Reporting Act , the Department of Children and Family Services must immediate ly conduct a re-examination of the foster family home to evaluate whether it continues to meet the minimum standards for li censure. The re-examination is separate and apart from the formal investigation of the report. The Department must e stablish a schedule for re-examination of the fost er family home mentioned in the report at least once a year.

When a certified relative caregiver home is the subject o f an indicated report under the Abused and Neglected Child Reporting Act, the Department shall immediately conduct a re-examination of the certified relative caregiver home to evaluate whether the home remains an appropriate placemen t or the certified relative caregiver home continues to meet t he minimum standards for certification required under Sectio n 3.4 of this Act. The re-examination is separate and apa rt from the formal investigation of the report and shall be completed in the timeframes established by rule. (Sourc e: P.A. 103-594, eff. 7-1-26; 103 -1061, eff. 7-1-25.) (225 ILCS 10/4.3a) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 4.3a. Child Abuse and N eglect Reports; Department of Early Childhood. All child care fa cility license applicants and all current and prospective employees of a c hild day care center, child day care home, or group child day care home who have any possible contact with children in the course of their duties, as a condition of such licensure or employment, s hall authorize in writing on a form prescribed by the Departme nt of Early Childhood an investigation of the Central Register, as defined in the Abused and Neglected Child Reporting Act, to ascertain if such applicant or employee has been determin ed to be a perpetrator in an indicated report of child abuse or neglect. All child care facilities as a condition of lice nsure pursuant to this Act shall maintain such information whic h demonstrates that all current employees and other applica nts for employment who have any possible contact with childre n in the course of their duties have authorized an investigati on of the Central Register as hereinabove required. Only those current or prospective employees who will have no possibl e contact with children as part of their present or prospec tive employment may be excluded from provisions requiring auth orization of an investigation. Such information conce rning a license applicant, employee or prospective employee obt ained by the Department of Early Childhood shall be confidentia l and exempt from public inspection and copying as provided und er Section 7 of The Freedom of Information Act, and such inf ormation shall not be transmitted outside the Departme nt of Early Childhood, except as provided in the Abused and Neg lected Child Reporting Act, and shall not be transmitt ed to anyone within the Department of Early Childhood except as provided in the Abused and Neglected Child Reporting Act, and shall not be transmitted to anyone within the Department of Early Childhood except as needed for the purposes of eval uation of an application for licensure or for conside ration by a child care facility of an employee. An y employee of the Department of Early Childhood under this Section who gives or causes to be given any confidential information concerning any child abuse or neglect reports about a child care facility applicant or child care facil ity employee shall be guilty of a Class A misdemeanor, unless release of such information is authorized by Section 11.1 of the Abused and Neglected Child Reporting Act. Additionall y, any licensee who is informed by the Department of Childre n and Family Services, pursuant to Section 7.4 of the Abused an d Neglected Child Reporting Act that a formal investigation has commenced relating to an employee of the child care facil ity or any other person in frequent contact with children at the facility shall take reasonable action necessary to ensure that the employee or other person is restricted during the pen dency of the investigation from contact with children whose car e has been entrusted to the facility.(Source: P. A. 103-594, eff. 7-1-26.) (225 ILCS 10/4.4) (from Ch. 23, par.

2214.4) (Text of Section before amendment by P.A. 103-594) Sec. 4.4. For the pur poses of background investigations authorized in this Act, "license applicant" means the ope rator or person with direct responsibility for daily operation of the facility to be licensed. In the case of facilities to be operated in a family home, the Department may, by rule, r equire that other adult residents of that home also auth orize such investigations.(Source: P.A. 84-158.)

(Text of Section after amendment by P.A. 103-594) Sec. 4.4. This Sectio n does not apply to any child day care center, child day care home, or group child day care home. For the purposes of background investigations authorized in t his Act, "license applicant" means the operator or person wit h direct responsibility for daily operation of the facility to be licensed. In the case of facilities to be operated in a family home, the Department may, by rule, require that ot her adult residents of that home also authorize such investig ations with the exception of child day care homes and group child day care homes.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/4.4a) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 4.4a. Background invest igations; Department of Early Childhood. For the purposes of bac kground investigations authorized in this Act, "license applicant" means the ope rator or person with direct responsibility for daily operation of the child day care center, child day care home, or group child day care home to be licensed. In the case of facilities to be operated in a family home, as related to child day care homes and group child day care homes, the Department of Early Childhood may, by rule, require that other adult resident s of that home also authorize such investigations.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/4.5) (Text of Section before amendment by P.A. 103-594) Sec. 4.5. Children with disa bilities; training. (a) An owner or operator of a licensed day care home or g roup day care home or the onsite executive director of a licensed day care center must successfully complete a bas ic training course in providing care to children with disabi lities. The basic training course will also be made available on a voluntary basis to those providers who are exempt from the licensure requirements of this Act. (b) The Department of Children and Family Services shall promulgate rules establishing the requirements for basic training in providing care to children with disabilities.

(Source: P.A. 92-164, eff. 1-1-02.) (Text of Section after amendment by P.A. 103-594) Sec. 4.5. Children with disa bilities; training. (a) An owner or operator of a licensed child day care home or group child day care home or the onsite executive director of a licensed child day care center must successfully complete a basic training course in providing care to children wit h disabilities. The basic training course will also be made available on a voluntary basis to those providers who are exempt from the licensure requirements of this Act. (b) The Department of Early Childhood shall promulgate ru les establishing the requirements for basic training in providing care to children with disabilities.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/5) (from Ch. 23, par. 22

15) (Text of Section before amendment by P.A. 103-594) Sec. 5. (a) In respec t to child care institutions, maternity centers, child welfare agencies, day care cente rs, day care agencies and group homes, the Department, upon r eceiving application filed in proper order, shall examin e the facilities and persons responsible for care of children t herein. (b) In respect to foster famil y and day care homes, appli cations may be filed on behalf of such homes by a li censed child welfare agency, by a State agency authorized to pla ce children in foster care or by out-of-State ag encies approved by the Department to place children in this State. In res pect to day care homes, applications may be filed on behalf of such homes by a licensed day care agency or licensed child wel fare agency. In applying for license in behalf of a home in wh ich children are placed by and remain under supervision of th e applicant agency, such agency shall certify that the home and persons responsible for care of unrelated children therei n, or the home and relatives, as defined in Section 2.36 of thi s Act, responsible for the care of related children therein, wer e found to be in reasonable compliance with standards presc ribed by the Department for the type of care indicated. (c) The Department shall not allow any person to examine facilities under a provision of this Act who has not pass ed an examination demonstrating that such person is familiar wi th this Act and with the appropriate standards and regulatio ns of the Department. (d) With the exception of day care centers, day care home s, and group day care homes, licenses shall be issued in such form and manner as prescribed by the Department and are valid for 4 years from the date issued, unless revoked by the Department or voluntarily surrendered by the licensee. Li censes issued for day care centers, day care homes, and group day care homes shall be valid for 3 years from the date issued, unless revoked by the Department or voluntarily s urrendered by the licensee. When a licensee has made tim ely and sufficient application for the renewal of a license o r a new license with reference to any activity of a continuin g nature, the existing license shall continue in full force and effect for up to 30 days until the final agency decision on the application has been made. The Department may further ext end the period in which such decision must be made in individ ual cases for up to 30 days, but such extensions shall be onl y upon good cause shown. (e) The Department ma y issue one 6-month permit to a newly established facility for child care to allow that facilit y reasonable time to become eligible for a full license. If the facility for child care is a foster family home, or day c are home the Department may issue one 2-month permit on ly. (f) The Department may issue an emergency permit to a chi ld care facility taking in children as a result of the temporary closure for more than 2 weeks of a licensed chi ld care facility due to a natural disaster. An emergency per mit under this subsection shall be issued to a facility only if the persons providing child care services at the facility wer e employees of the temporarily closed day care center at th e time it was closed. No investigation of an employee of a child care facility receiving an emergency permit under this su bsection shall be required if that employee has previou sly been investigated at another child care facility. No emer gency permit issued under this subsection shall be valid for mo re than 90 days after the date of issuance. (g) During the hours of operation of any licensed child c are facility, authorized representatives of the Departme nt may without notice visit the facility for the purpose of determining its continuing compliance with this Act or re gulations adopted pursuant thereto. ( h) Day care centers, day care homes, and group day care homes shall be monitored at least annually by a licensing representative from the Department or the agency that rec ommended licensure.(Source: P.A. 103-1061, eff. 7-1-25.) (Text of Section after amendment by P.A. 103-594) Sec. 5. (a) This Sect ion does not apply to any child day care center, child day care home, or group child day care home. In respect to child care institutions, maternity centers, child welfare agencies, and group homes, the Department, upon receiving application filed in proper order, shall examin e the facilities and persons responsible for care of children t herein. (b) In respect to foster famil y homes, applications may b e filed on behalf of such homes by a licensed child welfare agency, by a State agency authorized to place children in foster care or by out-of-State agencies appro ved by the Department to place children in this State. In applying f or license in behalf of a home in which children are placed by and remain under supervision of the applicant agency, such ag ency shall certify that the home and persons responsible for c are of unrelated children therein, or the home and relatives, as defined in Section 2.36 of this Act, responsible for the care of related children therein, were found to be in reasonab le compliance with standards prescribed by the Department fo r the type of care indicated. (c) The Departm ent shall not allow any person to examine facilities under a provision of this Act who has not pass ed an examination demonstrating that such person is familiar wi th this Act and with the appropriate standards and regulatio ns of the Department. (d) Licenses shall be i ssued in such form and manner as p rescribed by the Department and are valid for 4 years fr om the date issued, unless revoked by the Department or voluntar ily surrendered by the licensee. When a licensee has made tim ely and sufficient application for the renewal of a license o r a new license with reference to any activity of a continuin g nature, the existing license shall continue in full force and effect for up to 30 days until the final agency decision on the application has been made. The Department may further ext end the period in which such decision must be made in individ ual cases for up to 30 days, but such extensions shall be onl y upon good cause shown. (e) The Department ma y issue one 6-month permit to a newly established facility for child care to allow that facilit y reasonable time to become eligible for a full license. If the facility for child care is a foster family home, the Depa rtment may issue one 2-month permit only. (f) The Department may issue an emergency permit to a chi ld care facility taking in children as a result of the temporary closure for more than 2 weeks of a licensed chi ld care facility due to a natural disaster. An emergency per mit under this subsection shall be issued to a facility only if the persons providing child care services at the facility wer e employees of the temporarily closed facility at the time it was closed. No investigation of an employee of a child ca re facility receiving an emergency permit under this subsect ion shall be required if that employee has previously been in vestigated at another child care facility. No emergency permit issued under this subsection shall be valid for mo re than 90 days after the date of issuance. (g) During the hours of operation of any licensed child c are facility, authorized representatives of the Departme nt may without notice visit the facility for the purpose of determining its continuing compliance with this Act or re gulations adopted pursuant thereto. ( h) (Blank).(Source: P.A. 103-594, e ff. 7-1-26; 103 -1061, eff. 7-1-25.) (225 ILCS 10/5.01) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 5.01. Licenses; permits ; Department of Early Childhood. (a) In res pect to child da y care centers, the Department of Early Childhood, upon receiving application filed in p roper order, shall examine the facilities and persons responsib le for care of children therein. (b) In re spect to child da y care homes, applications may be filed on behalf of such homes by the Department of Ear ly Childhood. (c) The Department of Early Childhood shall not allow any person to examine facilities under a provision of this Ac t who has not passed an examination demonstrating that such per son is familiar with this Act and with the appropriate standa rds and regulations of the Department of Early Childhood. (d) Licenses issued for child day care centers, child day care homes, and group child day care homes shall be valid for 3 years from the date issued, unless revoked by the Departm ent of Early Childhood or voluntarily surrendered by the lice nsee. When a licensee has made timely and sufficient applicatio n for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license sha ll continue in full force and effect for up to 30 days until the final agency decision on the application has been made. T he Department of Early Childhood may further extend the peri od in which such decision must be made in individual cases for up to 30 days, but such extensions shall be only upon good caus e shown. (e) The Department of Early Chil dhood may issue one 6-month permit to a newly established facility for child care to allow that facility reasonable time to become eligible for a full license. If the facility for child care is a child day care home the Department of Early Childhood may issue one 2-month permit only. (f) The Depa rtment of Early Childhood may issue an emerge ncy permit to a child day care center taking in children as a result of the temporary closure for more than 2 week s of a licensed child care facility due to a natural disaster. A n emergency permit under this subsection shall be issued to a facility only if the persons providing child care service s at the facility were employees of the temporarily closed child day care center at the time it was closed. N o investigation of an employee of a child care facility receiving an emergen cy permit under this subsection shall be required if that em ployee has previously been investigated at another chil d care facility. No emergency permit issued under this subs ection shall be valid for more than 90 days after the date of issuance. (g) During the hours of op eration of any licensed child day care center, child day care home, or group child day care home, authorized representatives of the Department of Ear ly Childhood may without notice visit the facility for the p urpose of determining its continuing compliance with thi s Act or rules adopted pursuant thereto. (h) Child Day care centers, child day care homes, and group child day care homes shall be monitored at least annually by a licensing representative from the Departmen t of Early Childhood that recommended licensure.(Source: P.A. 103-594, eff. 7-1-26; 104 -417, eff. 8-15-25.) (225 ILCS 10/5.1) (Text of Section before amendment by P.A. 103-594) Sec. 5.1. (a) The Dep artment shall ensure that no day care center, group home, or child care institution as defined in this Act shall on a regular basis transport a child or ch ildren with any motor vehicle unless such vehicle is operated by a person who complies with the following requirements: 1. is 21 years of age or older; 2. currently holds a valid driver's license, which has not been revoked or suspended for one or more traffic vio lations during the 3 years immediately prior to the da te of application; 3 . demonstrates physical fitness to operate vehicle s by submitting the results of a medical examination conduc ted by a licensed physician; 4. has not been convicted of more than 2 offenses a gainst traffic regulations governing the movement of veh icles within a 12-month period; 5. has not been convicted of reckless driving or dr iving under the influence or manslaughter or reckless h omicide resulting from the operation of a motor vehicle within the past 3 years; 6. has signed and submitted a written statement cer tifying that the person has not, through the unlawful operation of a motor vehicle, caused a crash which result ed in the death of any person within the 5 years im mediately prior to the date of application. However, such day care centers, group homes, and child ca re institutions may provide for transportation of a chi ld or children for special outings, functions, or purposes that are not scheduled on a regular basis without verification tha t drivers for such purposes meet the requirements of this S ection. (a-5) As a means of ensu ring compliance with the re quirements set forth in subsection (a), the Department shall implement appropriate measures to verify that every indiv idual who is employed at a group home or child care institution meets those requirements. For every person em ployed at a group home or child care i nstitution who regularly transports children in the cour se of performing the person's duties, the Department must make the verification every 2 years. Upon the Department's request , the Secretary of State shall provide the Department with the information necessary to enable the Department to make th e verifications required under subsection (a).

In the case of an individual employed at a group home or child care institution who becomes subject to subsection (a) for the first time after January 1, 2007 (the effective d ate of Public Act 94-943), the Department must make that v erification with the Secretary of State before the individual operate s a motor vehicle to transport a child or children under the circumstances described in subsection (a). In the case of an individual employed at a group home or child care institution who is subject to subsection (a) o n January 1, 2007 (the effective date of Public Act 94-943), the Department must make that verification with the Secretary of State within 30 days after January 1, 2007. If the Department discovers that an individual fails to m eet the requirements set forth in subsection (a), the De partment shall promptly notify the appropriate group ho me or child care institution. (b) Any indivi dual who holds a valid Illinois school bus driver permit issued by the Secretary of State pursuant t o the Illinois Vehicle Code, and who is currently employed by a school district or parochial school, or by a contractor w ith a school district or parochial school, to drive a school bu s transporting children to and from school, shall be deemed in compliance with the requirements of subsection (a). (c) The Department may, pursuant to Section 8 of this Act , revoke the license of any day care center, group home, or child care institution that fails to meet the requirements of t his Section. (d) A group home or child care institution that fails to meet the requirements of this Section is guilty of a pett y offense and is subject to a fine of not more than $1,000. Each day that a group home or child care institution fails to meet the requirements of this Section is a separate offense. (Source: P.A. 102-982, eff. 7-1-23; 103 -22, eff. 8-8-23; 103-605, eff. 7-1-24; 104-417, ef f. 8-15-25.) (Text of Section after amendment by P.A. 103-594) Sec. 5.1. (a) The Dep artment shall ensure that no group home or child care institution as defined in this Act sha ll on a regular basis transport a child or children with any mo tor vehicle unless such vehicle is operated by a person who c omplies with the following requirements: 1. is 21 years of age or older; 2. currently holds a valid driver's license, which has not been revoked or suspended for one or more traffic vio lations during the 3 years immediately prior to the da te of application; 3 . demonstrates physical fitness to operate vehicle s by submitting the results of a medical examination conduc ted by a licensed physician; 4. has not been convicted of more than 2 offenses a gainst traffic regulations governing the movement of veh icles within a 12-month period; 5. has not been convicted of reckless driving or dr iving under the influence or manslaughter or reckless h omicide resulting from the operation of a motor vehicle within the past 3 years; 6. has signed and submitted a written statement cer tifying that the person has not, through the unlawful operation of a motor vehicle, caused a crash which result ed in the death of any person within the 5 years im mediately prior to the date of application. However, such group homes and child care institutions may provide for transportation of a child or children for spe cial outings, functions, or purposes that are not scheduled on a regular basis without verification that drivers for such purposes meet the requirements of this Section. (a-5) As a means of ensuring compliance with the re quirements set forth in subsection (a), the Department shall implement appropriate measures to verify that every indiv idual who is employed at a group home or child care institution meets those requirements. For every person em ployed at a group home or child care i nstitution who regularly transports children in the cour se of performing the person's duties, the Department must make the verification every 2 years. Upon the Department's request , the Secretary of State shall provide the Department with the information necessary to enable the Department to make th e verifications required under subsection (a).

In the case of an individual employed at a group home or child care institution who becomes subject to subsection (a) for the first time after January 1, 2007 (the effective d ate of Public Act 94-943), the Department must make that v erification with the Secretary of State before the individual operate s a motor vehicle to transport a child or children under the circumstances described in subsection (a). In the case of an individual employed at a group home or child care institution who is subject to subsection (a) o n January 1, 2007 (the effective date of Public Act 94-943), the Department must make that verification with the Secretary of State within 30 days after January 1, 2007. If the Department discovers that an individual fails to m eet the requirements set forth in subsection (a), the De partment shall promptly notify the appropriate group ho me or child care institution. (b) Any indivi dual who holds a valid Illinois school bus driver permit issued by the Secretary of State pursuant t o the Illinois Vehicle Code, and who is currently employed by a school district or parochial school, or by a contractor w ith a school district or parochial school, to drive a school bu s transporting children to and from school, shall be deemed in compliance with the requirements of subsection (a). (c) The Department may, pursuant to Section 8 of this Act , revoke the license of any group home or child care instit ution that fails to meet the requirements of this Section. (d) A group home or child care institution that fails to meet the requirements of this Section is guilty of a pett y offense and is subject to a fine of not more than $1,000. Each day that a group home or child care institution fails to meet the requirements of this Section is a separate offense. (Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26; 103-605, eff. 7-1-24; 104-417, ef f. 8-15-25.) (225 ILCS 10/5.1a) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 5.1a. Transportation of children; child day care centers. The Department of Early C hildhood shall ensure that no child day care center shall on a regular basis transport a child or children with any motor vehicle unless such vehi cle is operated by a person who complies with the following r equirements: (1) is 2 1 years of age or older; (2) currently holds a valid driver's license, which has not been revoked or suspended for one or more traffic violations during the 3 years immediately prior to the da te of application; ( 3) demonstrates physical fitness to operate vehicl es by submitting the results of a medical examination conduc ted by a licensed physician; (4) has not been convicted of more than 2 offenses against traffic regulations governing the movement of veh icles within a 12-month period; (5) has not been convicted of reckless driving or d riving under the influence or manslaughter or reckless h omicide resulting from the operation of a motor vehicle within the past 3 years; (6) has signed and submitted a written statement ce rtifying that the person has not, through the unlawful operation of a motor vehicle, caused a crash which result ed in the death of any person within the 5 years im mediately prior to the date of application. However, such child day care centers may provide for transportation of a child or children for special outings , functions or purposes that are not scheduled on a regular basis without verification that drivers for such purposes meet the requirements of this Section. (b) A ny individual who holds a valid Illinois school bus driver permit issued by the Secretary of State pursuant t o the Illinois Vehicle Code, and who is currently employed by a school district or parochial school, or by a contractor w ith a school district or parochial school, to drive a school bu s transporting children to and from school, shall be deemed in compliance with the requirements of subsection (a). (c) The Department of Early Childhood may, pursuant to Se ction 8a of this Act, revoke the license of any child day care center that fails to meet the requirements of this S ection.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/5.2) (Text of Section before amendment by P.A. 103-594) Sec. 5.2. Unsafe children's products. (a) A child care facility may not use or have on the prem ises, on or after July 1, 2000, an unsafe children's product as described in Section 15 of the Children's Prod uct Safety Act. This subsection (a) does not apply to an anti que or collectible children's product if it is not used by, or a ccessible to, any child in the child care facility. (b) The Department of Children and Family Services shall notify child care facilities, on an ongoing basis, includ ing during the license application facility examination and d uring annual license monitoring visits, of the provisions of th is Section and the Children's Product Safety Act and of the comprehensive list of unsafe children's products as provi ded and maintained by the Department of Public Health availab le on the Internet, as determined in accordance with that Act, in plain, non-technical language that will enable each child care facility to effectively inspect children's products and i dentify unsafe children's products. Subject to availabil ity of appropriations, the Department of Children and Family Services, in accordance with the requirements of this Sec tion, shall establish and maintain a database on the safety of consumer products and other products or substances regula ted by the Department that is: (i) publicly available; (ii) s earchable; and (iii) accessible through the Internet web site of the Department. Child care facilities must maintain al l written information provided pursuant to this subsection in a file accessible to both facility staff and parents of chi ldren attending the facility. Child care facilities must post i n prominent locations regularly visited by parents written notification of the existence of the comprehensive list o f unsafe children's products available on the Internet. The Department of Children and Family Services shall adopt ru les to carry out this Section.(Source: P.A. 10 3-44, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-594) Sec. 5.2. Unsafe children's products; Department of Children and Family Services. (a) A child care facility may not use or have on the prem ises, on or after July 1, 2000, an unsafe children's product as described in Section 15 of the Children's Prod uct Safety Act. This subsection (a) does not apply to an anti que or collectible children's product if it is not used by, or a ccessible to, any child in the child care facility. (b) The Department of Children and Family Services shall notify child care facilities (other than a child

day care center, child day care home, or group child day care home), on an ongoing basis, including during the license applicatio n facility examination and during annual license monitoring visits, of the provisions of this Section and the Childre n's Product Safety Act and of the comprehensive list of unsaf e children's products as provided and maintained by the Dep artment of Public Health available on the Internet, as determined in accordance with that Act, in plain, non-technical language that will enable each child care facility to effectively inspect children's products and i dentify unsafe children's products. Subject to availabil ity of appropriations, the Department of Children and Family Services, in accordance with the requirements of this Sec tion, shall establish and maintain a database on the safety of consumer products and other products or substances regula ted by the Department that is: (i) publicly available; (ii) s earchable; and (iii) accessible through the Internet web site of the Department. Child care facilities must maintain al l written information provided pursuant to this subsection in a file accessible to both facility staff and parents of chi ldren attending the facility. Child care facilities must post i n prominent locations regularly visited by parents written notification of the existence of the comprehensive list o f unsafe children's products available on the Internet. The Department of Children and Family Services shall adopt ru les to carry out this Section.(Source: P.A. 10 3-44, eff. 1-1-24; 103-594, eff. 7-1-26.) (225 ILCS 10/5.2a) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 5.2a. Unsafe children's products; Department of Early Childhood. (a) A child day care center, child day care home, or group child day care home ma y not use or have on the premises an unsafe children's product as described in Section 15 of t he Children's Product Safety Act. This subsection (a) does n ot apply to an antique or collectible children's product if it is not used by, or accessible to, any child in the child day care center, child day care home, or group child day care home. (b) The Department of Early Childhood shall notify child day care centers, child day care homes, and group child day care homes, on an ongoing basis, including during the lic ense application facility examination and during annual licens e monitoring visits, of the provisions of this Section and the Children's Product Safety Act and of the comprehensive li st of unsafe children's products as provided and maintained by the Department of Public Health available on the Internet, as determined in accordance with that Act, in plain, non-technical language that will enable each child care facility to effectively inspect children's products and i dentify unsafe children's products. Subject to availabil ity of appropriations, the Department of Early Childhood, in accordance with the requirements of this Section, shall e stablish and maintain a database on the safety of consum er products and other products or substances regulated by th e Department of Early Childhood that is: (i) publicly avail able; (ii) searchable; and (iii) accessible through the Interne t website of the Department of Early Childhood. Child care facilities must maintain all written information provided pursuant to this subsection in a file accessible to both facility staff and parents of children attending the faci lity. Child Day care centers , child day care homes, and group child day care homes must post in prominent locati ons regularly visited by parents written notification of the existence of the comprehensive list of unsafe children's products avai lable on the Internet. The Department of Early Childhood shall adopt rules to carry out this Section. (Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/5.3) Sec. 5.3. Lunches in child day care homes. In order to increase the affordability and availability of c hild day care, a child day c are home licensed under this Act may allow any child it receives to bring the child's lunch for consumpt ion instead of or in addition to the lunch provided by the child day care home.(Source: P.A. 1 03-22, eff. 8-8-23.) (225 ILCS 10/5.5) Sec. 5.5. Smoking in child day care facilities. (a) The General Assembly finds and declares that: (1) The U.S. government has determined that secondh and tobacco smoke is a major threat to public health for whic h there is no safe level of exposure. (2) The U.S. Environmental Protection Agency recent ly classified secondhand tobacco smoke a Class A carcinogen, ranking it with substances such as asbestos and benzene. (3) According to U.S. government figures, secondhan d tobacco smoke is linked to the lung-cancer deaths o f an estimated 3,000 nonsmokers per year. (4) Cigarette smoke is a special risk to children, causing between 150,000 and 300,000 respiratory infection s each year in children under 18 months old, and endangerin g between 200,000 and one million children with asthma. (5) The health of the children of this State should not be compromised by needless exposure to secondhand tob acco smoke. (b) It is a violation of this Act for any person to smoke tobacco in any area of a child day care center. (c) It is a violation of this Act for any person to smoke tobacco in any area of a child day care home or group child day care home. (d) It is a violation of thi s Act for any person responsi ble for the operation of a child day care center, child day care home, o r group child day care home to knowingly allow or encourage any violation of subsection (b) or (c) of this Section.(Source: P.A. 99-343, e ff. 8-11-15.) (225 ILCS 10/5.6) Sec. 5.6. Pesticide and lawn care product application at child day care centers . (a) Licensed child day care centers shall abide by the requirements of Sections 10.2 and 10.3 of the Structural Pest Control Act. (b) Notification required pursuant to Section 10.3 of the Structural Pest Control Act may not be given more than 30 days before the application of the pesticide. (c) Each licensed child da y care center, subject to the requirements of Section 10.3 of the Structural Pest Contr ol Act, must ensure that pesticides will not be applied when children are present at the center. Toys and other items mouthed or handled by the children must be removed from t he area before pesticides are applied. Children must not ret urn to the treated area within 2 hours after a pesticide appl ication or as specified on the pesticide label, which ever time is greater. (d) The owners and ope rators of licensed child day care centers must ensure that lawn care products will not be a pplied to child day care center grounds when children are present at the center or on its grounds. For the purpose of this Section, "lawn care product" has the same meaning as that term is defined in the Lawn Care Products Application and Notice Act. (Source: P.A. 96-424, ef f. 8-13-09.) (225 ILCS 10/5.8) (Text of Section before amendment by P.A. 103-594) Sec. 5.8. Radon testing of l icensed day care centers, licensed day care homes, and licensed group day care home s. (a) Effective January 1, 2013, licensed day care centers, licensed day care homes, and licensed group day care home s shall have the facility tested for radon at least once ev ery 3 years pursuant to rules established by the Illinois Emerg ency Management Agency. (b) Effective Januar y 1, 2014, as part of an initial appl ication or application for renewal of a license for d ay care centers, day care homes, and group day care homes, t he Department shall require proof the facility has been test ed within the last 3 years for radon pursuant to rules estab lished by the Illinois Emergency Management Agency.

(c) The report of the most current radon measurement shal l be posted in the facility next to the license issued by t he Department. Copies of the report shall be provided to par ents or guardians upon request. (d) Include d with the report referenced in subsection (c) shall be the following statement:

"Every parent or guardian is notified that this fac ility has performed radon measurements to ensure the h ealth and safety of the occupants. The Illinois Emergenc y Management Agency (IEMA) recommends that all residential homes be tested and that corrective actions be taken at l evels equal to or greater than 4.0 pCi/L. Radon is a Cla ss A human carcinogen, the leading cause of lung cancer in n on-smokers, and the second leading cause of lung c ancer overall. For additional information about this facility c ontact the licensee and for additional information regar ding radon contact the IEMA Radon Program at 800-325-1245 or on the Internet at www.radon. illinois.gov.". (Source: P.A. 97 -981, eff. 1-1-13.) (Text of Section after amendment by P.A. 103-594) Sec. 5.8. Radon testing of l icensed child day care centers, licensed child da y care homes, and licensed group child day care homes. (a) Licensed child day care centers, licensed day care homes, and licensed group child day care homes shall have the facility tested for radon at least once every 3 years pur suant to rules established by the Illinois Emergency Management Agency. (b) As part of an initial appli cation or application for renewal of a license for child day care centers, child day care homes, and group child day care homes, the Department of Early Childhood shall require proof the facility has been teste d within the last 3 years for radon pursuant to rules estab lished by the Illinois Emergency Management Agency.

(c) The report of the most current radon measurement shal l be posted in the facility next to the license issued by t he Department of Early Childhood. Copies of the report shall be provided to parents or guardians upon request. (d) Included with the report referenced in subsection (c) shall be the following statement:

"Every parent or guardian is notified that this fac ility has performed radon measurements to ensure the h ealth and safety of the occupants. The Illinois Emergenc y Management Agency (IEMA) recommends that all residential homes be tested and that corrective actions be taken at l evels equal to or greater than 4.0 pCi/L. Radon is a Cla ss A human carcinogen, the leading cause of lung cancer in n on-smokers, and the second leading cause of lung c ancer overall. For additional information about this facility c ontact the licensee and for additional information regar ding radon contact the IEMA Radon Program at 800-325-1245 or on the Internet at www.radon. illinois.gov.". (Source: P.A. 10 3-594, eff. 7-1-26.) (225 ILCS 10/5.9) (Text of Section before amendment by P.A. 103-594) Sec. 5.9. Lead testing of wa ter in licensed day care centers, day care homes and group day care homes. (a) On or before January 1, 2018, the Department, in cons ultation with the Department of Public Health, shall adopt rules that prescribe the procedures and standards to be u sed by the Department in assessing levels of lead in water in licensed day care centers, day care homes, and group day care homes constructed on or before January 1, 2000 that serve children under the age of 6. Such rules shall, at a minim um, include provisions regarding testing parameters, the noti fication of sampling results, training requirements f or lead exposure and mitigation. (b) After adoption of the rules required by subsection (a ), and as part of an initial application or application for renewal of a license for day care centers, day care homes , and group day care homes, the Department shall require proof that the applicant has complied with all such rules. (Source: P.A. 99-922, eff. 1-17-17.) (Text of Section after amendment by P.A. 103-594) Sec. 5.9. Lead testing of wa ter in licensed child day care centers, child day care homes and group child day care homes. (a) The Department of Early Childhood, in consultation wi th the Department of Public Health, shall adopt rules t hat prescribe the procedures and standards to be used by the Department of Early Childhood in assessing levels of lead in water in licensed child da y care centers, child day care homes, and group child day care homes constructed on or before January 1, 2000 that serve children under the age of 6. S uch rules shall, at a minimum, include provisions regarding t esting parameters, the notification of sampling results, training requirements for lead exposure and mitigation. (b) After adoption of the rules required by subsection (a ), and as part of an initial application or application for renewal of a license for child day care centers, child day care homes, and group child day care homes, the Department shall require proof that the applicant has complied with all su ch rules. (Source: P.A. 103-594, eff. 7 -1-26.) (225 ILCS 10/5.10) (Text of Section before amendment by P.A. 103-594) Sec. 5.10. Child care limita tion on expulsions. Consistent with the purposes of this amendatory Act of the 100th Gen eral Assembly and the requirements therein under paragraph (7) of subsection (a) of Section 2-3.71 of the School Code , the Department, in consultation with the Governor's Office of Early Childhood Development and the State Board of Educat ion, shall adopt rules prohibiting the use of expulsion due to a child's persistent and serious challenging behaviors in l icensed day care centers, day care homes, and group day care homes. The rulemaking shall address, at a minimum, requir ements for licensees to establish intervention and transition policies, notify parents of policies, document intervention steps, and collect and report data on childr en transitioning out of the program.(Source: P.A. 100-105, eff. 1-1-18.) (Text of Section after amendment by P.A. 103-594) Sec. 5.10. Child care limita tion on expulsions. Consistent with the purposes of Public Act 100-105 and the req uirements therein under paragraph (7) of subsection (a) of Section 2-3.71 of the School Code, the Department of Early Childhood, in consultation with the State Board of Education, shall adopt rules prohibiting the use of expulsion due to a child's p ersistent and serious challenging behaviors in licensed child day care centers, child day care homes, and group child day care homes. The rulemaking shall address, at a minimum, r equirements for licensees to establish intervention and transition policies, notify parents of policies, document intervention steps, and collect and report data on childr en transitioning out of the program.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/5.11) (Text of Section before amendment by P.A. 103-594) Sec. 5.11. Plan for anaphyla ctic shock. The Department shall require each licensed day care center, day care hom e, and group day care home to have a plan for anaphylactic s hock to be followed for the prevention of anaphylaxis and duri ng a medical emergency resulting from anaphylaxis. The plan sh ould be based on the guidance and recommendations provided by the American Academy of Pediatrics relating to the management of food allergies or other allergies. The plan should be sha red with parents or guardians upon enrollment at each license d day care center, day care home, and group day care home. If a child requires specific specialized treatment during an episode of anaphylaxis, that child's treatment plan should be kept b y the staff of the day care center, day care home, or group day care home and followed in the event of an emergency. Each lice nsed day care center, day care home, and group day care home s hall have at least one staff member present at all times who h as taken a training course in recognizing and responding to anaphylaxis.(Source: P.A. 102-413, e ff. 8-20-21.) (Text of Section after amendment by P.A. 103-594) Sec. 5.11. Plan for anaphyla ctic shock. The Department of Early Childhood shall require each licensed chil d day care center, child day care home, and group child day care home to have a plan for anaphylactic shock to be followed for the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. The plan should be based on t he guidance and recommendations provided by the American Aca demy of Pediatrics relating to the management of food allergie s or other allergies. The plan should be shared with parents o r guardians upon enrollment at each licensed child

day care center, child day care home, and group child day care home. If a child requires specific specialized treatment during an episode of anaphylaxis, that child's treatment plan shoul d be kept by the staff of the child day care center, child day care home, or group child day care home and followed in the event of an emergency. Each licensed child day care center, child day care home, and group child day care home shall have at least one staff member present at all times who has taken a tra ining course in recognizing and responding to anaphylaxis.(Source: P.A. 102-413, eff. 8-20-21; 10 3-594, eff. 7-1-26.) (225 ILCS 10/5.12) Sec. 5.12. Child Day care centers operating hours. A child day care center may operate for 24 hours or longer and may provide care for a child for a period of up to 12 hours i f the parent or guardian of the child is employed in a position that requires regularly scheduled shifts and an 8-hour a 10-hour period elapses between child day care visits. The Department shall adopt rules necessary to implement and administer t his Section.(Source: P.A. 103-952, eff. 1-1-25.) (225 ILCS 10/6) (from Ch. 23, par. 22

16) (Text of Section before amendment by P.A. 103-594) Sec. 6. (a) A license d facility operating as a "child care institution", "maternity center", "child welfare agency", "day care agency" or "day care center" must apply for renewal of its license held, the application to be made to the Departmen t on forms prescribed by it. (b) The Departm ent, a duly licensed child welfare agency or a suitable agency or person designated by the Departme nt as its agent to do so, must re-examine every child car e facility for renewal of license, including in that process the exa mination of the premises and records of the facility a s the Department considers necessary to determine that minimum standards for licensing continue to be met, and random su rveys of parents or legal guardians who are consumers of such f acilities' services to assess the quality of care at suc h facilities. In the case of foster family homes, or day ca re homes under the supervision of or otherwise required to b e licensed by the Department, or under supervision of a lic ensed child welfare agency or day care agency, the examination shall be made by the Department, or agency supervising such hom es. If the Department is satisfied that the facility continue s to maintain minimum standards which it prescribes and publis hes, it shall renew the license to operate the facility. (b-5) In the case of a quality of care concerns app licant as defined in Section 2.22a of this Act, in addition to t he examination required in subsection (b) of this Section, t he Department shall not renew the license of a quality of ca re concerns applicant unless the Department is satisfied tha t the foster family home does not pose a risk to children and t hat the foster family home will be able to meet the physical and emotional needs of children. In making this determination , the Department must obtain and carefully review all relevant documents and shall obtain consultation from its Clinical Division as appropriate and as prescribed by Department r ule and procedure. The Department has the authority to deny a n application for renewal based on a record of quality of c are concerns. In the alternative, the Department may (i) appr ove the application for renewal subject to obtaining addition al information or assessments, (ii) approve the application for renewal for purposes of placing or maintaining only a par ticular child or children only in the foster home, or (iii) approve the application for renewal. The Department shall notify the quality of care concerns applicant of its deci sion and the basis for its decision in writing. (c) If a child care facility's license, other than a lice nse for a foster family home, is revoked, or if the D epartment refuses to renew a facility's license, the fac ility may not reapply for a license before the expiration of 12 months following the Department's action; provided, howev er, that the denial of a reapplication for a license pursuant to this subsection must be supported by evidence that the pr ior revocation renders the applicant unqualified or incapable of satisfying the standards and rules promulgated by the Dep artment pursuant to this Act or maintaining a facility which adheres to such standards and rules. (d) If a foster family home license (i) is revoked, (ii) is surrendered for cause, or (iii) expires or is surrendered with either certain types of involuntary placement holds in pl ace or while a licensing or child abuse or neglect investigat ion is pending, or if the Department refuses to renew a foste r home license, the foster home may not reapply for a license be fore the expiration of 5 years following the Department's acti on or following the expiration or surrender of the license. (Source: P.A. 99-779, eff. 1-1-17.) (Text of Section after amendment by P.A. 103-594) Sec. 6. (a) A license d facility operating as a "child care institution", "maternity center", or "child welfare agenc y", must apply for renewal of its license held, the applicati on to be made to the Department on forms prescribed by it. (b) The Department, a duly licensed child welfare agency or a suitable agency or person designated by the Departme nt as its agent to do so, must re-examine every child car e facility for renewal of license, including in that process the exa mination of the premises and records of the facility a s the Department considers necessary to determine that minimum standards for licensing continue to be met, and random su rveys of parents or legal guardians who are consumers of such f acilities' services to assess the quality of care at suc h facilities. In the case of foster family homes, the exami nation shall be made by the Department, or agency su pervising such homes. If the Department is satisfied th at the facility continues to maintain minimum standards whic h it prescribes and publishes, it shall renew the license to o perate the facility. (b-5) In th e case of a quality of care concerns app licant as defined in Section 2.22a of this Act, in addition to t he examination required in subsection (b) of this Section, t he Department shall not renew the license of a quality of ca re concerns applicant unless the Department is satisfied tha t the foster family home does not pose a risk to children and t hat the foster family home will be able to meet the physical and emotional needs of children. In making this determination , the Department must obtain and carefully review all relevant documents and shall obtain consultation from its Clinical Division as appropriate and as prescribed by Department r ule and procedure. The Department has the authority to deny a n application for renewal based on a record of quality of c are concerns. In the alternative, the Department may (i) appr ove the application for renewal subject to obtaining addition al information or assessments, (ii) approve the application for renewal for purposes of placing or maintaining only a par ticular child or children only in the foster home, or (iii) approve the application for renewal. The Department shall notify the quality of care concerns applicant of its deci sion and the basis for its decision in writing. (c) If a child care facility's (other than a chi ld day care center, child day care home, or group child day care home) license, other than a license for a foster family home, i s revoked, or if the Department refuses to renew a facility 's license, the facility may not reapply for a license befor e the expiration of 12 months following the Department's action ; provided, however, that the denial of a reapplication for a license pursuant to this subsection must be supported by evidence that the prior revocation renders the applicant unqualified or incapable of satisfying the standards and rules promulgated by the Department pursuant to this Act or mai ntaining a facility which adheres to such standards an d rules. (d) If a foster family home lice nse (i) is revoked, (ii) is surrendered for cause, or (iii) expires or is surrendered with either certain types of involuntary placement holds in pl ace or while a licensing or child abuse or neglect investigat ion is pending, or if the Department refuses to renew a foste r home license, the foster home may not reapply for a license be fore the expiration of 5 years following the Department's acti on or following the expiration or surrender of the license. (Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/7) (from Ch. 23, par. 22

17) (Text of Section before amendment by P.A. 103-594) Sec. 7. (a) The Depar tment must prescribe and publish minimum standards for licensing that apply to the various types of facilities for child care defined in this Act an d that are equally applicable to like institutions under the con trol of the Department and to foster family homes used by and under the direct supervision of the Department. The Department shall seek the advice and assistance of persons representative of the various types of child care facilities in establishin g such standards. The standards prescribed and published un der this Act take effect as provided in the Illinois Administ rative Procedure Act, and are restricted to regul ations pertaining to the following matters and to an y rules and regulations required or permitted by any other Section of this Act: ( 1) The operation and conduct of the facility and r esponsibility it assumes for child care; (2) The character, suitability and qualifications o f the applicant and other persons directly responsible for the care and welfare of children served. All child day care center licensees and employees who are required to r eport child abuse or neglect under the Abused and Neglec ted Child Reporting Act shall be required to attend training on recognizing child abuse and neglect, as presc ribed by Department rules; (3) The general financial ability and competence of the applicant to provide necessary care for children and to maintain prescribed standards;

(4) The number of individuals or staff required to insure adequate supervision and care of the children rece ived. The standards shall provide that each child car e institution, maternity center, day care center, group hom e, day care home, and group day care home shall have o n its premises during its hours of operation at least one s taff member certified in first aid, in the Heimlich mane uver and in cardiopulmonary resuscitation by the Amer ican Red Cross or other organization approved by rule of the Department. Child welfare agencies shall not be su bject to such a staffing requirement. The Department ma y offer, or arrange for the offering, on a periodic basis i n each community in this State in cooperation with the Amer ican Red Cross, the American Heart Association or oth er appropriate organization, voluntary programs to tra in operators of foster family homes and day care homes in first aid and cardiopulmonary resuscitation; (5) The appropriateness, safety, cleanliness, and g eneral adequacy of the premises, including maintenance o f adequate fire prevention and health standards conforming to State laws and municipal codes to provide for the phys ical comfort, care, and well-being of children received; (6) Provisio ns for food, clothing, educational oppo rtunities, program, equipment and individual supplies to assure the healthy physical, mental, and spiritual dev elopment of children served; (7) Provisions to safeguard the legal rights of chi ldren served; (8) M aintenance of records pertaining to the admiss ion, progress, health, and discharge of children, i ncluding, for day care centers and day care homes, recor ds indicating each child has been immunized as requi red by State regulations. The Department shall requi re proof that children enrolled in a facility have b een immunized against Haemophilus Influenzae B (HIB); (9) Filing of reports with the Department; (10) Discipline of children; (11) Protection and fostering of the particular rel igious faith of the children served; (12) Provisions prohibiting firearms on day care ce nter premises except in the possession of peace officer s; (13) Provisi ons prohibiting handguns on day care ho me premises except in the possession of peace officers or ot her adults who must possess a handgun as a condition of employment and who reside on the premises of a day care h ome; (14) Provisions requiring that any firearm permitte d on day care home premises, except handguns in the possess ion of peace officers, shall be kept in a disassem bled state, without ammunition, in locked storage , inaccessible to children and that ammunition permitted on day care home premises shall be kept in locked storage se parate from that of disassembled firearms, inaccessible to children; (15) Prov isions requiring notification of parents o r guardians enrolling children at a day care home of the pr esence in the day care home of any firearms and ammunit ion and of the arrangements for the separate, lock ed storage of such firearms and ammunition; (16) Provisions requiring all licensed child care facility employees who care for newborns and infants to complete training every 3 years on the nature of sudden u nexpected infant death (SUID), sudden infant death syndr ome (SIDS), and the safe sleep recommendations of th e American Academy of Pediatrics; and (17) With respect to foster family homes, provision s requiring the Department to review quality of care concer ns and to consider those concerns in determining wh ether a foster family home is qualified to care for chi ldren. By July 1, 2022, all license d day care home providers, li censed group day care home providers, and licensed day care center directors and classroom staff shall participate in at least one training that includes the topics of early chil dhood social emotional learning, infant and early childhood men tal health, early childhood trauma, or adverse childhood expe riences. Current licensed providers, directors, and c lassroom staff shall complete training by July 1, 2022 a nd shall participate in training that includes the above top ics at least once every 3 years. (b) If, i n a facility for general child care, there are c hildren diagnosed as mentally ill or children diagnosed as having an intellectual or physical disability, who are de termined to be in need of special mental treatment or o f nursing care, or both mental treatment and nursing care, the Department shall seek the advice and recommendation of th e Department of Human Services, the Department of Public He alth, or both Departments regarding the residential treatment a nd nursing care provided by the institution. (c) The Department shall investigate any person applying to be licensed as a foster parent to determine whether th ere is any evidence of current drug or alcohol abuse in the pros pective foster family. The Department shall not licen se a person as a foster parent if drug or alcohol abuse has be en identified in the foster family or if a reasonable suspic ion of such abuse exists, except that the Department may gran t a foster parent license to an applicant identified with an alcohol or drug problem if the applicant has successfully participated in an alcohol or drug treatment program, sel f-help group, or other suitable activities and i f the Department determines that the foster family home can pro vide a safe, appropriate environment and meet the physical and emotional needs of children. (d) The De partment, in applying standards prescribed and published, as herein provided, shall offer consultation t hrough employed staff or other qualified persons to assi st applicants and licensees in meeting and maintaining minim um requirements for a license and to help them otherwise to achieve programs of excellence related to the care of chi ldren served. Such consultation shall include providing informa tion concerning education and training in early childhood deve lopment to providers of day care home services. The D epartment may provide or arrange for such education and training for those providers who request such assistance.

(e) The Department shall distribute copies of licensing s tandards to all licensees and applicants for a license. Each licensee or holder of a permit shall distribute copies of the appropriate licensing standards and any other information required by the Department to child care facilities under its supervision. Each licensee or holder of a permit shall ma intain appropriate documentation of the distribution of the standards. Such documentation shall be part of the record s of the facility and subject to inspection by authorized repr esentatives of the Department. (f) The Department shall prepare summaries of day care li censing standards. Each licensee or holder of a permit for a day care facility shall distribute a copy of the appropri ate summary and any other information required by the Departm ent, to the legal guardian of each child cared for in that fac ility at the time when the child is enrolled or initially place d in the facility. The licensee or holder of a permit for a da y care facility shall secure appropriate documentation of the di stribution of the summary and brochure. Such documentat ion shall be a part of the records of the facility and subjec t to inspection by an authorized representative of the Departm ent. (g) The Department shall distribute to each licensee and holder of a permit copies of the licensing or permit stan dards applicable to such person's facility. Each licensee or ho lder of a permit shall make available by posting at all times in a common or otherwise accessible area a complete and curren t set of licensing standards in order that all employees of the facility may have unrestricted access to such standards. All employees of the facility shall have reviewed the standar ds and any subsequent changes. Each licensee or holder of a permit shall maintain appropriate documentation of the cu rrent review of licensing standards by all employees. Such reco rds shall be part of the records of the facility and subject to inspection by authorized representatives of the Departmen t. (h) Any standards involving physical examinations, immuni zation, or medical treatment shall include appropri ate exemptions for children whose parents object thereto on t he grounds that they conflict with the tenets and practices of a recognized church or religious organization, of which the parent is an adherent or member, and for children who sho uld not be subjected to immunization for clinical reasons. (i) The Department, in cooperation with the Department of Public Health, shall work to increase immunization awaren ess and participation among parents of children enrolled in d ay care centers and day care homes by publishing on the Depa rtment's website information about the benefits of im munization against vaccine preventable diseases, includ ing influenza and pertussis. The information for vaccine prev entable diseases shall include the incidence and seve rity of the diseases, the availability of vaccines, and the im portance of immunizing children and persons who frequen tly have close contact with children. The website content sha ll be reviewed annually in collaboration with the Department of Public Health to reflect the most current recommendations of the Advisory Committee on Immunization Practices (ACIP). The Department shall work with day care centers and day care homes licensed under this Act to ensure that the information is annually distributed to parents in August or September. (j) Any standard adopted by the Department that requires an applicant for a license to operate a day care home to include a copy of a high school diploma or equivalent cer tificate with the person's application shall be deemed to be satisfied if the applicant includes a copy of a high s chool diploma or equivalent certificate or a copy of a degree f rom an accredited institution of higher education or vocational institution or equivalent certificate.(Sou rce: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.) (Text of Section after amendment by P.A. 103-594) Sec. 7. (a) The Depar tment must prescribe and publish minimum standards for licensing that apply to the various types of facilities for child care defined in this Act (o ther than a child day care center, child day care home, or group child day care home) a nd that are equally applicable to like institutions under the control of the Department and to f oster family homes used by and under the direct supervision of the Department. The Department shall seek the advice and assi stance of persons representative of the various types of child care facilities in establishing such standards. The standards prescribed and published under this Act take ef fect as provided in the Illinois Administrative Procedure Act, and are restricted to regulations pertaining to the following matters and to any rules and regulations required or perm itted by any other Section of this Act:

(1) The operation and conduct of the facility and r esponsibility it assumes for child care; (2) The character, suitability and qualifications o f the applicant and other persons directly responsible for the care and welfare of children served.; (3) The general financial ability and competence of the applicant to provide necessary care for children and to maintain prescribed standards;

(4) The number of individuals or staff required to insure adequate supervision and care of the children rece ived. The standards shall provide that each child car e institution, maternity center, and group home shall have on its premises during its hours of operation at least on e staff member certified in first aid, in the Heimlich mane uver and in cardiopulmonary resuscitation by the Amer ican Red Cross or other organization approved by rule of the Department. Child welfare agencies shall not be su bject to such a staffing requirement. The Department ma y offer, or arrange for the offering, on a periodic basis i n each community in this State in cooperation with the Amer ican Red Cross, the American Heart Association or oth er appropriate organization, voluntary programs to tra in operators of foster family homes and child

day care homes in first aid and cardiopulmonary resuscitation; (5) The appropriateness, safety, cleanliness, and g eneral adequacy of the premises, including maintenance o f adequate fire prevention and health standards conforming to State laws and municipal codes to provide for the phys ical comfort, care, and well-being of children received; (6) Provisio ns for food, clothing, educational oppo rtunities, program, equipment and individual supplies to assure the healthy physical, mental, and spiritual dev elopment of children served; (7) Provisions to safeguard the legal rights of chi ldren served; (8) M aintenance of records pertaining to the admiss ion, progress, health, and discharge of children. T he Department shall require proof that children enrolled in a facility (other than a child day care center, child day care home, or group child day care home) have been immunized against Haemophilus Influenzae B (HIB); (9) Filing of reports with the Department; (10) Discipline of children; (11) Protection and fostering of the particular rel igious faith of the children served; (12) (Blank); (1 3) (Blank); (1 4) (Blank); (1 5) (Blank); (1 6) Provisions requiring all licensed child care f acility employees who care for newborns and infants to c omplete training every 3 years on the nature of sudden u nexpected infant death (SUID), sudden infant death syndr ome (SIDS), and the safe sleep recommendations of th e American Academy of Pediatrics (other than employees of a

child day care center,

child day care home, or group child day care home); and

(17) With respect to foster family homes, provision s requiring the Department to review quality of care concer ns and to consider those concerns in determining wh ether a foster family home is qualified to care for chi ldren. (b) If, in a facility for ge neral child care (other than a child day care center,

child day care home, or group child day care home), there are children diagnosed as mentally ill or children diagnosed as having an intellectual or physical disability, who are determined to be in need of special m ental treatment or of nursing care, or both mental treatment an d nursing care, the Department shall seek the advice and re commendation of the Department of Human Services, the D epartment of Public Health, or both Departments regardin g the residential treatment and nursing care provided by the in stitution. (c) The Department shall i nvestigate any person applying to be licensed as a foster parent to determine whether th ere is any evidence of current drug or alcohol abuse in the pros pective foster family. The Department shall not licen se a person as a foster parent if drug or alcohol abuse has be en identified in the foster family or if a reasonable suspic ion of such abuse exists, except that the Department may gran t a foster parent license to an applicant identified with an alcohol or drug problem if the applicant has successfully participated in an alcohol or drug treatment program, sel f-help group, or other suitable activities and i f the Department determines that the foster family home can pro vide a safe, appropriate environment and meet the physical and emotional needs of children. (d) The De partment, in applying standards prescribed and published, as herein provided, shall offer consultation t hrough employed staff or other qualified persons to assi st applicants and licensees (other than applicants and licen sees of a child day care center, child day care home, or group child day care home) in meeting and maintaining mi nimum requirements for a license and to help them otherwise to achieve progr ams of excellence related to the care of children served. Such c onsultation shall include providing information concerni ng education and training in early childhood development to providers of child day care home services. The Department may provide or arrange for such education and training for th ose providers who request such assistance (other than provide rs at a child day c are center, child day care home, or group child day care home). (e) The De partment shall distribute copies of licensing s tandards to all licensees and applicants for a license ( other than licensees and applicants of a child day care center, child day care home, o r group child day care home). Each licensee or holder of a permit shall distribute copies of the appropriate licensing standards and any other information required by the Department to child care facilities under its supervision. Each licensee or holder of a permit shall ma intain appropriate documentation of the distribution of the standards. Such documentation shall be part of the record s of the facility and subject to inspection by authorized repr esentatives of the Department. (f) (Blank). (g) The Department shall d istribute to each licensee and holder of a permit copies of the licensing or permit stan dards applicable to such person's child care

facility (other than a day care center, day care home, or group day care home). Each licensee or holder of a permit shall make available by po sting at all times in a common or otherwise accessible area a c omplete and current set of licensing standards in order that all employees of the facility may have unrestricted acces s to such standards. All employees of the child care facility shall have reviewed the standards and any subsequent changes. E ach licensee or holder of a permit shall maintain appropriate documentation of the current review of licensing standard s by all employees. Such records shall be part of the records of the child care facility an d subject to inspection by authorized representatives of the Department. (h) Any standards (other than standards of a chi ld day care center, child day care home, or group child day care home) involving physical examinations, immunization, or medical treatment shall include appropriate exemptions for childr en whose parents object thereto on the grounds that they con flict with the tenets and practices of a recognized church or r eligious organization, of which the parent is an adheren t or member, and for children who should not be subjected to i mmunization for clinical reasons. (i) (Blank). (j) (Blank).(Source: P.A. 102-4, eff . 4-27-21; 103-22, eff. 8-8-23; 103-594, eff. 7-1-26.) (225 ILCS 10/7.10) (Text of Section before amendment by P.A. 103-594) Sec. 7.10. Licensing orienta tion program and progress report. (a) For the purposes of this Section, "child day care lic ensing" or "day care licensing" means licensing of day care centers, day care homes, and group day care homes. (a-5) In addition to current day care training and subject to appropriations, the Department or any State agency tha t assumes day care center licensing responsibilities shall host licensing orientation programs to help educate potential day care center, day care home, and group day care home provi ders about the child day care licensing process. The programs shall be made available in person and virtually. The Department or its successor shall offer to host licensing orientation p rograms at least twice annually in each Representative D istrict in the State. Additionally, if one or more perso ns request that a program be offered in a language other tha n English, then the Department or its successor must accomm odate the request. (b) No later than Septemb er 30th of each year, the Depart ment shall provide the General Assembly with a comp rehensive report on its progress in meeting performan ce measures and goals related to child day care licensing. (c) The report shall include: (1) details on the funding for child day care licen sing, including:

(A) the total number of full-time emplo yees working on child day care licensing; (B) the names of all sources of revenue used to support child day care licensing;

(C) the amount of expenditures that is claime d against federal funding sources; (D) the identity of federal funding sources; and (E) how funds are appropriated, including app ropriations for line staff, support staff, supervisory staff, and training and other expenses and th e funding history of such licensing since fiscal year 2 010; (2) current staffing qualifications of day care lic ensing representatives and day care licensing supervis ors in comparison with staffing qualifications sp ecified in the job description;

(3) data history for fiscal year 2010 to the curren t fiscal year on day care licensing representative caseload s and staffing levels in all areas of the State; (4) per the DCFS Child Day Care Licensing Advisory Council's work plan, quarterly data on the following meas ures: (A) th e number and percentage of new applicat ions disposed of within 90 days;

(B) the percentage of licenses renewed on tim e; (C) the percentage of day care centers receiv ing timely annual monitoring visits; (D) the percentage of day care homes receivin g timely annual monitoring visits; (E) the percentage of group day care homes re ceiving timely annual monitoring visits; (F) the percentage of provider requests for s upervisory review; (G) the progress on adopting a key indicator system; (H) the percentage of complaints disposed of within 30 days;

(I) the average number of days a day care cen ter applicant must wait to attend a licensing orientation; (J) the number of licensing orientation sessi ons available per region in the past year; and (K) the number of Department trainings relate d to licensing and child development available to providers in the past year; and

(5) efforts to coordinate with the Department of Hu man Services and the State Board of Education on professional development, credentialing issues, and child developers, including training registry, child developers, and Qualit y Rating and Improvement Systems (QRIS). (d) The Department shall work with the Governor's appoint ed Early Learning Council on issues related to and concerning child day care.(Source: P.A. 10 3-805, eff. 1-1-25; 104 -307, eff. 1-1-26; 104-417, eff. 8-15-25.) (Text of Section after amendment by P.A. 103-594) Sec. 7.10. Licensing orienta tion program and progress report. (a) For the purposes of this Section, "child day care licensing" or " day care licensing" means licensing of child day care centers, child day care homes, and group child day care homes. (a-5) In addition to current day care training and subject to appropriations, the Department or any State agency tha t assumes day care center licensing responsibilities shall host licensing orientation programs to help educate potential day care center, day care home, and group day care home provi ders about the child day care licensi ng process. The programs shall be made available in person and virtually. The Department or its successor shall offer to host licensing orientation p rograms at least twice annually in each Representative D istrict in the State. Additionally, if one or more perso ns request that a program be offered in a language other tha n English, then the Department or its successor must accomm odate the request. (b) No later than Septemb er 30th of each year, the Depart ment of Early Childhood shall provide the General A ssembly with a comprehensive report on its progress in m eeting performance measures and goals related to child day care licensing. (c) The report shall in clude: (1) details on the funding for child da y care licensing, including:

(A) the total number of full-time emplo yees working on child day care licens ing; (B) the names of all sources of revenue used to support child day care licensing ; (C) the amount of expenditures that is claime d against federal funding sources; (D) the identity of federal funding sources; and (E) how funds are appropriated, including app ropriations for line staff, support staff, supervisory staff, and training and other expenses and th e funding history of such licensing since fiscal year 2 010; (2) current staffing qualifications of chi ld day care licensing representatives and child day care licensing supervisors in comparison with staffing qualifications sp ecified in the job description;

(3) data history for fiscal year 2010 to the curren t fiscal year on child day care licensing representative caseloads and staffing levels in all areas of the State; (4) per the DCFS Child Day Care Licensing Advisory Council's work plan, quarterly data on the following meas ures: (A) th e number and percentage of new applicat ions disposed of within 90 days;

(B) the percentage of licenses renewed on tim e; (C) the percentage of child day care centers receiving timely annual monitoring visits; (D) the percentage of child day care homes receiving timely annual monitoring visits; (E) the percentage of group child day care homes receiving timely annual monitoring visits; (F) the percentage of provider requests for s upervisory review; (G) the progress on adopting a key indicator system; (H) the percentage of complaints disposed of within 30 days;

(I) the average number of days a chi ld day care center applicant must wait to attend a licensing orientat ion; (J) the number of licensing orientation sessi ons available per region in the past year; and (K) the number of Department of Early Childho od trainings related to licensing and child development avai lable to providers in the past year; and (5) efforts to coordinate with the Department of Hu man Services and the State Board of Education on professional development, credentialing issues, and child developers, including training registry, child developers, and Qualit y Rating and Improvement Systems (QRIS). (d) The Department of Early Childhood shall work with the Governor's appointed Early Learning Council on issues rel ated to and concerning child day care .(Source: P.A. 103-594, eff. 7-1-26; 103 -805, eff. 1-1-25; 104-307, eff. 1-1-26; 104-417, ef f. 8-15-25.) (225 ILCS 10/8) (from Ch. 23, par. 22

18) (Text of Section before amendment by P.A. 103-594) Sec. 8. The Departmen t may revoke or refuse to renew the license of any child care facility or child welfare agenc y or refuse to issue full license to the holder of a permit sh ould the licensee or holder of a permit: (1) fail to maintain standards prescribed and publi shed by the Department; (2) violate any of the provisions of the license is sued; (3) furnish or make any misleading or any false sta tement or report to the Department; (4) refuse to submit to the Department any reports or refuse to make available to the Department any records re quired by the Department in making investigation of the facility for licensing purposes; (5) fail or refuse to submit to an investigation by the Department; (6) fa il or refuse to admit authorized representati ves of the Department at any reasonable time for the purpose of investigation; (7) fail to provide, maintain, equip and keep in sa fe and sanitary condition premises established or used for c hild care as required under standards prescribed by the Department, or as otherwise required by any law, regulati on or ordinance applicable to the location of suc h facility; (8) refuse t o display its license or permit;

(9) be the subject of an indicated report under Sec tion 3 of the Abused and Neglected Child Reporting Act or fail to discharge or sever affiliation with the child care facility of an employee or volunteer at the facility with direct contact with children who is the subject of a n indicated report under Section 3 of that Act; (10) fail to comply with the provisions of Section 7.1; (11) fail to exer cise reasonable care in the hiring , training and supervision of facility personnel; (12) fail to report suspected abuse or neglect of c hildren within the facility, as required by the Abused a nd Neglected Child Reporting Act; (12.5) fail to comply with subsection (c-5) o f Section 7.4; (13) fail to com ply with Section 5.1 or 5.2 of this Act; or (14) be identi fied in an investigation by the Depar tment as a person with a substance use disorder, as defined in the Substance Use Disorder Act, or be a person whom the Department knows has abused alcohol or drugs, an d has not successfully participated in treatment, self-help groups or other suitable activities, and the Department d etermines that because of such abuse the licensee, holde r of the permit, or any other person directly responsible f or the care and welfare of the children served, does not comply with standards relating to character, suitability or other qualifications established under Section 7 of th is Act.(Source: P.A. 100-759, eff. 1-1-19.) (Text of Section after amendment by P.A. 103-594) Sec. 8. The Departmen t may revoke or refuse to renew the license of any child care facility (other than a child day care center, child day care home, or group child day care home) or child welfare agency or refuse to issue full license to t he holder of a permit should the licensee or holder of a per mit: (1) fail to maintain standards prescribed and publi shed by the Department; (2) violate any of the provisions of the license is sued; (3) furnish or make any misleading or any false sta tement or report to the Department; (4) refuse to submit to the Department any reports or refuse to make available to the Department any records re quired by the Department in making investigation of the facility for licensing purposes; (5) fail or refuse to submit to an investigation by the Department; (6) fa il or refuse to admit authorized representati ves of the Department at any reasonable time for the purpose of investigation; (7) fail to provide, maintain, equip and keep in sa fe and sanitary condition premises established or used for c hild care as required under standards prescribed by the Department, or as otherwise required by any law, regulati on or ordinance applicable to the location of suc h facility; (8) refuse t o display its license or permit;

(9) be the subject of an indicated report under Sec tion 3 of the Abused and Neglected Child Reporting Act or fail to discharge or sever affiliation with the child care facility of an employee or volunteer at the facility with direct contact with children who is the subject of a n indicated report under Section 3 of that Act; (10) fail to comply with the provisions of Section 7.1; (11) fail to exer cise reasonable care in the hiring , training and supervision of facility personnel; (12) fail to report suspected abuse or neglect of c hildren within the facility, as required by the Abused a nd Neglected Child Reporting Act; (12.5) fail to comply with subsection (c-5) o f Section 7.4; (13) fail to com ply with Section 5.1 or 5.2 of this Act; or (14) be identi fied in an investigation by the Depar tment as a person with a substance use disorder, as defined in the Substance Use Disorder Act, or be a person whom the Department knows has abused alcohol or drugs, an d has not successfully participated in treatment, self-help groups or other suitable activities, and the Department d etermines that because of such abuse the licensee, holde r of the permit, or any other person directly responsible f or the care and welfare of the children served, does not comply with standards relating to character, suitability or other qualifications established under Section 7 of th is Act.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/8.1) (from Ch. 23, par.

2218.1) (Text of Section before amendment by P.A. 103-594) Sec. 8.1. The Departm ent shall revoke or refuse to renew the license of any child care facility or refuse to issue a full license to the holder of a permit should the license e or holder of a permit: (1 ) fail to correct any condition which jeopardizes the health, safety, morals, or welfare of children served by the facility; (2) f ail to correct any condition or occurrence rel ating to the operation or maintenance of the facility comprising a violation under Section 8 of this Act; or (3) fail to maintain financial resources adequate f or the satisfactory care of children served in regard to upk eep of premises, and provisions for personal care, med ical services, clothing, education and other essential s in the proper care, rearing and training of children.(Source: P.A. 83-1362.) (Text of Section after amendment by P.A. 103-594) Sec. 8.1. The Departm ent shall revoke or refuse to renew the license of any child care center, child care home, or group child care home facility (other tha n a day care center, day care home, or group day care home) or refuse to issue a full license to the holder of a permit should the licensee or holder of a permit: (1) fail to correct any condition which jeopardizes the health, safety, morals, or welfare of children served by the child care provider facility; (2) fail to correct any condition or occurrence rel ating to the operation or maintenance of the facility comprising a violation under Section 8 of this Act; or (3) fail to maintain financial resources adequate f or the satisfactory care of children served in regard to upk eep of premises, and provisions for personal care, med ical services, clothing, education and other essential s in the proper care, rearing and training of children.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/8.2) (from Ch. 23, par.

2218.2) (Text of Section before amendment by P.A. 103-594) Sec. 8.2. The Departm ent may issue a conditional license to any child care facility which currently is licensed un der this Act. The conditional license shall be a nonrenewable license for a period of 6 months and the Department shall revoke any other license held by the conditionally licens ed facility. Conditional licenses shall only be granted to f acilities where no threat to the health, safety, morals or welfare of the children served exists. A complete listing of deficiencies and a corrective plan approved by the Depart ment shall be in existence at the time a conditional license i s issued. Failure by the facility to correct the deficienci es or meet all licensing standards at the end of the conditiona l license period shall result in immediate revocation of or refusal to renew the facility's license as provided in Se ction 8.1 of this Act.(Source: P.A. 85-216 .)

(Text of Section after amendment by P.A. 103-594) Sec. 8.2. The Departm ent may issue a conditional license to any child care facility (other than a child day care center, child day care home, o r group child day care home) which currently is licensed under this Act. The conditional lic ense shall be a nonrenewable license for a period of 6 months and the Department shall revoke any other license held by the conditionally licensed child care facility. Conditional licenses shall only be granted to child cares facilities where no threat to the health, safety, morals or welfare of the children served exists. A complete listing of deficiencie s and a corrective plan approved by the Department shall be in existence at the time a conditional license is issued. Fa ilure by the facility to correct the deficiencies or meet all l icensing standards at the end of the conditional license period shall result in immediate revocation of or refusal to renew the facility's license as provided in Section 8.1 o f this Act.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/8.5) (Text of Section before amendment by P.A. 103-594) Sec. 8.5. Reporting suspecte d abuse or neglect. The Department shall address through rules and procedures the failure of individual staff at child care facilities or c hild welfare agencies to report suspected abuse or neglect of children within the child care facility as required by th e Abused and Neglected Child Reporting Act. The rules and procedures shall include provisions for whe n the Department learns of the child care facility's staff' s failure to report suspected abuse or neglect of children and the actions the Department will take to (i) ensure that t he child care facility takes immediate action with the indiv idual staff involved and (ii) investigate whether the failure t o report suspected abuse and neglect was a single incident or part of a larger incident involving additional staff memb ers who failed to report, or whether the failure to report su spected abuse and neglect is a system-wide proble m within the child care facility or child welfare agency. The rule s and procedures shall also include the use of corrective actio n plans and the use of supervisory teams to review staff an d facility understanding of their reporting requirements. The Department shall adopt rules by July 1, 2016.(Source: P.A. 99-350, eff. 1-1-16.) (Text of Section after amendment by P.A. 103-594) Sec. 8.5. Reporting suspecte d abuse or neglect; Department of Children and Family Services. T he Department shall address through rules and procedures the failure of individual st aff at child care facilities (other than a child day care center, child day care home, o r group child day care home) or child welfare agencies to report suspected abuse or neglect of children within the child care facility as required by th e Abused and Neglected Child Reporting Act. The rules and procedures shall include provisions for whe n the Department learns of the child care facility's staff' s failure to report suspected abuse or neglect of children and the actions the Department will take to (i) ensure that t he child care facility takes immediate action with the indiv idual staff involved and (ii) investigate whether the failure t o report suspected abuse and neglect was a single incident or part of a larger incident involving additional staff memb ers who failed to report, or whether the failure to report su spected abuse and neglect is a system-wide proble m within the child care facility or child welfare agency. The rule s and procedures shall also include the use of corrective actio n plans and the use of supervisory teams to review staff an d facility understanding of their reporting requirements. The Department shall adopt rules by July 1, 2016.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/8a) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 8a. Grounds for revocat ion or refusal to renew license; Department of Early Childhood. The Department of Early Childhood may revoke or refuse to renew the license of any child day care center, child day care home, or group child day care home or refuse to issue full licens e to the holder of a permit should the licensee or holder of a permit: (1) fail to maintain standards prescribed and publi shed by the Department of Early Childhood; (2) violate any of the provisions of the license is sued; (3) furnish or make any misleading or any false sta tement or report to the Department of Early Childhood;

(4) refuse to submit Department of Early Childhood any reports or refuse to make available Department of Early C hildhood any records required by the Department of Early Childhood in making investigation of the facility for lic ensing purposes; (5 ) fail or refuse to submit to an investigation by the Department of Early Childhood; (6) fail or refuse to admit authorized representati ves of the Department of Early Childhood at any reasonable ti me for the purpose of investigation; (7) fail to provide, maintain, equip and keep in sa fe and sanitary condition premises established or used for c hild care as required under standards prescribed by the Department of Early Childhood or as otherwise required by any law, regulation or ordinance applicable to the locati on of such facility; (8) refuse to display its license or permit;

(9) be the subject of an indicated report under Sec tion 3 of the Abused and Neglected Child Reporting Act or fail to discharge or sever affiliation with the child day care center, child day care home, or group child day care home of an employee or volunteer at the chi ld day care center, child day care home, or group child day care home with direct contact with children who is the subject of a n indicated report under Section 3 of that Act; (10) fail to comply with the provisions of Section 7.1; (11) fail to exer cise reasonable care in the hiring , training and supervision of facility personnel; (12) fail to report suspected abuse or neglect of c hildren within the facility, as required by the Abused a nd Neglected Child Reporting Act; (12.5) fail to comply with subsection (c-5) o f Section 7.4; (13) fail to comp ly with Section 5.1 or 5.2 of this Act; or (14) be identi fied in an investigation by the Depar tment of Early Childhood as a person with a substanc e use disorder, as defined in the Substance Use Disorder Ac t, or be a person whom the Department of Early Childhoo d knows has abused alcohol or drugs, and has not successful ly participated in treatment, self-help g roups or other suitable activities, and the Department of Early Childhood determines that because of such abuse the licen see, holder of the permit, or any other person direc tly responsible for the care and welfare of the chil dren served, does not comply with standards relating to character, suitability or other qualifications establi shed under Section 7.01 of this Act.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/8.1a) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 8.1a. Other grounds for revocation or refusal to renew license; Department of Early Childhood. The Department of Early Childhood shall revoke or refuse to renew the li cense of any child day care center, child day care home, or group child day care home or refuse to issue a full license to the holder of a permit should the licensee or holder of a per mit: (1) fail to correct any condition which jeopardizes the health, safety, morals, or welfare of children served by the facility; (2) f ail to correct any condition or occurrence rel ating to the operation or maintenance of the facility comprising a violation under Section 8a of this Act; or (3) fail to maintain financial resources adequate f or the satisfactory care of children served in regard to upk eep of premises, and provisions for personal care, med ical services, clothing, education and other essential s in the proper care, rearing and training of children.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/8.2a) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 8.2a. Conditional licen se; Department of Early Childhood. The Department of Early Childhood may issue a conditional license to any child day care center, child day care home, or group child day care home which currently is licensed under this Act. The conditional license shall be a nonrenewable license for a period of 6 months and the Dep artment of Early Childhood shall revoke any other lice nse held by the conditionally licensed facility. Conditional licenses shall only be granted to facilities where no thr eat to the health, safety, morals or welfare of the children served exists. A complete listing of deficiencies and a c orrective plan approved by the Department of Early Child hood shall be in existence at the time a conditional license i s issued. Failure by the facility to correct the deficienci es or meet all licensing standards at the end of the conditiona l license period shall result in immediate revocation of or refusal to renew the facility's license as provided in Se ction 8.1a of this Act.(Source: P.A. 103-5 94, eff. 7-1-26.) (225 ILCS 10/8.6) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 8.6. Reporting suspecte d abuse or neglect; Department of Early Childhood. The Department of Early Childhood shall address through rules and procedures the failure of indiv idual staff at child day care centers, child day care homes, and group child day care homes to report suspected abuse or neglect of children within the child care fac ility as required by the Abused and Neglected Child Reporting Act. The rules and procedures shall include provisions for whe n the Department of Early Childhood learns of the child care's care facility's staff's failure to report su spected abuse or neglect of children and the actions the Department of Ear ly Childhood will take to (i) ensure that the child care facility takes immediate action with the individual staff involved and (ii) investigate whether the failure to report suspected abuse and neglect was a single incident or part of a larger inc ident involving additional staff members who failed to report, or whether the failure to report suspected abuse and neglect is a system-wide problem within the child care facility. The rules and procedures shall also include the use of corrective a ction plans and the use of supervisory teams to review staff an d child care facility un derstanding of their reporting requirements. The Department of Early C hildhood shall adopt rules to ad minister this Section.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/9) (from Ch. 23, par. 22

19) (Text of Section before amendment by P.A. 103-594) Sec. 9. Prior to revo cation or refusal to renew a license, the Department shall notify the licensee by registered ma il with postage prepaid, at the address specified on the lic ense, or at the address of the ranking or presiding officer of a board of directors, or any equivalent body conducting a c hild care facility, of the contemplated action and that the li censee may, within 10 days of such notification, dating from the postmark of the registered mail, request in writing a public hearing before the Department, and, at the same ti me, may request a written statement of charges from the Depar tment. (a) Upon written request by the licensee, the Department shall furnish such written statement of charges, and, at the same time, shall set the date and place for the hearing. The charges and notice of the hearing shall be delivered by r egistered mail with postage prepaid, and the hearing mus t be held within 30 days, dating from the date of the postmark of the registered mail, except that notification must be mad e at least 15 days in advance of the date set for the hearing.

(b) If no request for a hearing is made within 10 days af ter notification, or if the Department determines, upon holding a hearing, that the license should be revoked or renewal denied, then the license shall be revoked or rene wal denied. (c) Upon the hearing of proceed ings in which the license is revoked, renewal of license is refused or full license is denied, the Director of the Department, or any officer or employee duly authorized by the Director in writing, may administer oaths and the Department may procure, by its s ubpoena, the attendance of witnesses and the production of relevant books and papers. (d) At the t ime and place designated, the Director of the Department or the officer or employee authorized by the D irector in writing, shall hear the charges, and both the Department and the licensee shall be allowed to present i n person or by counsel such statements, testimony and evide nce as may be pertinent to the charges or to the defense ther eto. The hearing officer may continue such hearing from time t o time, but not to exceed a single period of 30 days, unles s special extenuating circumstances make further continuanc e feasible.(Source: P.A. 103-22, eff. 8-8-23.) (Text of Section after amendment by P.A. 103-594) Sec. 9. Prior to revo cation or refusal to renew a license (other than a license of a child day care center, child day care home, or group child day care home), the Department shall notify the licensee by registered mail with postage prepa id, at the address specified on the license, or at the addres s of the ranking or presiding officer of a board of directors, or any equivalent body conducting a child care facility, of the contemplated action and that the licensee may, within 10 days of such notification, dating from the postmark of the reg istered mail, request in writing a public hearing befo re the Department, and, at the same time, may request a writ ten statement of charges from the Department. (a) Upon written request by the licensee, the Department shall furnish such written statement of charges, and, at the same time, shall set the date and place for the hearing. The charges and notice of the hearing shall be delivered by r egistered mail with postage prepaid, and the hearing mus t be held within 30 days, dating from the date of the postmark of the registered mail, except that notification must be mad e at least 15 days in advance of the date set for the hearing.

(b) If no request for a hearing is made within 10 days af ter notification, or if the Department determines, upon holding a hearing, that the license should be revoked or renewal denied, then the license shall be revoked or rene wal denied. (c) Upon the hearing of proceed ings in which the license is revoked, renewal of license is refused or full license is denied, the Director of the Department, or any officer or employee duly authorized by the Director in writing, may administer oaths and the Department may procure, by its s ubpoena, the attendance of witnesses and the production of relevant books and papers. (d) At the t ime and place designated, the Director of the Department or the officer or employee authorized by the D irector in writing, shall hear the charges, and both the Department and the licensee shall be allowed to present i n person or by counsel such statements, testimony and evide nce as may be pertinent to the charges or to the defense ther eto. The hearing officer may continue such hearing from time t o time, but not to exceed a single period of 30 days, unles s special extenuating circumstances make further continuanc e feasible.(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26.) (225 ILCS 10/9.01) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 9.01. Revocation or ref usal to renew a license; Department of Early Childhood. Pri or to revocation or refusal to renew a license of a child day care center, child day care home, or group child day care home, the Department of Early Childhood shall notify the licensee by registered mail wi th postage prepaid, at the address specified on the license, or at the address of the ranking or presiding officer of a b oard of directors, or any equivalent body conducting a child day care center, day care home, or g roup child day care home, of the contemplated action and that the licensee may, within 10 days of such notification, dating from the postmark of th e registered mail, request in writing a public hearing befo re the Department of Early Childhood, and, at the same time, may request a written statement of charges from the Departmen t of Early Childhood. (a) Upon written reque st by the licensee, the Department of Early Childhood shall furnish such written statement o f charges, and, at the same time, shall set the date and pl ace for the hearing. The charges and notice of the hearing sh all be delivered by registered mail with postage prepaid, and th e hearing must be held within 30 days, dating from the date of the postmark of the registered mail, except that notifica tion must be made at least 15 days in advance of the date set for the hearing. (b) If no request for a he aring is made within 10 days af ter notification, or if the Department of Early Childho od determines, upon holding a hearing, that the license shou ld be revoked or renewal denied, then the license shall be revo ked or renewal denied. (c) Upon the hearing of proceedings in which the license is revoked, renewal of license is refused, or full licens e is denied, the Secretary of Early Childhood, or any officer or employee duly authorized by the Secretary in writing, may administer oaths and the Department of Early Childhood ma y procure, by its subpoena, the attendance of witnesses and the production of relevant books and papers. (d) At the time and place designated, the Secretary of Ea rly Childhood or the officer or employee authorized by the Secretary in writing shall hear the charges, and both the Department of Early Childhood and the licensee shall be a llowed to present in person or by counsel such statement s, testimony, and evidence as may be pertinent to the charge s or to the defense thereto. The hearing officer may continue such hearing from time to time, but not to exceed a single per iod of 30 days, unless special extenuating circumstances make fu rther continuance feasible.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/9.1c) (Text of Section before amendment by P.A. 103-594) Sec. 9.1c. Public database o f child day care homes, group child day care homes, and child day care centers; license status. No later than July 1, 2018 , the Department shall establish and maintain on its official website a searchab le database, freely accessible to the public, that provides the following information on each child day care home, group child day care home, and child day care center licensed by the Department: whether, within the past 5 years, the day car e home, group day care home, or day care center has had its license revoked by or surrendered to the Department durin g a child abuse or neglect investigation or its application f or a renewal of its license was denied by the Department, and, if so, the dates upon which the license was revoked by or su rrendered to the Department or the application for a re newal of the license was denied by the Department. The Departme nt may adopt any rules necessary to implement this Section. Nothing in this Section shall be construed to allow or au thorize the Department to release or disclose any infor mation that is prohibited from public disclosure und er this Act or under any other State or federal law.(Source: P.A. 100-52, eff. 1-1-18.) (Text of Section after amendment by P.A. 103-594) Sec. 9.1c. Public database o f child day care homes, group child day care homes, and child day care centers; license status. The Department of Early Ch ildhood shall establish and maintain on its official website a searchable database, f reely accessible to the public, that provides the following inf ormation on each child day care home, group child day care home, and child day care center licensed by the Department of Early Childhood: whether, within the past 5 years, the child day care home, group child day care home, or child day care center has had its license revoked by or surrendered to t he Department of Children and Family Services or the Departm ent of Early Childhood during a child abuse or neglect invest igation or its application for a renewal of its lic ense was denied by the Department of Children and Family Servi ces or the Department of Early Childhood, and, if so, the dat es upon which the license was revoked by or surrendered to t he Department of Children and Family Services or the Departm ent of Early Childhood or the application for a renewal of th e license was denied by the Department of Children and Fami ly Services or the Department of Early Childhood. The Depart ment of Early Childhood may adopt any rules necessary to imple ment this Section. Nothing in this Section shall be construed to allow or authorize the Department of Early Childhood to r elease or disclose any information that is prohibited fr om public disclosure under this Act or under any other State or federal law.(Source: P.A. 103-594, e ff. 7-1-26.) (225 ILCS 10/9.2) (Text of Section before amendment by P.A. 103-594) Sec. 9.2. Toll free number; day care information. The Department of Children and Family Services shall establis h and maintain a statewide toll-free telephone number tha t all persons may use to inquire about the past history and rec ord of a day care facility operating in this State. The past his tory and record shall include, but shall not be limited to, De partment substantiated complaints against a day care fa cility and Department staff findings of license violati ons by a day care facility. Information disclosed in accordan ce with this Section shall be subject to the confidentiality requirements provided in this Act.(Source: P.A. 90-671, eff. 1-1-99.) (Text of Section after amendment by P.A. 103-594) Sec. 9.2. Toll free number; child day care information. The Department of Children and Family Services and the De partment of Early Childhood shall establish and maintai n statewide toll-free telephone numbers that all pers ons may use to inquire about the past history and record of a child day care facility operating in this State under the jurisdict ion of each of the Departments. The past history and record s hall include, but shall not be limited to, Department substant iated complaints by each Department against a child day care facility and staff findings by each Department of license violations by a child day care facility. Information disclosed in accordance with this Section shall be subject to the c onfidentiality requirements provided in this Act.

(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/10) (from Ch. 23, par. 2

220) (Text of Section before amendment by P.A. 103-594) Sec. 10. Any circuit court, upon application either of the person requesting a hearing or of the Department, may req uire the attendance of witnesses and the production of relevan t books and papers before the Department in any hearing rel ating to the refusal or revocation of licenses. The refusal or neglect to obey the order of the court compelling the att endance or production, is punishable as in other cases of contempt.(Source: P.A. 83-334.)

(Text of Section after amendment by P.A. 103-594) Sec. 10. Any circuit court, upon application either of the person requesting a hearing or of the Departm ent of Children and Family Services or the Department of Ear ly Childhood, may require the attendance of witnesses and the production of relevant books and papers before the Departme nt of Children and Family Services or the Department of Ear ly Childhood in any hearing relating to the refusal to renew or the revocation of licenses. The refusal or neglect to obey the order of the court compelling the attendance or production, is punisha ble as in other cases of contempt.(Source: P.A . 103-594, eff. 7-1-26.) (225 ILCS 10/11.2) (from Ch. 23, par.

2221.2) (Text of Section before amendment by P.A. 103-594) Sec. 11.2. Whenever t he Department expressly finds that the continued operation of a child care facility, includi ng such facilities defined in Section 2.10 and unlicensed fa cilities, jeopardizes the health, safety, morals, or we lfare of children served by the facility, the Department shall issue an order of closure directing that the operation of the f acility terminate immediately, and, if applicable, shall initiate revocation proceedings under Section 9 within te n working days. A facility closed under this Section may no t operate during the pendency of any proceeding for the jud icial review of the decision of the Department to issue an orde r of closure or to revoke or refuse to renew the license, exce pt under court order.(Source: P.A. 85-2 16.)

(Text of Section after amendment by P.A. 103-594) Sec. 11.2. Whenever t he Department expressly finds that the continued operation of a child care facility, includi ng such facilities defined in Section 2.10 and unlicensed fa cilities, jeopardizes the health, safety, morals, or we lfare of children served by the facility, the Department shall issue an order of closure directing that the operation of the f acility terminate immediately, and, if applicable, shall initiate revocation proceedings under Section 9 within te n working days. A facility closed under this Section may no t operate during the pendency of any proceeding for the jud icial review of the decision of the Department to issue an orde r of closure or to revoke or refuse to renew the license, exce pt under court order. This Section does no t apply to unlicensed facilities that qualify for an exemption under Section 2.10, chi ld day care centers, child day care homes, and group child day care homes. (Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/11.3) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 11.3. Order of closure; Department of Early Childhood. Whenever the Department of Early Childhood expressly finds that the continued operation of a child day care center, child day care home, or group child day care home, including a facility defined in Section 2.10 and an unlic ensed facility, jeopardizes the health, safety, morals, or welf are of children served by the facility, the Department of Ear ly Childhood shall issue an order of closure directing that the operation of the facility terminate immediately, and, if applicable, shall initiate revocation proceedings under S ection 9.01 within 10 working days. A facility closed un der this Section may not operate during the pendency of any p roceeding for the judicial review of the decision of the Department of Early Childhood to issue an order of closur e or to revoke or refuse to renew the license, except under co urt order.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/12) (from Ch. 23, par. 2

222) (Text of Section before amendment by P.A. 103-594) Sec. 12. Advertisements. (a) In this Section, "advertise" means communication by a ny public medium originating or distributed in this Stat e, including, but not limited to, newspapers, periodicals, t elephone book listings, outdoor advertising signs, radio , or television. (b) A child care facility o r child welfare agency license d or operating under a permit issued by the Department may publish advertisements for the services that the facility is specifically licensed or issued a permit under this Act t o provide. A person, group of persons, agency, association, organization, corporation, institution, center, or group who advertises or causes to be published any advertisement of fering, soliciting, or promising to perform adoption se rvices as defined in Section 2.24 of this Act is guilty of a Class A misdemeanor and shall be subject to a fine not to exceed $10,000 or 9 months imprisonment for each advertis ement, unless that person, group of persons, agen cy, association, organization, corporation, institution, cent er, or group is (i) licensed or operating under a permit issu ed by the Department as a child care facility or child welfare agency, (ii) a birth parent or a prospective adoptive par ent acting on the birth parent's or prospective adoptive pare nt's own behalf, or (iii) a licensed attorney advertising the licensed attorney's availability to provide legal service s relating to adoption, as permitted by law. (c) Every advertisement published after the effective dat e of this amendatory Act of the 94th General Assembly shall include the Department-issued license number of the facility or agency. (d) Any licensed child welfa re agency providing adoption services that, after the effective date of this amendator y Act of the 94th General Assembly, causes to be published an a dvertisement containing reckless or intentional misrepre sentations concerning adoption services or circum stances material to the placement of a child for ad option is guilty of a Class A misdemeanor and is subjec t to a fine not to exceed $10,000 or 9 months imprisonment for e ach advertisement. (e) An out-of-state agency that is not licens ed in Illinois and that has a written interagency agreement wit h one or more Illinois licensed child welfare agencies may adve rtise under this Section, provided that (i) the out-of-state agency must be officially recognized by the United States Intern al Revenue Service as a tax-exempt organization under 501(c)(3) of the Internal Revenue Code of 1986 (or any successor pr ovision of federal tax law), (ii) the out-of-state agency provides only international adoption services and is cove red by the Intercountry Adoption Act of 2000, (iii) the out-of-state agency displays, in the advertis ement, the license number of at least one of the Illinois licensed c hild welfare agencies with which it has a written agreement, a nd (iv) the advertisements pertain only to international ado ption services. Subsection (d) of this Section shall apply to a ny out-of-state agencies described in this subse ction (e). (f) An advertiser, publisher, or broadcaster, including, but not limited to, newspapers, periodicals, telephone bo ok publishers, outdoor advertising signs, radio stations, or television stations, who knowingly or recklessly advertis es or publishes any advertisement offering, soliciting, or prom ising to perform adoption services, as defined in Section 2.24 of this Act, on behalf of a person, group of persons, agency , association, organization, corporation, institution, cent er, or group, not authorized to advertise under subsection (b ) or subsection (e) of this Section, is guilty of a Class A mi sdemeanor and is subject to a fine not to exceed $10,00 0 or 9 months imprisonment for each advertisement. (g) The Department shall maintain a website listing child welfare agencies licensed by the Department that provide adoption services and other general information for birth parents and adoptive parents. The website shall include, but not be limited to, agency addresses, phone numbers, e-mail addresses, website addresses, annual reports as reference d in Section 7.6 of this Act, agency license numbers, the Birt h Parent Bill of Rights, the Adoptive Parents Bill of Right s, and the Department's complaint registry established under Section 9.1a of this Act. The Department shall adopt any rules necessary to implement this Section. (h ) Nothing in this Act shall prohibit a day care agency, day care center, day care home, or group day care home th at does not provide or perform adoption services, as defined in Section 2.24 of this Act, from advertising or marketing t he day care agency, day care center, day care home, or group day care home. (Source: P.A. 103-22, eff . 8-8-23.) (Text of Section after amendment by P.A. 103-594) Sec. 12. Advertisements; Dep artment of Children and Family Services. (a) In this Section, "advertise" means communication by a ny public medium originating or distributed in this Stat e, including, but not limited to, newspapers, periodicals, t elephone book listings, outdoor advertising signs, radio , or television. (b) With the exception of child day care centers, child day care homes, and group child day care homes, a child care facility or child welfare agency licensed or operating un der a permit issued by the Department may publish advertisement s for the services that the facility is specifically licensed o r issued a permit under this Act to provide. A person, group of persons, agency, association, organization, corporation, institution, center, or group who advertises or causes to be published any advertisement offering, soliciting, or prom ising to perform adoption services as defined in Section 2.24 o f this Act is guilty of a Class A misdemeanor and shall be subject to a fine not to exceed $10,000 or 9 months impri sonment for each advertisement, unless that person, group of persons, agency, association, organization, corporatio n, institution, center, or group is (i) licensed or operatin g under a permit issued by the Department as a child care f acility or child welfare agency, (ii) a birth parent or a prospective adoptive parent acting on the birth parent's or prospective adoptive parent's own behalf, or (iii) a lice nsed attorney advertising the licensed attorney's availability to provide legal services relating to adoption, as permitted by law. (c) Every advertiseme nt published after the effective dat e of this amendatory Act of the 94th General Assembly shall include the Department-issued license number of the facility or agency. (d) Any licensed child welfa re agency providing adoption services that, after the effective date of this amendator y Act of the 94th General Assembly, causes to be published an a dvertisement containing reckless or intentional misrepre sentations concerning adoption services or circum stances material to the placement of a child for ad option is guilty of a Class A misdemeanor and is subjec t to a fine not to exceed $10,000 or 9 months imprisonment for e ach advertisement. (e) An out-of-state agency that is not licens ed in Illinois and that has a written interagency agreement wit h one or more Illinois licensed child welfare agencies may adve rtise under this Section, provided that (i) the out-of-state agency must be officially recognized by the United States Intern al Revenue Service as a tax-exempt organization under 501(c)(3) of the Internal Revenue Code of 1986 (or any successor pr ovision of federal tax law), (ii) the out-of-state agency provides only international adoption services and is cove red by the Intercountry Adoption Act of 2000, (iii) the out-of-state agency displays, in the advertis ement, the license number of at least one of the Illinois licensed c hild welfare agencies with which it has a written agreement, a nd (iv) the advertisements pertain only to international ado ption services. Subsection (d) of this Section shall apply to a ny out-of-state agencies described in this subse ction (e). (f) An advertiser, publisher, or broadcaster, including, but not limited to, newspapers, periodicals, telephone bo ok publishers, outdoor advertising signs, radio stations, or television stations, who knowingly or recklessly advertis es or publishes any advertisement offering, soliciting, or prom ising to perform adoption services, as defined in Section 2.24 of this Act, on behalf of a person, group of persons, agency , association, organization, corporation, institution, cent er, or group, not authorized to advertise under subsection (b ) or subsection (e) of this Section, is guilty of a Class A mi sdemeanor and is subject to a fine not to exceed $10,00 0 or 9 months imprisonment for each advertisement. (g) The Department shall maintain a website listing child welfare agencies licensed by the Department that provide adoption services and other general information for birth parents and adoptive parents. The website shall include, but not be limited to, agency addresses, phone numbers, e-mail addresses, website addresses, annual reports as reference d in Section 7.6 of this Act, agency license numbers, the Birt h Parent Bill of Rights, the Adoptive Parents Bill of Right s, and the Department's complaint registry established under Section 9.1a of this Act. The Department shall adopt any rules necessary to implement this Section. (h ) (Blank). (Source: P.A. 103-22, e ff. 8-8-23; 103-594, eff. 7-1-26.) (225 ILCS 10/12.1) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 12.1. Advertisements; D epartment of Early Childhood. (a) In this Section, "advertise" means communication by a ny public medium originating or distributed in this Stat e, including, but not limited to, newspapers, periodicals, t elephone book listings, outdoor advertising signs, radio , or television. (b) A child day care center, child day care home, or group child day care home li censed or operating under a permit issued by the Department of Early Childhood may publish a dvertisements for the services that the child day care center, child day care home, or group child day care home is specifically licensed or issued a permit under this Act t o provide. A person, group of persons, agency, association, organization, corporation, institution, center, or group that advertises or causes to be published any advertisement of fering, soliciting, or promising to perform adoption se rvices as defined in Section 2.24 of this Act is guilty of a Class A misdemeanor and shall be subject to a fine not to exceed $10,000 or 9 months' imprisonment for each adverti sement, unless that person, group of persons, agen cy, association, organization, corporation, institution, cent er, or group is licensed or operating under a permit issued b y Department of Early Childhood as a child day care center, child day care home, o r group child day care home, as permitted by law. (c) Every advertisement publish ed after the effective dat e of this amendatory Act of the 103rd General Assembly shal l include the Department of Early Childhood license number of the facility or agency.(Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/15) (from Ch. 23, par. 2

225) (Text of Section before amendment by P.A. 103-594) Sec. 15. Every child care facility must keep and maintain such records as the Department may prescribe pertaining t o the admission, progress, health and discharge of children und er the care of the facility and shall report relative theret o to the Department whenever called for, upon forms prescribed by the Department. All records regarding children and all fa cts learned about children and their relatives must be kept c onfidential both by the child care facility and by the D epartment. Nothing contained in this A ct prevents the sharing or dis closure of information or records relating or pertaini ng to juveniles subject to the provisions of the Serious Habitu al Offender Comprehensive Action Program when that informati on is used to assist in the early identification and treatment of habitual juvenile offenders. Nothing co ntained in this Act prevents the disclosure of information or records by a licensed child welfare agency as required under subsection (c-5) of Section 7.4. (Source: P.A. 94-1010, eff. 10-1-06.) (Text of Section after amendment by P.A. 103-594) Sec. 15. With the exc eption of child day care centers, child day care homes, and group child day care homes, every child care facility must keep and maintain such records a s the Department may prescribe pertaining to the admission, pro gress, health and discharge of children under the care of the facility and shall report relative thereto to the Dep artment whenever called for, upon forms prescribed by the Department. All records regarding children and all facts learned about children and their relatives must be kept c onfidential both by the child care facility and by the D epartment. Nothing contained in this A ct prevents the sharing or dis closure of information or records relating or pertaini ng to juveniles subject to the provisions of the Serious Habitu al Offender Comprehensive Action Program when that informati on is used to assist in the early identification and treatment of habitual juvenile offenders. Nothing co ntained in this Act prevents the disclosure of information or records by a licensed child welfare agency as required under subsection (c-5) of Section 7.4. (Source: P.A. 103-594, eff. 7-1-26.) (225 ILCS 10/15.1) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 15.1. Records; confiden tiality; Department of Early Childhood. Every child day care center, child day care home, and group child day care home must keep and maintain such records as the Department of Early Childhood may prescrib e pertaining to the admission, progress, health and dischar ge of children under the care of the child day care center, child day care home, or group child day care home, and shall report relative thereto to the Department of Early Childhood whe never called for, upon forms prescribed by the Department of Ea rly Childhood. All records regarding children and all facts l earned about children and their relatives must be kept c onfidential both by the child day care center, child day care home, or group child day care home and by the Department of Early Childhood.(Source: P.A. 103-59 4, eff. 7-1-26.) (225 ILCS 10/18) (from Ch. 23, par. 2

228) (Text of Section before amendment by P.A. 103-594) Sec. 18. Any person, group of persons, association, or corporation that: (1) conducts, operates, or acts as a child care fac ility without a license or permit to do so in violatio n of Section 3 of this Act; (2) makes materially false statements in order to o btain a license or permit;

(3) fails to keep the records and make the reports provided under this Act; (4) advertises any service not authorized by licens e or permit held; (5) pu blishes any advertisement in violation of thi s Act; (6) receives with in this State any child in violati on of Section 16 of this Act; or (7) violates any other provision of this Act or any reasonable rule or regulation adopted and published by th e Department for the enforcement of the provisions of this Act; is guilty of a Class A misdemeanor and, in case of an ass ociation or corporation, imprisonment may be imposed u pon its officers who knowingly participated in the violation.

Any child care facility that continues to operate after i ts license is revoked under Section 8 of this Act or aft er its license expires and the Department refused to renew the l icense as provided in Section 8 of this Act is guilty of a business offense and shall be fined an amount in excess o f $500 but not exceeding $10,000, and each day of violation is a separate offense. In a prosecution unde r this Act, a defendant who relies u pon the relationship of any child to the defendant has t he burden of proof as to that relationship.(S ource: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24; 104-417, eff. 8-15-25.) (Text of Section after amendment by P.A. 103-594) Sec. 18. Any person, group of persons, association, or corporation that, with respect to a child care facility o ther than a child day care center, child day care home, or group child day care home: (1) conducts, operates, or acts as a child ca re facility without a license or permit to do so in violatio n of Section 3 of this Act; (2) makes materially false statements in orde r to obtain a license or permit;

(3) fails to keep the records and make the re ports provided under this Act; (4) advertises any service not authorized by license or permit held; (5) publishes any advertisement in violation of this Act; (6) re ceives within this State any child in v iolation of Section 16 of this Act; or (7) violates any other provision of this Act or any reasonable rule or regulation adopted and published b y the Department for the enforcement of the pr ovisions of this Act;is guilty of a Class A misdemeanor and, in case of an ass ociation or corporation, imprisonment may be imposed u pon its officers who knowingly participated in the violation.

Any child care facility (other than a child day care center, child day care home, or group child day care home) that continues to operate after its license is revoked under S ection 8 of this Act or after its license expires and th e Department refused to renew the license as provided in Se ction 8 of this Act is guilty of a business offense and shall b e fined an amount in excess of $500 but not exceeding $10,0 00, and each day of violation is a separate offense. In a prosecution under this Act, a defendant who relies u pon the relationship of any child to the defendant has t he burden of proof as to that relationship.(S ource: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26; 103-605, eff. 7-1-24; 104-417, ef f. 8-15-25.) (225 ILCS 10/18.1) (This Section may contain text from a Public Act with a d elayed effective date)

Sec. 18.1. Violations; child day care center, child day care home, or group child day care home. Any person, group of persons, association, or corporation that: (1) conducts, operates, or acts as a child

day care center, child day care home, or group child day care home without a license or permit to do so in violation of Sect ion 3.01 of this Act; (2) makes materially false statements in order to o btain a license or permit;

(3) fails to keep the records and make the reports provided under this Act; (4) advertises any service not authorized by licens e or permit held; (5) pu blishes any advertisement in violation of thi s Act; (6) receives with in this State any child in violati on of Section 16.1 of this Act; or (7) violates any other provision of this Act or any reasonable rule or regulation adopted and published by th e Department of Early Childhood for the enforcement of the provisions of this Act;is guilty of a Class A misdemeanor and, in the case of an association or corporation, imprisonment may be imposed u pon its officers who knowingly participated in the violation.

Any child day care center, child day care home, or group child day care home th at continues to operate after its license is revoked under Section 8 or 8a of this Act or a fter its license expires and the Department of Early Childhood refused to renew the license as provided in Section 8 or 8a of this Act is guilty of a business offense and shall be fin ed an amount in excess of $500 but not exceeding $10,000. Each day of violation is a separate offense. In a p rosecution under this Act, a defendant who relies u pon the relationship of any child to the defendant has t he burden of proof as to that relationship.(S ource: P.A. 103-594, eff. 7-1-26; 104 -417, eff. 8-15-25.) (225 ILCS 10/3.7 rep.)(225 ILCS 10/16.1 rep.) Section 184. The Child Care Act of 196 9 is amended by repealing Sections 3.7 and 16.1. Section 185. The Structural Pest Contr ol Act is amended by changing Sections 2, 3.03, 3.27, 10.2, 10.3, and 21.1 as follows: (225 ILCS 235/2) (from Ch. 111 1/2, p

ar. 2202) (Section scheduled to be repealed on December 31, 2029) Sec. 2. Legislative intent. It is declared that there exists and may in the future exist within the State of Il linois locations where pesticides are received, stored, formulat ed or prepared and subsequently used for the control of structu ral pests, and improper selection, formulation and applicatio n of pesticides may adversely affect the public health and gen eral welfare. It is further established that the use of certain pestici des is restricted or may in the future be restrict ed to use only by or under the supervision of persons certified in accordance with this Act. It is recogni zed that pests can best be controlled throug h an integrated pest management program that combines preve ntive techniques, nonchemical pest control methods, and the app ropriate use of pesticides with preference for product s that are the least harmful to human health and the enviro nment. Integrated pest management is a good practic e in the management of pest populations, and it is prudent to employ pest control strategies that are the least hazardo us to human health and the environment. There fore, the purpose of this Act is to protect, promote and preserve the public health and general welfare by pro viding for the establishment of minimum standards for selection, formulation and application of restricted pest icides and to provide for the licensure of commercial structural pest control businesses, the registration of p ersons who own or operate non-commercial structura l pest control locations where restricted pesticides are used, a nd the certification of pest control technicians. It is also the purpose of this Act to reduce economic, he alth, and environmental risks by promoting the use of i ntegrated pest management for structural pest control in schools and child day care centers, by making guidelines on integrated pest management available to schools and child day care centers.(Source: P.A. 93-381, e ff. 7-1-04; reen acted by P.A. 95-786, eff. 8-7-08.) (225 ILCS 235/3.03) (from Ch. 111 1/2

, par. 2203.03) (Section scheduled to be repealed on December 31, 2029) Sec. 3.03. "Person" m eans any individual, group of individuals, association, trust, partnership, corporation , person doing business under an assumed name, the State of Illinois, or department thereof, any other state-ow ned and operated institution, public school, licensed ch ild day care center, or any other entity.(Source: P.A. 82-725; reenacted by P.A. 95-78 6, eff. 8-7-08; 96-1362, eff. 7-28-10.) (225 ILCS 235/3.27) (Section scheduled to be repealed on December 31, 2029) Sec. 3.27. " Child Day care center" means any structure used as a licensed child d ay care center in this State.(Source: P.A. 93-381, eff. 7-1-04; reen acted by P.A. 95-786, eff. 8-7-08.) (225 ILCS 235/10.2) (from Ch. 111 1/2

, par. 2210.2) (Section scheduled to be repealed on December 31, 2029) Sec. 10.2. Integrated pest m anagement guidelines; notification; training of designated persons; request for copies. (a) The Depar tment shall prepare guidelines for an integr ated pest management program for structural pest co ntrol practices at school buildings and other school facilities and child day care centers . Such guidelines shall be made available to schools, child day care centers and the public upon request. (b) When economically fea sible, each school and child day care center is required to develop and implement an integ rated pest management program that incorporates the guidelines developed by the Department. Each school and chi ld day care center must notify the Department, within one year after the effective date of this amendatory Act of the 95th General Assembly and every 5 years thereafter, on forms provided by the Department that the school or child day care center has developed and is implementing an integrated pest manageme nt program. In implementing an integrated pest management pr ogram, a school or child day care center must assign a designated person to assume responsibility for the oversi ght of pest management practices in that school or c hild day care center and for recordkeeping requirements. (b-1) If adopting an integrated pest management pro gram is not economically feasible because such adoption would res ult in an increase in the pest control costs of the school or

child day care center, the school or chil d day care center must provide, within one year after the effective date of this amendatory Act of the 95th General Assembly and every 5 y ears thereafter, written notification to the Department, on fo rms provided by the Department, that the development and impl ementation of an integrated pest management program i s not economically feasible. The notification must include proj ected pest control costs for the term of the pest control progr am and projected costs for implementing an integrated pest manag ement program for that same time period. (b-2) Each school or child day care center that provides written notification to the Department that the adoption of an integrated pest management program is not economically fe asible pursuant to subsection (b-1) of this Secti on must have its designated person attend a training course on in tegrated pest management within one year after the effe ctive date of this amendatory Act of the 95th General Assembly, and every 5 years thereafter until an integrated pest managem ent program is developed and implemented in the school or child day care center. The training course shall b e approved by the Department in accordance with the minimum standards estab lished by the Department under this Act. (b-3) Each school and child day care center shall ensure that all parents, guardians, and employees are notified a t least once each school year that the notification require ments established by this Section have been met. The school and

child day care center shall keep copies of all notifications required by this Section and any written integrated pest management program plan developed in accordance with this Section and make these copies available for public inspec tion at the school or child day care center. (c) The Structural Pest Control Advisory Council shall as sist the Department in developing the guidelines for in tegrated pest management programs. In developing the gu idelines, the Council shall consult with individuals kn owledgeable in the area of integrated pest management. (d) The Department, with the assistance of the Cooperativ e Extension Service and other relevant agencies, may prepar e a training program for school or child day care center pest control specialists. (e) The Department may request copies of a school's or child day care center' s integrated pest management program plan and notification required by this Act and offer assi stance and training to schools and child day care centers on integrated pest management programs. (f) The requirements of this Section are subject to appro priation to the Department for the implementation of integrated pest management programs. (Sour ce: P.A. 95-58, eff. 8-10-07; reen acted by P.A. 95-786, eff. 8-7-08.) (225 ILCS 235/10.3) (Section scheduled to be repealed on December 31, 2029) Sec. 10.3. Notification. School districts and child day care centers must maintain a registry of parents and guar dians of students and employees who have registered to receive written or telephonic notification prior to application o f pesticides to school property or child

day care centers or provide written or telephonic notification to all parents and guardians of students before such pesticide application. Written notification may be included in newsletters, bull etins, calendars, or other correspondence currently p ublished by the school district or child day care center. The written or telephonic notification must be given at least 2 business days before application of the pesticide applica tion and should identify the intended date of the application of the pesticide and the name and telephone contact number f or the school or child day care center personnel responsible for the pesticide application program. Prior notice shall not be required if there is an imminent threat to health or prop erty. If such a situation arises, the appropriate school or child day care center personnel must sign a statem ent describing the circumstances that gave rise to the health threat and ens ure that written or telephonic notice is provided as soon as practicable. For purposes of this Section, pesticides sub ject to notification requirements shall not include (i) an ant imicrobial agent, such as disinfectant, sanitizer, or deodorizer, or (ii) insecticide baits and rodenticide bai ts.(Source: P.A. 93-381, eff. 7-1-04; reen acted by P.A. 95-786, eff. 8-7-08; 96-1362, eff. 7-28-10.) (225 ILCS 235/21.1) (from Ch. 111 1/2

, par. 2221.1) (Section scheduled to be repealed on December 31, 2029) Sec. 21.1. Administrative ci vil fines. The Department is empowered to assess administrative civil fines in accorda nce with Section 15 of this Act against a licensee, registran t, certified technician, person, public school, licensed child day care center, or other entity for violati ons of this Act or its rules and regulations. These fines shall be establish ed by the Department by rule and may be assessed in addition to , or in lieu of, license, registration, or certification suspe nsions and revocations. Any fine a ssessed and not paid within 60 days after recei ving notice from the Department may be submitted to the Attorney General's Office, or any other public or private agency, for collection of the amounts owed plus any fees and costs incurred during the collection process. Failure to pay a fine shall also be grounds for immediate suspension or re vocation of a license, registration, or certification i ssued under this Act.(Source: P.A. 87-703; reenacted by P.A. 95-78 6, eff. 8-7-08; 96-1362, eff. 7-28-10.) Section 187. The Animal Welfare Act is amended by changing Sections 2 and 3 as follows: (225 ILCS 605/2) (from Ch. 8, par. 30

2) Sec. 2. Definitions. As used in this Act unless the context otherwise requires: "Department " means the Illinois Department of Agriculture . "Director" means the Director of the Illinois Department of Agriculture. "Pet shop operator" mea ns any person who sells, offers to sell, exchange, or offers for adoption with or without ch arge or donation dogs, cats, birds, fish, reptiles, or other a nimals customarily obtained as pets in this State at ret ail to the public. However, a person who sells only such anim als that he has produced and raised shall not be considered a pet shop operator under this Act, and a veterinary hospital o r clinic operated by a veterinarian or veterinarians licens ed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a pet shop operator under this Ac t. "Dog dealer" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge o r donation dogs in this State. However, a person who sells only dogs that he has produced and raised shall not be conside red a dog dealer under this Act, and a veterinary hospital or c linic operated by a veterinarian or veterinarians licensed unde r the Veterinary Medicine and Surgery Practice Act of 2004 shal l not be considered a dog dealer under this Act. "Secretary of Agriculture" or "Secretary" means the Secre tary of Agriculture of the United States Department of Agriculture. "Person" means any person, firm, corporation, partnership , association or other legal entity, any public or private institution, the State of Illinois, or any municipal corp oration or political subdivision of the State.

"Kennel operator" means any person who operates an establ ishment, other than an animal control facility, vet erinary hospital, or animal shelter, where dogs or dog s and cats are maintained for boarding, training or similar pur poses for a fee or compensation. "Boarding" m eans a time frame greater than 12 hours or an overnight period during which an animal is kept by a kenn el operator. "Cat breeder" means a person who sells, offers to sell, e xchanges, or offers for adoption with or without charge cats that he or she has produced and raised. A person who owns , has possession of, or harbors 5 or less females capable of re production shall not be considered a cat breeder. "Dog breeder" means a person who sells, offers to sell, e xchanges, or offers for adoption with or without charge dogs that he has produced and raised. A person who owns, has p ossession of, or harbors 5 or less females capable of re production shall not be considered a dog breeder. "Animal control facility" means any facility operated by or under contract for the State, county, or any municipal corporation or political subdivision of the State for the purpose of impounding or harboring seized, stray, homeles s, abandoned or unwanted dogs, cats, and other animals. "Ani mal control facility" also means any veterinary hospital or c linic operated by a veterinarian or veterinarians licensed unde r the Veterinary Medicine and Surgery Practice Act of 2004 whic h operates for the above mentioned purpose in addition to i ts customary purposes. "Animal shelter" me ans a facility operated, owned, or mai ntained by a duly incorporated humane society, animal welfare society, or other non-profit organization h aving tax-exempt status under Section 501(c)(3) of the In ternal Revenue Code for the purpose of providing for and promoti ng the welfare, protection, and humane treatment of animals. An organization that does not have its own building that mai ntains animals solely in foster homes or other license es is an "animal shelter" for purposes of this Act. "Animal she lter" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterina ry Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes. "Child Day ca re operator" means a person who operates an establishment, other than an animal control facility, vet erinary hospital, or animal shelter, where dogs or dog s and cats are kept for a period of time not exceeding 12 hours . "Foster home" means an entity that accepts the responsibi lity for stewardship of animals that are the ob ligation of an animal shelter or animal control facilit y, not to exceed 4 foster animals or 2 litters under 8 weeks of age at any given time. A written agreement to operate as a "foster home" shall be contracted with the animal shelter or animal control facility. "Guard dog ser vice" means an entity that, for a fee, furn ishes or leases guard or sentry dogs for the protecti on of life or property. A person is not a guard dog service sol ely because he or she owns a dog and uses it to guard his or her home, business, or farmland. "Guard dog " means a type of dog used primarily for the pu rpose of defending, patrolling, or protecting property or life at a commercial establishment other than a farm. "Gu ard dog" does not include stock dogs used primarily for handl ing and controlling livestock or farm animals, nor does it in clude personally owned pets that also provide security. "Return" in return to field or trap, neuter, return progr am means to return the cat to field after it has bee n sterilized and vaccinated for rabies.

"Sentry dog" means a dog trained to work without supervis ion in a fenced facility other than a farm, and t o deter or detain unauthorized persons found within the fac ility. "Probationary status" means t he 12-month period fol lowing a series of violations of this Act during which any furth er violation shall result in an automatic 12-month sus pension of licensure. "Owner" means any person ha ving a right of property in an animal, who keeps or harbors an animal, who has an animal in his or her care or acts as its custodian, or who knowingl y permits a dog to remain on any premises occupied by him o r her. "Owner" does not include a feral cat caretaker participat ing in a trap, spay/neuter, vaccinate for rabies, and return program. "Offer for sale" means to sel l, exchange for consideratio n, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of anima ls. (Source: P.A. 101-81, eff. 7-12-19; 101 -295, eff. 8-9-19; 102-586, eff. 2-23-22.) (225 ILCS 605/3) (from Ch. 8, par. 30

3) Sec. 3. (a) Except as provided in subsection (b) of this Section, no person shall engage in business as a pet shop operator, dog dealer, kennel operator, child day care operator, dog breeder, or cat breeder or operate a guard dog service, an animal control facility, or animal shelter, i n this State without a license therefor issued by the Depar tment. If one business conducts more than one such o peration, each operation shall be licensed separately. G uard dog services that are located outside this State but prov ide services within this State are required to obtain a licen se from the Department. Out-of-state guard dog s ervices are required to comply with the requirements of this Act with regard to guard dogs and sentry dogs transported to or us ed within this State. (b) This Act does no t apply to a private detective agency or private security agency licensed under the Private Det ective, Private Alarm, Private Security, Fingerprint V endor, and Locksmith Act of 2004 that provides guard dog or canine odor detection services and does not otherwise ope rate a kennel for hire. (Source: P.A. 100-842, eff. 1-1-19; 101 -295, eff. 8-9-19.) Section 190. The Liquor Control Act of 1934 is amended by changing Section 6-15 as follows: (235 ILCS 5/6-15) (from Ch. 43,

par. 130) Sec. 6-15. No a lcoholic liquors shall be sold or delivered in any building belonging to or under the control of the State or any political subdivision thereof except as provided i n this Act. The corporate authorities of any city, village, incorporated town, township, or county may provide by ord inance, however, that alcoholic liquor may be sold or delivered in any specifically designated building belongi ng to or under the control of the municipality, township, or co unty, or in any building located on land under the control of t he municipality, township, or county; provided that such tow nship or county complies with all applicable local ordinances i n any incorporated area of the township or county. Alcoholic li quor may be delivered to and sold under the authority of a spe cial use permit on any property owned by a conservation distri ct organized under the Conservation District Act, provided t hat (i) the alcoholic liquor is sold only at an event authori zed by the governing board of the conservation district, (ii) th e issuance of the special use permit is authorized by the l ocal liquor control commissioner of the territory in which the property is located, and (iii) the special use permit aut horizes the sale of alcoholic liquor for one day or le ss. Alcoholic liquors may be delivered to and sold at any air port belonging to or under the control of a municipality of mo re than 25,000 inhabitants, or in any building or on any gol f course owned by a park district organized under the Park District Code, subject to the approval of the governing b oard of the district, or in any building or on any golf course owned by a forest preserve district organized under the Downsta te Forest Preserve District Act, subject to the approval of the governing board of the district, or on the grounds within 500 feet of any building owned by a forest preserve district organized under the Downstate Forest Preserve District Ac t during times when food is dispensed for consumption withi n 500 feet of the building from which the food is dispensed, su bject to the approval of the governing board of the district, o r in a building owned by a Local Mass Transit District organized under the Local Mass Transit District Act, subject to the approval of the governing Board of the District, or in Bi centennial Park, or on the premises of the City of Mend ota Lake Park located adjacent to Route 51 in Mendota, Illino is, or on the premises of Camden Park in Milan, Illinois, or in the community center owned by the City of Loves Park that is located at 1000 River Park Drive in Loves Park, Illinois, or, in connection with the operation of an established food s erving facility during times when food is dispensed for consumption on the premises, and at the following aquariu m and museums located in public parks: Art Institute of Chicago , Chicago Academy of Sciences, Chicago Historical Society, Field Museum of Natural History, Museum of Science and Industry , DuSable Museum of African American History, John G. Shedd Aquarium and Adler Planetarium, or at Lakeview Museum of Arts and Sciences in Peoria, or in connection with the operati on of the facilities of the Chicago Zoological Society or the C hicago Horticultural Society on land owned by the Forest Preserve District of Cook County, or on any land used for a golf course or for recreational purposes owned by the For est Preserve District of Cook County, subject to the control of the Forest Preserve District Board of Commissioners and a pplicable local law, provided that dram shop liability i nsurance is provided at maximum coverage limits so as to hold the District harmless from all financial loss, damage, an d harm, or in any building located on land owned by the Chi cago Park District if approved by the Park District Commission ers, or on any land used for a golf course or for recreational purposes and owned by the Illinois International Port Dis trict if approved by the District's governing board, or at any airport, golf course, faculty center, or facility in whic h conference and convention type activities take place belo nging to or under control of any State university or public com munity college district, provided that with respect to a facility for conference and convention type activities al coholic liquors shall be limited to the use of the conv ention or conference participants or participants in cultural, political or educational activities held in suc h facilities, and provided further that the faculty or staf f of the State university or a public community college distri ct, or members of an organization of students, alumni, facult y or staff of the State university or a public community colle ge district are active participants in the conference or con vention, or in Memorial Stadium on the campus of the U niversity of Illinois at Urbana-Champaign during g ames in which the Chicago Bears professional football team is pla ying in that stadium during the renovation of Soldier Field, n ot more than one and a half hours before the start of the ga me and not after the end of the third quarter of the game, or in the Pavilion Facility on the campus of the University of Illi nois at Chicago during games in which the Chicago Storm profes sional soccer team is playing in that facility, not more than one and a half hours before the start of the game an d not after the end of the third quarter of the game, or in the Pavilion Facility on the campus of the University of Illi nois at Chicago during games in which the WNBA professional wo men's basketball team is playing in that facility, not more tha n one and a half hours before the start of the game and not aft er the 10-minute mark of the second half of the game, or b y a catering establishment which has rented facilities from a board of trustees of a public community college district, or in a restaurant that is operated by a commercial tenant in the North Campus Parking Deck building that (1) is located at 1201 West University Avenue, Urbana, Illinois and (2) is owned by the Board of Trustees of the University of Illinois, or, if approved by the District board, on land owned by the Metr opolitan Sanitary District of Greater Chicago and lea sed to others for a term of at least 20 years. Nothing in thi s Section precludes the sale or delivery of alcoholic liquo r in the form of original packaged goods in premises located a t 500 S. Racine in Chicago belonging to the University of Illin ois and used primarily as a grocery store by a commercial ten ant during the term of a lease that predates the University's acquisition of the premises; but the University shall hav e no power or authority to renew, transfer, or extend the leas e with terms allowing the sale of alcoholic liquor; and the sale of alcoholic liquor shall be subject to all local laws an d regulations. After the acquisition by Winnebago County of the property located at 404 Elm Street in Rockford, a commerc ial tenant who sold alcoholic liquor at retail on a portion o f the property under a valid license at the time of the acquisi tion may continue to do so for so long as the tenant and the C ounty may agree under existing or future leases, subject to all local laws and regulations regarding the sale of alcoholi c liquor. Alcoholic liquors may be delivered to and sold at Memorial Hall, located at 211 North Main Street, Rockford , under conditions approved by Winnebago County and subject to all local laws and regulations regarding the sale of alco holic liquor. Each facility shall provide dram shop liability i n maximum insurance coverage limits so as to save harmless the State, municipality, State university, airport, golf cour se, faculty center, facility in which conference and conventi on type activities take place, park district, Forest Preserv e District, public community college district, aquarium, mu seum, or sanitary district from all financial loss, damage or h arm. Alcoholic liquors may be sold at retail in buildings of g olf courses owned by municipalities or Illinois State Univers ity in connection with the operation of an established food s erving facility during times when food is dispensed for consumption upon the premises. Alcoholic liquors may be d elivered to and sold at retail in any building owned by a fire protection district organized under the Fire Protection D istrict Act, provided that such delivery and sale is app roved by the board of trustees of the district, and provided fu rther that such delivery and sale is limited to fundraising eve nts and to a maximum of 6 events per year. However, the limit ation to fundraising events and to a maximum of 6 events per ye ar does not apply to the delivery, sale, or manufacture of a lcoholic liquors at the building located at 59 Main Stre et in Oswego, Illinois, owned by the Oswego Fire Protection Dis trict if the alcoholic liquor is sold or dispensed as approved by the Oswego Fire Protection District and the property is no lo nger being utilized for fire protection purposes.

Alcoholic liquors may be served or sold in buildings unde r the control of the Board of Trustees of the University of Illinois for events that the Board may determine are publ ic events and not related student activities. The Board of T rustees shall issue a written policy within 6 months of August 15, 2008 (the effective date of Public Act 95-847) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue re vised, updated, new, or amended policies as it deems ne cessary and appropriate. In preparing its written polic y, the Board of Trustees shall, among other factors it consi ders relevant and important, give consideration to the followi ng: (i) whether the event is a student activity or student-related activity; (ii) whether the physical setting of the event is conducive to control of liquor sales and distribution; (i ii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the part icipants are in accordance with State law and Univers ity policies; (iv) regarding the anticipated attendees at the event, the relative proportion of individuals under the a ge of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event prohibits participants from removing alcoholic beve rages from the venue; and (vii) whether the event prohibits par ticipants from providing their own alcoholic liquors t o the venue. In addition, any policy submitted by the Board of Trustees to the Illinois Liquor Control Commission must r equire that any event at which alcoholic liquors are ser ved or sold in buildings under the control of the Board of Tr ustees shall require the prior written approval of the Office of the Chancellor for the University campus where the event is l ocated. The Board of Trustees shall submit its policy, a nd any subsequently revised, updated, new, or amended polici es, to the Illinois Liquor Control Commission, and any Univer sity event, or location for an event, exempted under such poli cies shall apply for a license under the applicable Sections o f this Act. Alcoholic liquors may be ser ved or sold in buildings unde r the control of the Board of Trustees of Northern Illinois University for events that the Board may determine are pu blic events and not student-related activities. The Boar d of Trustees shall issue a written policy within 6 months aft er June 28, 2011 (the effective date of Public Act 97- 45) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue re vised, updated, new, or amended policies as it deems ne cessary and appropriate. In preparing its written polic y, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to t he following: (i) whether the event is a student activity or student-related activity; (ii) whether the physical setting of the event is conducive to control of liquor sales and dis tribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies; (iv) the anticipated attendees a t the event and the relative proportion of individuals under th e age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alc oholic liquors to individuals under the age of 21; (vi ) whether the event prohibits participants from removing al coholic beverages from the venue; and (vii) whether the event prohibits participants from providing their own alc oholic liquors to the venue. Alcoho lic liquors may be served or sold in buildings unde r the control of the Board of Trustees of Chicago State Uni versity for events that the Board may determine are pu blic events and not student-related activities. The Boar d of Trustees shall issue a written policy within 6 months aft er August 2, 2013 (the effective date of Public Act 98-132) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue re vised, updated, new, or amended policies as it deems ne cessary and appropriate. In preparing its written polic y, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to t he following: (i) whether the event is a student activity or student-related activity; (ii) whether the physical setting of the event is conducive to control of liquor sales and dis tribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies; (iv) the anticipated attendees a t the event and the relative proportion of individuals under th e age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alc oholic liquors to individuals under the age of 21; (vi ) whether the event prohibits participants from removing al coholic beverages from the venue; and (vii) whether the event prohibits participants from providing their own alc oholic liquors to the venue. Alcoho lic liquors may be served or sold in buildings unde r the control of the Board of Trustees of Illinois State Un iversity for events that the Board may determine are pu blic events and not student-related activities. The Boar d of Trustees shall issue a written policy within 6 months aft er March 1, 2013 (the effective date of Public Act 97- 1166) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue re vised, updated, new, or amended policies as it deems ne cessary and appropriate. In preparing its written polic y, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to t he following: (i) whether the event is a student activity or student-related activity; (ii) whether the physical setting of the event is conducive to control of liquor sales and dis tribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies; (iv) the anticipated attendees a t the event and the relative proportion of individuals under th e age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alc oholic liquors to individuals under the age of 21; (vi ) whether the event prohibits participants from removing al coholic beverages from the venue; and (vii) whether the event prohibits participants from providing their own alc oholic liquors to the venue. Alcoho lic liquors may be served or sold in buildings unde r the control of the Board of Trustees of Southern Illinois University for events that the Board may determine are pu blic events and not student-related activities. The Boar d of Trustees shall issue a written policy within 6 months aft er August 12, 2016 (the effective date of Public Act 99-795) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue re vised, updated, new, or amended policies as it deems ne cessary and appropriate. In preparing its written polic y, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to t he following: (i) whether the event is a student activity or student-related activity; (ii) whether the physical setting of the event is conducive to control of liquor sales and dis tribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies; (iv) the anticipated attendees a t the event and the relative proportion of individuals under th e age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alc oholic liquors to individuals under the age of 21; (vi ) whether the event prohibits participants from removing al coholic beverages from the venue; and (vii) whether the event prohibits participants from providing their own alc oholic liquors to the venue. Alcohol ic liquors may be served or sold in buildings unde r the control of the Board of Trustees of a public universi ty for events that the Board of Trustees of that public universi ty may determine are public events and not student-rel ated activities. If the Board of Trustees of a public universi ty has not issued a written policy pursuant to an exemption under this Section on or before July 15, 2016 (the effective da te of Public Act 99-550), then that Board of Trustees sha ll issue a written policy within 6 months after July 15, 2016 (the e ffective date of Public Act 99-550) concerning the types of events that would be eligible for an exemption. Thereafte r, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate. I n preparing its written policy, the Board of Trustees shall , in addition to other factors it considers relevant and impor tant, give consideration to the following: (i) whether the even t is a student activity or student-related activity; (ii ) whether the physical setting of the event is conducive to control of liquor sales and distribution; (iii) the ability of the e vent operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accor dance with State law and University policies; (iv) the anticipa ted attendees at the event and the relative proportion of ind ividuals under the age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under th e age of 21; (vi) whether the event prohibits participants from removing alcoholic beverages from the venue; and (vii) wh ether the event prohibits participants from providing their own alcoholic liquors to the venue. As used in this paragraph , "public university" means the University of Illinois, Ill inois State University, Chicago State University, Governors Sta te University, Southern Illinois University, Northern Illino is University, Eastern Illinois University, Western Illinois University, and Northeastern Illinois University. Alcoholic liquors may be served or sold in buildings unde r the control of the Board of Trustees of a community colle ge district for events that the Board of Trustees of that co mmunity college district may determine are public event s and not student-related activities. The Board of Truste es shall issue a written policy within 6 months after July 15, 201 6 (the effective date of Public Act 99-550) concerning the types of events that would be eligible for an exemption. Thereafte r, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate. I n preparing its written policy, the Board of Trustees shall , in addition to other factors it considers relevant and impor tant, give consideration to the following: (i) whether the even t is a student activity or student-related activity; (ii ) whether the physical setting of the event is conducive to control of liquor sales and distribution; (iii) the ability of the e vent operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accor dance with State law and community college district policies; ( iv) the anticipated attendees at the event and the relative p roportion of individuals under the age of 21 to individu als age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event p rohibits participants from removing alcoholic beverages from the venue; and (vii) whether the event prohibits particip ants from providing their own alcoholic liquors to the venue. This paragraph does not apply to any community college distric t authorized to sell or serve alcoholic liquor under any ot her provision of this Section. Alcoholic li quor may be delivered to and sold at retail i n the Dorchester Senior Business Center owned by the Villag e of Dolton if the alcoholic liquor is sold or dispensed only in connection with organized functions for which the planned attendance is 20 or more persons, and if the person or fa cility selling or dispensing the alcoholic liquor has provided d ram shop liability insurance in maximum limits so as to hold harmless the Village of Dolton and the State from all fin ancial loss, damage and harm. Alcoho lic liquors may be delivered to and sold at retail in any building used as an Illinois State Armory provided : (i) the Adjutant General's written consent to the i ssuance of a license to sell alcoholic liquor in such bu ilding is filed with the Commission; (ii) the alcoholic liquor is sold or dispensed only in connection with organized functions held on special occas ions; (iii) the o rganized function is one for which the p lanned attendance is 25 or more persons; and (iv) the facility selling or dispensing the alcohol ic liquors has provided dram shop liability insurance in max imum limits so as to save harmless the facility and th e State from all financial loss, damage or harm. Alcoholic liquors may be delivered to and sold at retail in the Chicago Civic Center, provided that: (i) the written consent of the Public Building Comm ission which administers the Chicago Civic Center is filed with the Commission; (ii) the alcoholic liquor is sold or dispensed only in connection with organized functions held on special occas ions; (iii) the o rganized function is one for which the p lanned attendance is 25 or more persons; (iv) the facility selling or dispensing the alcohol ic liquors has provided dram shop liability insurance in max imum limits so as to hold harmless the Civic Center, t he City of Chicago and the State from all financial loss , damage or harm; and (v ) all applicable local ordinances are complied wi th. Alcoholic liquors may be delivered or sold in any buildin g belonging to or under the control of any city, village or incorporated town where more than 75% of the physical pro perties of the building is used for commercial or recr eational purposes, and the building is located upon a pier extending into or over the waters of a navigable lake or stream or on the shore of a navigable lake or stream. In accorda nce with a license issued under this Act, alcoholic liquor ma y be sold, served, or delivered in buildings and facilities un der the control of the Department of Natural Resources during events or activities lasting no more than 7 continuous da ys upon the written approval of the Director of Natural Reso urces acting as the controlling government authority. The Direc tor of Natural Resources may specify conditions on that appro val, including, but not limited to, requirements for insurance and hours of operation. Notwithstanding any other provision o f this Act, alcoholic liquor sold by a United States Army C orps of Engineers or Department of Natural Resources concessio naire who was operating on June 1, 1991 for on-premises c onsumption only is not subject to the provisions of Articles IV and IX. Beer and wine may be sold on the premises of the Joliet P ark District Stadium owned by the Joliet Park District when w ritten consent to the issuance of a license to sell beer and wine in such premises is filed with the local liquor comm issioner by the Joliet Park District. Beer and wine m ay be sold in buildings on the grounds of State veterans' homes when written consent to the issuance of a license to sell beer and wine in such buildings is filed with the Commission by th e Department of Veterans Affairs, and the facility shall pr ovide dram shop liability in maximum insurance coverage limits so as to save the facility harmless from all financial loss, da mage or harm. Such liquors may be delivered to and sold at any property owned or held under lease by a Metropolitan Pier and Exposition Authority or Metropolitan Exposition and Audit orium Authority. Beer and wine may be sold an d dispensed at professional s porting events and at professional concerts and other en tertainment events conducted on premises owned by the F orest Preserve District of Kane County, subject to the control of the District Commissioners and applicable local law, prov ided that dram shop liability insurance is provided at maximum coverage limits so as to hold the District harmless from all financial loss, damage and harm. Nothin g in this Section shall preclude the sale or delive ry of beer and wine at a State or county fair or th e sale or delivery of beer or wine at a city fair in any otherwi se lawful manner. Alcoholic liquors may be sold at retail in buildings in S tate parks under the control of the Department of Natura l Resources, provided: a . the State park has overnight lodging facilities with some restaurant facilities or, not having overnight lodging facilities, has restaurant facilities which serve complete luncheon and dinner or supper meals, b. (blank), and

c. the alcoholic liquors are sold by the State park lodge or restaurant concessionaire only during the hours from 11 o'clock a.m. until 12 o'clock midnight. Notwithst anding any other provision of this Act, alcoholi c liquor sold by the State park or restaurant concessionair e is not subject to the provisions of Articles IV and IX. Alcoholic liquors may be sold at retail in buildings on p roperties under the control of the Division of Historic Preservation of the Department of Natural Resources or th e Abraham Lincoln Presidential Library and Museum provided:

a. the property has overnight lodging facilities wi th some restaurant facilities or, not having overnight lodgi ng facilities, has restaurant facilities which serve complete luncheon and dinner or supper meals, b. consent to the issuance of a license to sell alc oholic liquors in the buildings has been filed with th e commission by the Division of Historic Preservation of th e Department of Natural Resources or the Abraham Lincoln Pr esidential Library and Museum, and c. the alcoholic liquors are sold by the lodge or r estaurant concessionaire only during the hours from 11 o 'clock a.m. until 12 o'clock midnight. The sale of alcoholic liquors pursuant to this Section do es not authorize the establishment and operation of fac ilities commonly called taverns, saloons, bars, cockta il lounges, and the like except as a part of lodge and resta urant facilities in State parks or golf courses owned by Forest Preserve Districts with a population of less than 3,000,0 00 or municipalities or park districts. Alcoh olic liquors may be sold at retail in the Springfiel d Administration Building of the Department of Transportati on and the Illinois State Armory in Springfield; provided, t hat the controlling government authority may consent to such sales only if a. the request is from a not-for-profit organization; b. such sales would not impede normal operations of the departments involved; c. the not-for-profit organization prov ides dram shop liability in maximum insurance coverage limits and agrees to defend, save harmless and indemnify the State of Illin ois from all financial loss, damage or harm; d. no such sale shall be made during normal working hours of the State of Illinois; and e. the consent is in writing. Alc oholic liquors may be sold at retail in buildings in r ecreational areas of river conservancy districts under t he control of, or leased from, the river conservancy distric ts. Such sales are subject to reasonable local regulations as provided in Article IV; however, no such regulations may prohibit or substantially impair the sale of alcoholic li quors on Sundays or Holidays. Alcoholic liquo rs may be provided in long term care facil ities owned or operated by a county under Division 5 -21 or 5-22 of the Counties Code, when approved by the facility operator and not in conflict with the regulations of the Illinois Department of Public Health, to residents of the facility who have had their consumption of the alcoholic liquors provided approved in writing by a physician licen sed to practice medicine in all its branches. Alcoholic liquors may be delivered to and dispensed in St ate housing assigned to employees of the Department of Corrections. No person shall furnish or allow to be furni shed any alcoholic liquors to any prisoner confined in any jai l, reformatory, prison or house of correction except upon a physician's prescription for medicinal purposes. Alcoholic liquors may be sold at retail or dispensed at t he Willard Ice Building in Springfield, at the State Lib rary in Springfield, and at Illinois State Museum facilities b y (1) an agency of the State, whether legislative, judicial or executive, provided that such agency first obtains writte n permission to sell or dispense alcoholic liquors from the controlling government authority, or by (2) a not-f or-profit organization, provided that such organization: a. Obtains written consent from the controlling gov ernment authority;

b. Sells or dispenses the alcoholic liquors in a ma nner that does not impair normal operations of State of fices located in the building; c. Sells or dispenses alcoholic liquors only in con nection with an official activity in the building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and i n which the carrier agrees to defend, save harmless and ind emnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing o f alcoholic liquors. Nothing in this Act shall prevent a not-for-p rofit organization or agency of the State from employing the se rvices of a catering establishment for the selling or d ispensing of alcoholic liquors at authorized functions. The controlling government authority for the Willard Ice Building in Springfield shall be the Director of the Depa rtment of Revenue. The controlling government authori ty for Illinois State Museum facilities shall be the Directo r of the Illinois State Museum. The controlling government aut hority for the State Library in Springfield shall be t he Secretary of State. Alcoholic liquors m ay be delivered to and sold at retail or dispensed at any facility, property or building under the jurisdiction of the Division of Historic Preservation of the Department of Natural Resources, the Abraham Lincoln Pres idential Library and Museum, or the State Treasurer w here the delivery, sale or dispensing is by (1) an agency of t he State, whether legislative, judicial or executive, provid ed that such agency first obtains written permission to sell or dispense alcoholic liquors from a controlling government authority, or by (2) an individual or organization provid ed that such individual or organization: a. Obtains written consent from the controlling gov ernment authority;

b. Sells or dispenses the alcoholic liquors in a ma nner that does not impair normal workings of State offi ces or operations located at the facility, property o r building; c. Sells or dispenses alcoholic liquors only in con nection with an official activity of the individual or organization in the facility, property or building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and i n which the carrier agrees to defend, save harmless and ind emnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing o f alcoholic liquors. The controlling gove rnment authority for the Division of Historic Preservation of the Department of Natural Resour ces shall be the Director of Natural Resources, the controlli ng government authority for the Abraham Lincoln Presidential Library and Museum shall be the Executive Director of the Abraham Lincoln Presidential Library and Museum, and the controlling government authority for the facilities, prop erty, or buildings under the jurisdiction of the State Treasure r shall be the State Treasurer or the State Treasurer's des ignee. Alcoholic liquors may be deli vered to and sold at retail or dispensed for consumption at the Michael Bilandic Buil ding at 160 North LaSalle Street, Chicago IL 60601, after the normal business hours of any day care or child care facility located in the building, by (1) a commercial tenant or su btenant conducting business on the premises under a lea se made pursuant to Section 405-315 of the Department of Central Management Services Law, provided that such tenant or sub tenant who accepts delivery of, sells, or dispenses al coholic liquors shall procure and maintain dram shop li ability insurance in maximum coverage limits and in whi ch the carrier agrees to defend, indemnify, and save harmles s the State of Illinois from all financial loss, damage, or har m arising out of the delivery, sale, or dispensing of alcoh olic liquors, or by (2) an agency of the State, whether legisl ative, judicial, or executive, provided that such a gency first obtains written permission to accept delivery of an d sell or dispense alcoholic liquors from the Director of C entral Management Services, or by (3) a not-for-profit organization, provided that such organization: a. obtains written consent from the Department of C entral Management Services; b. accepts delivery of and sells or dispenses the a lcoholic liquors in a manner that does not impair normal operations of State offices located in the building; c. accepts delivery of and sells or dispenses alcoh olic liquors only in connection with an official act ivity in the building; and d. provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and i n which the carrier agrees to defend, save harmless, and in demnify the State of Illinois from all financial loss, damage, or harm arising out of the selling or dispensing of alcoholic liquors. Nothing in this A ct shall prevent a not-for-p rofit organization or agency of the State from employing the se rvices of a catering establishment for the selling or d ispensing of alcoholic liquors at functions authorized b y the Director of Central Management Services. Alcoholic liquors may be sold at retail or dispensed at t he James R. Thompson Center in Chicago, subject to the p rovisions of Section 7.4 of the State Property Control A ct, and 222 South College Street in Springfield, Illinois by (1) a commercial tenant or subtenant conducting business on the premises under a lease or sublease made pursuant to Secti on 405-315 of the Department of Central Management Ser vices Law, provided that such tenant or subtenant who sells or dispe nses alcoholic liquors shall procure and maintain dram shop li ability insurance in maximum coverage limits and in whi ch the carrier agrees to defend, indemnify and save harmless the State of Illinois from all financial loss, damage or harm arising out of the sale or dispensing of alcoholic liquor s, or by (2) an agency of the State, whether legislative, judic ial or executive, provided that such agency first obtains wri tten permission to sell or dispense alcoholic liquors from the Director of Central Management Services, or by (3) a not-for-profit organization, provided that su ch organization: a. Obtains written consent from the Department of C entral Management Services; b. Sells or dispenses the alcoholic liquors in a ma nner that does not impair normal operations of State of fices located in the building; c. Sells or dispenses alcoholic liquors only in con nection with an official activity in the building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and i n which the carrier agrees to defend, save harmless and ind emnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing o f alcoholic liquors. Nothing in this Act shall prevent a not-for-p rofit organization or agency of the State from employing the se rvices of a catering establishment for the selling or d ispensing of alcoholic liquors at functions authorized b y the Director of Central Management Services. Alcoholic liquors may be sold or delivered at any facilit y owned by the Illinois Sports Facilities Authority provide d that dram shop liability insurance has been made availabl e in a form, with such coverage and in such amounts as the Aut hority reasonably determines is necessary. Alc oholic liquors may be sold at retail or dispensed at t he Rockford State Office Building by (1) an agency of th e State, whether legislative, judicial or executive, provid ed that such agency first obtains written permission to sell or dispense alcoholic liquors from the Department of Central Management Services, or by (2) a not-for-prof it organization, provided that such organization: a. Obtains written consent from the Department of C entral Management Services; b. Sells or dispenses the alcoholic liquors in a ma nner that does not impair normal operations of State of fices located in the building; c. Sells or dispenses alcoholic liquors only in con nection with an official activity in the building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and i n which the carrier agrees to defend, save harmless and ind emnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing o f alcoholic liquors. Nothing in this Act shall prevent a not-for-p rofit organization or agency of the State from employing the se rvices of a catering establishment for the selling or d ispensing of alcoholic liquors at functions authorized b y the Department of Central Management Services. Alcoholic liquors may be sold or delivered in a building that is owned by McLean County, situated on land owned by the county in the City of Bloomington, and used by the McLean County Historical Society if the sale or delivery is appr oved by an ordinance adopted by the county board, and the muni cipality in which the building is located may not pro hibit that sale or delivery, notwithstanding any other provisio n of this Section. The regulation of the sale and delivery of alcoholic liquor in a building that is owned by McLean Co unty, situated on land owned by the county, and used by the McL ean County Historical Society as provided in this paragraph i s an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) o f the Illinois Constitution of the power of a home rule municip ality to regulate that sale and delivery. Alc oholic liquors may be sold or delivered in any buildin g situated on land held in trust for any school district or ganized under Article 34 of the School Code, if the bui lding is not used for school purposes and if the sale or delive ry is approved by the board of education. Alc oholic liquors may be delivered to and sold at retail in any building owned by a public library district, provi ded that the delivery and sale is approved by the board of tr ustees of that public library district and is limited to library fundraising events or programs of a cultural or education al nature. Before the board of trustees of a public library district may approve the delivery and sale of alcoholic l iquors, the board of trustees of the public library dist rict must have a written policy that has been approved by the board of trustees of the public library district governing when and under what circumstances alcoholic liquors may be deliver ed to and sold at retail on property owned by that public libra ry district. The written policy must (i) provide that no alc oholic liquor may be sold, distributed, or consumed in any area of the library accessible to the general public duri ng the event or program, (ii) prohibit the removal of alcoho lic liquor from the venue during the event, and (iii) require that steps be taken to prevent the sale or distribution of alc oholic liquor to persons under the age of 21. Any publ ic library district that has alcoholic liquor delivered to o r sold at retail on property owned by the public library di strict shall provide dram shop liability insurance in m aximum insurance coverage limits so as to save harmless the public library districts from all financial loss, damage, or harm. Alcoholic liquors may be sold or delivered in buildings o wned by the Community Building Complex Committee of Boon e County, Illinois if the person or facility selling or dis pensing the alcoholic liquor has provided dram shop li ability insurance with coverage and in amounts that the Committee reasonably determines are necessary. Alcoholic liquors may be sold or delivered in the buildin g located at 1200 Centerville Avenue in Belleville, Illinoi s and occupied by either the Belleville Area Special Education District or the Belleville Area Special Services Cooperat ive. Alcoholic liquors may be delivered to and sold at the Lou is Joliet Renaissance Center, City Center Campus, loca ted at 214 N. Ottawa Street, Joliet, and the Food Services/Cu linary Arts Department facilities, Main Campus , located at 1215 Houbolt Road, Joliet, owned by or under t he control of Joliet Junior College, Illinois Community Coll ege District No. 525. Alcoholic liquors ma y be delivered to and sold at Triton College, Illinois Community College District No. 504. Alcoholic liquors may be delivered to and sold at the Col lege of DuPage, Illinois Community College District No . 502. Alcoholic liquors may be delivere d to and sold on any pro perty owned, operated, or controlled by Lewis and Clar k Community College, Illinois Community College District No . 536. Alcoholic liquors may be delivered to and sold at the bui lding located at 446 East Hickory Avenue in Apple Rive r, Illinois, owned by the Apple River Fire Protection Distri ct, and occupied by the Apple River Community Association if the alcoholic liquor is sold or dispensed only in connection with organized functions approved by the Apple River Community Association for which the planned attendance is 20 or mor e persons and if the person or facility selling or dispensi ng the alcoholic liquor has provided dram shop liability ins urance in maximum limits so as to hold harmless the Ap ple River Fire Protection District, the Village of Apple Rive r, and the Apple River Community Association from all financ ial loss, damage, and harm. Alcoholic liqu ors may be delivered to and sold at the Sik ia Restaurant, Kennedy King College Campus, located at 740 West 63rd Street, Chicago, and at the Food Services in th e Great Hall/Washburne Culinary Institute Department facili ty, Kennedy King College Campus, located at 740 West 63rd Str eet, Chicago, owned by or under the control of City Colleges o f Chicago, Illinois Community College District No. 508. Alcoholic liquors may be delivered to and sold at the bui lding located at 305 West Grove St. in Poplar Grove, I llinois that is owned and operated by North Boone Fire D istrict #3 if the alcoholic liquor is sold or dispensed only in connection with organized functions approved by the No rth Boone Fire District #3 for which the planned attendance i s 20 or more persons and if the person or facility selling or dispensing the alcoholic liquor has provided dram shop li ability insurance in maximum limits so as to hold harml ess North Boone County Fire District #3 from all financial lo ss, damage, and harm. (Source: P.A. 103- 956, eff. 8-9-24; 103 -971, eff. 8-9-24; 104-234, eff. 8-15-25; 104-417, e ff. 8-15-25.) Section 195. The Illinois Public Aid C ode is amended by changing Sections 5-19, 9-6, 9A-7, and 9A-11 as follows: (305 ILCS 5/5-19) (from Ch. 23,

par. 5-19) Sec. 5-19. Healthy Kid s Program. (a) Any child under the age of 21 eligible to receive Med ical Assistance from the Illinois Department under Art icle V of this Code shall be eligible for Early and Periodic S creening, Diagnosis and Treatment services provided by t he Healthy Kids Program of the Illinois Department under the Social Security Act, 42 U.S.C. 1396d(r). (b) Enrollment of Children in Medicaid. The Illinois Depa rtment shall provide for receipt and initial processi ng of applications for Medical Assistance for all pregnant wome n and children under the age of 21 at locations in addition to those used for processing applications for cash assistance, inc luding disproportionate share hospitals, federally qua lified health centers and other sites as selected by t he Illinois Department. (c) Healthy Kids E xaminations. The Illinois Department sh all consider any examination of a child eligible for th e Healthy Kids services provided by a medical provider meet ing the requirements and complying with the rules and regulat ions of the Illinois Department to be reimbursed as a Healthy Kids examination. (d) Medical Screening Exam inations. (1) The Illinois Department shall insure Medicaid c overage for periodic health, vision, hearing, and dental screenings for children eligible for Healthy Kids service s scheduled from a child's birth up until the child turns 2 1 years. The Illinois Department shall pay for vision, hear ing, dental and health screening examinations for any child eligible for Healthy Kids services by qualified pro viders at intervals established by Department rules. (2) The Illinois Department shall pay for an interp eriodic health, vision, hearing, or dental screenin g examination for any child eligible for Healthy Kids servi ces whenever an examination is: (A) requested by a child's parent, guardian, or custodian, or is determined to be necessary or appropriat e by social services, developmental, health, or educational personnel; or (B) necessary for enrollment in school; or (C) necessary for enrollment in a licensed child day care program, including Head Start; or (D) necessary for placement in a licensed chi ld welfare facility, including a foster home, group home or child care institution; or (E) necessary for attendance at a camping pro gram; or (F) necessar y for participation in an organiz ed athletic program; or

(G) necessary for enrollment in an early chil dhood education program recognized by the Illinois State Board of Education; or (H) necessary for participation in a Women, I nfant, and Children (WIC) program; or (I) deemed appropriate by the Illinois Depart ment. (e) Minimum Screening Protocols For Periodic Health Scree ning Examinations. Health Screening Examinations mus t include the following services: (1) Comprehensive Health and Development Assessment including: (A) Development/Mental Health/Psychosocial As sessment; and (B) Assessment of nutritional status includin g tests for iron deficiency and anemia for children at the following ages: 9 months, 2 years, 8 years, and 18 ye ars; (2) Comprehens ive unclothed physical exam; (3) Appropriate immunizations at a minimum, as requ ired by the Secretary of the U.S. Department of Healt h and Human Services under 42 U.S.C. 1396d(r). (4) Appropriate laboratory tests including blood le ad levels appropriate for age and risk factors. (A) Anemia test. (B) Sickle cell test.

(C) Tuberculin test at 12 months of age and e very 1-2 years thereafter unless the treating health car e professional determines that testing is medically contrai ndicated. (D) Other -- The Illinois Departm ent shall insure that testing for HIV, drug exposure, and sexually transmi tted diseases is provided for as clinically indica ted. (5) Health Education. The Illinois Department shall require providers to provide anticipatory guidance as rec ommended by the American Academy of Pediatrics.

(6) Vision Screening. The Illinois Department shall require providers to provide vision screenings consistent with those set forth in the Department of Public Health's Administrative Rules. (7) Hearing Screening. The Illinois Department shal l require providers to provide hearing screenings consisten t with those set forth in the Department of Public Health's Administrative Rules. (8) Dental Screening. The Illinois Department shall require providers to provide dental screenings consistent with those set forth in the Department of Public Health's Administrative Rules. (f) Covered Medic al Services. The Illinois Department sha ll provide coverage for all necessary health care, dia gnostic services, treatment and other measures to corr ect or ameliorate defects, physical and mental illnesses, and conditions whether discovered by the screening services o r not for all children eligible for Medical Assistance under Ar ticle V of this Code. (g) Notice of Healthy K ids Services. (1) The Illinois Department shall inform any child eligible for Healthy Kids services and the child's family about the benefits provided under the Healthy Kids Progra m, including, but not limited to, the following: wh at services are available under Healthy Kids, including discussion of the periodicity schedules and immunization schedules, that services are provided at no cost to eligi ble children, the benefits of preventive health care , where the services are available, how to obtain them, and that necessary transportation and scheduling assistance i s available. (2) The Il linois Department shall widely disseminat e information regarding the availability of the Healthy Kid s Program throughout the State by outreach activities which shall include, but not be limited to, (i) the development of cooperation agreements with local school districts, pu blic health agencies, clinics, hospitals and other heal th care providers, including developmental disability and mental health providers, and with charities, to notif y the constituents of each of the Program and assist indivi duals, as feasible, with applying for the Program, (ii) using the media for public service announcements and advertisements of the Program, and (iii) developing poste rs advertising the Program for display in hospital a nd clinic waiting rooms. (3) The Illinois Department shall utilize accepted methods for informing persons who are illiterate, blind, deaf, or cannot understand the English language, includin g but not limited to public services announcements and adve rtisements in the foreign language media of radio, te levision and newspapers.

(4) The Illinois Department shall provide notice of the Healthy Kids Program to every child eligible for Heal thy Kids services and his or her family at the follow ing times: (A) orally by the intake worker and in writin g at the time of application for Medical Assistance; (B) at the time the applicant is informed tha t he or she is eligible for Medical Assistance benefits; and (C) at leas t 20 days before the date of any p eriodic health, vision, hearing, and dental examination for any child eligible for Healthy Kids servi ces. Notice given under this subparagraph (C) must s tate that a screening examination is due under the periodicity schedules and must advise the eligible ch ild and his or her family that the Illinois Department will provide assistance in scheduling an appoi ntment and arranging medical transportation. (h) Data Collection. The Illinois Department shall collec t data in a usable form to track utilization of Healthy Kid s screening examinations by children eligible for Healthy K ids services, including but not limited to data showing scree ning examinations and immunizations received, a summary of fol low-up treatment received by children eligible f or Healthy Kids services and the number of children receiving dental , hearing and vision services. (i) On and after July 1, 2012, the Department shall reduc e any rate of reimbursement for services or other payments or alter any methodologies authorized by this Code to reduce any rate of reimbursement for services or other payments in a ccordance with Section 5-5e. (j ) To ensure full access to the benefits set forth in th is Section, on and after January 1, 2022, the Illinois Depar tment shall ensure that provider and hospital reimbursements fo r immunization as required under this Section are no lower than 70% of the median regional maximum administration fee for the State of Illinois as established by the U.S. Department o f Health and Human Services' Centers for Medicare and Medic aid Services. (Source: P.A. 102-43, eff. 7-6-21.) (305 ILCS 5/9-6) (from Ch. 23,

par. 9-6) Sec. 9-6. Job Search, Training and Work Programs. The Illinois Department and local governmental units shall in itiate, promote and develop job search, training and wo rk programs which will provide employment for and contribute to the training and experience of persons receiving aid unde r Articles III, V, and VI. The job search , training and work programs shall be desig ned to preserve and improve the work habits and skil ls of recipients for whom jobs are not otherwise immediately av ailable and to provide training and experience for reci pients who lack the skills required for such employme nt opportunities as are or may become available. The Illinoi s Department and local governmental unit shall determine by rule those classes of recipients who shall be subject to parti cipation in such programs. If made subject to partic ipation, every applicant for or recipient of public aid who is determined to be "able to engage in employment", a s defined by the Department or local governmental unit purs uant to rules and regulations, for whom unsubsidized jobs are not otherwise immediately available shall be required to part icipate in any program established under this Section . The Illinois Department shall establish with the Director of Central Management Services an outreach and training p rogram designed to encourage and assist recipients parti cipating in job search, training and work programs t o participate in open competitive examinations for trainee and other entry level positions to maximize opportunities for placement on open competitive eligible listings and refer ral to State agencies for employment consideration. The Department shall provide payment for transportation, child care day-care and Workers' Compensation costs which occur for recipients as a result of participating in job search, training and work programs as described in this S ection. The Department may decline to initiate such prog rams in areas where eligible recipients would be so few in num ber as to not economically justify such programs; and in this ev ent the Department shall not require persons in such areas to participate in any job search, training, or work programs whatsoever as a condition of their continued receipt of, or application for, aid. The programs may include, but shall not be limited to, se rvice in child care centers, in preschool programs as t eacher aides and in public health programs as home visit ors and health aides; the maintenance of or services required in connection with public offices, buildings and grounds; st ate, county and municipal hospitals, forest preserves, parks, playgrounds, streets and highways, and other governmental maintenance or construction directed toward environmental improvement; and similar facilities. Th e Illinois Department or local governmental units may e nter into agreements with local taxing bodies and privat e not-for-profit organizations, agencies and in stitutions to provide for the supervision and administration of job sea rch, work and training projects authorized by this Section. Su ch agreements shall stipulate the requirements for utilizati on of recipients in such projects. In addition to any other req uirements dealing with the administration of these pro grams, the Department shall assure, pursuant to rules and regulations, that: (a ) Recipients may not displace regular employees. (b) The maximum number of hours of mandatory work i s 8 hours per day and 40 hours per week, not to exceed 120 ho urs per month. (c) The maximum number of hours per month shall be determined by dividing the recipient's benefits by the fe deral minimum wage, rounded to the lowest full hour. "R ecipient's benefits" in this subsection includes: (i) b oth cash assistance and food stamps provided to the enti re assistance unit or household by the Illinois Depar tment where the job search, work and training progra m is administered by the Illinois Department and, where fed eral programs are involved, includes all such cash ass istance and food stamps provided to the greatest exten t allowed by federal law; or (ii) includes only cash assist ance provided to the entire assistance unit by the local governmental unit where the job search, work and tr aining program is administered by the local governmenta l unit. (d) The recipie nt shall be provided or compensated for transportation to and from the work location. (e) Appropriate terms regarding recipient compensat ion are met. Local taxing bodies and privat e not-for-profi t organizations, agencies and institutions which utilize re cipients in job search, work and training projects auth orized by this Section are urged to include such reci pients in the formulation of their employment policie s. Unless directly paid by an employing local taxing body or not-for-profit agency, a recipient participat ing in a work project who meets all requirements set forth by the Illin ois Department shall receive credit towards his or her monthl y assistance benefits for work performed based upon the app licable minimum wage rate. Where a recipient is paid d irectly by an employing agency, the Illinois Department or local governmental unit shall provide for payment to such employing entity the appropriate amount of assistance ben efits to which the recipient would otherwise be entitled under this Code. The Illinois Department or its de signee, including local governmental units, may enter into agreements with the ag encies or institutions providing work under programs es tablished hereunder for payment to each such employer ( hereinafter called "public service employer") of all or a portion of the wages to be paid to persons for the work p erformed and other appropriate costs.

If the number of persons receiving aid under Article VI i s insufficient to justify the establishment of job search, training and work programs on a local basis by a local go vernmental unit, or if for other good cause the establi shment of a local program is impractical or unwarr anted, the local governmental unit shall cooperate with other local governmental units, with civic and non- profit community agencies, and with the Illinois Department in d eveloping a program or programs which will jointly serve the participating governmental units and agencies. A local governmental unit receiving State funds shall ref er all recipients able to engage in employment to such job search, training and work programs as are established, wh ether within or without the governmental unit, and as are acces sible to persons receiving aid from the governmental unit. The Illinois Department shall withhold allocation of state fu nds to any governmental unit which fails or refuses to make s uch referrals. Participants in job search, training and work programs sh all be required to maintain current registration for re gular employment under Section 11-10 and to accept any bo na fide offer of regular employment. They shall likewise be requi red to accept education, work and training opportunities avai lable to them under other provisions of this Code or Federal la w. The Illinois Department or local governmental unit shall prov ide by rule for periodic review of the circumstances of each participant to determine the feasibility of his placement in regular employment or other work, education and training opportunities. Moneys made available fo r public aid purposes under Artic les IV and VI may be expended to pay public service employers all or a portion of the wages of public service employees and other appropriate costs, to provide necessa ry supervisory personnel and equipment, to purchase Workers' Compensation Insurance or to pay Workers' Compensation cl aims, and to provide transportation to and from work sites. The Department shall provide through rules and regulation s for sanctions against applicants and recipients of aid un der this Code who fail to cooperate with the regulations and requirements established pursuant to this Section. Such s anctions may include the loss of eligibility to receive aid under Article VI of this Code for up to 3 months. The Department, in cooperation with a local governmental unit, may maintain a roster of persons who are required t o participate in a local job search, training and work prog ram. In such cases, the roster shall be available for inspecti on by employers for the selection of possible workers. In addition to the programs authorized by this Section, t he Illinois Department is authorized to administer any j ob search, training or work projects in conjunction with the Federal Food Stamp Program, either under this Section or under other regulations required by the Federal government. The Illinois Department may also administer pilot program s to provide job search, training and work programs to unem ployed parents of children receiving child support en forcement services under Article X of this Code.

(Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.) (305 ILCS 5/9A-7) (from Ch. 23,

par. 9A-7) Sec. 9A-7. Good cause and pre-sanction process. (a) The Department shall establish by rule what constitut es good cause for failure to participate in educ ation, training and employment programs, failure to a ccept suitable employment or terminating employment or reducing earnings. The Department shall establis h, by rule, a pre-sanc tion process to assist in resolving disputes over proposed san ctions and in determining if good cause exists. Good c ause shall include, but not be limited to: (1) temporary illness for its duration; (2) court required appearance or temporary incarcer ation; (3) (bl ank); (4) death in the family; (5) (blank); (6) (blank); (7) (blank); (8) (blank); (9) extreme inclement weather; (10) (blank); (1 1) lack of any support service even though the ne cessary service is not specifically provided under the Department program, to the extent the lack of the needed service presents a significant barrier to participation; (12) if an individual is engaged in employment or t raining or both that is consistent with the employment r elated goals of the program, if such employment and trai ning is later approved by Department staff; (13) (blank); (1 4) failure of Department staff to correctly forwa rd the information to other Department staff; (15) failure of the participant to cooperate becaus e of attendance at a test or a mandatory class or function at an educational program (including college), when an educa tion or training program is officially approved by t he Department; (16) f ailure of the participant due to his or her i lliteracy; (17) failu re of the participant because it is deter mined that he or she should be in a different activi ty; (18) non-receipt by the participant of a noti ce advising him or her of a participation requirement. If th e non-receipt of mail occurs frequently, the Departme nt shall explore an alternative means of providing notices o f participation requests to participants; (19) (blank); (2 0) non-comprehension of English, either wri tten or oral or both; (21) (bl ank); (2 2) (blank); (2 3) child care (or child day ca re for an incapacitated individual living in the same home as a dep endent child) is necessary for the participation or em ployment and such care is not available for a child und er age 13; (24) fai lure to participate in an activity due to a scheduled job interview, medical appointment for the part icipant or a household member, or school appointment;

(25) if an individual or family is experiencing hom elessness; an individual or family is experiencing hom elessness if the individual or family: (i) lacks a fix ed, regular, and adequate nighttime residence, or shar es the housing of other persons due to the loss of ho using, economic hardship, or a similar reason; (ii) is living in a motel, hotel, trailer park, or camping ground due to the lack of alternative accommodations; (iii) is l iving in an emergency or transitional shelter; (iv) resi des in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or (v) i s living in a car, park, public space, abandoned building, substandard housing, bus, train station, or similar setti ngs; (26) circum stances beyond the control of the partic ipant which prevent the participant from completing program requirements;

(27) (blank); (2 8) if an individual or family receives an evictio n notice; (29) if an in dividual's or family's utilities are d isconnected; (30) if an individual or family receives an utility disconnection notice; or (31) if an individual is exiting a publicly funded institution or system of care (such as a health-car e facility, a mental health facility, foster care or other youth facility, or correction program or institution) wit hout an option to move to a fixed, adequate night time residence. (b) (Blank). (c)(1) The Dep artment shall establish a reconciliation pr ocedure to assist in resolving disputes related to any aspect of participation, including exemptions, good cause , sanctions or proposed sanctions, supportive services, ass essments, responsibility and service plans, assignment to activities, suitability of employment, or refusals of off ers of employment. Through the reconciliation process the Dep artment shall have a mechanism to identify good cause, ensure that the client is aware of the issue, and enable the client to perform required activities without facing sanc tion. (2) A participant may request reconciliation and receive notice in writing of a meeting. At least one face-t o-face meeting may be scheduled to resolve misunderstandings or disagreements related to program participation and situat ions which may lead to a potential sanction. The meeting will address the underlying reason for the dispute and plan a resolution to enable the individual to participate in TAN F employment and work activity requirements. (2.5) If the individual fails to appear at the reconcilia tion meeting without good cause, the reconcilia tion is unsuccessful and a sanction shall be imposed. (3) The reconciliation process shall continue after it is determined that the individual did not have good cause fo r non-cooperation. Any necessary demonstration of coo peration on the part of the participant will be part of the reconcili ation process. Failure to demonstrate cooperation will result i n immediate sanction. (4) For the first instance of non-cooperation, if t he client reaches agreement to cooperate, the client shall b e allowed 30 days to demonstrate cooperation before any san ction activity may be imposed. In any subsequent instances of n on-cooperation, the client shall be provided the o pportunity to show good cause or remedy the situation by immediately complying with the requirement.

(5) The Department shall document in the case record the proceedings of the reconciliation and provide the client in writing with a reconciliation agreement. (6) If reconciliation resolves the dispute, no sanction s hall be imposed. If the client fails to comply with the reconciliation agreement, the Department shall then immed iately impose the original sanction. If the dispute cannot be resolved during reconciliation, a sanction shal l not be imposed until the reconciliation process is complete.(Source: P.A. 101-103, eff. 7-19-19.) (305 ILCS 5/9A-11) (from Ch. 23

, par. 9A-11) Sec. 9A-11. Child care . (a) The General Assembly recognizes that families with ch ildren need child care in order to work. Child care is expensive and families with limited access to economic re sources, including those who are transitioning from wel fare to work, often struggle to pay the costs of chil d day care. The General Assembly understands the importance of helping wo rking families with limited access to economic resources become and remain self-sufficient. The General Assembly also b elieves that it is the responsibility of families to share in the costs of child care. It is also the preference of the General A ssembly that all working families with limited access to economic resources should be treated equally, regardless of their welfare status. (b) To the extent resources permit, the Illinois Departme nt shall provide child care services to parents o r other relatives as defined by rule who are working or par ticipating in employment or Department approved educat ion or training programs. At a minimum, the Illinois Departme nt shall cover the following categories of families: (1) recipients of TANF under Article IV participati ng in work and training activities as specified in the perso nal plan for employment and self-sufficiency; (2) families transitioning from TANF to work; (3) families at risk of becoming recipients of TANF ; (4) families with special needs as defined by rule;

(5) working families with very low incomes as defin ed by rule; (6) families that are not recipients of TANF and th at need child care assistance to participate in education an d training activities;

(7) youth in care, as defined in Section 4d of the Children and Family Services Act, who are parents, regard less of income or whether they are working or parti cipating in Department-approved employment or education or training programs. Any family that receives child care assistance in accordance with this paragraph s hall receive one additional 12-month child care el igibility period after the parenting youth in care's ca se with the Department of Children and Family Services is closed, regardless of income or whether the parenting youth in care is working or participating in Department-approved employment or education or trai ning programs; (8) families receiving Extended Family Support Prog ram services from the Department of Children and Family Servi ces, regardless of income or whether they are workin g or participating in Department-approved employment or education or training programs; and (9) families with children under the age of 5 who h ave an open intact family services case with the Department o f Children and Family Services. Any family that receives ch ild care assistance in accordance with this paragraph s hall remain eligible for child care assistance 6 months after the child's intact family services case is closed, regardless of whether the child's parents or other relati ves as defined by rule are working or participating in Department approved employment or education or trainin g programs. The Department of Early Childhood, in consultat ion with the Department of Children and Family S ervices, shall adopt rules to protect the privacy of fam ilies who are the subject of an open intact family ser vices case when such families enroll in child care ser vices. Additional rules shall be adopted to offer chil dren who have an open intact family services case the opportunity to receive an Early Intervention screening an d other services that their families may be eligible for as provided by the Department of Human Services. Beginning October 1, 2027, and every October 1 thereafter , the Department of Children and Family Services shall repo rt to the General Assembly on the number of children who receiv ed child care via vouchers paid for by the Department of Ear ly Childhood during the preceding fiscal year. The report sh all include the ages of children who received child care, the type of child care they received, and the number of months the y received child care. The Department sh all specify by rule the conditions of el igibility, the application process, and the types, amou nts, and duration of services. Eligibility for child care bene fits and the amount of child care provided may vary based on f amily size, income, and other factors as specified by rule. The Department shall update the Child Care Assistance Pro gram Eligibility Calculator posted on its website to i nclude a question on whether a family is applying for ch ild care assistance for the first time or is applying for a r edetermination of eligibility. A fami ly's eligibility for child care services shall be r edetermined no sooner than 12 months following the initi al determination or most recent redetermination. During the 12-month periods, the family shall remain eligible for child care services regardless of (i) a change in family income , unless family income exceeds 85% of State median income, or (ii) a temporary change in the ongoing status of the pare nts or other relatives, as defined by rule, as working or attend ing a job training or educational program. I n determining income eligibility for child care benefits , the Department annually, at the beginning of each fiscal year, shall establish, by rule, one income threshold for each f amily size, in relation to percentage of State median income fo r a family of that size, that makes families with incomes bel ow the specified threshold eligible for assistance and famil ies with incomes above the specified threshold ineligible for assistance. Through and including fiscal year 2007, the s pecified threshold must be no less than 50% of the then-current State median income for each family si ze. Beginning in fiscal year 2008, the specified threshold mu st be no less than 185% of the then-current federal pover ty level for each family size. Notwithstanding any other provision of law or administrative rule to the contrary, beginning in fiscal year 2019, the specified threshold for working fam ilies with very low incomes as defined by rule must be no less than 185% of the then-current federal poverty level for each family size. Notwithstanding any other provision of law or admin istrative rule to the contrary, beginning in State f iscal year 2022 through State fiscal year 2023, the specified i ncome threshold shall be no less than 200% of the then-cu rrent federal poverty level for each family size. Beginning in State fiscal year 2024, the specified income threshold shall be no less than 225% of the then-current federal poverty level for each family size. In determining eligi bility for assistance, the Department shall not give preference to any category of recipients o r give preference to individuals based on their receipt of benefits under this Code. Nothing in th is Section shall be construed as conferring entitlement status to eligible families. The Illinois Department is authorized to lower income eli gibility ceilings, raise parent co-payments, cre ate waiting lists, or take such other actions during a fiscal year as are necessary to ensure that child care benefits paid under t his Article do not exceed the amounts appropriated for those child care benefits. These changes may be accomplished by emerg ency rule under Section 5-45 of the Illinois Administrat ive Procedure Act, except that the limitation on the number o f emergency rules that may be adopted in a 24-month p eriod shall not apply. The Illinois Department may contract with other State age ncies or child care organizations for the administrati on of child care services. (c) Payment shall be made for child care that otherwise m eets the requirements of this Section and applicable sta ndards of State and local law and regulation, includin g any requirements the Illinois Department promulgates by rule. Through June 30, 2026, the rules of this Section include licensure requirements adopted by the Department of Child ren and Family Services. On and after July 1, 2026, the rules of this Section include licensure requirements adopted by th e Department of Early Childhood. In addition, the regulatio ns of this Section include the Fire Prevention and Safety requi rements promulgated by the Office of the State Fire Marshal, and is provided in any of the following: (1) a child care center which is licensed or exempt from licensure pursuant to Section 2.09 of the Child Care Act of 1969; (2) a lic ensed child care home or home exempt from licensing; (3) a licen sed group child care home; (4) other types of child care, including child care provided by relatives or persons living in the same home as the child, as determined by the Illinois Department by rule. (c-5) Solely for the purpos es of coverage under the Illinois Public Labor Relations Act, child an d day care home providers, including licensed and license exempt, partici pating in the Department's child care assistance p rogram shall be considered to be public employees and th e State of Illinois shall be considered to be their employe r as of January 1, 2006 (the effective date of Public Act 94-320), but not before. The State shall engage in collective barg aining with an exclusive representative of child and day care home providers participating in the child care assis tance program concerning their terms and conditions of employme nt that are within the State's control. Nothing in this subs ection shall be understood to limit the right of fami lies receiving services defined in this Section to select chil d and day care home providers or supervise them wi thin the limits of this Section. The State shall not be considered to be the employer of child and day care h ome providers for any purposes not specifically provided in Public Act 94-320, inc luding, but not limited to, purposes of vicarious liability in tort a nd purposes of statutory retirement or health insurance bene fits. Child and day care home provider s shall not be covered by the State Employees Group Insurance Act of 1971.

In according child and day care home providers and their selected representative rights under the Illinois Public Labor Relations Act, the State intends that the State action ex emption to application of federal and State antitrust l aws be fully available to the extent that their activities ar e authorized by Public Act 94-320. (d) The Illinois Department shall establish, by rule, a c o-payment scale that provides for cost sharing by families that receive child care services, including parents whose only income is from assistance under this Code. The co-p ayment shall be based on family income and family size and may b e based on other factors as appropriate. Co-payments may be waived for families whose incomes are at or below the fed eral poverty level. (d-5) The Illinois Department, in consultation with its Child Care and Development Advisory Council, shall develo p a plan to revise the child care assistance program's co-payment scale. The plan shall be completed no later than February 1, 2008, and shall include: (1) findings as to the percentage of income that th e average American family spends on child care and the rela tive amounts that low-income families and the a verage American family spend on other necessities of life; (2) recommendations for revising the child care co-payment scale to assure that families receiving child care services from the Department are paying no more than they can reasonably afford;

(3) recommendations for revising the child care co-payment scale to provide at-risk children with complete access to Preschool for All and Head Start; and (4) recommendations for changes in child care progr am policies that affect the affordability of child care. (e) (Blank). (f) The Illinois Departmen t shall, by rule, set rates to be paid for the various types of child care. Child care m ay be provided through one of the following methods: (1) arranging the child care through eligible provi ders by use of purchase of service contracts or vouc hers; (2) arrangin g with other agencies and community vol unteer groups for non-reimbursed child care; (3) (blank); or

(4) adopting such other arrangements as the Departm ent determines appropriate. (f-1) Wit hin 30 days after June 4, 2018 (the effect ive date of Public Act 100-587), the Department of Huma n Services shall establish rates for child care providers that are n o less than the rates in effect on January 1, 2018 increase d by 4.26%. (f-5) (Blank). (g) Families eligi ble for assistance under this Section s hall be given the following options: (1) receiving a child care certificate issued by th e Department or a subcontractor of the Department that may be used by the parents as payment for child care and deve lopment services only; or (2) if space is available, enrolling the child with a child care provider that has a purchase of service contra ct with the Department or a subcontractor of the De partment for the provision of child care and developmen t services. The Department may identify particular priority populations for whom they may request special considerati on by a provider with purchase of service cont racts, provided that the providers shall be permitted to maintain a balance of clients in terms of household in comes and families and children with special needs, as defined by rule.(Source: P.A. 102-49 1, eff. 8-20-21; 10 2-813, eff. 5-13-22; 102-926, eff. 5-27-22; 103-8, eff . 6-7-23; 103-594, eff. 6-25-24.) Section 197. The Department of Early C hildhood Act is amended by changing the heading of Article 20 and Section s 20-10, 20-15, 20-20, 20-25, and 2 0-35 by changing Section 1-10 as follows:

(325 ILCS 3/1-10) Sec. 1-10. Purpose. It is the purpose of this Act to provide for the creation of the Department of Early Child hood and to transfer to it certain rights, powers, duties, and functions currently exercised by various agencies of Stat e Government. The Department of Early Childhood shall be th e lead State agency for administering and providing early c hildhood education and care programs and services to chi ldren and families. This Act centralizes home-visiting se rvices, early intervention services, preschool services, child ca re services, licensing for child day care centers, child day care homes, and group child day care homes, and other early childhood education and care programs and administrative functions historically managed by the Illinois State Boar d of Education, the Illinois Department of Human Services, and the Illinois Department of Children and Family Services. Cent ralizing early childhood functions into a single Stat e agency is intended to simplify the process for parents an d caregivers to identify and enroll children in early child hood services, to create new, equity-driven statewide sy stems, to streamline administrative functions for providers, and to improve kindergarten readiness for children. (Source: P.A. 103-594, eff. 6-25-24.) (325 ILCS 3/Art. 20 heading) ARTICLE 20. POWERS AND DUTIES RE

LATING TO CHILD CARE AND DAY CARE LICENSING(Source: P.A. 103-594, eff. 6-25-24.) (325 ILCS 3/20-10) Sec. 20-10. Child care . (a) The General Assembly recognizes that families with ch ildren need child care in order to work. Child care is expensive and families with limited access to economic re sources, including those who are transitioning from wel fare to work, often struggle to pay the costs of chil d day care. The General Assembly understands the importance of helping wo rking families with limited access to economic resources become and remain self-sufficient. The General Assembly also b elieves that it is the responsibility of families to share in the costs of child care. It is also the preference of the General A ssembly that all working families with limited access to economic resources should be treated equally, regardless of their welfare status. (b) On and after July 1, 2026, to the extent resources pe rmit, the Illinois Department of Early Childhood shall provide child care services to parents or other relatives as defined by rule who are working or participating in emplo yment or Department approved education or training programs as prescribed in Section 9A-11 of the Illinois Public Aid Code. (c) Smart Start Child Care Program. Through June 30, 2026 , subject to appropriation, the Department of Human Service s shall establish and administer the Smart Start Child Care Program. On and after July 1, 2026, the Department of Ear ly Childhood shall administer the Smart Start Child Care Pro gram. The Smart Start Child Care Program shall focus on creatin g affordable child care, as well as increasing access to ch ild care, for Illinois residents and may include, but is not limited to, providing funding to increase preschool avail ability, providing funding for child care childcare workforce compensation or capital investments, and expand ing funding for Early Childhood Access Consortium for Equity Scholarships. The Department with authority to administer the Smart Start Child Care Program shall establish program el igibility criteria, participation conditions, payment l evels, and other program requirements by rule. The Depar tment with authority to administer the Smart Start Child Care P rogram may consult with the Capital Development Board, t he Department of Commerce and Economic Opportunity, the Stat e Board of Education, and the Illinois Housing Development Authority, and other state agencies as determined by the Department in the management and disbursement of funds fo r capital-related projects. The Capital Development B oard, the Department of Commerce and Economic Opportunity, the Stat e Board of Education, and the Illinois Housing Development Authority, and other state agencies as determined by the Department shall act in a consulting role only for the ev aluation of applicants, scoring of applicants, or admin istration of the grant program.(Sourc e: P.A. 103-594, eff. 6-25-24.) (325 ILCS 3/20-15) Sec. 20-15. C hild Day care services. (a) For the purpose of ensuring effective statewide plann ing, development, and utilization of resources for t he child day care of chil dren, operated under various auspices, the Department of Early Childhood is designated on and af ter July 1, 2026 to coordinate all child day care activities for children of the State and shall develop or continue, and shall update every year, a State comprehensive child day care plan for submission to the Governor that identifies high-priority areas and groups, relating them to available resources an d identifying the most effective approaches to the use of e xisting child day care services. The State comprehensive child day care plan sh all be made available to the General Assembly following the Governor's approval of the plan. The plan shall include methods and procedures for the dev elopment of additional child day care resources for children to meet the goal of reducing short-run and long-run dependency and to provide necessary enrichment and stimul ation to the education of young children. Recommendations shall be made for State policy on optimum use of private and publi c, local, State and federal resources, including an estimate of the resources needed for the licensing and regulation of child day care facilities. A wri tten report shall be submitted to the Governor and t he General Assembly annually on April 15. The report sha ll include an evaluation of developments over the preceding fiscal year, including cost-benefit analyses of var ious arrangements. Beginning with the report in 1990 submitted by the Department's predecessor agency and every 2 years the reafter, the report shall also include the following: (1) An assessment of the child care services, needs and available resources throughout the State and an asses sment of the adequacy of existing child care service s, including, but not limited to, services assiste d under this Act and under any other program administered b y other State agencies.

(2) A survey of child day care facilities to determine the number of qualified caregivers, as defined by rule, a ttracted to vacant positions and any problems encountere d by facilities in attracting and retaining capable caregiv ers. The report shall include an assessment, based on the survey, of improvements in employee benefits that may attract capable caregivers. (3) The average wages and salaries and fringe benef it packages paid to caregivers throughout the State, compute d on a regional basis, compared to similarly qualified empl oyees in other but related fields. (4) The qualifications of new caregivers hired at l icensed child day care facilities during the previous 2-year period. ( 5) Recommendations for increasing caregiver wages and salaries to ensure quality care for children. (6) Evaluation of the fee structure and income elig ibility for child care subsidized by the State. (b) The Department of Early Childhood shall establish pol icies and procedures for developing and implementing i nteragency agreements with other agencies of the State p roviding child care services or reimbursement for such s ervices. The plans shall be annually reviewed and modifi ed for the purpose of addressing issues of applicability and service system barriers. (c) In coopera tion with other State agencies, the Departm ent of Early Childhood shall develop and implement , or shall continue, a resource and referral system for the St ate of Illinois either within the Department or by contract w ith local or regional agencies. Funding for implementation of this system may be provided through Department appropriations or other interagency funding arrangements. The resource and referral system shall provide at least the following serv ices: (1) Assembling and maintaining a database on the su pply of child care services. (2) Providing information and referrals for parents . (3) Coordinating the development of new child care resources. (4) Providi ng technical assistance and training to child care service providers. (5) Recording and analyzing the demand for child ca re services. (d) The Department of Early C hildhood shall conduct child day care planning activities with the follow ing priorities: (1) Development of voluntary child day care resources wherever possible, with the provision for grants-in -aid only where demonstrated to be useful and necessary as inc entives or supports. The Department shall design a pla n to create more child care slots as well as goals and time tables to improve quality and accessibility of child care. (2) Emphasis on service to children of recipients o f public assistance when such service will allow training o r employment of the parent toward achieving the goal of ind ependence. (3) Care of children from families in stress and cr ises whose members potentially may become, or are in da nger of becoming, non-productive and dependent. (4) Expansion of family child day care facilities wherever possible. (5) Location of centers in economically depressed n eighborhoods, preferably in multi-service centers with cooperation of other agencies. The Department shall coord inate the provision of grants, but only to the exten t funds are specifically appropriated for this purpose, to encourage the creation and expansion of child care center s in high need communities to be issued by the State, busin ess, and local governments. (6) Use of existing facilities free of charge or fo r reasonable rental whenever possible in lieu of constructi on. (7) Deve lopment of strategies for assuring a more c omplete range of child da y care options, including provision of child day care services in homes, in schools, or in centers, which will enable parents to complete a co urse of education or obtain or maintain employment and the creation of more child care options for swing shift, evening, and weekend workers and for working women with s ick children. The Department shall encourage companies t o provide child care in their own offices or in the buildin g in which the corporation is located so that employees of all the building's tenants can benefit from the facility.

(8) Development of strategies for subsidizing stude nts pursuing degrees in the child care field. (9) Continuation and expansion of service programs that assist teen parents to continue and complete their e ducation. Emphasis shall be given to s upport services that will hel p to ensure such parents' graduation from high school and t o services for participants in any programs of job training conducted by the Department. (e) The De partment of Early Childhood shall actively stim ulate the development of public and private resources at the local level. It shall also seek the fullest utilizati on of federal funds directly or indirectly available to the Dep artment. Where appropriate, existing non-governm ental agencies or associations shall be involved in planning by the Department.(Source: P.A. 103-594, ef f. 6-25-24.) (325 ILCS 3/20-20) Sec. 20-20. C hild Day care facilities for the children of migrant workers. On and after July 1, 2026, the Department of Early Childhood shall operate child day care facilities for the children of migrant workers in areas of the State whe re they are needed. The Department of Early Childhood may pr ovide these child day care services by contracting with private centers if practicable. "Migrant worker" means any person who moves seasonally from one place to another, within or wit hout the State, for the purpose of employment in agricultural activities.(Source: P.A. 103-594, ef f. 6-25-24.) (325 ILCS 3/20-25) Sec. 20-25. Licensing child day care facilities. (a) Beginning July 1, 2024, the Department of Early Child hood and the Department of Children and Family Servi ces shall collaborate and plan for the transition of administ rative responsibilities related to licensing child day care centers, child day care homes, and group child day care homes as prescribed throughout the Child Care Act of 1969 . (b) Beginning July 1, 2026, the Department of Early Child hood shall manage all facets of licensing for child day care centers, child day care homes, and group child day care homes as prescribed throughout the Child Care Act of 1969 . (Source: P.A. 103-594, eff. 6-25-24.) (325 ILCS 3/20-35) Sec. 20-35. Great STAR T program. (a) Through June 30, 2026, the Department of Human Servic es shall, subject to a specific appropriation for t his purpose, operate a Great START (Strategy To Attract and R etain Teachers) program. The goal of the program is to improve children's developmental and educational outcomes in chil d care by encouraging increased professional preparation by staff and staff retention. The Great START program shall coordinate with the TEACH professional development progra m. The program shall provide wage supplements and may includ e other incentives to licensed child care center personnel, including early childhood teachers, school-age work ers, early childhood assistants, school-age assistants, and di rectors, as such positions are defined by administrative rule of the Department of Children and Family Services. The program s hall provide wage supplements and may include other incentives to licensed family child day care home personnel and licensed group child day care home personnel, including caregivers and assistants as such positions are defined by administrativ e rule of the Department of Children and Family Services. I ndividuals will receive supplements commensurate with th eir qualifications. (b) On and after July 1 , 2026, the Department of Early Ch ildhood shall, subject to a specific appropriation for this purpose, operate a Great START program. The goal of the p rogram is to improve children's developmental and educat ional outcomes in child care by encouraging increased professio nal preparation by staff and staff retention. The Great START program shall coordinate with the TEACH professional deve lopment program. The program shall provide wage supplements and may includ e other incentives to licensed child care center personnel, including early childhood teachers, school-age work ers, early childhood assistants, school-age assistants, and di rectors, as such positions are defined by administrative rule by the Department pursuant to subsections (a) and this subsectio n. (c) The Department, pursuant to subsections (a) and (b), shall, by rule, define the scope and operation of the pro gram, including a wage supplement scale. The scale shall pay in creasing amounts for higher levels of educational attai nment beyond minimum qualifications and shall recognize longevi ty of employment. Subject to the availability of sufficient app ropriation, the wage supplements shall be paid to chil d care personnel in the form of bonuses at 6-month in tervals. Six months of continuous service with a single employer i s required to be eligible to receive a wage supplement bonu s. Wage supplements shall be paid directly to individual child day care personnel, not to their employers. Eligible individuals must provide to the Department or its agent a ll information and documentation, including but not limited to college transcripts, to demonstrate their qualifications for a particular wage supplement level. If ap propriations permit, the Department may include one-time signing bonuses or other incentives to hel p providers attract staff, provided that the signing bonuses are less than the supplement staff would have received if they had rema ined employed with another child day care center or family child day care home. If appropri ations permit, the Department may include one-time longevity bonuses or other incentives to r ecognize staff who have remained with a single employer.(Source: P.A. 103-594, eff. 6-25-24.) Section 200. The Abused and Neglected Child Reporting Act is amended by changing Sections 2, 4, and 8.2 as follows:

(325 ILCS 5/2) (from Ch. 23, par. 205

2) Sec. 2. (a) The Illin ois Department of Children and Family Services shall, upon receiving reports made under this Ac t, protect the health, safety, and best interests of the chi ld in all situations in which the child is vulnerable to child abuse or neglect, offer protective services in order to prevent any further harm to the child and to other children in the sa me environment or family, stabilize the home environment, an d preserve family life whenever possible. Recognizing that children also can be abused and neglected while living in public or private residential agencies or institutions me ant to serve them, while attending child day care centers, schools, or religious activities, or when in contact with adults who are responsible for the welfare of the child a t that time, this Act also provides for the reporting and invest igation of child abuse and neglect in such instance s. In performing any of these duties, the Department may utiliz e such protective services of voluntary agencies as are ava ilable. (b) The Department shall be responsible for receiving and investigating reports of adult resident abuse or neglect under the provisions of this Act. (Source: P.A. 96-1446, eff. 8-20-10.) (325 ILCS 5/4) Sec. 4. Persons required to report; privileged communications; transmitting false report. (a) The following persons are required to immediately rep ort to the Department when they have reasonable cause to believe that a child known to them in their professional or official capacities may be an abused child or a neglected child: (1) Medical pe rsonnel, including any: physician lic ensed to practice medicine in any of its branches (med ical doctor or doctor of osteopathy); resident; inter n; medical administrator or personnel engaged in the examination, care, and treatment of persons; psychiatrist ; surgeon; dentist; dental hygienist; chiropractic physicia n; podiatric physician; physician assistant; emer gency medical technician; physical therapist; physica l therapy assistant; occupational therapist; occupational t herapy assistant; acupuncturist; registered nurse; licen sed practical nurse; advanced practice registered nu rse; genetic counselor; respiratory care practitioner; home health aide; or certified nursing assistant.

(2) Social services and mental health personnel, in cluding any: licensed professional counselor; licensed clinical professional counselor; licensed social worker; licensed clinical social worker; licensed psychologist or assistant working under the direct supervision of a psych ologist; associate licensed marriage and family ther apist; licensed marriage and family therapist; field personnel of the Departments of Healthcare and Family Ser vices, Public Health, Human Services, Human Rights, or Children and Family Services; supervisor or administrator of the General Assistance program established under Artic le VI of the Illinois Public Aid Code; social servic es administrator; or substance abuse treatment pers onnel. (3) Crisis intervention personnel, including any: c risis line or hotline personnel; or domestic violence pr ogram personnel. (4) Education personnel, including any: school pers onnel (including administrators and certified and non -certified school employees); personnel of insti tutions of higher education; educational advocate assigned to a c hild in accordance with the School Code; member of a sch ool board or the Chicago Board of Education or the gov erning body of a private school (but only to the exten t required under subsection (d)); or truant officer.

(5) Recreation or athletic program or facility pers onnel; or an athletic trainer. (6) Child care personnel, including any: early inte rvention provider as defined in the Early Interventio n Services System Act; director or staff assistant of a nur sery school or a child day ca re center; or foster parent, homemaker, or child care worker. (7) Law enforcement personnel, including any: law e nforcement officer; field personnel of the Department of Juvenile Justice; field personnel of the Department of Co rrections; probation officer; or animal control officer or field investigator of the Department of Agriculture's Bureau of Animal Health and Welfare. (8) Any funeral home director; funeral home directo r and embalmer; funeral home employee; coroner; or medical examiner. (9) Any memb er of the clergy. (10) Any physician, physician assistant, registered nurse, licensed practical nurse, medical technician, cert ified nursing assistant, licensed social worker, lice nsed clinical social worker, or licensed professional counselor of any office, clinic, licensed behavior analys t, licensed assistant behavior analyst, or any othe r physical location that provides abortions, abortion refer rals, or contraceptives. (b) When 2 or more persons who work within the same workp lace and are required to report under this Act share a reasonable cause to believe that a child may be an abused or neglected child, one of those reporters may be designated to make a single report. The report shall include the names and contact information for the other mandated reporters shar ing the reasonable cause to believe that a child may be an ab used or neglected child. The designated reporter must provide written confirmation of the report to those mandated repo rters within 48 hours. If confirmation is not provided, those m andated reporters are individually responsible for immed iately ensuring a report is made. Nothing in this Se ction precludes or may be used to preclude any person from repo rting child abuse or child neglect. (c)(1) A s used in this Section, "a child known to them in their professional or official capacities" means: (A) the mandated reporter comes into contact with t he child in the course of the reporter's employment or pract ice of a profession, or through a regularly schedule d program, activity, or service; (B) the mandated reporter is affiliated with an age ncy, institution, organization, school, school distric t, regularly established church or religious organ ization, or other entity that is directly responsibl e for the care, supervision, guidance, or training of the c hild; or (C) a person makes a specific disclosure to the man dated reporter that an identifiable child is the victi m of child abuse or child neglect, and the disclosure happe ns while the mandated reporter is engaged in the rep orter's employment or practice of a profession, or in a regularly scheduled program, activity, or service. (2) Nothing in this Section requires a child to come befo re the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. (d) If an allegation is raised to a school board member d uring the course of an open or closed school board meeti ng that a child who is enrolled in the school district of wh ich the person is a board member is an abused child as define d in Section 3 of this Act, the member shall direct or cause t he school board to direct the superintendent of the school d istrict or other equivalent school administrator to comp ly with the requirements of this Act concerning the reportin g of child abuse. For purposes of this paragraph, a school boa rd member is granted the authority in that board member's in dividual capacity to direct the superintendent of the s chool district or other equivalent school administrator to comp ly with the requirements of this Act concerning the reportin g of child abuse. Notwithstanding any other provision of this Act, if an em ployee of a school district has made a report or caused a report to be made to the Department under this Act involv ing the conduct of a current or former employee of the school district and a request is made by another school district for the provision of information concerning the job performan ce or qualifications of the current or former employee because the current or former employee is an applicant for employment with the requesting school district, the general superintenden t of the school district to which the request is being made mu st disclose to the requesting school district the fact that an employee of the school district has made a report involvi ng the conduct of the applicant or caused a report to be mad e to the Department, as required under this Act. Only the fact that an employee of the school district has made a report invo lving the conduct of the applicant or caused a report to be mad e to the Department may be disclosed by the general superinten dent of the school district to which the request for informati on concerning the applicant is made, and this fact may be di sclosed only in cases where the employee and the genera l superintendent have not been informed by the Department t hat the allegations were unfounded. An employee of a school d istrict who is or has been the subject of a report made pursuant to this Act during the employee's employment wit h the school district must be informed by that school district that if the employee applies for employment with another schoo l district, the general superintendent of the former school district, upon the request of the school district to whic h the employee applies, shall notify that requesting school dis trict that the employee is or was the subject of such a report.

(e) Whenever such person is required to report under this Act in the person's capacity as a member of the staff of a medical or other public or private institution, school, f acility or agency, or as a member of the clergy, the per son shall make report immediately to the Department in accord ance with the provisions of this Act and may also notify the p erson in charge of such institution, school, facility or agency , or church, synagogue, temple, mosque, or other religious ins titution, or designated agent of the person in charge that such report has been made. Under no circumstances shall a ny person in charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or other re ligious institution, or designated agent of the person in charge to whom such notification has been made, exercise any control, restraint, modification or other change in the r eport or the forwarding of such report to the Department. (f) In addition to the persons required to report suspect ed cases of child abuse or child neglect under thi s Section, any other person may make a report if such perso n has reasonable cause to believe a child may be an abused chil d or a neglected child. (g) The privileged qu ality of communication between any p rofessional person required to report and the profession al person's patient or client shall not apply to situations involving abused or neglected children and shall not cons titute grounds for failure to report as required by t his Act or constitute grounds for failure to share informatio n or documents with the Department during the course of a chil d abuse or neglect investigation. If requested by the profe ssional, the Department shall confirm in writing tha t the information or documents disclosed by the professional we re gathered in the course of a child abuse or neglect invest igation. The reporting requireme nts of this Act shall not apply to the contents of a privileged communication between an att orney and the attorney's client or to confidential information within the meaning of Rule 1.6 of the Illinois Rules of P rofessional Conduct relating to the legal representation of an individual client. A member of the clergy may claim the privilege under Sect ion 8-803 of the Code of Civil Procedure. (h) Any office, clinic, or any other physical location th at provides abortions, abortion referrals, or contracep tives shall provide to all office personnel copies of written i nformation and training materials about abuse and neglec t and the requirements of this Act that are provided to employe es of the office, clinic, or physical location who are required to make reports to the Department under this Act, and instru ct such office personnel to bring to the attention of an emp loyee of the office, clinic, or physical location who is requir ed to make reports to the Department under this Act any reasona ble suspicion that a child known to office personnel in their professional or official capacity may be an abused child or a neglected child. (i) Any person who ent ers into employment on and after Ju ly 1, 1986 and is mandated by virtue of that employment to report under this Act, shall sign a statement on a form p rescribed by the Department, to the effect that the empl oyee has knowledge and understanding of the reporting requirem ents of this Act. On and after January 1, 2019, the statement shall also include information about available mandated reporte r training provided by the Department. The statement shall be signed prior to commencement of the employment. The signe d statement shall be retained by the employer. The cost of printing, distribution, and filing of the statement shall be borne by the employer. (j) Persons requ ired to report child abuse or child negle ct as provided under this Section must complete an i nitial mandated reporter training, including a section o n implicit bias, within 3 months of their date of engagemen t in a professional or official capacity as a mandated reporter, or within the time frame of any other applicable State law t hat governs training requirements for a specific profession, and at least every 3 years thereafter. The initial requiremen t only applies to the first time they engage in their profe ssional or official capacity. In lieu of training ev ery 3 years, medical personnel, as listed in paragraph (1) of s ubsection (a), must meet the requirements described in s ubsection (k). The mandated reporter t rainings shall be in-person or web-based, and shall include, at a minimum, informa tion on the following topics: (i) indicators for recognizing child ab use and child neglect, as defined under this Act; (ii) the pr ocess for reporting suspected child abuse and child neglect in Illinois as required by this Act and the required documen tation; (iii) responding to a child in a trauma-informed manner; and (iv) understanding the response of child protective services and the role of the reporter af ter a call has been made. Child-serving organizations are encouraged to provide in-person annual trainings. The implicit bias section shall be in-person or web -based, and shall include, at a minimum, information on the follo wing topics: (i) implicit bias and (ii) racial and ethnic sens itivity. As used in this subsection, "implicit bias" means the attitudes or internalized stereotypes that affect peo ple's perceptions, actions, and decisions in an unconscious man ner and that exist and often contribute to unequal treatment of people based on race, ethnicity, gender identity, sexual orientation, age, disability, and other characteristics. The implicit bias section shall provide tools to adjust autom atic patterns of thinking and ultimately eliminate discriminat ory behaviors. During these trainings mandated reporters shal l complete the following: (1) a pretest to assess baseline implicit bias levels; (2) an implicit bias training task; and (3) a posttest to reevaluate bias levels after training. The implicit bias curriculum for mandated reporters shall be developed within one year after January 1, 2022 (the effe ctive date of Public Act 102-604) and shall be created in consultation with organizations demonstrating expertise a nd or experience in the areas of implicit bias, youth and adole scent developmental issues, prevention of child abuse, exploita tion, and neglect, culturally diverse family systems, and the c hild welfare system. The mandated reporter training, including a section on im plicit bias, shall be provided through the Department, through an entity authorized to provide continuing educat ion for professionals licensed through the Department of Fina ncial and Professional Regulation, the State Board of Education , the Illinois Law Enforcement Training Standards Board, or the Illinois State Police, or through an organization approve d by the Department to provide mandated reporter training, inc luding a section on implicit bias. The Department must make available a free web-based training for reporters.

Each mandated reporter shall report to the mandated repor ter's employer and, when applicable, to the mandated reporter's licensing or certification board that the mand ated reporter received the mandated reporter training. The man dated reporter shall maintain records of completion. Beginning January 1, 2021, if a mandated reporter receive s licensure from the Department of Financial and Profession al Regulation or the State Board of Education, and the manda ted reporter's profession has continuing education requiremen ts, the training mandated under this Section shall count towa rd meeting the licensee's required continuing education hour s. (k)(1) Medical personnel, as listed in paragraph (1) of s ubsection (a), who work with children in their professio nal or official capacity, must complete mandated reporter tra ining at least every 6 years. Such medical personnel, if licens ed, must attest at each time of licensure renewal on their re newal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the proce ss for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter afte r a call has been made. (2) In lieu of rep eated training, medical personnel, as l isted in paragraph (1) of subsection (a), who do not wor k with children in their professional or official capacity, may instead attest each time at licensure renewal on their re newal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the proce ss for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter afte r a call has been made. Nothing in this paragraph precludes m edical personnel from completing mandated reporter train ing and receiving continuing education credits for that train ing. (l) The Department shall provide copies of this Act, upon request, to all employers employing persons who shall be required under the provisions of this Section to report u nder this Act. (m) Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the Criminal C ode of 2012. A violation of this provision is a Class 4 felony. Any person who knowingly and willfully violates any provi sion of this Section other than a second or subseque nt violation of transmitting a false report as described in the preceding paragraph, is guilty of a Class A misdemeanor f or a first violation and a Class 4 felony for a second or subs equent violation; except that if the person acted as part of a p lan or scheme having as its object the prevention of discovery o f an abused or neglected child by lawful authorities for the p urpose of protecting or insulating any person or entity from arrest or prosecution, the person is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense (regardless of whether the second or s ubsequent offense involves any of the same facts or pers ons as the first or other prior offense). ( n) A child whose parent, guardian or custodian in good f aith selects and depends upon spiritual means through pr ayer alone for the treatment or cure of disease or remedial ca re may be considered neglected or abused, but not for the sole r eason that the child's parent, guardian or custodian accepts an d practices such beliefs. (o) A child sha ll not be considered neglected or abused s olely because the child is not attending school in accor dance with the requirements of Article 26 of the School Code, a s amended. (p) Nothing in this Act prohib its a mandated reporter who reasonably believes that an animal is being abused or neg lected in violation of the Humane Care for Animals Act from reporting animal abuse or neglect to the Department of Ag riculture's Bureau of Animal Health and Welfare.

(q) A home rule unit may not regulate the reporting of ch ild abuse or neglect in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinoi s Constitution on the concurrent exercise by home rule unit s of powers and functions exercised by the State. (r) For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. (Source: P.A. 102-604, eff . 1-1-22; 102 -861, eff. 1-1-23; 102-953, eff. 5-27-22; 103-22, ef f. 8-8-23; 103-154, eff. 6-30-23.) (325 ILCS 5/8.2) (from Ch. 23, par. 2

058.2) Sec. 8.2. If the Chil d Protective Service Unit determines, following an investigation made pursuant to Section 7.4 o f this Act, that there is credible evidence that the child is abused or neglected, the Department shall assess the fami ly's need for services, and, as necessary, develop, with the f amily, an appropriate service plan for the family's volu ntary acceptance or refusal. In any case where there is evidenc e that the perpetrator of the abuse or neglect has a substa nce use disorder as defined in the Substance Use Disorder Act , the Department, when making referrals for drug or alcohol abu se services, shall make such referrals to facilities license d by the Department of Human Services or the Department of Pub lic Health. The Department shall comply with Section 8.1 by e xplaining its lack of legal authority to compel the acce ptance of services and may explain its concomitant au thority to petition the Circuit court under the Juvenil e Court Act of 1987 or refer the case to the local law enfo rcement authority or State's attorney for criminal pr osecution. For purposes of this Act, the term "family preservation s ervices" refers to all services to help families, includ ing adoptive and extended families. Family preservation servi ces shall be offered, where safe and appropriate, to prevent the placement of children in substitute care when the childre n can be cared for at home or in the custody of the person resp onsible for the children's welfare without endangerin g the children's health or safety, to reunite them with their f amilies if so placed when reunification is an appropriat e goal, or to maintain an adoptive placement. The term "hom emaker" includes emergency caretakers, homemakers, ca retakers, housekeepers and chore services. The term "co unseling" includes individual therapy, infant stimulat ion therapy, family therapy, group therapy, self-help g roups, drug and alcohol abuse counseling, vocational counseling and p ost-adoptive services. The term "child day care" includes protective child day care and child day care to meet educational, prevocational or vocational needs. The term "emergency assistance and advocacy" includes coordinated services to secure emergency cash, food, housing and medi cal assistance or advocacy for other subsistence and family p rotective needs. Before July 1, 2000, appropriate family preservation serv ices shall, subject to appropriation, be included in the service plan if the Department has determined that those services will ensure the child's health and safety, are i n the child's best interests, and will not place the child in i mminent risk of harm. Beginning July 1, 2000, appropriat e family preservation services shall be uniformly available throughout the State. The Department shall promptly notif y children and families of the Department's responsibility to offer and provide family preservation services as identif ied in the service plan. Such plans may include but are not l imited to: case management services; homemakers; counseling; par ent education; child day care; emergency assistance and advocacy assessments; respite care; in-home health care; tra nsportation to obtain any of the above services; and medical assistan ce. Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any indiv idual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Cou rt Act of 1987 and the child's service plan calls for services t o facilitate achievement of the permanency goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available . Each Department field office shall maintain on a local ba sis directories of services available to children and f amilies in the local area where the Department office is located. The Department shall refer chi ldren and families served p ursuant to this Section to private agencies and governme ntal agencies, where available. Incentives t hat discourage or reward a decision to provid e family preservation services after a report is indicated or a decision to refer a child for the filing of a petition un der Article II of the Juvenile Court Act of 1987 are strictly prohibited and shall not be included in any contract, qua lity assurance, or performance review process. Incentives incl ude, but are not limited to, monetary benefits, contingencies, and enhanced or diminished performance reviews for individual s or agencies. Any decision regarding whethe r to provide family preserva tion services after an indicated report or to ref er a child for the filing of a petition under Article II of th e Juvenile Court Act of 1987 shall be based solely on the c hild's health, safety, and best interests and on any applicable law. If a difference of opinion exists between a private agenc y and the Department regarding whether to refer for the filing of a petition under Article II of the Juvenile Court Act of 19 87, the case shall be referred to the Deputy Director of Chil d Protection for review and determination. Any Department employee responsible for reviewing contrac ts or program plans who is aware of a violation of this Section shall immediately refer the matter to the Inspect or General of the Department. Where there are 2 equal proposals from both a not-f or-profit and a for-profit agency to provide services, the Department shall give preference to the proposal from the not-for-profit agency. No s ervice plan shall compel any child or parent to engag e in any activity or refrain from any activity which is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of chil d abuse or neglect.(Source: P.A. 100-7 59, eff. 1-1-19; 101 -528, eff. 8-23-19.) Section 205. The Missing Children Reco rds Act is amended by changing Section 5 as follows: (325 ILCS 50/5) (from Ch. 23, par. 22

85) Sec. 5. Duties of school or other entity. (a) Upon notification by the Illinois State Police of a p erson's disappearance, a school, preschool educational p rogram, child care facility, or child

day care home or group child day care home in which the person is currently or was previously enrolled shall flag the record of that person in such a manner that whenever a copy of or information rega rding the record is requested, the school or other entity shall be alerted to the fact that the record is that of a missing person. The school or other entity shall immediately repo rt to the Illinois State Police any request concerning flagged records or knowledge as to the whereabouts of any missing person. Upon notification by the Illinois State Police th at the missing person has been recovered, the school or othe r entity shall remove the flag from the person's record. (b) (1) For every child enrolled in a particular elementa ry or secondary school, public or private prescho ol educational program, public or private child care facilit y licensed under the Child Care Act of 1969, or ch ild day care home or group child day care home licensed under the Child Care Act of 1969, that school or other entity shall notify in writing the person enrolling the child that within 30 day s he must provide either (i) a certified copy of the child's b irth certificate or (ii) other reliable proof, as determined b y the Illinois State Police, of the child's identity and age an d an affidavit explaining the inability to produce a copy of t he birth certificate. Other reliable proof of the child's id entity and age shall include a passport, visa or other governmental documentation of the child's identity. When the person enrolling the child provides the school or other e ntity with a certified copy of the child's birth certificate, t he school or other entity shall promptly make a copy of the certified copy for its records and return the original ce rtified copy to the person enrolling the child. Once a school or other entity has been provided with a certified copy of a child's birth certificate as required under item (i) of this subdivision (b)(1), the school or other entity need not request another such certified copy with respect to that child for any other year in which the child is enrolled in that school or other entity. (2) Upon the f ailure of a person enrolling a child to com ply with subsection (b) (1), the school or other entit y shall immediately notify the Illinois State Police or loc al law enforcement agency of such failure, and shall notify the person enrolling the child in writing that he has 10 addi tional days to comply. (3) The scho ol or other entity shall immediately report t o the Illinois State Police any affidavit received pursuant to this subsection which appears inaccurate or suspicious in form or content. (c) Within 14 days after en rolling a transfer student, th e elementary or secondary school shall request directly fro m the student's previous school a certified copy of his record. The requesting school shall exercise due diligence in obtaini ng the copy of the record requested. Any elementary or secon dary school requested to forward a copy of a transferring stud ent's record to the new school shall comply within 10 days of r eceipt of the request unless the record has been flagged pursuan t to subsection (a), in which case the copy shall not be forwa rded and the requested school shall notify the Illinois State Police or local law enforcement authority of the request.

(Source: P.A. 102-538, eff. 8-20-21.) Section 207. The Smart Start Illinois Act is amended by changing Section 95-10 as follows: (325 ILCS 85/95-10)

Sec. 95-10. Smart Star t Child Care Workforce Compensation Program. (a) The Depa rtment of Human Services shall create and est ablish the Smart Start Child Care Workforce Compensati on Program. The purpose of the Smart Start Child Care Workfo rce Compensation Program is to invest in early childhood educ ation and care service providers, including, but not limited to , providers participating in the Child Care Assistance Prog ram; to expand the supply of high-quality early childhoo d education and care; and to create a strong and stable early childho od education and care system with attractive wages, high-quality services, and affordable costs. (b) The purpose of the Smart Start Child Care Workforce C ompensation Program is to stabilize community-base d early childhood education and care service providers, raise the wages of early childhood educators, and support quality e nhancements that can position service providers to parti cipate in other public funding streams, such as Pres chool for All, in order to further enhance and expand quality s ervice delivery. (c) Subject to appro priation, the Department of Human Ser vices shall implement the Smart Start Child Care Workf orce Compensation Program for eligible licensed child

day care centers, licensed child da y care homes, and licensed group child day care homes b y October 1, 2024, or as soon as practicable, following completion of a planning and trans ition year. By October 1, 2025, or as soon as practicable, and for each year thereafter, subject to appropriation, the Depar tment of Human Services shall continue to operate the Smart Sta rt Child Care Workforce Compensation Program annually with a ll licensed child day care centers, licensed child day care homes, and licensed group child day care homes that meet eligibility requirements. The Smart Start Child Care Work force Compensation Program shall operate separately from and sh all not supplant the Child Care Assistance Program as provide d for in Section 9A-11 of the Illinois Public Aid Code. (d) The Department of Human Services shall adopt administ rative rules by October 1, 2024 to facilitate adm inistration of the Smart Start Child Care Workforce Co mpensation Program, including, but not limited to, prov isions for program eligibility, the application and f unding calculation process, eligible expenses, required wage floors, and requirements for financial and personnel repo rting and monitoring requirements. Eligibility and funding prov isions shall be based on appropriation and a current model of the cost to provide child care services by a licensed child care center or licensed family child care home.(Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24.) Section 210. The Mental Health and Dev elopmental Disabilities Code is amended by changing Section 1- 111 as follows: (405 ILCS 5/1-111) (from Ch. 91

1/2, par. 1-111) Sec. 1-111. "Ha bilitation" means an effort directed toward the alleviation of a developmental disability or toward i ncreasing a person with a developmental disability's lev el of physical, mental, social or economic functioning. Habilit ation may include, but is not limited to, diagnosis, evaluation , medical services, residential care, child day care, special living arrangements, training, education, sheltered emplo yment, protective services, counseling and other ser vices provided to persons with a developmental disability by de velopmental disabilities facilities.(Sou rce: P.A. 88-380.) Section 215. The Epinephrine Injector Act is amended by changing Section 5 as follows: (410 ILCS 27/5)

Sec. 5. Definitions. As used in this Act: "Administer" means to directly apply an epinephrine deliv ery system to the body of an individual. "Authorized entity" means any entity or organization, oth er than a school covered under Section 22-30 of the School Code, in connection with or at which allergens capable of causing anaphylaxis may be present, including, but not li mited to, independent contractors who provide student transport ation to schools, recreation camps, colleges and universities, day care facilities, youth sports leagues, amusement parks, r estaurants, sports arenas, and places of employment. The Department shall, by rule, determine what constitutes a child day care facility under this definition. "Authorized individual" means an individual who has succe ssfully completed the training program under Section 10 of this Act. "Department" means the De partment of Public Health. "Epinephrine delivery system" means any form of epinephri ne that is approved by the United States Food an d Drug Administration, including any device that contains a dose of epinephrine, and that is used to administer epinephrin e into the human body to prevent or treat a life-thre atening allergic reaction. "Health care practi tioner" means a physician licensed to practice medicine in all its branches under the Medical P ractice Act of 1987, a physician assistant under the Phy sician Assistant Practice Act of 1987 with prescriptiv e authority, or an advanced practice registered nurse with prescribing authority under Article 65 of the Nurse Pract ice Act. "Pharmacist" has the meaning given to that term under sub section (k-5) of Section 3 of the Pharmacy Pract ice Act. "Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of an authorized entity.(Source: P.A. 104-229, eff. 1-1-26.) Section 220. The Lead Poisoning Preven tion Act is amended by changing Section 7.1 as follows: (410 ILCS 45/7.1) (from Ch. 111 1/2,

par. 1307.1) Sec. 7.1. Requirements for c hild care facilities. Each child day care center,

child day care home, preschool, nursery school, kindergarten, or other child care facility, licen sed or approved by the State, including such programs operate d by a public school district, shall include a requirement tha t each parent or legal guardian of a child between one and 7 years of age provide a statement from a physician or heal th care provider that the child has been assessed for risk o f lead poisoning or tested or both, as provided in Section 6.2. This statement shall be provided prior to admission and subseq uently in conjunction with required physical examin ations. Child care facilities tha t participate in the Illinois Ch ild Care Assistance Program (CCAP) shall annually send or deliver to the parents or guardians of children enrolled in the facility's care an informational pamphlet regarding a wareness of lead poisoning. Pamphlets shall be produced and made available by the Department and shall be downloadabl e from the Department's Internet website. The Department of Human Services and the Department of Public Health shall assist in the distribution of the pamphlet. (Source: P.A. 98-690, eff. 1-1-15.) Section 225. The Medical Patient Right s Act is amended by changing Section 3.4 as follows: (410 ILCS 50/3.4) Sec. 3.4. Rights of women; p regnancy and childbirth. (a) In addition to any other right provided under this Ac t, every woman has the following rights with regard to pregnancy and childbirth: (1) The right to receive health care before, during , and after pregnancy and childbirth. (2) The right to receive care for her and her infan t that is consistent with generally accepted medical standa rds. (3) The rig ht to choose a certified nurse midwife o r physician as her maternity care professional. (4) The right to choose her birth setting from the full range of birthing options available in her community . (5) The right to leave her maternity care professio nal and select another if she becomes dissatisfied with her c are, except as otherwise provided by law. (6) The right to receive information about the name s of those health care professionals involved in her care. (7) The right to privacy and confidentiality of rec ords, except as provided by law. (8) The right to receive information concerning her condition and proposed treatment, including methods of re lieving pain. (9) Th e right to accept or refuse any treatment, to the extent medically possible. (10) The right to be informed if her caregivers wis h to enroll her or her infant in a research study in accord ance with Section 3.1 of this Act. (11) The right to access her medical records in acc ordance with Section 8-2001 of the Code of Civil Procedure. (12) The ri ght to receive information in a language in which she can communicate in accordance with federal law.

(13) The right to receive emotional and physical su pport during labor and birth. (14) The right to freedom of movement during labor and to give birth in the position of her choice, within gener ally accepted medical standards. (15) The right to contact with her newborn, except where necessary care must be provided to the mother or in fant. (16) The right to receive information about breastf eeding. (17) Th e right to decide collaboratively with careg ivers when she and her baby will leave the birth sit e for home, based on their conditions and circumstances. (18) The right to be treated with respect at all ti mes before, during, and after pregnancy by her health care pr ofessionals. (19) Th e right of each patient, regardless of sourc e of payment, to examine and receive a reasonable explanati on of her total bill for services rendered by he r maternity care professional or health care provider, incl uding itemized charges for specific services received . Each maternity care professional or health care provider shall be responsible only for a reasonable explanation of those specific services provided by the maternity care pr ofessional or health care provider.

(b) The Department of Public Health, Department of Health care and Family Services, Department of Children an d Family Services, and Department of Human Services shall p ost, either by physical or electronic means, information about these rights on their publicly available websites. Every health care provider, child day care center licensed under the Child Care Act of 1969, Head Start, and community center shall post information about these rights in a prominent place and on their websites, if applicable. (c) T he Department of Public Health shall adopt rules to implement this Section. (d) Nothing in this Section or any rules adopted under su bsection (c) shall be construed to require a physician, health care professional, hospital, hospital affiliate, o r health care provider to provide care inconsistent with ge nerally accepted medical standards or available capabil ities or resources. (Source: P.A. 101-445, eff. 1-1-20; 102 -4, eff. 4-27-21.) Section 230. The Compassionate Use of Medical Cannabis Program Act is amended by changing Sections 105 and 130 a s follows: (410 ILCS 130/105) Sec. 105. Requirements; proh ibitions; penalties for cultivation centers.

(a) The operating documents of a registered cultivation c enter shall include procedures for the oversight of the cultivation center, a cannabis plant monitoring system in cluding a physical inventory recorded weekly, a cannabi s container system including a physical inventory recorded weekly, accurate record keeping, and a staffing plan. (b) A registered cultivation center shall implement a sec urity plan reviewed by the Illinois State Police and i ncluding but not limited to: facility access controls, p erimeter intrusion detection systems, personnel identifi cation systems, 24-hour surveillance system to monitor the interior and exterior of the registered cultivation c enter facility and accessible to authorized law enforcement and the Department of Agriculture in real-time. (c) A registered cultivation center may not be located wi thin 2,500 feet of the property line of a pre-exi sting public or private preschool or elementary or secondary sc hool or child day care center, child day care home, group child day care home, part day child care facility, or an area zoned for residential use. (d) All cultivation o f cannabis for distribution to a reg istered dispensing organization must take place in an enclosed, locked facility as it applies to cultivation ce nters at the physical address provided to the Department of Agr iculture during the registration process. The cultivat ion center location shall only be accessed by the cultivation center agents working for the registered cultivation cent er, Department of Agriculture staff performing inspections, D epartment of Public Health staff performing inspections, law enforcement or other emergency personnel, and contractors working on jobs unrelated to medical cannabis, such as in stalling or maintaining security devices or performing electrical wiring. (e) A cultivation c enter may not sell or distribute any c annabis to any individual or entity other than another c ultivation center, a dispensing organization registered under this Act, or a laboratory licensed by the Department of A griculture. (f) All harvested cannabi s intended for distribution to a dispensing organization must be packaged in a labeled med ical cannabis container and entered into a data collection sys tem. (g) No person who has been convicted of an excluded offen se may be a cultivation center agent. (h) Registered cultivation centers are subject to random inspection by the Illinois State Police. (i) Registered cultivation centers are subject to random inspections by the Department of Agriculture and the Depa rtment of Public Health. (j) A cul tivation center agent shall notify local law enf orcement, the Illinois State Police, and the Departmen t of Agriculture within 24 hours of the discovery of any loss or theft. Notification shall be made by phone or in-pe rson, or by written or electronic communication. ( k) A cultivation center shall comply with all State and federal rules and regulations regarding the use of pestic ides. (Source: P.A. 101-363, eff. 8-9-19; 102 -538, eff. 8-20-21.) (410 ILCS 130/130) Sec. 130. Requirements; proh ibitions; penalties; dispensing organizations. (a) The Department of Financial and Professional Regulati on shall implement the provisions of this Section by rule. (b) A dispensing organization sh all maintain operating do cuments which shall include procedures for the oversigh t of the registered dispensing organization and procedures to ensure accurate recordkeeping. (c) A d ispensing organization shall implement appropriate security measures, as provided by rule, to deter and prev ent the theft of cannabis and unauthorized entrance into area s containing cannabis. (d) A dispensing organization may not be located within 1 ,000 feet of the property line of a pre-existing p ublic or private preschool or elementary or secondary school or child day care center, child day care home, group child day care home, or part day child care facility. A registered dispe nsing organization may not be located in a house, apartment, co ndominium, or an area zoned for residential use. This s ubsection shall not apply to any dispensing organization s registered on or after July 1, 2019. ( e) A dispensing organization is prohibited from acquirin g cannabis from anyone other than a cultivation center, cra ft grower, processing organization, another dispensing organ ization, or transporting organization licensed or re gistered under this Act or the Cannabis Regulation and Tax Act. A dispensing organization is prohibited from obtaini ng cannabis from outside the State of Illinois. (f) A registered dispensing organization is prohibited fr om dispensing cannabis for any purpose except to assist registered qualifying patients with the medical use of ca nnabis directly or through the qualifying patients' des ignated caregivers. (g) The area in a dispensing organization where medical c annabis is stored can only be accessed by dispensing org anization agents working for the dispensing organizati on, Department of Financial and Professional Regulation staff performing inspections, law enforcement or other emergenc y personnel, and contractors working on jobs unrelated to m edical cannabis, such as installing or maintaining secur ity devices or performing electrical wiring. (h) A dispensing organization may not dispense more than 2.5 ounces of cannabis to a registered qualifying patient , directly or via a designated caregiver, in any 14-d ay period unless the qualifying patient has a Department of Public Health-approved quantity waiver. Any Department of Public Health-approved quantity waiver process must be mad e available to qualified veterans. (i) Except as p rovided in subsection (i-5), before medical cannabis may be dispensed to a designated caregiver or a registered qualifying patient, a dispensing organization agent must determine that the individual is a current cardholde r in the verification system and must verify each of the follo wing: (1) that the registry identification card presented to the registered dispensing organization is valid; (2) that the person presenting the card is the pers on identified on the registry identification card presented to the dispensing organization agent; (3) (blank); and (4) that the registered qualifying patient has not exceeded his or her adequate supply. ( i-5) A dispensing organization may dispense medica l cannabis to an Opioid Alternative Pilot Program participa nt under Section 62 and to a person presenting proof of prov isional registration under Section 55. Before dispens ing medical cannabis, the dispensing organization shall compl y with the requirements of Section 62 or Section 55, whiche ver is applicable, and verify the following: (1) that the written certification presented to the registered dispensing organization is valid and an origin al document; (2) that the person presenting the written certific ation is the person identified on the written cer tification; and (3) that the participant has not exceeded his or he r adequate supply. (j) Dispensing organi zations shall ensure compliance with this limitation by maintaining internal, confidential rec ords that include records specifying how much medical cannabis is dispensed to the registered qualifying patient and whethe r it was dispensed directly to the registered qualifying patie nt or to the designated caregiver. Each entry must include the date and time the cannabis was dispensed. Additional recordkee ping requirements may be set by rule. (k) T he health care professional-patient privilege as set forth by Section 8-802 of the Code of Civil Procedu re shall apply between a qualifying patient and a registered dispe nsing organization and its agents with respect to communication s and records concerning qualifying patients' debilitating cond itions. (l) A dispensing organizat ion may not permit any person t o consume cannabis on the property of a medical cannabis or ganization. (m) A dispensing organiz ation may not share office space with or refer patients to a certifying health care profes sional. (n) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department of Financial and Professional Regulation may revoke, suspend , place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary act ion as the Department of Financial and Professional Regulation may d eem proper with regard to the registration of any person issu ed under this Act to operate a dispensing organization or ac t as a dispensing organization agent, including imposing fines n ot to exceed $10,000 for each violation, for any violations of this Act and rules adopted in accordance with this Act. The pr ocedures for disciplining a registered dispensing organ ization shall be determined by rule. All final admin istrative decisions of the Department of Financial a nd Professional Regulation are subject to judicial review un der the Administrative Review Law and its rules. The term "ad ministrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. (o) Dispe nsing organizations are subject to random inspec tion and cannabis testing by the Department of Fina ncial and Professional Regulation, the Illinois State Police, t he Department of Revenue, the Department of Public Health, t he Department of Agriculture, or as provided by rule. (p) The Department of Financial and Professional Regulati on shall adopt rules permitting returns, and pote ntial refunds, for damaged or inadequate products. (q) The Department of Financial and Professional Regulati on may issue nondisciplinary citations for minor violations which may be accompanied by a civil penalty no t to exceed $10,000 per violation. The penalty shall be a civi l penalty or other condition as established by rule. The ci tation shall be issued to the licensee and shall contai n the licensee's name, address, and license number, a brief fac tual statement, the Sections of the law or rule allegedly viol ated, and the civil penalty, if any, imposed. The citation must clearly state that the licensee may choose, in lieu of ac cepting the citation, to request a hearing. If the lice nsee does not dispute the matter in the citation with the Depa rtment of Financial and Professional Regulation withi n 30 days after the citation is served, then the citation shal l become final and shall not be subject to appeal. (Source: P.A. 101-363, eff. 8-9-19; 102 -98, eff. 7-15-21.) Section 235. The Coal Tar Sealant Disc losure Act is amended by changing Section 10 as follows: (410 ILCS 170/10) Sec. 10. Coal tar sealant di sclosure; public schools. (a) A public school, public school district, or child day care shall provide written or telephonic notification to parents and guardians of students and employees prior to any application of a coal-tar based sealant product or a high polycyclic aromatic hydrocarbon sealant product. The writ ten notification: (1) may be included in newsletters, bulletins, cale ndars, or other correspondence currently published by the school district or child day care center; (2) must be given at least 10 business days before the application and should identify the intended date and loc ation of the application of the coal-tar based s ealant product or high polycyclic aromatic hydrocarbon sealant;

(3) must include the name and telephone contact num ber for the school or child da y care center personnel responsible for the application; and (4) must include any health hazards associated with coal tar-based sealant product or high polycyclic a romatic hydrocarbon sealant product, as provided by a correspondi ng safety data sheet. (b) No twithstanding any provision of this Act or any othe r law to the contrary, a public school or public school dis trict that bids a pavement engineering project using a coal tar -based sealant product or high polycyclic aromat ic hydrocarbon sealant product for pavement engineering-related use shall request a bid with an alternative for asphalt-based or latex-based sealant product as a part of the eng ineering project. The public school or public school district shal l consider whether asphalt-based or latex-based sealant product should be used for the project based upon costs and life cycle costs that regard preserving pavements, product warrantie s, and the benefits to public health and safety. (c) The Department, in consultation with the State Board of Education, shall conduct outreach to public schools an d public school districts to provide guidance for complianc e with the provisions of this Act. (d) On or before May 1, 2023, the Department and the Stat e Board of Education shall post on their websites guidance on screening for coal tar-based sealant product or hig h polycyclic aromatic hydrocarbon sealant product, requirem ents for a request for proposals, and requirements for disclos ure.(Source: P.A. 102-242, eff. 1-1-23.) Section 240. The Child Vision and Hear ing Test Act is amended by changing Section 3 as follows: (410 ILCS 205/3) (from Ch. 23, par. 2

333) Sec. 3. Vision and he aring screening services shall be administered to all children as early as possible, but no later than their first year in any public or private educ ation program, licensed child da y care center or residential facility for children with disabilities; and periodically thereafter, to identify those children with vision or hea ring impairments or both so that such conditions can be manage d or treated.(Source: P.A. 99-143, eff. 7 -27-15.) Section 245. The Food Handling Regulat ion Enforcement Act is amended by changing Section 3.06 as follows: (410 ILCS 625/3.06) Sec. 3.06. Food handler trai ning; restaurants. (a) For the purpose of this Section, "restaurant" means a ny business that is primarily engaged in the sale of rea dy-to-eat food for immediate consumption. "Primarily engaged" means having sales of ready-to-eat f ood for immediate consumption comprising at least 51% of the total sales, e xcluding the sale of liquor. (b) Unles s otherwise provided, all food handlers employed by a restaurant, other than someone holding a food servic e sanitation manager certificate, must receive or obtain Am erican National Standards Institute-accredited tr aining in basic safe food handling principles within 30 days after employment and every 3 years thereafter. Notwithstanding the provisions of Section 3.05 of this Act, food handlers emp loyed in nursing homes, licensed child day care homes and facilities, hospitals, schools, and long-term care facilities must renew their training every 3 years. There is no limi t to how many times an employee may take the training. The tra ining indicated in subsections (e) and (f) of this Section is t ransferable between employers, but not individuals. The training indicated in subsections (c) and (d) of this Sec tion is not transferable between individuals or employers. Pro of that a food handler has been trained must be available up on reasonable request by a State or local health department inspector and may be provided electronically. (c) If a business with an internal training program is ap proved in another state prior to the effective date of this amendatory Act of the 98th General Assembly, then the bus iness's training program and assessment shall be autom atically approved by the Department upon the busines s providing proof that the program is approved in said stat e. (d) The Department shall approve the training program of any multi-state business or a franchisee, as define d in the Franchise Disclosure Act of 1987, of any multi-stat e business with a plan that follows the guidelines in subsection (b) of Section 3.05 of this Act and is on file with the Departme nt by August 1, 2017. (e) If an entity uses an American National Standards Inst itute food handler training accredited program, that training program shall be automatically approved by the D epartment. (f) Certified local health departments in counties servin g jurisdictions with a population of 100,000 or less, as re ported by the U.S. Census Bureau in the 2010 Census of Population, may have a training program. The training pro gram must meet the requirements of Section 3.05(b) and be appr oved by the Department. This Section notwithstanding, certifie d local health departments in the following counties may ha ve a training program: (1) a county with a population of 677,560 as report ed by the U.S. Census Bureau in the 2010 Census of Populatio n; (2) a coun ty with a population of 308,760 as report ed by the U.S. Census Bureau in the 2010 Census of Populatio n; (3) a coun ty with a population of 515,269 as report ed by the U.S. Census Bureau in the 2010 Census of Populatio n; (4) a coun ty with a population of 114,736 as report ed by the U.S. Census Bureau in the 2010 Census of Populatio n; (5) a coun ty with a population of 110,768 as report ed by the U.S. Census Bureau in the 2010 Census of Populatio n; (6) a coun ty with a population of 135,394 as report ed by the U.S. Census Bureau in the 2010 Census of Populatio n. The certified lo cal health departments in paragraphs (1) through (6) of this subsection (f) must have their traini ng programs on file with the Department no later than 90 day s after the effective date of this Act. Any modules that me et the requirements of subsection (b) of Section 3.05 of this Ac t and are not approved within 180 days after the Department's r eceipt of the application of the entity seeking to condu ct the training shall automatically be considered approved b y the Department. (g) Any and all documents, materials, or information rela ted to a restaurant or business food handler training module submitted to the Department is confidential and sh all not be open to public inspection or dissemination and is exempt from disclosure under Section 7 of the Freedom of Information Act. Training may be conducted by any means a vailable, including, but not limited to, on-line, computer, classroom, live trainers, remote trainers, and certified food service sanitation managers. There must be at least one c ommercially available, approved food handler training mo dule at a cost of no more than $15 per employee; if an approve d food handler training module is not available at that cost, th en the provisions of this Section 3.06 shall not apply. (h) The regulation of food handler training is considered to be an exclusive function of the State, and local regul ation is prohibited. This subsection (h) is a denial and limita tion of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (i) The provisions of this Section apply beginning July 1 , 2014. From July 1, 2014 through December 31, 2014, enforc ement of the provisions of this Section shall be limited to edu cation and notification of requirements to encourage c ompliance.(Source: P.A. 99-62, eff. 7-16-15; 99-78, eff. 7-20-15; 100-367, eff. 8-25-17.) Section 250. The Environmental Protect ion Act is amended by changing Section 17.12 as follows: (415 ILCS 5/17.12) Sec. 17.12. Lead service lin e replacement and notification. (a) The purpose of this Act is to: (1) require the owners and operators of community water supplies to develop, imp lement, and maintain a comprehensive water service lin e material inventory and a comprehensive lead service line replacement plan, provide notice to occupants of potentia lly affected buildings before any construction or repair work on water mains or lead service lines, and request access to potentially affected buildings before replacing lead serv ice lines; and (2) prohibit partial lead service line replace ments, except as authorized within this Section. (b) The General Assembly finds and declares that:

(1) There is no safe level of exposure to heavy met al lead, as found by the United States Environmental Protect ion Agency and the Centers for Disease Control and Prevention. (2) Lead s ervice lines can convey this harmful subs tance to the drinking water supply. (3) According to the Illinois Environmental Protect ion Agency's 2018 Service Line Material Inventory, the State of Illinois is estimated to have over 680,000 lead- based service lines still in operation.

(4) The true number of lead service lines is not fu lly known because Illinois lacks an adequate inventory of lea d service lines. (5) For the general health, safety, and welfare of its residents, all lead service lines in Illinois should be d isconnected from the drinking water supply, and the Stat e's drinking water supply. (c) In this Section: "Advisory Board" m eans the Lead Service Line Replacement Advisory Board created under subsection (x).

"Community water supply" has the meaning ascribed to it i n Section 3.145 of this Act. "Department" means the Department of Public Health. "Emergency repair" means any unscheduled water main, wate r service, or water valve repair or replacement that result s from failure or accident. "Fund" means the Lead Service Line Replacement Fund creat ed under subsection (bb). "Lead se rvice line" means a service line made of lead or service line connected to a lead pigtail, lead gooseneck, or other lead fitting. "Material inventory " means a water service line material inventory developed by a community water supply under thi s Act. "Non-community water supply" has the meaning ascrib ed to it in Section 3.145 of the Environmental Protection Act. "NSF/ANSI Standard" means a water treatment standard deve loped by NSF International. "Partia l lead service line replacement" means replacement of only a portion of a lead service line. "Potentially affected building" means any building that i s provided water service through a service line that is eit her a lead service line or a suspected lead service line. "Public water supply" has the meaning ascribed to it in S ection 3.365 of this Act. "Service lin e" means the piping, tubing, and necessary ap purtenances acting as a conduit from the water main or source of potable water supply to the building plumbing a t the first shut-off valve or 18 inches inside the buildi ng, whichever is shorter. "Suspected lead s ervice line" means a service line that a community water supply finds more likely than not to be m ade of lead after completing the requirements under paragraphs ( 2) through (5) of subsection (h). "Small s ystem" means a community water supply that regula rly serves water to 3,300 or fewer persons.

(d) An owner or operator of a community water supply shal l: (1) develop an initial material inventory by April 15, 2022 and electronically submit by April 15, 2023 an updat ed material inventory electronically to the Agency; and (2) deliver a comp lete material inventory to the Ag ency no later than April 15, 2024, or such time as requ ired by federal law, whichever is sooner. The complet e inventory shall report the composition of all service lin es in the community water supply's distribution system . (e) The Agency shall review and approve the final materia l inventory submitted to it under subsection (d). (f) If a community water supply does not submit a complet e inventory to the Agency by April 15, 2024 under paragraph (2) of subsection (d), the community water supply may apply f or an extension to the Agency no less than 3 months prior to th e due date. The Agency shall develop criteria for granting mate rial inventory extensions. When considering requests for exten sion, the Agency shall, at a minimum, consider: (1) the number of service connections in a water su pply; and (2) the nu mber of service lines of an unknown mater ial composition. (g) A material inventory p repared for a community water s upply under subsection (d) shall identify: (1) the total number of service lines connected to the community water supply's distribution system; (2) the materials of construction of each service l ine connected to the community water supply's distribution sy stem; (3) the number of suspected lead service lines that were newly identified in the material inventory for the c ommunity water supply after the community water supply l ast submitted a service line inventory to the Agency; an d (4) the number of suspected or known lead service l ines that were replaced after the community water supply last submitted a service line inventory to the Agency, an d the material of the service line that replaced each lead service line. When identifying the mat erials of construction under para graph (2) of this subsection, the owner or operator o f the community water supply shall to the best of the owner's o r operator's ability identify the type of construction mate rial used on the customer's side of the curb box, meter, or ot her line of demarcation and the community water supply's side of the curb box, meter, or other line of demarcation.

(h) In completing a material inventory under subsection ( d), the owner or operator of a community water supply sh all: (1) prioritize inspections of high-risk areas identified by the community water supply and inspections of high-risk facilities, such as preschools, child day care centers, child day care homes, group child day care homes, parks, playgrounds, hospitals, and clinics, and co nfirm service line materials in those areas and at thos e facilities; (2) review historical documentation, such as constr uction logs or cards, as-built drawings, purc hase orders, and subdivision plans, to determine service line material construction; (3) when conducting distribution system maintenance , visually inspect service lines and document materials of construction; (4) iden tify any time period when the service lines being connected to its distribution system were primarily lead service lines, if such a time period is known or sus pected; and (5) dis cuss service line repair and installation wi th its employees, contractors, plumbers, other workers who w orked on service lines connected to its distribution sys tem, or all of the above. (i) The ow ner or operator of each community water supply shall maintain records of persons who refuse to grant acc ess to the interior of a building for purposes of identifying the materials of construction of a service line. If a communi ty water supply has been denied access on the property or to the interior of a building for that reason, then the communit y water supply shall attempt to identify the service line a s a suspected lead service line, unless documentation is prov ided showing otherwise. (j) If a community w ater supply identifies a lead service line connected to a building, the owner or operator of th e community water supply shall attempt to notify the owner of the building and all occupants of the building of the exi stence of the lead service line within 15 days after i dentifying the lead service line, or as soon as is reaso nably possible thereafter. Individual written notice shall be g iven according to the provisions of subsection (jj). (k) An owner or operator of a community water supply has no duty to include in the material inventory required under subsection (d) information about service lines that are p hysically disconnected from a water main in its distribu tion system. (l) The owner or operator of ea ch community water supply shall post on its website a copy of the most recently sub mitted material inventory or alternatively may request that the Agency post a copy of that material inventory on the Agen cy's website. (m) Nothing in this Section sh all be construed to require service lines to be unearthed for the sole purpose of inv entorying. (n) When an owner or oper ator of a community water supply awards a contract under this Section, the owner or operat or shall make a good faith effort to use contractors and ven dors owned by minority persons, women, and persons with a disa bility, as those terms are defined in Section 2 of th e Business Enterprise for Minorities, Women, and Persons wi th Disabilities Act, for not less than 20% of the total cont racts, provided that: (1) contracts representing at least 11% of the tota l projects shall be awarded to minority-owned busines ses, as defined in Section 2 of the Business Enterprise for Minor ities, Women, and Persons with Disabilities Act; (2) contracts representing at least 7% of the total projects shall be awarded to women-owned businesses , as defined in Section 2 of the Business Enterprise for Minor ities, Women, and Persons with Disabilities Act; and

(3) contracts representing at least 2% of the total projects shall be awarded to businesses owned by persons with a disability. Owners or operators of a community water supply are encou raged to divide projects, whenever economically feas ible, into contracts of smaller size that ensure small business contractors or vendors shall have the ability to qualify in the applicable bidding process, when determining the abil ity to deliver on a given contract based on scope and size, a s a responsible and responsive bidder. When a contractor or vendor submits a bid or letter of in tent in response to a request for proposal or other bid submission, the contractor or vendor shall include with i ts responsive documents a utilization plan that shall addres s how compliance with applicable good faith requirements set fo rth in this subsection shall be addressed. Under this subsection, "good faith effort" means a commun ity water supply has taken all necessary steps to c omply with the goals of this subsection by complying with the f ollowing: (1) Solicit ing through reasonable and available mea ns the interest of a business, as defined in Section 2 of th e Business Enterprise for Minorities, Women, and Persons wi th Disabilities Act, that have the capability to perfor m the work of the contract. The community water supply must solicit this interest within sufficient time to allow cer tified businesses to respond. (2) Providing interested certified businesses with adequate information about the plans, specifications, and requirements of the contract, including addenda, in a tim ely manner to assist them in responding to the solicit ation. (3) Meet ing in good faith with interested certified businesses that have submitted bids. (4) Effectively using the services of the State, mi nority or women community organizations, minority or wo men contractor groups, local, State, and federal minori ty or women business assistance offices, and other organizations to provide assistance in the recruitment an d placement of certified businesses. (5) Making efforts to use appropriate forums for pu rposes of advertising subcontracting opportunities suit able for certified businesses. The diversity goals defined in this subsection can be met through direct award to diverse contractors and through t he use of diverse subcontractors and diverse vendors to cont racts. (o) An owner or operator of a community water supply shal l collect data necessary to ensure compliance with subsecti on (n) no less than semi-annually and shall include pr ogress toward compliance of subsection (n) in the owner or opera tor's report required under subsection (t-5). The report must include data on vendor and employee diversity, including data on the owner's or operator's implementation of subsection (n). (p) Every owner or operator of a community water supply t hat has known or suspected lead service lines shall: (1) create a plan to:

(A) replace each lead service line connected to its distribution system; and (B) replace each galvanized service line conn ected to its distribution system, if the galvanized service lin e is or was connected downstream to lead piping; and (2) electronically submit, by April 15, 2024 its in itial lead service line replacement plan to the Agency;

(3) electronically submit by April 15 of each year after 2024 until April 15, 2027 an updated lead service l ine replacement plan to the Agency for review; the updat ed replacement plan shall account for changes in the number of lead service lines or unknown service lines in the material inventory described in subsection (d); (4) electronically submit by April 15, 2027 a compl ete and final replacement plan to the Agency for approval; th e complete and final replacement plan shall account for all known and suspected lead service lines documented in the final material inventory described under paragraph (3) of subsection (d); and (5 ) post on its website a copy of the plan most rec ently submitted to the Agency or may request that the Agency post a copy of that plan on the Agency's website.

(q) Each plan required under paragraph (1) of subsection (p) shall include the following:

(1) the name and identification number of the commu nity water supply; (2) the total number of service lines connected to the distribution system of the community water supply;

(3) the total number of suspected lead service line s connected to the distribution system of the community wat er supply; (4) the total number of known lead service lines co nnected to the distribution system of the community wat er supply; (5) the total number of lead service lines connecte d to the distribution system of the community water supply that have been replaced each year beginning in 2020; (6) a proposed lead service line replacement schedu le that includes one-year, 5-year, 10-year , 15-year, 20-year, 25-year, and 30-year goals; (7) an analysis of costs and financing options for replacing the lead service lines connected to the communi ty water supply's distribution system, which shall include, but shall not be limited to: (A) a detailed accounting of costs associated with replacing lead service lines and galvanized lines that ar e or were connected downstream to lead piping; (B) measures to address affordability and pre vent service shut-offs for customers or ratepayers; and (C) consideration of different scenarios for structuring payments between the utility and its customer s over time; and (8) a plan for prioritizing high-risk facilit ies, such as preschools, child day care centers, child day care homes, group child day care homes, parks, playgrounds, hospitals, and clinics, as well as high-risk areas identified by the community water supply; (9) a map of the areas where lead service lines are expected to be found and the sequence with which those ar eas will be inventoried and lead service lines replaced ; (10) measures for how the community water supply wi ll inform the public of the plan and provide opportunity for public comment; and (1 1) measures to encourage diversity in hiring in t he workforce required to implement the plan as identified un der subsection (n). (r) The Agency s hall review final plans submitted to it u nder subsection (p). The Agency shall approve a final pl an if the final plan includes all of the elements set forth und er subsection (q) and the Agency determines that: (1) the proposed lead service line replacement sche dule set forth in the plan aligns with the timeline r equirements set forth under subsection (v); (2) the plan prioritizes the replacement of lead se rvice lines that provide water service to high-ri sk facilities, such as preschools, child day care centers, child day care homes, group child day care homes, parks, playgrounds, hospitals, and clinics, and high-risk areas identified by the community water supply; (3) the plan includes analysis of cost and financin g options; and (4) the p lan provides documentation of public revie w. (s) An owner or operator of a community water supply has no duty to include in the plans required under subsection (p ) information about service lines that are physically disco nnected from a water main in its distribution system . (t) If a community water supply does not deliver a comple te plan to the Agency by April 15, 2027, the commun ity water supply may apply to the Agency for an extension no less than 3 months prior to the due date. The Agency shall dev elop criteria for granting plan extensions. When considering r equests for extension, the Agency shall, at a minimum, c onsider: (1) the num ber of service connections in a water su pply; and (2) the nu mber of service lines of an unknown mater ial composition. (t-5) After the Agen cy has approved the final repla cement plan described in subsection (p), the owner or operator o f a community water supply shall submit a report detailing pr ogress toward plan goals to the Agency for its review. The report shall be submitted annually for the first 10 years , and every 3 years thereafter until all lead service lines hav e been replaced. Reports under this subsection shall be pub lished in the same manner described in subsection (l). The report shall include at least the following information a s it pertains to the preceding reporting period: (1) The number of lead service lines replaced and t he average cost of lead service line replacement. (2) Progress toward meeting hiring requirements as described in subsection (n) and subsection (o). (3) The percent of customers electing a waiver offe red, as described in subsections (ii) and (jj), among those customers receiving a request or notification to pe rform a lead service line replacement. (4) The method or methods used by the community wat er supply to finance lead service line replacement. (u) Notwithstanding any other provision of law, in order to provide for costs associated with lead service line re mediation and replacement, the corporate authorities of a municipality may, by ordinance or resolution by the corpo rate authorities, exercise authority provided in Section 27-5 et seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., 11-131-1, and 11-150-1 of the Ill inois Municipal Code. Taxes levied for this purpose shall be in addition to taxes for general purposes authorized under Section 8-3-1 of the Illinois Municipal Code and shall be included in the taxi ng district's aggregate extension for the purposes of Divisi on 5 of Article 18 of the Property Tax Code. (v) Every owner or operator of a community water supply s hall replace all known lead service lines, subject to th e requirements of subsection (ff), according to the followi ng replacement rates and timelines to be calculated from the date of submission of the final replacement plan to the Agency : (1) A community water supply reporting 1,200 or few er lead service lines in its final inventory and replacement plan shall replace all lead service lines, at an annual r ate of no less than 7% of the amount described in the fi nal inventory, with a timeline of up to 15 years for co mpletion. (2) A comm unity water supply reporting more than 1, 200 but fewer than 5,000 lead service lines in its final inve ntory and replacement plan shall replace all lead ser vice lines, at an annual rate of no less than 6% of th e amount described in the final inventory, with a timeline of up to 17 years for completion.

(3) A community water supply reporting more than 4, 999 but fewer than 10,000 lead service lines in its final inv entory and replacement plan shall replace all lead ser vice lines, at an annual rate of no less than 5% of th e amount described in the final inventory, with a timeline of up to 20 years for completion.

(4) A community water supply reporting more than 9, 999 but fewer than 99,999 lead service lines in its final inv entory and replacement plan shall replace all lead ser vice lines, at an annual rate of no less than 3% of th e amount described in the final inventory, with a timeline of up to 34 years for completion.

(5) A community water supply reporting more than 99 ,999 lead service lines in its final inventory and repl acement plan shall replace all lead service lines, at an annual rate of no less than 2% of the amount described in the final inventory, with a timeline of up to 50 years for completion. (w) A community water s upply may apply to the Agency for an extension to the replacement timelines described in parag raphs (1) through (5) of subsection (v). The Agency shall devel op criteria for granting replacement timeline extensions. Wh en considering requests for timeline extensions, the Agency shall, at a minimum, consider: (1) the number of service connections in a water su pply; and (2) unusua l circumstances creating hardship for a c ommunity. The Agency may grant one ext ension of additional time equ al to not more than 20% of the original replacement ti meline, except in situations of extreme hardship in whi ch the Agency may consider a second additional extension equ al to not more than 10% of the original replacement timeline. Replacement rates and timelines shall be calculated from the date of submission of the final plan to the Agency. (x) The Lead Service Line Replacement Advisory Board is c reated within the Agency. The Advisory Board shall conve ne within 120 days after January 1, 2022 (the effective date of Public Act 102-613). The Advisor y Board shall consist of at least 28 voting me mbers, as follows: ( 1) the Director of the Agency, or his or her desig nee, who shall serve as chairperson; (2) the Director of Revenue, or his or her designee ; (3) the Director of Public Health, or his or her de signee; (4) fifteen members appointed by the Agency as foll ows: (A) on e member representing a statewide organ ization of municipalities as authorized by Section 1 -8-1 of the Illinois Municipal Code;

(B) two members who are mayors representing m unicipalities located in any county south of the souther nmost county represented by one of the 10 largest municipalities in Illinois by population, or thei r respective designees;

(C) two members who are representatives from public health advocacy groups; (D) two members who are representatives from publicly owned water utilities; (E) one member who is a representative from a public utility as defined under Section 3-105 of th e Public Utilities Act that provides water service in the S tate of Illinois; (F) one member who is a research professional employed at an Illinois academic institution and speciali zing in water infrastructure research; (G) two members who are representatives from nonprofit civic organizations; (H) one member who is a representative from a statewide organization representing environmental organiz ations; ( I) two members who are representatives from organized labor; and (J) one member representing an environmental justice organization; and (5) ten members who are the mayors of the 10 larges t municipalities in Illinois by population, or their respec tive designees. No less than 10 of the 28 voting members shall be persons of color, and no less than 3 shall represent communities defined or self-identified as environmental justice communities. Advisory Board members sha ll serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties from funds appropriated for t hat purpose. The Agency shall provide administrative support to the Advisory Board. The Advisory Board shall meet no less than once every 6 m onths. (y) The Advisory Board shall ha ve, at a minimum, the foll owing duties: (1) advising the Agency on best practices in lead s ervice line replacement; (2) reviewing the progress of community water suppl ies toward lead service line replacement goals; (3) advising the Agency on other matters related to the administration of the provisions of this Section; (4) advising the Agency on the integration of exist ing lead service line replacement plans with any statewide pl an; and (5) providin g technical support and practical exper tise in general. (z) Within 18 mo nths after January 1, 2022 (the effective date of Public Act 102-613), the Advisory Board sha ll deliver a report of its recommendations to the Governor and the G eneral Assembly concerning opportunities for dedicated, long-term revenue options for funding lead service line replacement. In submitting recommendations, the Advisory Board shall consider, at a minimum, the following: (1) the sufficiency of various revenue sources to a dequately fund replacement of all lead service lines in Illinois; (2) the fina ncial burden, if any, on households fal ling below 150% of the federal poverty limit; (3) revenue options that guarantee low-income households are protected from rate increases; (4) an assessment of the ability of community water supplies to assess and collect revenue; (5) variations in financial resources among individ ual households within a service area; and (6) the protection of low-income households f rom rate increases. (aa) Within 10 years after January 1, 2022 (the effective date of Public Act 102-613), the Advisory Board sha ll prepare and deliver a report to the Governor and General Assembly concerning the status of all lead service line replacemen t within the State. (bb) The Lead Service Line Replacement Fund is created as a special fund in the State treasury to be used by the Ag ency for the purposes provided under this Section. The Fund sh all be used exclusively to finance and administer programs an d activities specified under this Section and listed under this subsection. The objective of the Fund i s to finance activities associ ated with identifying and replacing lead service li nes, build Agency capacity to oversee the provisions of this S ection, and provide related assistance for the activitie s listed under this subsection. The Agenc y shall be responsible for the administration of the Fund and shall allocate moneys on the basis of priori ties established by the Agency through administrative rule. On July 1, 2022 and on July 1 of each year thereafter, the Agency shall determine the available amount of resources in the Fund t hat can be allocated to the activities identified under this Section and shall allocate the moneys accordingly.

Notwithstanding any other law to the contrary, the Lead S ervice Line Replacement Fund is not subject to sweeps, a dministrative charge-backs, or any other fiscal ma neuver that would in any way transfer any amounts from the Lead Servi ce Line Replacement Fund into any other fund of the State. (cc) Within one year after January 1, 2022 (the effective date of Public Act 102-613), the Agency shall desig n rules for a program for the purpose of administering lead service l ine replacement funds. The rules must, at minimum, contain: (1) the process by which community water supplies m ay apply for funding; and (2) the criteria for determining unit of local gove rnment eligibility and prioritization for funding, in cluding the prevalence of low-income households, as measured by median household income, the prevalence of le ad service lines, and the prevalence of water samples t hat demonstrate elevated levels of lead. (dd) Funding under subsection (cc) shall be available for costs directly attributable to the planning, design, or c onstruction directly related to the replacement of lead service lines and restoration of property. Funding shall not be used for the general operating expen ses of a municipality or community water supply. (ee) An owner or operator of any community water supply r eceiving grant funding under subsection (cc) shall bear the entire expense of full lead service line replacement for all lead service lines in the scope of the grant. (ff) When replacing a lead service line, the owner or ope rator of the community water supply shall replace the service line in its entirety, including, but not limited to, any portion of the service line (i) running on private pr operty and (ii) within the building's plumbing at the f irst shut-off valve. Partial lead service line replaceme nts are expressly prohibited. Exceptions shall be made under the following circumstances: (1) In the event of an emergency repair that affect s a lead service line or a suspected lead service line, a com munity water supply must contact the building owner to begin the process of replacing the entire service line. I f the building owner is not able to be contacted or the bui lding owner or occupant refuses to grant access and pe rmission to replace the entire service line at the time of the emergency repair, then the community water supply may perform a partial lead service line replacement. Wher e an emergency repair on a service line constructed of lead or galvanized steel pipe results in a partial service lin e replacement, the water supply responsible for commencing the repair shall perform the following: (A) Notify the building's owner or operator a nd the resident or residents served by the lead service line in writing that a repair has been completed. The not ification shall include, at a minimum: (i) a warning that the work may result in sediment, possibly containing lead, in the building's wat er supply system; (ii) information concerning practices f or preventing the consumption of any lead in drinking water, including a recommendation to flush water distribu tion pipe during and after the completion of the repair or replacement work and to clean faucet aer ator screens; and

(iii) information regarding the dangers of lead to young children and pregnant women. (B) Provide filters for at least one fixture supplying potable water for consumption. The filter must be certified by an accredited third-party cert ification body to NSF/ANSI 53 and NSF/ANSI 42 for the reduction of lead and particulate. The filter must be provided until such time that the remaining portions o f the service line have been replaced with a ma terial approved by the Department or a waiver has been issued under subsection (ii). (C) Replace the remaining portion of the lead service line within 30 days of the repair, or 120 days in the event of weather or other circumstances beyond rea sonable control that prohibits construction. If a comp lete lead service line replacement cannot be made wit hin the required period, the community water supply re sponsible for commencing the repair shall notify the De partment in writing, at a minimum, of the following wit hin 24 hours of the repair: (i) an explanation of why it is not fea sible to replace the remaining portion of the lead service line within the allotted time; and (ii) a timeline for when the remaining portion of the lead service line will be replaced. (D) If complete repair of a lead service line cannot be completed due to denial by the property owner, the community water supply commencing the repair s hall request the affected property owner to sign a waiver developed by the Department. If a property owner of a nonresidential building or residence operating as rental properties denies a complet e lead service line replacement, the property owne r shall be responsible for installing and maintaining point-of-use filters certified by an accredited third-party certification body to NSF/AN SI 53 and NSF/ANSI 42 for the reduction of lead and particul ate at all fixtures intended to supply water for the purposes of drinking, food preparation, or making baby formula. The filters shall continue to be sup plied by the property owner until such time that the p roperty owner has affected the remaining portions of the lead service line to be replaced. (E) Document any remaining lead service line, including a portion on the private side of the property, in the community water supply's distribution sy stem materials inventory required under subsection (d).

For the purposes of this paragraph (1), written not ice shall be provided in the method and according to the prov isions of subsection (jj). (2) Lead service lines that are physically disconne cted from the distribution system are exempt from this subsection. (gg) Except as provid ed in subsection (hh), on and after January 1, 2022, when the owner or operator of a communit y water supply replaces a water main, the community water s upply shall identify all lead service lines connected to the wa ter main and shall replace the lead service lines by: (1) identifying the material or materials of each l ead service line connected to the water main, including, but not limited to, any portion of the service line (i) runni ng on private property and (ii) within the building plumbing at the first shut-off valve or 18 inches i nside the building, whichever is shorter; (2) in conjunction with replacement of the water ma in, replacing any and all portions of each lead service line connected to the water main that are composed of lead; an d (3) if a property owner or customer refuses to gran t access to the property, following prescribed notice provi sions as outlined in subsection (ff). If an owner of a potentially affected building intends to replace a portion of a lead service line or a galvanized service line and the galvanized service line is or was co nnected downstream to lead piping, then the owner of th e potentially affected building shall provide the owner or operator of the community water supply with notice at lea st 45 days before commencing the work. In the case of an emerge ncy repair, the owner of the potentially affected building mu st provide filters for each kitchen area that are certified by an accredited third-party certification body to NSF/AN SI 53 and NSF/ANSI 42 for the reduction of lead and particulate. If the owner of the potentially affected building notifies the o wner or operator of the community water supply that replacemen t of a portion of the lead service line after the emergency re pair is completed, then the owner or operator of the community water supply shall replace the remainder of the lead serv ice line within 30 days after completion of the emergency rep air. A community water supply may take up to 120 days if neces sary due to weather conditions. If a replacement takes longer than 30 days, filters provided by the owner of the potentially affected building must be replaced in accordance with the manufacturer's recommendations. Partial lead service line replacements by the owners of potentially affected buildi ngs are otherwise prohibited. (hh) For muni cipalities with a population in excess of 1, 000,000 inhabitants, the requirements of subsection (gg ) shall commence on January 1, 2023. (ii ) At least 45 days before conducting planned lead serv ice line replacement, the owner or operator of a comm unity water supply shall, by mail, attempt to contact the owner of the potentially affected building serviced by the lead se rvice line to request access to the building and permission to replace the lead service line in accordance with the lead service line replacement plan. If the owner of the potent ially affected building does not respond to the request within 15 days after the request is sent, the owner or operator of the community water supply shall attempt to post the request on the entrance of the potentially affected building. If the owner or operator of a community water supply is u nable to obtain approval to access and replace a lead se rvice line, the owner or operator of the community water supply shall request that the owner of the potentially affected building sign a waiver. The waiver shall be developed by the Department and should be made available in the owner's la nguage. If the owner of the potentially affected buildi ng refuses to sign the waiver or fails to respond to the com munity water supply after the community water supply has complie d with this subsection, then the community water supply sha ll notify the Department in writing within 15 working days.

(jj) When replacing a lead service line or repairing or r eplacing water mains with lead service lines or partial lead service lines attached to them, the owner or operator of a community water supply shall provide the owner of each po tentially affected building that is serviced by the aff ected lead service lines or partial lead service lines, as well as the occupants of those buildings, with an individual writ ten notice. The notice shall be delivered by mail or posted a t the primary entranceway of the building. The notice must, in addition, be electronically mailed where an electronic ma iling address is known or can be reasonably obtained. Written n otice shall include, at a minimum, the following: (1) a warning that the work may result in sediment, possibly containing lead from the service line, in the bu ilding's water; (2) information concerning the best practices for p reventing exposure to or risk of consumption of lead in drinking water, including a recommendation to flush water lines during and after the completion of the repair or re placement work and to clean faucet aerator screens; and

(3) information regarding the dangers of lead expos ure to young children and pregnant women.

When the individual written notice described in the first paragraph of this subsection is required as a result of p lanned work other than the repair or replacement of a wa ter meter, the owner or operator of the community water suppl y shall provide the notice not less than 14 days before wor k begins. When the individual written notice described in t he first paragraph of this subsection is required as a resul t of emergency repairs other than the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice at the time the work is i nitiated. When the individual written notice described i n the first paragraph of this subsection is required as a resul t of the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice at the time the work is initiated. The notifications required under this subsection must con tain the following statement in Spanish, Polish, Chine se, Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "Thi s notice contains important information about your water se rvice and may affect your rights. We encourage you to have this notice translated in full into a language you understand and before you make any decisions that may be required under this notice." An owner or operator of a comm unity water supply that is required under this subsection to provide an individual w ritten notice to the owner and occupant of a potentially affected building that is a multi-dwelling building may satisfy that requirement and the requirements of this sub section regarding notification to non-English sp eaking customers by posting the required notice on the primary e ntranceway of the building and at the location where the occupant's mail is delivered as reasonably as possible. When this subsection would require the owner or operator of a community water supply to provide an individual writ ten notice to the entire community served by the community wa ter supply or would require the owner or operator of a commun ity water supply to provide individual written notices as a r esult of emergency repairs or when the community water supply t hat is required to comply with this subsection is a small sys tem, the owner or operator of the community water supply may p rovide the required notice through local media outlets, social media, or other similar means in lieu of providing the individual written notices otherwise required under this subsection. No notifications are requi red under this subsection for w ork performed on water mains that are used to transmit t reated water between community water supplies and proper ties that have no service connections. (kk) No community water supply that sells water to any wh olesale or retail consecutive community water supply ma y pass on any costs associated with compliance with this Se ction to consecutive systems. (ll) To the ext ent allowed by law, when a community water supply replaces or installs a lead service line in a publ ic right-of-way or enters into an agreement with a private contractor for replacement or installation of a lead serv ice line, the community water supply shall be held harmless f or all damage to property when replacing or installing the l ead service line. If dangers are encountered that prevent the replacement of the lead service line, the community water supply shall notify the Department within 15 working days of why the replacement of the lead service line could not be accomplished. (mm) The Agency may propo se to the Board, and the Board m ay adopt, any rules necessary to implement and administer th is Section. The Department may adopt rules necessary to addr ess lead service lines attached to non-community water supplies. (nn) Notwithstanding any other provision in this Section, no requirement in this Section shall be construed as bein g less stringent than existing applicable federal requireme nts. (oo) All lead service line replacements financed in whole or in part with funds obtained under this Section shall b e considered public works for purposes of the Prevailing Wa ge Act. (pp) Beginning in 2023, each muni cipality with a populati on of more than 1,000,000 inhabitants shall publi cly post on its website data describing progress the municipa lity has made toward replacing lead service lines within the m unicipality. The data required to be posted under this s ubsection shall be the same information required to be r eported under paragraphs (1) through (4) of subsection ( t-5) of this Section. Beginning in 2024, each municipality tha t is subject to this subsection shall annually update the data posted on its website under this subsection. A municipali ty's duty to post data under this subsection terminates only w hen all lead service lines within the municipality have been replaced. Nothing in this subsection (pp) shall be constr ued to replace, undermine, conflict with, or otherwise amend the responsibilities and requirements set forth in subsection (t-5) of this Section. (Source: P.A. 102-613, eff. 1-1-22; 102 -813, eff. 5-13-22; 103-167, eff. 6-30-23; 103-605, e ff. 7-1-24.) Section 255. The Lawn Care Products Ap plication and Notice Act is amended by changing Sections 2, 3, and 6 as follow s: (415 ILCS 65/2) (from Ch. 5, par. 852

) Sec. 2. Definitions. For purposes of this Act: "Application" means the spreading of lawn care products o n a lawn. "Applicator for hire" means any person who makes an appli cation of lawn care products to a lawn or lawns for compensation, including applications made by an employee to lawns owned, occupied or managed by his employer and incl udes those licensed by the Department as licensed commercial a pplicators, commercial not-for-hire applicat ors, licensed public applicators, certified applicators and licensed op erators and those otherwise subject to the licensure pr ovisions of the Illinois Pesticide Act, as now or herea fter amended. "Buffer" means an area adjacen t to a body of water that i s left untreated with any fertilizer. "Child Day ca re center" means any facility that qualifies as a "child day care center" under the Child Care Act of 1969. "Department" means the Illinois Department of Agriculture . "Department of Public Health" means the Illinois Departme nt of Public Health. "Facility " means a building or structure and appurtenance s thereto used by an applicator for hire for storage and ha ndling of pesticides or the storage or maintenance of p esticide application equipment or vehicles.

"Fertilizer" means any substance containing nitrogen, pho sphorus or potassium or other recognized plant nutrien t or compound, which is used for its plant nutrient content. "Golf course" means an area designated for the play or pr actice of the game of golf, including surrounding groun ds, trees, ornamental beds and the like. "G olf course superintendent" means any person entrusted w ith and employed for the care and maintenance of a golf course. "Impervious surface" means any structure, surface, or imp rovement that reduces or prevents absorption of stormw ater into land, and includes pavement, porous paving, paver bl ocks, gravel, crushed stone, decks, patios, elevated structures , and other similar structures, surfaces, or improvements. "Lawn" means land area covered with turf kept closely mow n or land area covered with turf and trees or shrubs. The t erm does not include (1) land area used for research for agri cultural production or for the commercial production of turf, (2) land area situated within a public or private r ight-of-way, or (3) land area which is devot ed to the production of any agricultural commodity, including, but not limited to plants and plant parts, livestock and poultry and livestock or poultry products, seeds, sod, shrubs and oth er products of agricultural origin raised for sale or for hu man or livestock consumption. "Lawn care pr oducts" means fertilizers or pesticides appl ied or intended for application to lawns. "Lawn repair products" means seeds, including seeding soi ls, that contain or are coated with or encased in fert ilizer material. "Person" means an y individual, partnership, association, corporation or State governmental agency, school district , unit of local government and any agency thereof. "Pesticide" means any substance or mixture of substances defined as a pesticide under the Illinois Pesticide Act, as now or hereafter amended. "Plant protec tants" means any substance or material used to protect plants from infestation of insects, fungi, wee ds and rodents, or any other substance that would benefit th e overall health of plants. "Soil test" m eans a chemical and mechanical analysis of s oil nutrient values and pH level as it relates to the so il and development of a lawn. "Spreader" means any commercially available fertilizing d evice used to evenly distribute fertilizer material. "Turf" means the upper stratum of soils bound by grass an d plant roots into a thick mat. "0% phosp hate fertilizer" means a fertilizer that contain s no more than 0.67% available phosphoric acid (P₂O₅). (Source: P.A. 96-424, eff. 8-13-09; 96-1005, eff. 7-6-10.) (415 ILCS 65/3) (from Ch. 5, par. 853

) Sec. 3. Notification require ments for application of lawn care products.

(a) Lawn Markers. (1) Immediately following application of lawn care products to a lawn, other than a golf course, an applicat or for hire shall place a lawn marker at the usua l point or points of entry. (2) The lawn marker shall consist of a 4 inch by 5 inch sign, vertical or horizontal, attached to the upper porti on of a dowel or other supporting device with the bo ttom of the marker extending no less than 12 inches abo ve the turf. (3) T he lawn marker shall be white and lettering on the lawn marker shall be in a contrasting color. The mark er shall state on one side, in letters of not less th an 3/8 inch, the following: "LAWN CARE APPLICATION - S TAY OFF GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (he re shall be inserted the name and business telephone number of the applicator for hire)." (4) The lawn marker shall be removed and discarded by the property owner or resident, or such other person auth orized by the property owner or resident, on the day following the application. The lawn marker shall not be r emoved by any person other than the property owner or re sident or person designated by such property owner or r esident. (5) For app lications to residential properties of 2 families or less, the applicator for hire shall be requir ed to place lawn markers at the usual point or poin ts of entry. (6) For applications to residential properties of 2 families or more, or for application to other commercial properties, the applicator for hire shall place lawn mark ers at the usual point or points of entry to the prop erty to provide notice that lawn care products have b een applied to the lawn. (b) Notificat ion requirement for application of plant pro tectants on golf courses. (1) Blanket posting procedure. Each golf course sha ll post in a conspicuous place or places an all-weathe r poster or placard stating to users of or visitors to the golf course that from time to time plant protectants are in use and additionally stating that if any questions or concerns arise in relation thereto, the golf course super intendent or his designee should be contacted to sup ply the information contained in subsection (c) of thi s Section. (2) The post er or placard shall be prominently disp layed in the pro shop, locker rooms and first tee at each golf course. (3) The poster or placard shall be a minimum size o f 8 1/2 by 11 inches and the lettering shall not be less than 1/2 inch. (4) The pos ter or placard shall read: "PLANT PROTEC TANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE. IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE SUPERINTENDE NT FOR FURTHER INFORMATION." (c) Information to Customers of Applicators for Hire. At the time of application of lawn care products to a lawn, an applicator for hire shall provide the following informati on to the customer: (1) The brand name, common name, and scientific nam e of each lawn care product applied; (2) The type of fertilizer or pesticide contained i n the lawn care product applied; (3) The reason for use of each lawn care product ap plied; (4) The rang e of concentration of end use product a pplied to the lawn and amount of material applied; (5) Any special instruction appearing on the label of the lawn care product applicable to the customer's use of the lawn following application;

(6) The business name and telephone number of the a pplicator for hire as well as the name of the person act ually applying lawn care products to the lawn; and (7) Upon the request of a customer or any person wh ose property abuts or is adjacent to the property of a custom er of an applicator for hire, a copy of the materia l safety data sheet and approved pesticide registration lab el for each applied lawn care product. (d) Prior notification of application to lawn. In the cas e of all lawns other than golf courses: (1) Any neighbor whose property abuts or is adjacen t to the property of a customer of an applicator for hire m ay receive prior notification of an application by contactin g the applicator for hire and providing his name, address a nd telephone number. (2) At least the day before a scheduled application , an applicator for hire shall provide notification to a pe rson who has requested notification pursuant to paragra ph (1) of this subsection (d), such notification t o be made in writing, in person or by telephone, disclosing the date and approximate time of day of application. (3) In the event that an applicator for hire is una ble to provide prior notification to a neighbor whose propert y abuts or is adjacent to the property because of the absen ce or inaccessibility of the individual, at the time of application to a customer's lawn, the applicator for h ire shall leave a written notice at the residence of the person requesting notification, which shall provide the i nformation specified in paragraph (2) of this subsection (d). (e) Prior notification of applicat ion to golf courses. (1) Any landlord or resident with property that abu ts or is adjacent to a golf course may receive prior notific ation of an application of lawn care products or p lant protectants, or both, by contacting the golf course superintendent and providing his name, address and teleph one number. (2) At least the day before a scheduled application of lawn care products or plant protectants, or both, the gol f course superintendent shall provide notification to any p erson who has requested notification pursuant to paragra ph (1) of this subsection (e), such notification t o be made in writing, in person or by telephone, disclosing the date and approximate time of day of application. (3) In the event that the golf course superintenden t is unable to provide prior notification to a landlord or resident because of the absence or inaccessibility, at th e time of application, of the landlord or resident, the gol f course superintendent shall leave a written notice with t he landlord or at the residence which shall provide the information specified in paragraph (2) of this subsection (e). (f) Notification for applications of pesticides to child day care center grounds other than child day care center structures and school grounds other than school structure s. (1) The owner or operator of a child day care center must either (i) maintain a registry of parents and guardi ans of children in his or her care who have registe red to receive written notification before the app lication of pesticide to child day care center grounds and notify persons on that registry before applying pesti cides or having pesticide applied to child day care center grounds or (ii) provide written or telephonic noti ce to all parents and guardians of children in his or her care before applying pesticide or having pesticide ap plied to child day care center grounds. (2) School districts must either (i) maintain a reg istry of parents and guardians of students who have re gistered to receive written or telephonic notification before the application of pesticide to school grounds and notify persons on that list before applying pesticide or having pesticide applied to school grounds or (ii) provid e written or telephonic notification to all parents and gua rdians of students before applying pesticide or having pesticide applied to school grounds. (3) Written notification required under item (1) or (2) of subsection (f) of this Section may be included in newsletters, calendars, or other correspondence currently published by the school district, but posting on a bullet in board is not sufficient. The written or telephon ic notification must be given at least 4 business days before application of the pesticide and should ident ify the intended date of the application of the pest icide and the name and telephone contact number for t he school personnel responsible for the pesticide applic ation program or, in the case of a child day care center, the owner or operator of the child day care center. Prior notice shall not be required if there is im minent threat to health or property. If such a situatio n arises, the appropriate school personnel or, in the case of a child day care center, the owner or operator of the child day care center must sign a statement describing the circumstances that gave rise to the health threat and ens ure that written or telephonic notice is provided as s oon as practicable.(Source: P.A. 96-424, eff. 8-13-09.) (415 ILCS 65/6) (from Ch. 5, par. 856

) Sec. 6. This Act shal l be administered and enforced by the Department. The Department may promulgate rules and regul ations as necessary for the enforcement of this Act. The Department of Public Health must inform school boards and the owners and operators of child day care centers about the provisions of this Act that are applicable to school dist ricts and child day care centers, and it must inform school boards about the requirements contained in Sections 10-20. 49 and 34-18.40 of the School Code. The Department of Publ ic Health must recommend that child day care centers and schools use a pesticide-free turf care program to maintain their turf. The Department of Public Health must also report violations o f this Act of which it becomes aware to the Department for enforcement.(Source: P.A. 96-424, ef f. 8-13-09; 96-1000, eff. 7-2-10.) Section 265. The Space Heating Safety Act is amended by changing Section 9 as follows: (425 ILCS 65/9) (from Ch. 127 1/2, pa

r. 709) Sec. 9. Prohibited use of ke rosene heaters. The use of kerosene fueled heaters will be prohibited under any circ umstances in the following types of structures: (i) nursing homes or convalescent centers; (ii) child care day-care centers having children present; (iii) any typ e of center for persons with disabilit ies; (iv) com mon areas of multifamily dwellings; (v) hospitals; ( vi) structures more than 3 stories in height; and (vii) structures open to the public which have a ca pacity for 50 or more persons.(Source: P .A. 99-143, eff. 7-27-15.) Section 270. The Firearm Dealer Licens e Certification Act is amended by changing Section 5-20 as follows: (430 ILCS 68/5-20) Sec. 5-20. Additional licensee requirements. (a) A certified licensee shall make a photo copy of a buy er's or transferee's valid photo identification card w henever a firearm sale transaction takes place. The phot o copy shall be attached to the documentation detailing the record of sale. (b) A certified license e shall post in a conspicuous posi tion on the premises where the licensee conducts busi ness a sign that contains the following warning in block lette rs not less than one inch in height:

"With few exceptions enumerated in the Firearm Owne rs Identification Card Act, it is unlawful for you to: (A) store or leave an unsecured firearm in a place where a child can obtain access to it; (B) sell or transfer your firearm to someone else without receiving approval for the transfer from the Illi nois State Police, or (C) fail to report the loss or theft of your firearm to local law enforcement within 48 hours.".This sign shall be created by the Illinois State Police a nd made available for printing or downloading from the Illin ois State Police's website. (c) No retail l ocation established after the effective da te of this Act shall be located within 500 feet of any school, pre-school, or child day care facility in existence at its location before the retail location is established as measured from the nearest corner of the building holding the retail location to the corner of the school, pre-sc hool, or child day care facilit y building nearest the retail location at the time the retail location seeks licensure. (d) A certified dealer who sells or transfers a firearm s hall notify the purchaser or the recipient, orally and i n writing, in both English and Spanish, at the time of the sale or transfer, that the owner of a firearm is required to r eport a lost or stolen firearm to local law enforcement within 48 hours after the owner first discovers the loss or theft. The Illinois State Police shall create a written notice, in b oth English and Spanish, that certified dealers shall provide firearm purchasers or transferees in accordance with this provision and make such notice available for printing or downloading from the Illinois State Police website. (Source: P.A. 104-31, eff. 1-1-26.) Section 275. The Illinois Vehicle Code is amended by changing Sections 6-205, 6-206, and 12- 707.01 as follows: (625 ILCS 5/6-205) Sec. 6-205. Mandatory revocation of license or permit; hardship cases. (a) E xcept as provided in this Section, the Secretary of State shall immediately revoke the license, permit, or dr iving privileges of any driver upon receiving a report of the d river's conviction of any of the following offenses: 1. Reckless homicide resulting from the operation o f a motor vehicle; 2. Viol ation of Section 11-501 of this Code o r a similar provision of a local ordinance relating to the of fense of operating or being in physical control of a ve hicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any comb ination thereof; 3 . Any felony under the laws of any State or the fe deral government in the commission of which a motor veh icle was used; 4. V iolation of Section 11-401 of this Code r elating to the offense of leaving the scene of a traffic crash in volving death or personal injury; 5. Perjury or the making of a false affidavit or st atement under oath to the Secretary of State under this Code or under any other law relating to the ownership or operation of motor vehicles; 6. Conviction upon 3 charges of violation of Sectio n 11-503 of this Code relating to the offense of reck less driving committed within a period of 12 months; 7. Conviction of any offense defined in Section 4-102 of this Code if the person exercised actual physical cont rol over the vehicle during the commission of the off ense; 8. Violation of Section 11-504 of this Code r elating to the offense of drag racing; 9. Violation of Chapters 8 and 9 of this Code; 10. Violation of Section 12-5 of the Criminal Code of 1961 or the Criminal Code of 2012 arising from the use of a motor vehicle; 11. Vio lation of Section 11-204.1 of this Cod e relating to aggravated fleeing or attempting to elude a p eace officer; 12. Vio lation of paragraph (1) of subsection (b) of Section 6-507, or a similar law of any other state, relating to the unlawful operation of a commercial motor vehicle; 13. Violation of paragraph (a) of Section 11- 502 of this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation o f that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense; 14. Viola tion of paragraph (a) of Section 11- 506 of this Code or a similar provision of a local ordinance rel ating to the offense of street racing; 15. A second or subsequent conviction of driving wh ile the person's driver's license, permit or privileges was r evoked for reckless homicide or a similar out-of-state offense; 16. Any offe nse against any provision in this Code, or any local ordinance, regulating the movement of traffic w hen that offense was the proximate cause of the death of any person. Any person whose driving privileges have been revoked pursuant to this paragraph may seek to have the r evocation terminated or to have the length of revocation reduced by requesting an administrative hearing with the Secretary of State prior to the projected driver's licens e application eligibility date; 17. Violation of subsection (a-2) of Section 11-1301.3 of this Code or a similar provision of a local ordinance;

18. A second or subsequent conviction of illegal po ssession, while operating or in actual physical control , as a driver, of a motor vehicle, of any controlled substa nce prohibited under the Illinois Controlled Substa nces Act, any cannabis prohibited under the Cannabi s Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act. A d efendant found guilty of this offense while operating a motor vehicle shall have an entry made in the court recor d by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secreta ry of State; 19 . Violation of subsection (a) of Section 11-1414 of this Code, or a similar provision of a local ordinance, r elating to the offense of overtaking or passing of a sch ool bus when the driver, in committing the violation, is involved in a motor vehicle crash that results in deat h to another and the violation is a proximate cause of the death. (b) The Secretary of State shal l also immediately revoke the license or permit of any driver in the following situ ations: 1. Of any minor upon receiving the notice provided for in Section 5-901 of the Juvenile Court Act of 1987 that the minor has been adjudicated under that Act as having commi tted an offense relating to motor vehicles prescribe d in Section 4-103 of this Code; 2. Of any person when any other law of this State r equires either the revocation or suspension of a license or permit; 3. Of any p erson adjudicated under the Juvenile Cou rt Act of 1987 based on an offense determined to have been c ommitted in furtherance of the criminal activities of an organized gang as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The revocatio n shall remain in effect for the period determined by the c ourt. (c)(1) Whenever a per son is convicted of any of the offen ses enumerated in this Section, the court may recomm end and the Secretary of State in his discretion, without reg ard to whether the recommendation is made by the court may, u pon application, issue to the person a restricted driving per mit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employme nt or within the scope of the petitioner's employment related d uties, or to allow the petitioner to transport himself o r herself or a family member of the petitioner's household to a medical facility for the receipt of necessary medical car e or to allow the petitioner to transport himself or herself t o and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow t he petitioner to transport himself or herself or a family me mber of the petitioner's household to classes, as a student, a t an accredited educational institution, or to allow the petit ioner to transport children, elderly persons, or persons with d isabilities who do not hold driving privileges and are l iving in the petitioner's household to and from child care daycare; if the petitioner is able to demonstrate that no alternat ive means of transportation is reasonably available and that the petitioner will not endanger the public safety or welfare ; provided that the Secretary's discretion shall be limited to cases where undue hardship, as defined by the rules of th e Secretary of State, would result from a failure to issue the restricted driving permit. ( 1.5) A person subject to the provisions of paragraph 4 o f subsection (b) of Section 6-208 of this Code may ma ke application for a restricted driving permit at a hearing conducted under Section 2-118 of this Code after th e expiration of 5 years from the effective date of the most recent revocation, or after 5 years from the date of rele ase from a period of imprisonment resulting from a conviction of the most recent offense, whichever is later, provided the person, in addition to all other requirements of the Secr etary, shows by clear and convincing evidence: (A) a minimum of 3 years of uninterrupted abstinenc e from alcohol and the unlawful use or consumption of canna bis under the Cannabis Control Act, a controlled sub stance under the Illinois Controlled Substances Act, a n intoxicating compound under the Use of Intoxicating Compo unds Act, or methamphetamine under the Methamphetami ne Control and Community Protection Act; and

(B) the successful completion of any rehabilitative treatment and involvement in any ongoing rehabilitative a ctivity that may be recommended by a properly licensed s ervice provider according to an assessment of the person 's alcohol or drug use under Section 11-501.0 1 of this Code. In determining w hether an applicant is eligible for a res tricted driving permit under this paragraph (1.5), the Secretary may consider any relevant evidence, including, but not limited to, testimony, affidavits, records, and the r esults of regular alcohol or drug tests. Persons subject to the provisions of paragraph 4 of subsection (b) of Sectio n 6-208 of this Code and who have been convicted of m ore than one violation of paragraph (3), paragraph (4), or paragraph ( 5) of subsection (a) of Section 11-501 of this Code shall not be eligible to apply for a restricted driving permit. A restricted driving permit issued under this paragraph ( 1.5) shall provide that the holder may only operate moto r vehicles equipped with an ignition interlock device as re quired under paragraph (2) of subsection (c) of this Se ction and subparagraph (A) of paragraph 3 of subsection (c) of Section 6-206 of this Code. The Secretary may revok e a restricted driving permit or amend the conditions of a re stricted driving permit issued under this paragraph (1. 5) if the holder operates a vehicle that is not equipped with a n ignition interlock device, or for any other reason author ized under this Code. A restrict ed driving permit issued under this paragraph ( 1.5) shall be revoked, and the holder barred from applyi ng for or being issued a restricted driving permit in the fu ture, if the holder is subsequently convicted of a violation of Section 11-501 of this Code, a similar provision of a local ordinance, or a similar offense in another state. (2) If a person's license or permit is revoked or suspend ed due to 2 or more convictions of violating Secti on 11-501 of this Code or a similar provision of a loc al ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, o r a combination of these offenses, arising out of separate occurrences, t hat person, if issued a restricted driving permit, may not op erate a vehicle unless it has been equipped with an ignition in terlock device as defined in Section 1-129.1. (3) If: (A) a person' s license or permit is revoked or susp ended 2 or more times due to any combination of: (i) a single conviction of violating Section 11-501 of this Code or a similar provision of a loc al ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Cri minal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense; or (ii) a statutory summary suspension or revoca tion under Section 11-501.1; or (iii) a suspension pursuant to Section 6-203.1; arising out of separate occurrences; or (B) a person has been convicted of one violation of subparagraph (C) or (F) of paragraph (1) of subsection (d ) of Section 11-501 of this Code, Section 9-3 o f the Criminal Code of 1961 or the Criminal Code of 2012, relat ing to the offense of reckless homicide where the us e of alcohol or other drugs was recited as an element of th e offense, or a similar provision of a law of another state ; that person, if issued a restricted driving permit, may n ot operate a vehicle unless it has been equipped with an ign ition interlock device as defined in Section 1-129.1. (4) The person issued a permit conditioned on the use of an ignition interlock device must pay to the Secretary of St ate DUI Administration Fund an amount not to exceed $30 per m onth. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees.

(5) If the restricted driving permit is issued for employ ment purposes, then the prohibition against operati ng a motor vehicle that is not equipped with an ignition inter lock device does not apply to the operation of an occupational vehicle owned or leased by that person's employer when us ed solely for employment purposes. For any person who, withi n a 5-year period, is convicted of a second or subseque nt offense under Section 11-501 of this Code, or a similar pro vision of a local ordinance or similar out-of-state offen se, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or he r driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person. (6) In each case the Secretary of State may issue a restr icted driving permit for a period he deems appropria te, except that the permit shall expire no later than 2 years from the date of issuance. A restricted driving permit issued under this Section shall be subject to cancellation, revocation , and suspension by the Secretary of State in like manner and f or like cause as a driver's license issued under this Code m ay be cancelled, revoked, or suspended; except that a convictio n upon one or more offenses against laws or ordinances regu lating the movement of traffic shall be deemed suffic ient cause for the revocation, suspension, or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the petitioner to participate in a designated dri ver remedial or rehabilitative program. The Secretary of Stat e is authorized to cancel a restricted driving permit if the p ermit holder does not successfully complete the program. Howeve r, if an individual's driving privileges have been revoked in a ccordance with paragraph 13 of subsection (a) of this Se ction, no restricted driving permit shall be issued unt il the individual has served 6 months of the revocation peri od. (c-5) (Blank). (c-6) If a person is convicted of a second violatio n of operating a motor vehicle while the person's driver's lic ense, permit or privilege was revoked, where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, t he person's driving privileges shall be revoked pursuant to subdivisi on (a)(15) of this Section. The person may not make applicat ion for a license or permit until the expiration of five year s from the effective date of the revocation or the expiration of five years from the date of release from a term of imprisonmen t, whichever is later. (c-7) If a p erson is convicted of a third or subseq uent violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9-3 of th e Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, the person may never apply for a license or perm it. (d)(1) Whenever a person under the age of 21 is convicted under Section 11-501 of this Code or a similar prov ision of a local ordinance or a similar out-of-state off ense, the Secretary of State shall revoke the driving privileges of that person. One year after the date of revocation, and upon a pplication, the Secretary of State may, if satisfied tha t the person applying will not endanger the public safety or we lfare, issue a restricted driving permit granting the p rivilege of driving a motor vehicle only between the hou rs of 5 a.m. and 9 p.m. or as otherwise provided by this Sectio n for a period of one year. After this one-year period, a nd upon reapplication for a license as provided in Section 6-106, upon payment of the appropriate reinstatement fee provided und er paragraph (b) of Section 6-118, the Secretary of St ate, in his discretion, may reinstate the petitioner's driver's licen se and driving privileges, or extend the restricted driving permit as many times as the Secretary of State deems appr opriate, by additional periods of not more than 24 mo nths each. (2) If a person's lice nse or permit is revoked or suspend ed due to 2 or more convictions of violating Secti on 11-501 of this Code or a similar provision of a loc al ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, o r a combination of these offenses, arising out of separate occurrences, t hat person, if issued a restricted driving permit, may not op erate a vehicle unless it has been equipped with an ignition in terlock device as defined in Section 1-129.1. (3) If a person's license or permit is revoked or suspend ed 2 or more times due to any combination of: (A) a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an elemen t of the offense, or a similar out-of-state off ense; or (B) a statutory summary suspension or revocation un der Section 11-501.1; or

(C) a suspension pursuant to Section 6-203.1; arising out of separate occurrences, that person, if issu ed a restricted driving permit, may not operate a vehicle unle ss it has been equipped with an ignition interlock device as de fined in Section 1-129.1. (3 .5) If a person's license or permit is revoked or suspe nded due to a conviction for a violation of subparag raph (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, that person, if issued a restricted driving permit, may not operate a vehicle unle ss it has been equipped with an ignition interlock device as de fined in Section 1-129.1. ( 4) The person issued a permit conditioned upon the use o f an interlock device must pay to the Secretary of State DU I Administration Fund an amount not to exceed $30 per month . The Secretary shall establish by rule the amount and the proc edures, terms, and conditions relating to these fees.

(5) If the restricted driving permit is issued for employ ment purposes, then the prohibition against driving a vehicle that is not equipped with an ignition interlock d evice does not apply to the operation of an occupational vehicl e owned or leased by that person's employer when used solel y for employment purposes. For any person who, within a 5-year period, is convicted of a second or subsequent offense un der Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, th is employment exemption does not apply until either a one-year pe riod has elapsed during which that person had his or her driving p rivileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which r equired the use of an ignition interlock device on every motor vehicle owned or operated by that person. (6) A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspens ion by the Secretary of State in like manner and for like cau se as a driver's license issued under this Code may be cancelle d, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the m ovement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted d riving permit. (d-5) The revoca tion of the license, permit, or dri ving privileges of a person convicted of a third or subsequent violation of Section 6-303 of this Code committed w hile his or her driver's license, permit, or privilege was revoked be cause of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of rec kless homicide, or a similar provision of a law of another stat e, is permanent. The Secretary may not, at any time, issue a li cense or permit to that person. (e) This Sec tion is subject to the provisions of the Driv er License Compact. (f) Any revocat ion imposed upon any person under subsecti ons 2 and 3 of paragraph (b) that is in effect on December 31, 1988 shall be converted to a suspension for a like period of time. (g) The Secretary of St ate shall not issue a restricted d riving permit to a person under the age of 16 years whos e driving privileges have been revoked under any provisions of this Code. (h) The Secretary of State s hall require the use of ignit ion interlock devices for a period not less than 5 y ears on all vehicles owned by a person who has been convicted of a second or subsequent offense under Section 11-501 o f this Code or a similar provision of a local ordinance. The person m ust pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she us es the device. The Secretary shall establish by rule and regulat ion the procedures for certification and use of the interlock system, the amount of the fee, and the procedures, terms, and conditions relating to these fees. During the time period in which a person is required to install an ignition interlo ck device under this subsection (h), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d) (5) of this Section. Regardless of whether an exemption under subdivision (c) (5) or (d) (5) applies, every person subj ect to this subsection shall not be eligible for reinstatemen t until the person installs an ignition interlock device an d maintains the ignition interlock device for 5 years. (i) (Blank). (j) In accordance with 49 C.F.R. 384, the Secretary of St ate may not issue a restricted driving permit for the o peration of a commercial motor vehicle to a person holdi ng a CDL whose driving privileges have been revoked, suspended , cancelled, or disqualified under any provisions of this C ode. (k) The Secretary of State shall notify by mail any perso n whose driving privileges have been revoked under paragrap h 16 of subsection (a) of this Section that his or her driving privileges and driver's license will be revoked 90 days f rom the date of the mailing of the notice.(Sou rce: P.A. 101-623, eff. 7-1-20; 102 -299, eff. 8-6-21; 102-982, eff. 7-1-23.) (625 ILCS 5/6-206) (Text of Section before amendment by P.A. 104-400) Sec. 6-206. Discretion ary authority to suspend or revoke license or permit; right to a hearing. (a) The Secretary of State is authorized to suspend or re voke the driving privileges of any person without preli minary hearing upon a showing of the person's record s or other sufficient evidence that the person: 1. Has committed an offense for which mandatory rev ocation of a driver's license or permit is required up on conviction; 2. Ha s been convicted of not less than 3 offenses a gainst traffic regulations governing the movement of veh icles committed within any 12-month period. No r evocation or suspension shall be entered more than 6 mon ths after the date of last conviction; 3. Has been repeatedly involved as a driver in moto r vehicle collisions or has been repeatedly convicted of of fenses against laws and ordinances regulating the movem ent of traffic, to a degree that indicates lack of a bility to exercise ordinary and reasonable care in the s afe operation of a motor vehicle or disrespect for the t raffic laws and the safety of other persons upon the hig hway; 4. Has by the unlawful operation of a motor vehicle caused or contributed to a crash resulting in injury requ iring immediate professional treatment in a medical f acility or doctor's office to any person, except that an y suspension or revocation imposed by the Secretary of Stat e under the provisions of this subsection shall start no la ter than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, whic h violation is related to the crash, or shall start not mor e than one year after the date of the crash, whichever date occurs later; 5. Has p ermitted an unlawful or fraudulent use of a driver's license, identification card, or permit; 6. Has been lawfully convicted of an offense or off enses in another state, including the authorization co ntained in Section 6-203.1, which if committed wi thin this State would be grounds for suspension or revocation;

7. Has refused or failed to submit to an examinatio n provided for by Section 6-207 or has failed to pass the examination; 8. Is ine ligible for a driver's license or permit u nder the provisions of Section 6-103; 9. Has made a false statement or knowingly conceale d a material fact or has used false information or identifica tion in any application for a license, identifi cation card, or permit; 10. Has possessed, displayed, or attempted to fraud ulently use any license, identification card, or per mit not issued to the person; 11. Has operated a motor vehicle upon a highway of this State when the person's driving privilege or privile ge to obtain a driver's license or permit was revo ked or suspended unless the operation was authorized by a monitoring device driving permit, judicial driving p ermit issued prior to January 1, 2009, probationary lice nse to drive, or restricted driving permit issued und er this Code; 12. H as submitted to any portion of the application process for another person or has obtained the services o f another person to submit to any portion of the applicatio n process for the purpose of obtaining a license, identific ation card, or permit for some other person; 13. Has operated a motor vehicle upon a highway of this State when the person's driver's license or permit w as invalid under the provisions of Sections 6-107. 1 and 6-110; 14. Has c ommitted a violation of Section 6-30 1, 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or 14B of the Illinois Identification Card Act or a similar offense in another state if, at the time of the offense, the person held an Illinois driver's license or identific ation card; 1 5. Has been convicted of violating Section 21-2 of the Criminal Code of 1961 or the Criminal Code of 2012 re lating to criminal trespass to vehicles if the person e xercised actual physical control over the vehicle during the commission of the offense, in which case the suspensi on shall be for one year;

16. Has been convicted of violating Section 11-204 of this Code relating to fleeing from a peace officer; 17. Has refused to submit to a test, or tests, as r equired under Section 11-501.1 of this Code and th e person has not sought a hearing as provided for in Sectio n 11-501.1; 18. (B lank); 19. Has committed a violation of paragraph (a) or ( b) of Section 6-101 relating to driving without a driv er's license; 20. Has been convicted of violating Section 6-104 relating to classification of driver's license; 21. Has been convicted of violating Section 11-402 of this Code relating to leaving the scene of a crash result ing in damage to a vehicle in excess of $1,000, in which case the suspension shall be for one year; 22. Has used a motor vehicle in violating paragraph (3), (4), (7), or (9) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 re lating to unlawful possession of weapons, in which case the suspension shall be for one year; 23. Has, as a driver, been convicted of committing a violation of paragraph (a) of Section 11-502 of thi s Code for a second or subsequent time within one year of a simi lar violation; 24. Has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the United States at a military installation in Illinois or i n another state of or for a traffic-related offense t hat is the same as or similar to an offense specified under Sect ion 6-205 or 6-206 of this Code; 25. Has permitted any form of identification to be used by another in the application process in order to ob tain or attempt to obtain a license, identification car d, or permit; 26. H as altered or attempted to alter a license or has possessed an altered license, identification card, or per mit; 27. (Blank); 28. Has been convicted for a first time of the ille gal possession, while operating or in actual physical control , as a driver, of a motor vehicle, of any controlled substa nce prohibited under the Illinois Controlled Substa nces Act, any cannabis prohibited under the Cannabi s Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act, in which case the person's driving privileges shall be suspe nded for one year. Any defendant found guilty of thi s offense while operating a motor vehicle shall have an ent ry made in the court record by the presiding judge tha t this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State; 29. Has been convicted of the following offenses th at were committed while the person was operating or in actua l physical control, as a driver, of a motor vehicle: crimin al sexual assault, predatory criminal sexual assaul t of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, soliciting for a sexually exploited child, promo ting commercial sexual exploitation of a child as de scribed in subdivision (a)(1), (a)(2), or (a)(3) of Sec tion 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012, and the manufacture, sale or deliv ery of controlled substances or instruments used for illegal drug use or abuse in which case the driver's driv ing privileges shall be suspended for one year; 30. Has been convicted a second or subsequent time for any combination of the offenses named in paragraph 29 of this subsection, in which case the person's driving privi leges shall be suspended for 5 years; 31. Has refused to submit to a test as required by Section 11-501.6 of this Code or Section 5-16 c of the Boat Registration and Safety Act or has submitted to a test re sulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting fr om the unlawful use or consumption of cannabis as liste d in the Cannabis Control Act, a controlled substance as li sted in the Illinois Controlled Substances Act, an into xicating compound as listed in the Use of Intoxicatin g Compounds Act, or methamphetamine as listed in the Metham phetamine Control and Community Protection Act, in which case the penalty shall be as prescribed in Section 6-208.1; 32. Has been convicted of Section 24-1.2 of t he Criminal Code of 1961 or the Criminal Code of 2012 relati ng to the aggravated discharge of a firearm if the offender was located in a motor vehicle at the time the f irearm was discharged, in which case the suspension shal l be for 3 years; 33. Ha s as a driver, who was less than 21 years of age on the date of the offense, been convicted a first time o f a violation of paragraph (a) of Section 11-502 of t his Code or a similar provision of a local ordinance; 34. Has committed a violation of Section 11-1 301.5 of this Code or a similar provision of a local ordinance; 35. Has committed a violation of Section 11-1 301.6 of this Code or a similar provision of a local ordinance; 36. Is under the age of 21 years at the time of arr est and has been convicted of not less than 2 offenses agains t traffic regulations governing the movement of vehicles co mmitted within any 24-month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction; 37. Has committed a violation of subsection (c) of Section 11-907 of this Code that resulted in damage to the property of another or the death or injury of another; 38. Has been convicted of a violation of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance and the person was an occupant of a mot or vehicle at the time of the violation; 39. Has committed a second or subsequent violation of Section 11-1201 of this Code; 40. Has committed a violation of subsection (a-1) of Section 11-908 of this Code; 41. Has committed a second or subsequent violation of Section 11-605.1 of this Code, a similar provision of a local ordinance, or a similar violation in any other stat e within 2 years of the date of the previous violation, in which case the suspension shall be for 90 days; 42. Has committed a violation of subsection (a-1) of Section 11-1301.3 of this Code or a similar provisi on of a local ordinance; 43. Has received a disposition of court supervision for a violation of subsection (a), (d), or (e) of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance and the person was an occu pant of a motor vehicle at the time of the violation, in which case the suspension shall be for a period of 3 m onths; 44. Is under the age of 21 years at the time of arr est and has been convicted of an offense against traffic regu lations governing the movement of vehicles after havi ng previously had his or her driving privileges suspe nded or revoked pursuant to subparagraph 36 of this Section; 45. Has, in c onnection with or during the course of a formal hearing conducted under Section 2-118 of thi s Code: (i) committed perjury; (ii) submitted fraudulent or falsi fied documents; (iii) submitted documents that have been materially altered; or (iv) submitted, as his or her own, documents that were in fact prepared or composed for another person; 46. Ha s committed a violation of subsection (j) of Section 3-413 of this Code;

47. Has committed a violation of subsection (a) of Section 11-502.1 of this Code; 48. Has submitted a falsified or altered medical ex aminer's certificate to the Secretary of State or provi ded false information to obtain a medical examiner's certificate; 49. Has been convicted of a violation of Section 11 -1002 or 11-1002.5 that resulted in a Type A injury to another, in which case the driving privileges of the pers on shall be suspended for 12 months; 50. Has committed a violation of subsection (b-5) of Section 12-610.2 that resulted in great bodily harm , permanent disability, or disfigurement, in which case the driving privileges of the person shall be suspended for 1 2 months; 51. Has commit ted a violation of Section 10-1 5 Of the Cannabis Regulation and Tax Act or a similar provision of a local ordinance while in a motor vehicle; or 52. Has committed a violation of subsection (b) of Section 10-20 of the Cannabis Regulation and Tax Ac t or a similar provision of a local ordinance. For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, and 27 of this subsection, license means any driver's lic ense, any traffic ticket issued when the person's driver's lice nse is deposited in lieu of bail, a suspension notice issued by the Secretary of State, a duplicate or corrected driver's lic ense, a probationary driver's license, or a temporary driver's license. (b) If any conviction forming the basis of a suspension o r revocation authorized under this Section is appealed, the Secretary of State may rescind or withhold the entry of t he order of suspension or revocation, as the case may be, pr ovided that a certified copy of a stay order of a court is filed with the Secretary of State. If the conviction is a ffirmed on appeal, the date of the conviction shall rela te back to the time the original judgment of conviction was entered and the 6-month limitation prescribed shall not apply. (c) 1. Upon suspending or revoking the driver's license o r permit of any person as authorized in this Section, the S ecretary of State shall immediately notify the person in writing of the revocation or suspension. The notice to be deposited in the United States mail, postage prepaid, to the last known address of the person.

2. If the Secretary of State suspends the driver's licens e of a person under subsection 2 of paragraph (a) of this S ection, a person's privilege to operate a vehicle as an occupation shall not be suspended, provided an affidavit is properly completed, the appropriate fee received, and a p ermit issued prior to the effective date of the suspension, unl ess 5 offenses were committed, at least 2 of which occurred whi le operating a commercial vehicle in connection with the dri ver's regular occupation. All other driving privileges shall be suspended by the Secretary of State. Any driver prior to operating a vehicle for occupational purposes only must s ubmit the affidavit on forms to be provided by the Secretary of State setting forth the facts of the person's occupation. The a ffidavit shall also state the number of offenses committ ed while operating a vehicle in connection with the driver's regular occupation. The affidavit shall be accompanied by the driver's license. Upon receipt of a properly completed af fidavit, the Secretary of State shall issue the driver a permit to operate a vehicle in connection with the driver 's regular occupation only. Unless the permit is issued by t he Secretary of State prior to the date of suspension, the p rivilege to drive any motor vehicle shall be suspended a s set forth in the notice that was mailed under this Section. I f an affidavit is received subsequent to the effective date of this suspension, a permit may be issued for the remainder of t he suspension period. The provi sions of this subparagraph shall not apply to an y driver required to possess a CDL for the purpose of opera ting a commercial motor vehicle. An y person who falsely states any fact in the affidavit r equired herein shall be guilty of perjury under Section 6-302 and upon conviction thereof shall have all driving privil eges revoked without further rights. 3. At the conclusion of a hearing under Section 2-1 18 of this Code, the Secretary of State shall either rescind or continue an order of revocation or shall substitute an or der of suspension; or, good cause appearing therefor, rescind , continue, change, or extend the order of suspension. If t he Secretary of State does not rescind the order, the Secret ary may upon application, to relieve undue hardship (as defin ed by the rules of the Secretary of State), issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner 's place of employment or within the scope of the petitioner 's employment-related duties, or to allow the petition er to transport himself or herself, or a family member of the p etitioner's household to a medical facility, to receive necessary medical care, to allow the petitioner to transp ort himself or herself to and from alcohol or drug remedial o r rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational insti tution, or to allow the petitioner to transport chil dren, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's hou sehold to and from day care daycare. The petitioner must demonstrate that no alternative means of transportation i s reasonably available and that the petitioner will not end anger the public safety or welfare. (A) If a person's license or permit is revoked or s uspended due to 2 or more convictions of violating Secti on 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state off ense, or Section 9-3 of the Criminal Code of 1961 or the Cri minal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of the se offenses, arising out of separate occurrences, that person, if issu ed a restricted driving permit, may not operate a veh icle unless it has been equipped with an ignition inte rlock device as defined in Section 1-129.1. (B) If a person's license or permit is revoked or s uspended 2 or more times due to any combination of: (i) a single conviction of violating Section 11-501 of this Code or a similar provision of a loc al ordinance or a similar out-of-state offense o r Section 9-3 of the Criminal Code of 1961 or the Criminal Co de of 2012, where the use of alcohol or other drugs is recit ed as an element of the offense, or a similar out-of-state offense; or (ii) a statutory summary suspension or revoca tion under Section 11-501.1; or (iii) a suspension under Section 6-203. 1; arising out of separate occurrences; that person, if issu ed a restricted driving permit, may not operate a veh icle unless it has been equipped with an ignition inte rlock device as defined in Section 1-129.1. (B-5) If a person's license or permit is revo ked or suspended due to a conviction for a violation of subparag raph (C) or (F) of paragraph (1) of subsection (d ) of Section 11-501 of this Code, or a similar provis ion of a local ordinance or similar out-of-state offen se, that person, if issued a restricted driving permit, may not op erate a vehicle unless it has been equipped with an ign ition interlock device as defined in Section 1-1 29.1. (C) The person issued a permit conditioned upon the use of an ignition interlock device must pay to the Secre tary of State DUI Administration Fund an amount not to exceed $30 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. (D) If the restricted driving permit is issued for employment purposes, then the prohibition against operati ng a motor vehicle that is not equipped with an ig nition interlock device does not apply to the operation of an occupational vehicle owned or leased by that person 's employer when used solely for employment purpose s. For any person who, within a 5-year perio d, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a lo cal ordinance or similar out-of-state offense, th is employment exemption does not apply until either a one-year pe riod has elapsed during which that person had his or her drivi ng privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock de vice on every motor vehicle owned or operated by that p erson. (E) In each ca se the Secretary may issue a restrict ed driving permit for a period deemed appropriate, except th at all permits shall expire no later than 2 years from the date of issuance. A restricted driving permit issued under this Section shall be subject to cancellation, revo cation, and suspension by the Secretary of State in l ike manner and for like cause as a driver's license issu ed under this Code may be cancelled, revoked, or susp ended; except that a conviction upon one or more offe nses against laws or ordinances regulating the moveme nt of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restrict ed driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permi t, require the applicant to participate in a designa ted driver remedial or rehabilitative program. The Secretary of State is authorized to cancel a restricted d riving permit if the permit holder does not successfully complete the program.

(F) A person subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code may make application for a restricted driving permit at a hearing conducted under Section 2-118 of this Code after th e expiration of 5 years from the effective date of the most recent revocation or after 5 years from the date of relea se from a period of imprisonment resulting from a co nviction of the most recent offense, whichever is later , provided the person, in addition to all other requirement s of the Secretary, shows by clear and convincing evidence:

(i) a minimum of 3 years of uninterrupted abs tinence from alcohol and the unlawful use or consumpti on of cannabis under the Cannabis Control Act, a controlled substance under the Illinois Controlled Substances Act, an intoxicating compound under the Use of Intoxicating Compounds Act, or methamphe tamine under the Methamphetamine Control and Com munity Protection Act; and (ii) the successful completion of any rehabil itative treatment and involvement in any ongoing r ehabilitative activity that may be recommended b y a properly licensed service provider accor ding to an assessment of the person's alcohol or dru g use under Section 11-501.01 of this Code. In determining whether an applicant is eligible for a restricted driving permit under this subparagraph (F), th e Secretary may consider any relevant evidence, including, but not limited to, testimony, affidavits, records, and t he results of regular alcohol or drug tests. Persons sub ject to the provisions of paragraph 4 of subsection (b ) of Section 6-208 of this Code and who have been con victed of more than one violation of paragraph (3), paragraph (4 ), or paragraph (5) of subsection (a) of Section 11-501 of this Code shall not be eligible to apply for a restric ted driving permit under this subparagraph (F). A restricted driving permit issued under this subpa ragraph (F) shall provide that the holder may only o perate motor vehicles equipped with an ignition interloc k device as required under paragraph (2) of subsection (c) of Section 6-205 of this Code and subparagraph (A) of paragraph 3 of subsection (c) of this Section. The Secret ary may revoke a restricted driving permit or amend the conditions of a restricted driving permit issued unde r this subparagraph (F) if the holder operates a vehicle th at is not equipped with an ignition interlock device, o r for any other reason authorized under this Code. A restricted driving permit issued under this subpa ragraph (F) shall be revoked, and the holder barred from applying for or being issued a restricted driving pe rmit in the future, if the holder is convicted of a vio lation of Section 11-501 of this Code, a similar provision of a local ordinance, or a similar offense in a nother state. (c-3) In the case of a suspension under paragraph 4 3 of subsection (a), reports received by the Secretary of Stat e under this Section shall, except during the actual time t he suspension is in effect, be privileged information and fo r use only by the courts, police officers, prosecuting authorit ies, the driver licensing administrator of any other state, th e Secretary of State, or the parent or legal guardian of a driver under the age of 18. However, beginning January 1, 2008, if the person is a CDL holder, the suspension shall also be made available to the driver licensing administrator of any ot her state, the U.S. Department of Transportation, and the aff ected driver or motor carrier or prospective motor carrier upon request. (c-4) In the case of a suspension under paragraph 4 3 of subsection (a), the Secretary of State shall notify the p erson by mail that his or her driving privileges and driver's l icense will be suspended one month after the date of the mailing of the notice. (c-5) The Secretary of State may, as a condition of the reissuance of a driver's license or permit to an applican t whose driver's license or permit has been suspended befor e he or she reached the age of 21 years pursuant to any of the provisions of this Section, require the applicant to part icipate in a driver remedial education course and be retested under Section 6-109 of this Code. (d) This Section is subject to the provisions of the Driv er License Compact. (e) The Secreta ry of State shall not issue a restricted d riving permit to a person under the age of 16 years whos e driving privileges have been suspended or revoked under a ny provisions of this Code. (f) In accorda nce with 49 CFR 384, the Secretary of State may not issue a restricted driving permit for the operati on of a commercial motor vehicle to a person holding a CDL whos e driving privileges have been suspended, revoked, cancelle d, or disqualified under any provisions of this Code.(Source: P.A. 102-299, eff. 8-6-21; 102 -558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, ef f. 5-13-22; 102-982, eff. 7-1-23; 103-154, eff. 6-30- 23; 103-822, eff. 1-1-25; 103-1071, eff. 7-1-25; revised 10-27-25.) (Text of Section after amendment by P.A. 104-400) Sec. 6-206. Discretion ary authority to suspend or revoke license or permit; right to a hearing. (a) The Secretary of State is authorized to suspend or re voke the driving privileges of any person without preli minary hearing upon a showing of the person's record s or other sufficient evidence that the person: 1. Has committed an offense for which mandatory rev ocation of a driver's license or permit is required up on conviction; 2. Ha s been convicted of not less than 3 offenses a gainst traffic regulations governing the movement of veh icles committed within any 12-month period. No r evocation or suspension shall be entered more than 6 mon ths after the date of last conviction; 3. Has been repeatedly involved as a driver in moto r vehicle collisions or has been repeatedly convicted of of fenses against laws and ordinances regulating the movem ent of traffic, to a degree that indicates lack of a bility to exercise ordinary and reasonable care in the s afe operation of a motor vehicle or disrespect for the t raffic laws and the safety of other persons upon the hig hway; 4. Has by the unlawful operation of a motor vehicle caused or contributed to a crash resulting in injury requ iring immediate professional treatment in a medical f acility or doctor's office to any person, except that an y suspension or revocation imposed by the Secretary of Stat e under the provisions of this subsection shall start no la ter than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, whic h violation is related to the crash, or shall start not mor e than one year after the date of the crash, whichever date occurs later; 5. Has p ermitted an unlawful or fraudulent use of a driver's license, identification card, or permit; 6. Has been lawfully convicted of an offense or off enses in another state, including the authorization co ntained in Section 6-203.1, which if committed wi thin this State would be grounds for suspension or revocation;

7. Has refused or failed to submit to an examinatio n provided for by Section 6-207 or has failed to pass the examination; 8. Is ine ligible for a driver's license or permit u nder the provisions of Section 6-103; 9. Has made a false statement or knowingly conceale d a material fact or has used false information or identifica tion in any application for a license, identifi cation card, or permit; 10. Has possessed, displayed, or attempted to fraud ulently use any license, identification card, or per mit not issued to the person; 11. Has operated a motor vehicle upon a highway of this State when the person's driving privilege or privile ge to obtain a driver's license or permit was revo ked or suspended unless the operation was authorized by a monitoring device driving permit, judicial driving p ermit issued prior to January 1, 2009, probationary lice nse to drive, or restricted driving permit issued und er this Code; 12. H as submitted to any portion of the application process for another person or has obtained the services o f another person to submit to any portion of the applicatio n process for the purpose of obtaining a license, identific ation card, or permit for some other person; 13. Has operated a motor vehicle upon a highway of this State when the person's driver's license or permit w as invalid under the provisions of Sections 6-107. 1 and 6-110; 14. Has c ommitted a violation of Section 6-30 1, 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or 14B of the Illinois Identification Card Act or a similar offense in another state if, at the time of the offense, the person held an Illinois driver's license or identific ation card; 1 5. Has been convicted of violating Section 21-2 of the Criminal Code of 1961 or the Criminal Code of 2012 re lating to criminal trespass to vehicles if the person e xercised actual physical control over the vehicle during the commission of the offense, in which case the suspensi on shall be for one year;

16. Has been convicted of violating Section 11-204 of this Code relating to fleeing from a peace officer; 17. Has refused to submit to a test, or tests, as r equired under Section 11-501.1 of this Code and th e person has not sought a hearing as provided for in Sectio n 11-501.1; 18. (B lank); 19. Has committed a violation of paragraph (a) or ( b) of Section 6-101 relating to driving without a driv er's license; 20. Has been convicted of violating Section 6-104 relating to classification of driver's license; 21. Has been convicted of violating Section 11-402 of this Code relating to leaving the scene of a crash result ing in damage to a vehicle in excess of $1,000, in which case the suspension shall be for one year; 22. Has used a motor vehicle in violating paragraph (3), (4), (7), or (9) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 re lating to unlawful possession of weapons, in which case the suspension shall be for one year; 23. Has, as a driver, been convicted of committing a violation of paragraph (a) of Section 11-502 of thi s Code for a second or subsequent time within one year of a simi lar violation; 24. Has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the United States at a military installation in Illinois or i n another state of or for a traffic-related offense t hat is the same as or similar to an offense specified under Sect ion 6-205 or 6-206 of this Code; 25. Has permitted any form of identification to be used by another in the application process in order to ob tain or attempt to obtain a license, identification car d, or permit; 26. H as altered or attempted to alter a license or has possessed an altered license, identification card, or per mit; 27. (Blank); 28. Has been convicted for a first time of the ille gal possession, while operating or in actual physical control , as a driver, of a motor vehicle, of any controlled substa nce prohibited under the Illinois Controlled Substa nces Act, any cannabis prohibited under the Cannabi s Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act, in which case the person's driving privileges shall be suspe nded for one year. Any defendant found guilty of thi s offense while operating a motor vehicle shall have an ent ry made in the court record by the presiding judge tha t this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State; 29. Has been convicted of the following offenses th at were committed while the person was operating or in actua l physical control, as a driver, of a motor vehicle: crimin al sexual assault, predatory criminal sexual assaul t of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, soliciting for a sexually exploited child, promo ting commercial sexual exploitation of a child as de scribed in subdivision (a)(1), (a)(2), or (a)(3) of Sec tion 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012, and the manufacture, sale or deliv ery of controlled substances or instruments used for illegal drug use or abuse in which case the driver's driv ing privileges shall be suspended for one year; 30. Has been convicted a second or subsequent time for any combination of the offenses named in paragraph 29 of this subsection, in which case the person's driving privi leges shall be suspended for 5 years; 31. Has refused to submit to a test as required by Section 11-501.6 of this Code or Section 5-16 c of the Boat Registration and Safety Act or has submitted to a test re sulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting fr om the unlawful use or consumption of cannabis as liste d in the Cannabis Control Act, a controlled substance as li sted in the Illinois Controlled Substances Act, an into xicating compound as listed in the Use of Intoxicatin g Compounds Act, or methamphetamine as listed in the Metham phetamine Control and Community Protection Act, in which case the penalty shall be as prescribed in Section 6-208.1; 32. Has been convicted of Section 24-1.2 of t he Criminal Code of 1961 or the Criminal Code of 2012 relati ng to the aggravated discharge of a firearm if the offender was located in a motor vehicle at the time the f irearm was discharged, in which case the suspension shal l be for 3 years; 33. Ha s as a driver, who was less than 21 years of age on the date of the offense, been convicted a first time o f a violation of paragraph (a) of Section 11-502 of t his Code or a similar provision of a local ordinance; 34. Has committed a violation of Section 11-1 301.5 of this Code or a similar provision of a local ordinance; 35. Has committed a violation of Section 11-1 301.6 of this Code or a similar provision of a local ordinance; 36. Is under the age of 21 years at the time of arr est and has been convicted of not less than 2 offenses agains t traffic regulations governing the movement of vehicles co mmitted within any 24-month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction; 37. Has committed a violation of subsection (c), (c -5), or (c-10) of Section 11-907 of t his Code that resulted in damage to the property of another or the deat h or injury of another;

38. Has been convicted of a violation of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance and the person was an occupant of a mot or vehicle at the time of the violation; 39. Has committed a second or subsequent violation of Section 11-1201 of this Code; 40. Has committed a violation of subsection (a-1) of Section 11-908 of this Code; 41. Has committed a second or subsequent violation of Section 11-605.1 of this Code, a similar provision of a local ordinance, or a similar violation in any other stat e within 2 years of the date of the previous violation, in which case the suspension shall be for 90 days; 42. Has committed a violation of subsection (a-1) of Section 11-1301.3 of this Code or a similar provisi on of a local ordinance; 43. Has received a disposition of court supervision for a violation of subsection (a), (d), or (e) of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance and the person was an occu pant of a motor vehicle at the time of the violation, in which case the suspension shall be for a period of 3 m onths; 44. Is under the age of 21 years at the time of arr est and has been convicted of an offense against traffic regu lations governing the movement of vehicles after havi ng previously had his or her driving privileges suspe nded or revoked pursuant to subparagraph 36 of this Section; 45. Has, in c onnection with or during the course of a formal hearing conducted under Section 2-118 of thi s Code: (i) committed perjury; (ii) submitted fraudulent or falsi fied documents; (iii) submitted documents that have been materially altered; or (iv) submitted, as his or her own, documents that were in fact prepared or composed for another person; 46. Ha s committed a violation of subsection (j) of Section 3-413 of this Code;

47. Has committed a violation of subsection (a) of Section 11-502.1 of this Code; 48. Has submitted a falsified or altered medical ex aminer's certificate to the Secretary of State or provi ded false information to obtain a medical examiner's certificate; 49. Has been convicted of a violation of Section 11 -1002 or 11-1002.5 that resulted in a Type A injury to another, in which case the driving privileges of the pers on shall be suspended for 12 months; 50. Has committed a violation of subsection (b-5) of Section 12-610.2 that resulted in great bodily harm , permanent disability, or disfigurement, in which case the driving privileges of the person shall be suspended for 1 2 months; 51. Has commit ted a violation of Section 10-1 5 Of the Cannabis Regulation and Tax Act or a similar provision of a local ordinance while in a motor vehicle; or 52. Has committed a violation of subsection (b) of Section 10-20 of the Cannabis Regulation and Tax Ac t or a similar provision of a local ordinance. For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, and 27 of this subsection, license means any driver's lic ense, any traffic ticket issued when the person's driver's lice nse is deposited in lieu of bail, a suspension notice issued by the Secretary of State, a duplicate or corrected driver's lic ense, a probationary driver's license, or a temporary driver's license. (b) If any conviction forming the basis of a suspension o r revocation authorized under this Section is appealed, the Secretary of State may rescind or withhold the entry of t he order of suspension or revocation, as the case may be, pr ovided that a certified copy of a stay order of a court is filed with the Secretary of State. If the conviction is a ffirmed on appeal, the date of the conviction shall rela te back to the time the original judgment of conviction was entered and the 6-month limitation prescribed shall not apply. (c) 1. Upon suspending or revoking the driver's license o r permit of any person as authorized in this Section, the S ecretary of State shall immediately notify the person in writing of the revocation or suspension. The notice to be deposited in the United States mail, postage prepaid, to the last known address of the person.

2. If the Secretary of State suspends the driver's licens e of a person under subsection 2 of paragraph (a) of this S ection, a person's privilege to operate a vehicle as an occupation shall not be suspended, provided an affidavit is properly completed, the appropriate fee received, and a p ermit issued prior to the effective date of the suspension, unl ess 5 offenses were committed, at least 2 of which occurred whi le operating a commercial vehicle in connection with the dri ver's regular occupation. All other driving privileges shall be suspended by the Secretary of State. Any driver prior to operating a vehicle for occupational purposes only must s ubmit the affidavit on forms to be provided by the Secretary of State setting forth the facts of the person's occupation. The a ffidavit shall also state the number of offenses committ ed while operating a vehicle in connection with the driver's regular occupation. The affidavit shall be accompanied by the driver's license. Upon receipt of a properly completed af fidavit, the Secretary of State shall issue the driver a permit to operate a vehicle in connection with the driver 's regular occupation only. Unless the permit is issued by t he Secretary of State prior to the date of suspension, the p rivilege to drive any motor vehicle shall be suspended a s set forth in the notice that was mailed under this Section. I f an affidavit is received subsequent to the effective date of this suspension, a permit may be issued for the remainder of t he suspension period. The provi sions of this subparagraph shall not apply to an y driver required to possess a CDL for the purpose of opera ting a commercial motor vehicle. An y person who falsely states any fact in the affidavit r equired herein shall be guilty of perjury under Section 6-302 and upon conviction thereof shall have all driving privil eges revoked without further rights. 3. At the conclusion of a hearing under Section 2-1 18 of this Code, the Secretary of State shall either rescind or continue an order of revocation or shall substitute an or der of suspension; or, good cause appearing therefor, rescind , continue, change, or extend the order of suspension. If t he Secretary of State does not rescind the order, the Secret ary may upon application, to relieve undue hardship (as defin ed by the rules of the Secretary of State), issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner 's place of employment or within the scope of the petitioner 's employment-related duties, or to allow the petition er to transport himself or herself, or a family member of the p etitioner's household to a medical facility, to receive necessary medical care, to allow the petitioner to transp ort himself or herself to and from alcohol or drug remedial o r rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational insti tution, or to allow the petitioner to transport chil dren, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's hou sehold to and from child care daycare. The petitioner must demonstrate that no alternative means of transportation i s reasonably available and that the petitioner will not end anger the public safety or welfare. (A) If a person's license or permit is revoked or s uspended due to 2 or more convictions of violating Secti on 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state off ense, or Section 9-3 of the Criminal Code of 1961 or the Cri minal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of the se offenses, arising out of separate occurrences, that person, if issu ed a restricted driving permit, may not operate a veh icle unless it has been equipped with an ignition inte rlock device as defined in Section 1-129.1. (B) If a person's license or permit is revoked or s uspended 2 or more times due to any combination of: (i) a single conviction of violating Section 11-501 of this Code or a similar provision of a loc al ordinance or a similar out-of-state offense o r Section 9-3 of the Criminal Code of 1961 or the Criminal Co de of 2012, where the use of alcohol or other drugs is recit ed as an element of the offense, or a similar out-of-state offense; or (ii) a statutory summary suspension or revoca tion under Section 11-501.1; or (iii) a suspension under Section 6-203. 1; arising out of separate occurrences; that person, if issu ed a restricted driving permit, may not operate a veh icle unless it has been equipped with an ignition inte rlock device as defined in Section 1-129.1. (B-5) If a person's license or permit is revo ked or suspended due to a conviction for a violation of subparag raph (C) or (F) of paragraph (1) of subsection (d ) of Section 11-501 of this Code, or a similar provis ion of a local ordinance or similar out-of-state offen se, that person, if issued a restricted driving permit, may not op erate a vehicle unless it has been equipped with an ign ition interlock device as defined in Section 1-1 29.1. (C) The person issued a permit conditioned upon the use of an ignition interlock device must pay to the Secre tary of State DUI Administration Fund an amount not to exceed $30 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. (D) If the restricted driving permit is issued for employment purposes, then the prohibition against operati ng a motor vehicle that is not equipped with an ig nition interlock device does not apply to the operation of an occupational vehicle owned or leased by that person 's employer when used solely for employment purpose s. For any person who, within a 5-year perio d, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a lo cal ordinance or similar out-of-state offense, th is employment exemption does not apply until either a one-year pe riod has elapsed during which that person had his or her drivi ng privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock de vice on every motor vehicle owned or operated by that p erson. (E) In each ca se the Secretary may issue a restrict ed driving permit for a period deemed appropriate, except th at all permits shall expire no later than 2 years from the date of issuance. A restricted driving permit issued under this Section shall be subject to cancellation, revo cation, and suspension by the Secretary of State in l ike manner and for like cause as a driver's license issu ed under this Code may be cancelled, revoked, or susp ended; except that a conviction upon one or more offe nses against laws or ordinances regulating the moveme nt of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restrict ed driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permi t, require the applicant to participate in a designa ted driver remedial or rehabilitative program. The Secretary of State is authorized to cancel a restricted d riving permit if the permit holder does not successfully complete the program.

(F) A person subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code may make application for a restricted driving permit at a hearing conducted under Section 2-118 of this Code after th e expiration of 5 years from the effective date of the most recent revocation or after 5 years from the date of relea se from a period of imprisonment resulting from a co nviction of the most recent offense, whichever is later , provided the person, in addition to all other requirement s of the Secretary, shows by clear and convincing evidence:

(i) a minimum of 3 years of uninterrupted abs tinence from alcohol and the unlawful use or consumpti on of cannabis under the Cannabis Control Act, a controlled substance under the Illinois Controlled Substances Act, an intoxicating compound under the Use of Intoxicating Compounds Act, or methamphe tamine under the Methamphetamine Control and Com munity Protection Act; and (ii) the successful completion of any rehabil itative treatment and involvement in any ongoing r ehabilitative activity that may be recommended b y a properly licensed service provider accor ding to an assessment of the person's alcohol or dru g use under Section 11-501.01 of this Code. In determining whether an applicant is eligible for a restricted driving permit under this subparagraph (F), th e Secretary may consider any relevant evidence, including, but not limited to, testimony, affidavits, records, and t he results of regular alcohol or drug tests. Persons sub ject to the provisions of paragraph 4 of subsection (b ) of Section 6-208 of this Code and who have been con victed of more than one violation of paragraph (3), paragraph (4 ), or paragraph (5) of subsection (a) of Section 11-501 of this Code shall not be eligible to apply for a restric ted driving permit under this subparagraph (F). A restricted driving permit issued under this subpa ragraph (F) shall provide that the holder may only o perate motor vehicles equipped with an ignition interloc k device as required under paragraph (2) of subsection (c) of Section 6-205 of this Code and subparagraph (A) of paragraph 3 of subsection (c) of this Section. The Secret ary may revoke a restricted driving permit or amend the conditions of a restricted driving permit issued unde r this subparagraph (F) if the holder operates a vehicle th at is not equipped with an ignition interlock device, o r for any other reason authorized under this Code. A restricted driving permit issued under this subpa ragraph (F) shall be revoked, and the holder barred from applying for or being issued a restricted driving pe rmit in the future, if the holder is convicted of a vio lation of Section 11-501 of this Code, a similar provision of a local ordinance, or a similar offense in a nother state. (c-3) In the case of a suspension under paragraph 4 3 of subsection (a), reports received by the Secretary of Stat e under this Section shall, except during the actual time t he suspension is in effect, be privileged information and fo r use only by the courts, police officers, prosecuting authorit ies, the driver licensing administrator of any other state, th e Secretary of State, or the parent or legal guardian of a driver under the age of 18. However, beginning January 1, 2008, if the person is a CDL holder, the suspension shall also be made available to the driver licensing administrator of any ot her state, the U.S. Department of Transportation, and the aff ected driver or motor carrier or prospective motor carrier upon request. (c-4) In the case of a suspension under paragraph 4 3 of subsection (a), the Secretary of State shall notify the p erson by mail that his or her driving privileges and driver's l icense will be suspended one month after the date of the mailing of the notice. (c-5) The Secretary of State may, as a condition of the reissuance of a driver's license or permit to an applican t whose driver's license or permit has been suspended befor e he or she reached the age of 21 years pursuant to any of the provisions of this Section, require the applicant to part icipate in a driver remedial education course and be retested under Section 6-109 of this Code. (d) This Section is subject to the provisions of the Driv er License Compact. (e) The Secreta ry of State shall not issue a restricted d riving permit to a person under the age of 16 years whos e driving privileges have been suspended or revoked under a ny provisions of this Code. (f) In accorda nce with 49 CFR 384, the Secretary of State may not issue a restricted driving permit for the operati on of a commercial motor vehicle to a person holding a CDL whos e driving privileges have been suspended, revoked, cancelle d, or disqualified under any provisions of this Code.(Source: P.A. 103-154, eff. 6-30-23; 10 3-822, eff. 1-1-25; 103-1071, eff. 7-1-25; 104-400, e ff. 6-1-26; revised 10-27-25.) (625 ILCS 5/12-707.01) (from Ch

. 95 1/2, par. 12-707.01) Sec. 12-707.01. Liabil ity insurance. (a) No school bus, first division vehicle including a tax i which is used for a purpose that requires a school bus dr iver permit, commuter van or motor vehicle owned by or used fo r hire by and in connection with the operation of private or pub lic schools, day camps, summer camps or nursery schools, and no commuter van or passenger car used for a for-profit ridesharing arrangement, shall be operated for such purpo ses unless the owner thereof shall carry a minimum of persona l injury liability insurance in the amount of $25,000 for a ny one person in any one crash, and subject to the limit for one person, $100,000 for two or more persons injured by reaso n of the operation of the vehicle in any one crash. This subse ction (a) applies only to personal injury liability policies is sued or renewed before January 1, 2013. (b) Liability insurance policies issued or renewed on and after January 1, 2013 shall comply with the following: (1) except as provided in subparagraph (2) of this subsection (b), any vehicle that is used for a purpose th at requires a school bus driver permit under Section 6-104 of this Code shall carry a minimum of liabili ty insurance in the amount of $2,000,000. This minimum insur ance requirement may be satisfied by either (i) a $2 ,000,000 combined single limit primary commercial autom obile policy; or (ii) a $1 million primary commercia l automobile policy and a minimum $5,000,000 excess or umbr ella liability policy; (2) any vehicle that is used for a purpose that req uires a school bus driver permit under Section 6-104 of this Code and is used in connection with the operation of private child day care facilities, day camps, summer camps, or nursery schools shall carry a minimum of liabil ity insurance in the amount of $1,000,000 combined single limit per crash; (3) any commuter van or passenger car used for a fo r-profit ridesharing arrangement shall carry a mi nimum of liability insurance in the amount of $500,000 combined single limit per crash. (c) Primary ins urance coverage under the provisions of th is Section must be provided by a licensed and admitted insurance carrier or an intergovernmental cooperative for med under Section 10 of Article VII of the Illinois Constitut ion, or Section 6 or 9 of the Intergovernmental Cooperation Ac t, or provided by a certified self-insurer under Section 7-502 of this Code. The excess or umbrella liability coverage requ irement may be met by securing surplus line insurance as defined under Section 445 of the Illinois Insurance Code. If the excess or umbrella liability coverage requirement is met by securing surplus line insurance, that coverage must be effected through a licensed surplus line producer acting under the surplus line insurance laws and regulations of this S tate. Nothing in this subsection (c) shall be construed as proh ibiting a licensed and admitted insurance carrier or an intergovernmental cooperative formed under Section 10 of Article VII of the Illinois Constitution, or Section 6 or 9 of the Intergovernmental Cooperation Act, or a certified sel f-insurer under Section 7-502 of this Code , from retaining the risk required under paragraphs (1) and (2) of subsect ion (b) of this Section or issuing a single primary policy me eting the requirements of paragraphs (1) and (2) of subsection (b). (d) Each owner of a vehicle required to obtain the minimu m liability requirements under subsection (b) of this Secti on shall attest that the vehicle meets the minimum insurance requirements under this Section. The Secretary of State s hall create a form for each owner of a vehicle to attest that the owner meets the minimum insurance requirements and the ow ner of the vehicle shall submit the form with each registrati on application. The form shall be valid for the full registr ation period; however, if at any time the Secretary has reason to believe that the owner does not have the minimum required amount of insurance for a vehicle, then the Secretary may require a certificate of insurance, or its equivalent, to ensure the vehicle is insured. If the owner fails to prod uce a certificate of insurance, or its equivalent, within 2 cal endar days after the request was made, then the Secretary may r evoke the vehicle owner's registration until the Secretary is a ssured the vehicle meets the minimum insurance requireme nts. If the owner of a vehicle participates in an intergovernm ental cooperative or is self-insured, then the owner shal l attest that the insurance required under this Section is equival ent to or greater than the insurance required under paragraph (1) of subsection (b) of this Section. The Secretary may adop t any rules necessary to enforce the provisions of this subsect ion (d). (Source: P.A. 102-982, eff. 7-1-23.) Section 280. The Criminal Code of 2012 is amended by changing Sections 2-5.1, 2-5.2, 2-8.1, 11-0.1, 11-9.3, 11-24, 18-1, 19-1, and 48-1 as follows:

(720 ILCS 5/2-5.1) Sec. 2-5.1. C hild Day care center. "Child Day care center" has the meaning ascribed to it in Section 2.09 of the Chi ld Care Act of 1969.(Source: P.A. 96-55 6, eff. 1-1-10.) (720 ILCS 5/2-5.2) Sec. 2-5.2. C hild Day care home. "Child Day care home" has the meaning ascribed to it in Section 2.18 of the Child C are Act of 1969.(Source: P.A. 96-556, ef f. 1-1-10.) (720 ILCS 5/2-8.1) Sec. 2-8.1. Group child day care home. "Group child day care home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1969.(Source: P.A. 9 6-556, eff. 1-1-10.) (720 ILCS 5/11-0.1)

Sec. 11-0.1. Definitio ns. In this Article, unless the context clearly requires otherwise, the following terms a re defined as indicated: "Accus ed" means a person accused of an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 1 1-1.50, or 11-1.60 of this Code or a person for whose conduct the accused is le gally responsible under Article 5 of this Code. "Adult obscenity or child sexual abuse material Internet site". See Section 11-23. "Advanc e prostitution" means: (1) Soliciting for a person engaged in the sex trad e by performing any of the following acts when acting other than as a person engaged in the sex trade or a patron of a person engaged in the sex trade: (A) Soliciting another for the purpose of pro stitution. (B ) Arranging or offering to arrange a meetin g of persons for the purpose of prostitution. (C) Directing another to a place knowing the direction is for the purpose of prostitution. (2) Keeping a place of prostitution by controlling or exercising control over the use of any place that could o ffer seclusion or shelter for the practice of prostituti on and performing any of the following acts whe n acting other than as a person engaged in the sex trade or a patron of a person engaged in the sex trade: (A) Knowingly granting or permitting the use of the place for the purpose of prostitution. (B) Granting or permitting the use of the pla ce under circumstances from which he or she could reasonably know that the place is used or is to be used f or purposes of prostitution. (C) Permitting the continued use of the place after becoming aware of facts or circumstances from which he or she should reasonably know that the place is being used for purposes of prostitution. "Agency". See Section 11-9.5. "Arranges". See Section 11-6.5. "Bodily harm" means physical harm, and includes, but is n ot limited to, sexually transmitted disease, pregnancy, and impotence. "Care and custody ". See Section 11-9.5. "Child care institution". See Section 11-9.3. "Child sexual abuse material". See Section 11-20.1.

"Child sex offender". See Section 11-9.3. "Community agency". See Section 11-9.5. "Conditional release". See Section 11-9.2. "Consent" means a freely given agreement to the act of se xual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitut e consent. "Custody". See Sec tion 11-9.2. "Child Day ca re center". See Section 11-9.3. "Depict by computer". See Section 11-20.1. "Depiction by computer". See Section 11-20.1. "Disseminate". See Section 11-20.1. "Distribute". See Section 11-21. "Family member" means a parent, grandparent, child, sibli ng, aunt, uncle, great-aunt, or great-un cle, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step- child. "Family member" also means, if the victim is a child under 18 years of ag e, an accused who has resided in the household with the child c ontinuously for at least 3 months. "Force or threat of force" means the use of force or viol ence or the threat of force or violence, including, b ut not limited to, the following situations: (1) when the accused threatens to use force or viol ence on the victim or on any other person, and the vi ctim under the circumstances reasonably believes that t he accused has the ability to execute that threat; or (2) when the accused overcomes the victim by use of superior strength or size, physical restraint, or physica l confinement. "Harmful to min ors". See Section 11-21. "Loiter". See Section 9.3.

"Material". See Section 11-21. "Minor". See Section 11-21.

"Nudity". See Section 11-21. "Obscene". See Section 11-20. "Part day child care facility". See Section 11-9.3.

"Penal system". See Section 11-9.2. "Person responsible for the child's welfare". See Section 11-9.1A. "Person with a disability". See Section 11-9.5. "Playground". See Section 11-9.3. "Probation officer". See Section 11-9.2. "Produce". See Section 11-20.1. " Profit from prostitution" means, when acting other than as a person engaged in the sex trade, to receive anything of value for personally rendered prostitution services or to receive anything of value from a person engaged in the se x trade, if the thing received is not for lawful considerat ion and the person knows it was earned in whole or in part fr om the practice of prostitution. " Public park". See Section 11-9.3. "Public place". See Section 11-30. "Reproduce". See Section 11-20.1. "Sado-masochistic abuse". See Section 11-21. "School". See Section 11-9.3. "School official". See Section 11-9.3. "Sexual abuse". See Section 11-9.1A. "Sexual act". See Section 11-9.1. "Sexual conduct" means any knowing touching or fondling b y the victim or the accused, either directly or through clo thing, of the sex organs, anus, or breast of the victi m or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the a ccused upon any part of the clothed or unclothed body of the vic tim, for the purpose of sexual gratification or arousal of the victim or the accused. "Sexu al excitement". See Section 11-21. "Sexual penetration" means any contact, however slight, b etween the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any i ntrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or a nus of another person, including, but not limited to, cunnilingu s, fellatio, or anal penetration. Evidence of emission of se men is not required to prove sexual penetration. "Solicit". See Section 11-6. "State-operated facility". See Section 11-9.5 . "Supervising officer". See Section 11-9.2. "Surveillance agent". See Section 11-9.2. "Treatment and detention facility". See Section 11- 9.2. "Unable to give knowing consent" includes, but is not lim ited to, when the victim was asleep, unconscious, or u naware of the nature of the act such that the victim cou ld not give voluntary and knowing agreement to the sexual act. " Unable to give knowing consent" also includes when the a ccused administers any intoxicating or anesthetic substa nce, or any controlled substance causing the victim to become unconscious of the nature of the act and this condition w as known, or reasonably should have been known by the accuse d. "Unable to give knowing consent" also includes when the v ictim has taken an intoxicating substance or any controlled sub stance causing the victim to become unconscious of the nature of the act, and this condition was known or reason ably should have been known by the accused, but the accused di d not provide or administer the intoxicating substance. As used in this paragraph, "unconscious of the nature of the act" me ans incapable of resisting because the victim meets any one o f the following conditions:

(1) was unconscious or asleep; (2) was not aware, knowing, perceiving, or cognizan t that the act occurred; (3) was not aware, knowing, perceiving, or cognizan t of the essential characteristics of the act due to the pe rpetrator's fraud in fact; or (4) was not aware, knowing, perceiving, or cognizan t of the essential characteristics of the act due to the pe rpetrator's fraudulent representation that the sexual p enetration served a professional purpose when it served no professional purpose. It is inferred that a victim is unable to give knowing co nsent when the victim: (1) is committed to the care and custody or supervi sion of the Illinois Department of Corrections (ID OC) and the accused is an employee or volunteer who is not married to the victim who knows or reasonably should know that the victim is committed to the care and custody or supervision of such department; (2) is committed to or placed with the Department o f Children and Family Services (DCFS) and in residential ca re, and the accused employee is not married to the vict im, and knows or reasonably should know that the vict im is committed to or placed with DCFS and in residen tial care; (3) is a client or patient and the accused is a hea lth care provider or mental health care provider and the sexu al conduct or sexual penetration occurs during a trea tment session, consultation, interview, or examinatio n; (4) is a resident or inpatient of a residential fac ility and the accused is an employee of the facility w ho is not married to such resident or inpatient who prov ides direct care services, case management services, medical or other clinical services, habilitative services or direct supervision of the residents in the facility in which the resident resides; or an officer or other employ ee, consultant, contractor or volunteer of the resi dential facility, who knows or reasonably should know that the person is a resident of such facility; or

(5) is detained or otherwise in the custody of a po lice officer, peace officer, or other law enforcement o fficial who: (i) is detaining or maintaining custody of such person; or (ii) knows, or reasonably should know, th at at the time of the offense, such person was detained or in custody and the police officer, peace officer, or o ther law enforcement official is not married to such det ainee. "Victim" means a person alleging to have been subjected t o an offense prohibited by Section 11-1.20, 11- 1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.(Source: P.A. 103-1071, eff. 7-1-25; 10 4-245, eff. 1-1-26; revised 11-21-25.) (720 ILCS 5/11-9.3)

Sec. 11-9.3. Presence within school zone by child sex offenders prohibited; approaching, contacting, residing w ith, or communicating with a child within certain places by ch ild sex offenders prohibited. (a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprisi ng any school, or in any conveyance owned, leased, or contra cted by a school to transport students to or from school or a school-related school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian o f a student attending the school and the parent or guardian i s: (i) attending a conference at the school with school pers onnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education s ervices, or (iii) attending conferences to discuss other student issues concerning his or her child such as retent ion and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the s chool board or in the case of a private school from the princip al. In the case of a public school, if permission is granted, th e superintendent or school board president must inform the principal of the school where the sex offender will be pr esent. Notification includes the nature of the sex offe nder's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives o n school property and when he or she departs from school pr operty. If the sex offender is to be present in the vic inity of children, the sex offender has the duty to remain unde r the direct supervision of a school official. (a-5) It is unlawful for a child sex offender to kn owingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contrac ted by a school to transport students to or from school or a school-related school related activity when one or more persons under the age of 18 are present at the site. (a-10) It is unlawful for a child sex offender to k nowingly be present in any public park building, a playg round or recreation area within any publicly accessible private ly owned building, or on real property comprising any public park when persons under the age of 18 are present in the build ing or on the grounds and to approach, contact, or communicate w ith a child under 18 years of age, unless the offender is a par ent or guardian of a person under 18 years of age present in the building or on the grounds. (b) It is unlawful for a child sex offender to knowingly loiter within 500 feet of a school building or real prope rty comprising any school while persons under the age of 18 a re present in the building or on the grounds, unless the off ender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of h is or her child academically or socially, (ii) participating in child review conferences in which evaluation and placemen t decisions may be made with respect to his or her child re garding special education services, or (iii) attending conferences to discuss other student issues concerning hi s or her child such as retention and promotion and notifies th e principal of the school of his or her presence at the sch ool or has permission to be present from the superintendent or t he school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president mus t inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex o ffender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives o n school property and when he or she departs from school pr operty. If the sex offender is to be present in the vic inity of children, the sex offender has the duty to remain unde r the direct supervision of a school official. (b-2) It is unlawful for a child sex offender to kn owingly loiter on a public way within 500 feet of a public park b uilding or real property comprising any public park whil e persons under the age of 18 are present in the building o r on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a par ent or guardian of a person under 18 years of age present in the building or on the grounds. (b-5 ) It is unlawful for a child sex offender to kn owingly reside within 500 feet of a school building or the real p roperty comprising any school that persons under the age of 18 attend. Nothing in this subsection (b-5) prohibi ts a child sex offender from residing within 500 feet of a school bu ilding or the real property comprising any school that persons under 18 attend if the property is owned by the c hild sex offender and was purchased before July 7, 2000 (the e ffective date of Public Act 91-911). (b-10) It is unlawful for a child sex offender to k nowingly reside within 500 feet of a playground, child c are institution, day care center, pa rt day child care facility, child day care home, g roup child day care home, or a facility providing programs or services exclusively directed towar d persons under 18 years of age. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a playground or a facility providing programs or services exclusively directed toward persons under 18 yea rs of age if the property is owned by the child sex offender an d was purchased before July 7, 2000. Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a child care institution, child day care center, or part day child care facility if the property is owned by the child sex offender and was purchased before June 26, 2006 . Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a chil d day care home or group child day care home if the property is owned by the child sex offender and was purchased before August 14, 20 08 (the effective date of Public Act 95-821). (b-15) It is unlawful for a child sex offender to k nowingly reside within 500 feet of the victim of the sex offense. Nothing in this subsection (b-15) prohibit s a child sex offender from residing within 500 feet of the victim if the property in which the child sex offender resides is owned by the child sex offender and was purchased before August 22 , 2002. This subsection (b-15) doe s not apply if the victim of the sex offense is 21 years of age or older. (b-20) It is unlawful for a child sex offender to k nowingly communicate, other than for a lawful purpose un der Illinois law, using the Internet or any other digital med ia, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 y ears of age. (c) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associa ted with, or knowingly be present at any: (i) facility provid ing programs or services exclusively directed toward persons under the age of 18; (ii) child day care center; (iii) part day child care facility; (iv) child care institution; (v) school pr oviding before and after school programs for children u nder 18 years of age; (vi) child day care home; or (vii) group child day care home. This does not prohibit a chil d sex offender from owning the real property upon which the programs or servi ces are offered or upon which the child day care center, part day child care facility, child care institution, or school pr oviding before and after school programs for children u nder 18 years of age is located, provided the child sex offend er refrains from being present on the premises for the hours during which: (1) the programs or services are being offe red or (2) the child day care center, part day child care facility, child care institution, or school providing before and af ter school programs for children under 18 years of age, child day care home, or group child day care home is operated. (c-2) It is unlawful for a child sex offender to pa rticipate in a holiday event involving children under 1 8 years of age, including, but not limit ed to, distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed a s a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. For the purposes of this subsection, child sex offender has the meaning as defined in this Section, but does not include as a sex offense under paragraph (2) of subsection (d) of this Section, the offe nse under subsection (c) of Section 11-1.50 of this Cod e. This subsection does not apply to a child sex offender who is a parent or guardian of children under 18 years of age that are present in the home and other non-familial minors a re not present. (c-5) It is unlawful for a child sex offender to kn owingly operate, manage, be employed by, or be associated with an y carnival, amusement enterprise, or county or State fair w hen persons under the age of 18 are present. (c-6) It is unlawful for a child sex offender who o wns and resides at residential real estate to knowingly rent any residential unit within the same building in which he or she resides to a person who is the parent or guardian of a ch ild or children under 18 years of age. This subsection shall app ly only to leases or other rental arrangements entered into after January 1, 2009 (the effective date of Public Act 95-820). (c-7) It is unlawful for a child sex offender to kn owingly offer or provide any programs or services to persons unde r 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such program s or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis. ( c-8) It is unlawful for a child sex offender to kn owingly operate, whether authorized to do so or not, any of the f ollowing vehicles: (1) a vehicle which is specifically d esigned, constructed or modified and equipped to be used for the retail sale of food or beverages, including, but not limited to, an ice cream truck; (2) an authorized emergency vehicle; or (3) a rescue vehicle. (d) Definitions. In this Section:

(1) "Child sex offender" means any person who: (i) has been charged under Illinois law, or a ny substantially similar federal law or law of another state , with a sex offense set forth in paragraph (2) of t his subsection (d) or the attempt to commit an included sex offense, and the victim is a person under 18 years of age at the time of the offense; and: (A) is convicted of such offense or an attempt to commit such offense; or (B) is found not guilty by reason of in sanity of such offense or an attempt to commit such offense; or (C) is found not guilty by reason of in sanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or (D) is the subject of a finding not res ulting in an acquittal at a hearing conducted pursuant to subsec tion (a) of Section 104-25 of the Code of Cri minal Procedure of 1963 for the alleged commission or attempted commission of such offense; or (E) is found not guilty by reason of in sanity following a hearing conducted pursuant to a federal law o r the law of another state substantially sim ilar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such of fense; or (F) is the subject of a finding not res ulting in an acquittal at a hearing conducted pursuant to a fede ral law or the law of another state substantially s imilar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 fo r the alleged violation or attempted commission of such offense; or (ii) is certified as a sexually dangerous per son pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to suc h certification is committed or attempted against a pe rson less than 18 years of age; or (iii) is subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons A ct. Convictio ns that result from or are connected with the same act, or result from offenses committed at the same t ime, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section. (2) Except as otherwise provided in paragraph (2.5) , "sex offense" means: (i) A violation of any of the following Secti ons of the Criminal Code of 1961 or the Criminal Code of 2012 : 10-4 (forcible detention), 10-7 (aiding or abetting child ab duction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40 (predatory criminal sexua l assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.1 (sexual exploitation of a child), 11-9.2 (custodial sexual miscondu ct), 11-9.5 (sexual misconduct with a person with a disability), 11-11 (sexual relations within fa milies), 11-14.3(a)(1) (promoting prostitu tion by advancing prostitution), 11-14.3(a)(2)(A) (promoting prost itution by profiting from prostitution by compelling a person to be a person engaged in the sex trade), 11-14.3(a)(2)(C) (promoting prost itution by profiting from prostitution by means other than as descri bed in subparagraphs (A) and (B) of paragraph (2) o f subsection (a) of Section 11-14.3) , 11-14.4 (promoting commercial sex ual exploitation of a child), 11-18.1 (patronizing a sexually e xploited child), 1 1-20.1 (child sexual abuse mater ial or child pornography), 11-20.1B (aggravated child pornog raphy), 11-21 (harmful material),

11-25 (grooming), 11-26 (traveling to meet a minor or traveling to meet a child), 12-33 (ritualized abuse of a chil d), 11-20 (obscenity) (when that offe nse was committed in any school, on real property comprising any school, in any conveyance owned, leased, o r contracted by a school to transport students t o or from school or a school-rel ated school related activity, or in a public park ), 11-30 (public indecency) (when co mmitted in a school, on real property comprising a school, in any conv eyance owned, leased, or contracted by a school t o transport students to or from school or a school-related sch ool related activity, or in a public park). An attempt to commit any of these offen ses. (ii) A violation of any of the following Sect ions of the Criminal Code of 1961 or the Criminal Code of 2012 , when the victim is a person under 18 years of age:

11-1.20 (criminal sexual assault) , 11-1.30 (aggravated criminal sexu al assault), 11-1.50 (criminal sexual abuse),

11-1.60 (aggravated criminal sexu al abuse). An attempt to commit any of these offen ses. (iii) A violation of any of the following Sec tions of the Criminal Code of 1961 or the Criminal Code of 2012 , when the victim is a person under 18 years of age a nd the defendant is not a parent of the victim: 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint),

10-3.1 (aggravated unlawful restr aint), 11-9.1(A) (permitting sexual abus e of a child). A n attempt to commit any of these offen ses. (iv) A violation of any former law of this St ate substantially equivalent to any offense listed in clause (2)(i) or (2)(ii) of subsection (d) of this Sectio n. (2.5) For the purposes of subsections (b-5) a nd (b-10) only, a sex offense means: (i) A violation of any of the following Secti ons of the Criminal Code of 1961 or the Criminal Code of 2012 : 10-5(b)(10) (child luring), 10-7 (aiding or abetting child ab duction under Section 10-5(b)(10)), 11-1.40 (predatory criminal sexua l assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.2 (custodial sexual miscondu ct), 11-9.5 (sexual misconduct with a person with a disability), 11-11 (sexual relations within fa milies), 11-14.3(a)(1) (promoting prostitu tion by advancing prostitution), 11-14.3(a)(2)(A) (promoting prost itution by profiting from prostitution by compelling a person to be a person engaged in the sex trade), 11-14.3(a)(2)(C) (promoting prost itution by profiting from prostitution by means other than as descri bed in subparagraphs (A) and (B) of paragraph (2) o f subsection (a) of Section 11-14.3) , 11-14.4 (promoting commercial sex ual exploitation of a child), 11-18.1 (patronizing a sexually e xploited child), 1 1-20.1 (child sexual abuse mater ial or child pornography), 11-20.1B (aggravated child pornog raphy), 11-25 (grooming), 11-26 (traveling to meet a minor or traveling to meet a child), or

12-33 (ritualized abuse of a chil d). An attempt to commit any of these offen ses. (ii) A violation of any of the following Sect ions of the Criminal Code of 1961 or the Criminal Code of 2012 , when the victim is a person under 18 years of age:

11-1.20 (criminal sexual assault) , 11-1.30 (aggravated criminal sexu al assault), 11-1.60 (aggravated criminal sexu al abuse), and subse ction (a) of Section 11-1.50 (criminal sexual abuse).

An attempt to commit any of these offen ses. (iii) A violation of any of the following Sec tions of the Criminal Code of 1961 or the Criminal Code of 2012 , when the victim is a person under 18 years of age a nd the defendant is not a parent of the victim: 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint),

10-3.1 (aggravated unlawful restr aint), 11-9.1(A) (permitting sexual abus e of a child). A n attempt to commit any of these offen ses. (iv) A violation of any former law of this St ate substantially equivalent to any offense listed in this pa ragraph (2.5) of this subsection. (3) A conviction for an offense of federal law or t he law of another state that is substantially equivalent to any offense listed in paragraph (2) of subsection (d) of this Section shall constitute a conviction for the purpos e of this Section. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Da ngerous Persons Act shall constitute an adjudication fo r the purposes of this Section. (4) "Authorized emergency vehicle", "rescue vehicle ", and "vehicle" have the meanings ascribed to them in Secti ons 1-105, 1-171.8 and 1-217, resp ectively, of the Illinois Vehicle Code. (5) "Child care institution" has the meaning ascrib ed to it in Section 2.06 of the Child Care Act of 1969. (6) "Child Day care center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969. (7) "Child Day care home" has the meaning ascribed to it in Section 2.18 of the Child Care Act of 1969. (8) "Facility providing programs or services direct ed towards persons under the age of 18" means any facility p roviding programs or services exclusively directed towar ds persons under the age of 18. (9) "Group child day care home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1 969. (10) "Internet" has the meaning set forth in Sectio n 16-0.1 of this Code.

(11) "Loiter" means: (i) Standing, sitting idly, whether or not th e person is in a vehicle, or remaining in or around school or public park property. (ii) Standing, sitting idly, whether or not t he person is in a vehicle, or remaining in or around school or public park property, for the purpose of commit ting or attempting to commit a sex offense. (iii) Entering or remaining in a building in or around school property, other than the offender's residen ce. (12) "Part day child care facility" has the meaning ascribed to it in Section 2.10 of the Child Care Act of 1 969. (13) "Playgroun d" means a piece of land owned or co ntrolled by a unit of local government that is designat ed by the unit of local government for use solely or primarily for children's recreation. (14) "Public park" includes a park, forest preserve , bikeway, trail, or conservation area under the jurisdicti on of the State or a unit of local government.

(15) "School" means a public or private preschool o r elementary or secondary school. (16) "School official" means the principal, a teach er, or any other certified employee of the school, the superi ntendent of schools or a member of the school board . (e) For the purposes of this Section, the 500 feet distan ce shall be measured from: (1) the edge of the prop erty of the school building or the real property comprising th e school that is closest to the edge of the property of the child sex offender's residence or where he or she is loitering, and (2) the edge of the property comprising the public park b uilding or the real property comprising the public park, playground, child care institution, child day care center, part day child care facility, or facility providing progr ams or services exclusively directed toward persons under 18 years of age, or a victim of the sex offense who is under 21 ye ars of age, to the edge of the child sex offender's place of res idence or place where he or she is loitering. (f) Sentence. A person who violates this Section is guilt y of a Class 4 felony.(Source: P.A. 103-1071, eff. 7-1-25; 10 4-245, eff. 1-1-26; revised 11-21-25.) (720 ILCS 5/11-24) Sec. 11-24. Child phot ography by sex offender. (a) In this Section: "Child" means a person under 18 years of age. "Child sex offender" has the meaning ascribed to it in Se ction 11-0.1 of this Code. (b) It is unlawful for a child sex offender to knowingly:

(1) conduct or operate any type of business in whic h he or she photographs, videotapes, or takes a digital ima ge of a child; or ( 2) conduct or operate any type of business in whic h he or she instructs or directs another person to photogra ph, videotape, or take a digital image of a child ; or (3) photograph, vid eotape, or take a digital image of a child, or instruct or direct another person to photogra ph, videotape, or take a digital image of a child without the consent of the parent or guardian. (c) Sentence. A violation of this Section is a Class 2 fe lony. A person who violates this Section at a playgroun d, park facility, school, forest preserve, child day care facility, or at a facility providing programs or services directed to persons under 17 years of age is guilty of a Class 1 felony. (Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.) (720 ILCS 5/18-1) (from Ch. 38,

par. 18-1) Sec. 18-1. Robbery; ag gravated robbery. (a) Robbery. A person commits robbery when he or she know ingly takes property, except a motor vehicle covered by Section 18-3 or 18-4, from the person or pres ence of another by the use of force or by threatening the imminent use of fo rce. (b) Aggravated robbery. (1) A person commits aggravated robbery when he or she violates subsection (a) while indicating verbally or by h is or her actions to the victim that he or she is presen tly armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon. This offense sh all be applicable even though it is later determined th at he or she had no firearm or other dangerous weapon, including a knife, club, ax, or bludgeon, in his or her p ossession when he or she committed the robbery. (2) A person commits aggravated robbery when he or she knowingly takes property from the person or presence of a nother by delivering (by injection, inhalation, ingestio n, transfer of possession, or any other means) to the victim without his or her consent, or by threat or de ception, and for other than medical purposes, any contr olled substance. (c) Sentence. Robbery is a Class 2 felo ny, unless the victim is 60 year s of age or over or is a person with a physical disability, or the robbery is committed in a school, child day care center, child day care home, g roup child day care home, or part day child care facility, or place of worship, in which case r obbery is a Class 1 felony. Aggravated robbery is a Clas s 1 felony. (d) Regarding penalties prescr ibed in subsection (c) for violations committed in a child day care center, child day care home, group child day care home, or part day child care facility, the time of day, time of year, and whether chil dren under 18 years of age were present in the child day care center, child day care home, group child day care home, or part day child care facility are irrelevant. (S ource: P.A. 99-143, eff. 7-27-15.) (720 ILCS 5/19-1) (from Ch. 38,

par. 19-1) Sec. 19-1. Burglary. (a) A person commits burglary when without authority he o r she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehic le, railroad car, freight container, or any part thereof, wit h intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4-102 o f the Illinois Vehicle Code. (b) Sentence. Burglary committed in, an d without causing damage to, a w atercraft, aircraft, motor vehicle, railroad car, freigh t container, or any part thereof is a Class 3 felony. Burgl ary committed in a building, housetrailer, or any part thereo f or while causing damage to a watercraft, aircraft, motor veh icle, railroad car, freight container, or any part thereof is a Class 2 felony. A burglary committed in a school, child day care center, child day care home, group child day care home, or part day child care facility, or place of worship is a Cl ass 1 felony, except that this provision does not apply to a child day care center, child day care home, group child day care home, or part day child care facility operated in a priva te residence used as a dwelling. (c) Regar ding penalties prescribed in subsection (b) for violations committed in a child day care center, child day care home, group child day care home, or part day child care facility, the time of day, time of year, and whether chil dren under 18 years of age were present in the child day care center, child day care home, group child day care home, or part day child care facility are irrelevant. (S ource: P.A. 102-546, eff. 1-1-22.) (720 ILCS 5/48-1) (was 720 ILCS

5/26-5) Sec. 48-1. Dog fightin g. (For other provisions that may apply to dog fighting, see the Humane Care for Animals Ac t. For provisions similar to this Section that apply to animals other than dogs, see in particular Section 4.01 of the Humane C are for Animals Act.) (a) No person may own , capture, breed, train, or lease an y dog which he or she knows is intended for use in any show , exhibition, program, or other activity featuring or other wise involving a fight between the dog and any other animal or human, or the intentional killing of any dog for the purp ose of sport, wagering, or entertainment. (b) No person may promote, conduct, carry on, advertise, collect money for or in any other manner assist or aid in the presentation for purposes of sport, wagering, or entertai nment of any show, exhibition, program, or other activity invol ving a fight between 2 or more dogs or any dog and human, or t he intentional killing of any dog. (c) No person may sell or offer for sale, ship, transport , or otherwise move, or deliver or receive any dog which he or she knows has been captured, bred, or trained, or will be used, to fight another dog or human or be intentionally killed for purposes of sport, wagering, or entertainment. (c-5) No person may solicit a minor to violate this Section. (d) No person may manufacture for sale, shipment, transpo rtation, or delivery any device or equipment which he or she knows or should know is intended for use in any sh ow, exhibition, program, or other activity featuring or other wise involving a fight between 2 or more dogs, or any human an d dog, or the intentional killing of any dog for purposes of spo rt, wagering, or entertainment. (e) No pers on may own, possess, sell or offer for sale, s hip, transport, or otherwise move any equipment or devic e which he or she knows or should know is intended for use in connection with any show, exhibition, program, or activit y featuring or otherwise involving a fight between 2 or mor e dogs, or any dog and human, or the intentional killing of any dog for purposes of sport, wagering or entertainment. (f) No person may knowingly make available any site, stru cture, or facility, whether enclosed or not, that he or she knows is intended to be used for the purpose of condu cting any show, exhibition, program, or other activity involvin g a fight between 2 or more dogs, or any dog and human, or th e intentional killing of any dog or knowingly manufacture, distribute, or deliver fittings to be used in a fight bet ween 2 or more dogs or a dog and human. (g) No person may knowingly attend or otherwise patronize any show, exhibition, program, or other activity featurin g or otherwise involving a fight between 2 or more dogs, or an y dog and human, or the intentional killing of any dog for purp oses of sport, wagering, or entertainment. ( h) No person may tie or attach or fasten any live animal to any machine or device propelled by any power for the p urpose of causing the animal to be pursued by a dog or dogs. Thi s subsection (h) applies only when the dog is intended to b e used in a dog fight. (i) Sentence. (1) Any person convicted of violating subsection (a ), (b), (c), or (h) of this Section is guilty of a Class 4 f elony for a first violation and a Class 3 felony for a s econd or subsequent violation, and may be fined an amoun t not to exceed $50,000. (1.5) A person who knowingly owns a dog for fightin g purposes or for producing a fight between 2 or more dogs or a dog and human or who knowingly offers for sale or sells a dog bred for fighting is guilty of a Class 3 felony and m ay be fined an amount not to exceed $50,000, if the dog part icipates in a dogfight and any of the following facto rs is present: (i) the dogfight is performed in the presence of a person under 18 years of age; (ii) the dogfight is performed for the purpos e of or in the presence of illegal wagering activity; or (iii) the dogfight is performed in furtheranc e of streetgang related activity as defined in Section 10 of t he Illinois Streetgang Terrorism Omnibus Prevention A ct. (1.7) A person convicted of violating subsection (c -5) of this Section is guilty of a Class 4 felony. (2) Any person convicted of violating subsection (d ) or (e) of this Section is guilty of a Class 4 felony for a first violation. A second or subsequent violation of subs ection (d) or (e) of this Section is a Class 3 felony . (2.5) Any person convicted of violating subsection (f) of this Section is guilty of a Class 4 felony. Any person convicted of violating subsection (f) of this Section in which the site, structure, or facility made available to violate subsection (f) is located within 1,000 feet of a school, public park, playground, child care institution, child day care center, part day child care facility, child day care home, group child day care home, or a facility providing programs or services exclusively directed towar d persons under 18 years of age is guilty of a Class 3 felo ny for a first violation and a Class 2 felony for a second o r subsequent violation. (3) Any person convicted of violating subsection (g ) of this Section is guilty of a Class 4 felony for a first violation. A second or subsequent violation of subsection (g) of this Section is a Class 3 felony. If a person unde r 13 years of age is present at any show, exhibition, progr am, or other activity prohibited in subsection (g), the parent, legal guardian, or other person who is 18 yea rs of age or older who brings that person under 13 yea rs of age to that show, exhibition, program, or other activi ty is guilty of a Class 3 felony for a first violat ion and a Class 2 felony for a second or subsequent violation. (i-5) A person who com mits a felony violation of th is Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure o f 1963. (j) Any dog or equipment involve d in a violation of this Section shall be immediately seized and impounded under S ection 12 of the Humane Care for Animals Act when locate d at any show, exhibition, program, or other activity featurin g or otherwise involving a dog fight for the purposes of sport , wagering, or entertainment. (k) Any veh icle or conveyance other than a common carrier that is used in violation of this Section shall be seized , held, and offered for sale at public auction by the sheri ff's department of the proper jurisdiction, and the proceeds f rom the sale shall be remitted to the general fund of the cou nty where the violation took place. (l) Any veterinarian in this State who is presented with a dog for treatment of injuries or wounds resulting from fi ghting where there is a reasonable possibility that the dog was engaged in or utilized for a fighting event for the p urposes of sport, wagering, or entertainment shall file a report with the Department of Agriculture and cooperate b y furnishing the owners' names, dates, and descriptions of the dog or dogs involved. Any veterinarian who in good faith complies with the requirements of this subsection has imm unity from any liability, civil, criminal, or otherwise, that m ay result from his or her actions. For the purposes of any p roceedings, civil or criminal, the good faith of the vet erinarian shall be rebuttably presumed. (m) In addition to any other penalty provided by law, upo n conviction for violating this Section, the court may orde r that the convicted person and persons dwelling in the sam e household as the convicted person who conspired, aided, o r abetted in the unlawful act that was the basis of the con viction, or who knew or should have known of the unlaw ful act, may not own, harbor, or have custody or control of a ny dog or other animal for a period of time that the court deems reasonable. (n) A violation of subsecti on (a) of this Section may be inferred from evidence that the accused possessed any dev ice or equipment described in subsection (d), (e), or (h) of this Section, and also possessed any dog. ( o) When no longer required for investigations or court p roceedings relating to the events described or depicted therein, evidence relating to convictions for violations of this Section shall be retained and made available for use in training peace officers in detecting and identifying viol ations of this Section. Such evidence shall be made a vailable upon request to other law enforcement agencies and to schools certified under the Illinois Police Training A ct. (p) For the purposes of this Section, "school" has the me aning ascribed to it in Section 11-9.3 of this Co de; and "public park", "playground", "child care institution", "child day care center", "part day child care facil ity", "child day care home", "group child d ay care home", and "facility providing programs or services exclusively directed towar d persons under 18 years of age" have the meanings ascribed to them in Section 11-9.4 of this Code. (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1091, ef f. 1-1-11; 97-1108, eff. 1-1-13.) Section 285. The Code of Criminal Proc edure of 1963 is amended by changing Sections 112A-14.5, 112A- 14.7, and 112A-22 as follows:

(725 ILCS 5/112A-14.5) Sec. 112A-14.5. Civil no contact order; remedies. (a) The court may order any of the remedies listed in thi s Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner: (1) prohib it the respondent from knowingly coming w ithin, or knowingly remaining within, a specified distan ce from the petitioner; (2) restrain the respondent from having any contact , including nonphysical contact, with the petitioner direct ly, indirectly, or through third parties, regardles s of whether those third parties know of the order; (3) prohibit the respondent from knowingly coming w ithin, or knowingly remaining within, a specified distan ce from the petitioner's residence, school, child day care or other specified location;

(4) order the respondent to stay away from any prop erty or animal owned, possessed, leased, kept, or hel d by the petitioner and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherw ise disposing of the property or animal; and

(5) order any other injunctive relief as necessary or appropriate for the protection of the petitioner. (b) When the petitioner and the respondent attend the sam e public or private elementary, middle, or high school, the court when issuing a civil no contact order and providing relief shall consider the severity of the act, any contin uing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respo ndent under federal and State law, the availability of a transf er of the respondent to another school, a change of placement o r a change of program of the respondent, the expense, difficu lty, and educational disruption that would be caused by a tran sfer of the respondent to another school, and any other releva nt facts of the case. The court may order that the responden t not attend the public, private, or non-public elementar y, middle, or high school attended by the petitioner, order that the respondent accept a change of placement or program, as de termined by the school district or private or non-public school, or place restrictions on the respondent's movemen ts within the school attended by the petitioner. The respond ent bears the burden of proving by a preponderance of the evi dence that a transfer, change of placement, or change of progra m of the respondent is not available. The respondent also bear s the burden of production with respect to the expense, difficu lty, and educational disruption that would be caused by a tran sfer of the respondent to another school. A transfer, change o f placement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non- public school's transfer, change of placement, or change of prog ram or solely on the ground that the respondent fails or refu ses to consent to or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program. When a court orders a respondent to stay away fr om the public, private, or non-public school attended by t he petitioner and the respondent requests a transfer to anot her attendance center within the respondent's school district or private or non-public school, the school district o r private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transfer red. If the court order results in a transfer of the minor res pondent to another attendance center, a change in the respondent's placement, or a change of the respondent's p rogram, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other co sts associated with the transfer or change. (c) The court may order the parents, guardian, or legal c ustodian of a minor respondent to take certain actions o r to refrain from taking certain actions to ensure that the re spondent complies with the order. If the court orders a transfer of the respondent to another school, the parents or legal guardians of the respondent are responsible for tra nsportation and other costs associated with the change of school by the respondent. (d ) Denial of a remedy may not be based, in whole or in p art, on evidence that: (1) the respondent has cause for any use of force, unless that cause satisfies the standards for justifiable use of force provided by Article 7 of the Criminal Code o f 2012; (2) the responde nt was voluntarily intoxicated; (3) the petitioner acted in self-defense or d efense of another, provided that, if the petitioner utilized force, such force was justifiable under Article 7 of the Crimina l Code of 2012; (4) the petitioner did not act in self-defens e or defense of another; (5 ) the petitioner left the residence or household to avoid further non-consensual sexual conduct or non-consensual sexual penetration by the respondent ; or (6) the petitioner did not leave the residence or h ousehold to avoid further non-consensual sexual co nduct or non-consensual sexual penetration by the respond ent. (e) Monetary damages are not recoverable as a remedy.(Source: P.A. 100-199, eff. 1-1-18.) (725 ILCS 5/112A-14.7) Sec. 112A-14.7. Stalki ng no contact order; remedies. (a) The court may order any of the remedies listed in thi s Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner. A stalking no contact order shall order one o r more of the following: (1) prohibit the respondent from threatening to com mit or committing stalking; (2) order the respondent not to have any contact wi th the petitioner or a third person specifically named by th e court; (3) prohibit th e respondent from knowingly coming w ithin, or knowingly remaining within a specified distanc e of the petitioner or the petitioner's residence, school, child care daycare, or place of employment, or any specified place frequented by the petitioner; however, th e court may order the respondent to stay away from the resp ondent's own residence, school, or place of employmen t only if the respondent has been provided actual notice of the opportunity to appear and be heard on the petition; (4) prohibit the respondent from possessing a Firea rm Owners Identification Card, or possessing or buying firea rms; and (5) orde r other injunctive relief the court determi nes to be necessary to protect the petitioner or third party specifically named by the court. (b) When the petitioner and the respondent attend the sam e public, private, or non-public elementary, middle, or high school, the court when issuing a stalking no contact orde r and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the p etitioner, the educational rights guaranteed to the peti tioner and respondent under federal and State law, th e availability of a transfer of the respondent to another s chool, a change of placement or a change of program of t he respondent, the expense, difficulty, and educational disr uption that would be caused by a transfer of the resp ondent to another school, and any other relevant fact s of the case. The court may order that the respondent not att end the public, private, or non-public elementary, midd le, or high school attended by the petitioner, order that the respond ent accept a change of placement or program, as determined by the school district or private or non-public school, or place restrictions on the respondent's movements within the sch ool attended by the petitioner. The respondent bears the burd en of proving by a preponderance of the evidence that a transfe r, change of placement, or change of program of the responde nt is not available. The respondent also bears the burden of pr oduction with respect to the expense, difficulty, and e ducational disruption that would be caused by a transfer of the respondent to another school. A transfer, change of p lacement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non- public school's transfer, change of placement, or change of prog ram or solely on the ground that the respondent fails or refu ses to consent to or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program. When a court orders a respondent to stay away fr om the public, private, or non-public school attended by t he petitioner and the respondent requests a transfer to anot her attendance center within the respondent's school district or private or non-public school, the school district o r private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transfer red. If the court order results in a transfer of the minor res pondent to another attendance center, a change in the respondent's placement, or a change of the respondent's p rogram, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other co sts associated with the transfer or change. (c) The court may order the parents, guardian, or legal c ustodian of a minor respondent to take certain actions o r to refrain from taking certain actions to ensure that the re spondent complies with the order. If the court orders a transfer of the respondent to another school, the parents , guardian, or legal custodian of the respondent are respon sible for transportation and other costs associated with the ch ange of school by the respondent. (d) The court shall not hold a school district or private or non-public school or any of its employees in civ il or criminal contempt unless the school district or private o r non-public school has been allowed to intervene. (e) The court may hold the parents, guardian, or legal cu stodian of a minor respondent in civil or criminal cont empt for a violation of any provision of any order entered und er this Article for conduct of the minor respondent in viola tion of this Article if the parents, guardian, or legal custod ian directed, encouraged, or assisted the respondent minor in the conduct. (f) Monetary damage s are not recoverable as a remedy. (g) If the stalking no contact order prohibits the respon dent from possessing a Firearm Owner's Identificati on Card, or possessing or buying firearms; the court shall c onfiscate the respondent's Firearm Owner's Identificatio n Card and immediately return the card to the Illinois Stat e Police Firearm Owner's Identification Card Office.

(Source: P.A. 102-538, eff. 8-20-21.) (725 ILCS 5/112A-22) (from Ch.

38, par. 112A-22) Sec. 112A-22. Notice o f orders. (a) Entry and issuance. Upon issuance of any protective o rder, the clerk shall immediately, or on the next court day if an ex parte order is issued under subsection (e) of Secti on 112A-17.5 of this Code, (i) enter the order on the record and file it in accordance with the circuit court procedures a nd (ii) provide a file stamped copy of the order to responde nt and to petitioner, if present, and to the State's Attorney. I f the victim is not present the State's Attorney shall (i) as s oon as practicable notify the petitioner the order has been ente red and (ii) provide a file stamped copy of the order to the petitioner within 3 days. (b) Filing w ith sheriff. The clerk of the issuing judge s hall, on the same day that a protective order is issued, file a copy of that order with the sheriff or other law enforc ement officials charged with maintaining Illinois State Police records or charged with serving the order upon respondent . If the order was issued under subsection (e) of Section 112A -17.5 of this Code, the clerk on the next court day shall file a certified copy of the order with the sheriff or other law enforcement officials charged with maintaining Illinois S tate Police records. (c) (Blank). (c-2) Service by she riff. Unless respondent was pre sent in court when the order was issued, the sheriff, other law e nforcement official, or special process server shall pro mptly serve that order upon respondent and file proof of the se rvice, in the manner provided for service of process in civil proceedings. Instead of serving the order upon the respondent; however, the sheriff, other law enforcement o fficial, special process server, or other persons define d in Section 112A-22.1 of this Code may serve the respon dent with a short form notification as provided in Section 112A-22.1 of this Code. If process has not yet been served upon the re spondent, process shall be served with the order or sho rt form notification if the service is made by the sheriff, other law enforcement official, or special process server. (c-3) If the person against whom the protective ord er is issued is arrested and the written order is issued under subsection (e) of Section 112A-17.5 of this Code an d received by the custodial law enforcement agency before the respon dent or arrestee is released from custody, the custodial law e nforcement agency shall promptly serve the order upon th e respondent or arrestee before the respondent or arrestee is released from custody. In no event shall detention of the respondent or arrestee be extended for a hearing on the p etition for protective order or receipt of the order iss ued under Section 112A-17 of this Code. (c-4) Extensions, modifications, and revocations. A ny order extending, modifying, or revoking any protective or der shall be promptly recorded, issued, and served as provide d in this Section. (c-5) (Blank). (d) (Blank). (e) Notice to health care facilities and health care prac titioners. Upon the request of the petitioner, the cl erk of the circuit court shall send a certified copy of the p rotective order to any specified health care facility or health care practitioner requested by the petitioner at t he mailing address provided by the petitioner. (f) Disclosure by health care facilities and health care practitioners. After receiving a certified copy of a prot ective order that prohibits a respondent's access to records, no health care facility or health care practitio ner shall allow a respondent access to the records of any chi ld who is a protected person under the protective order, or rele ase information in those records to the respondent, unless th e order has expired or the respondent shows a certified cop y of the court order vacating the corresponding protective ord er that was sent to the health care facility or practitioner . Nothing in this Section shall be construed to require hea lth care facilities or health care practitioners to alter pro cedures related to billing and payment. The health car e facility or health care practitioner may file the copy of the protective order in the records of a child who is a prote cted person under the protective order, or may employ any othe r method to identify the records to which a respondent is p rohibited access. No health care facility or health care practitioner shall be civilly or professionally liable fo r reliance on a copy of a protective order, except for will ful and wanton misconduct. (g) Notice to s chools. Upon the request of the petitioner , within 24 hours of the issuance of a protective order, th e clerk of the issuing judge shall send a certified copy of the protective order to the child care day-care facility, pre-school or pre-kindergarten, or private sc hool or the principal office of the public school district or any col lege or university in which any child who is a protected perso n under the protective order or any child of the petitioner is enrolled as requested by the petitioner at the mailing ad dress provided by the petitioner. If the child transfers enroll ment to another child care day-care facility, pre-school, pre-kindergarten, private school, public school, co llege, or university, the petitioner may, within 24 hours of the tr ansfer, send to the clerk written notice of the transfe r, including the name and address of the institution to whic h the child is transferring. Within 24 hours of receipt of noti ce from the petitioner that a child is transferring to anoth er child care day-care facility, pre-school, pre-kindergarten, private school, public school, college, or university, th e clerk shall send a certified copy of the order to the ins titution to which the child is transferring. (h) Disclosure by schools. After receiving a certified co py of a protective order that prohibits a respondent's access to records, neither a child care day-care facility, pre-school, pre-kindergarten, public or priva te school, college, or university nor its employees shall allow a re spondent access to a protected child's records or relea se information in those records to the respondent. The schoo l shall file the copy of the protective order in the record s of a child who is a protected person under the order. When a c hild who is a protected person under the protective order tran sfers to another child care day-care facility, pre-school, pre-kindergarten, public or private school, college , or university, the institution from which the child is trans ferring may, at the request of the petitioner, provi de, within 24 hours of the transfer, written notice of the pr otective order, along with a certified copy of the orde r, to the institution to which the child is transferring.(Source: P.A. 102-538, eff. 8-20-21.) Section 290. The Sexually Violent Pers ons Commitment Act is amended by changing Section 40 as follows: (725 ILCS 207/40) Sec. 40. Commitment. (a) If a court or jury determines that the person who is the subject of a petition under Section 15 of this Act is a sexually violent person, the court shall order the person to be committed to the custody of the Department for control , care and treatment until such time as the person is no lo nger a sexually violent person. (b )(1) The court shall enter an initial commitment order under this Section pursuant to a hearing held as soon as practicable after the judgment is entered that the person who is the subject of a petition under Section 15 is a sexual ly violent person. If the court lacks sufficient information to make the determination required by paragraph (b)(2) of th is Section immediately after trial, it may adjourn the heari ng and order the Department to conduct a predisposition inve stigation or a supplementary mental examination, or b oth, to assist the court in framing the commitment order. If t he Department's examining evaluator previously rendered an o pinion that the person who is the subject of a petition under Section 15 does not meet the criteria to be found a sexua lly violent person, then another evaluator shall conduct the predisposition investigation and/or supplementary mental examination. A supplementary mental examination under thi s Section shall be conducted in accordance with Section 3-804 of the Mental Health and Developmental Disabilities Code. Th e State has the right to have the person evaluated by exper ts chosen by the State. (2) An order for commitment under this Section shall spec ify either institutional care in a secure facility, a s provided under Section 50 of this Act, or conditional rel ease. In determining whether commitment shall be for institutio nal care in a secure facility or for conditional release, the court shall consider the nature and circumstances of the behavior that was the basis of the allegation in the peti tion under paragraph (b)(1) of Section 15, the person's mental history and present mental condition, and what arrangemen ts are available to ensure that the person has access to and will participate in necessary treatment. All treatment, whethe r in institutional care, in a secure facility, or while on con ditional release, shall be conducted in conformance wi th the standards developed under the Sex Offender Management Board Act and conducted by a treatment provider licensed under the Sex Offender Evaluation and Treatment Provider Act. T he Department shall arrange for control, care and treatment of the person in the least restrictive manner consistent wit h the requirements of the person and in accordance with the cou rt's commitment order. (3) If th e court finds that the person is appropriate for conditional release, the court shall notify the Departmen t. The Department shall prepare a plan that identifies the t reatment and services, if any, that the person will rece ive in the community. The plan shall address the person's nee d, if any, for supervision, counseling, medication, community s upport services, residential services, vocational servic es, and alcohol or other drug abuse treatment. The Department may contract with a county health department, with another pu blic agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify w ho will be responsible for providing the treatment and servi ces identified in the plan. The plan shall be presented to th e court for its approval within 60 days after the court fin ding that the person is appropriate for conditional release, u nless the Department and the person to be released request addi tional time to develop the plan. The conditional rele ase program operated under this Section is not subject to the provisions of the Mental Health and Developmental Disabil ities Confidentiality Act. (4) An order for conditional release places the person in the custody and control of the Department. A person on co nditional release is subject to the conditions set by t he court and to the rules of the Department. Before a person is placed on conditional release by the court under this Sec tion, the court shall so notify the municipal police department and county sheriff for the municipality and county in which t he person will be residing. The notification requirement und er this Section does not apply if a municipal police departm ent or county sheriff submits to the court a written statemen t waiving the right to be notified. Notwithstanding any oth er provision in the Act, the person being supervised on cond itional release shall not reside at the same street a ddress as another sex offender being supervised on condi tional release under this Act, mandatory supervised release, parole, aftercare release, probation, or any oth er manner of supervision. If the Department alleges that a r eleased person has violated any condition or rule, or th at the safety of others requires that conditional release be revoked, he or she may be taken into custody under the ru les of the Department. At any time during which the person is on conditional rel ease, if the Department determines that the person has violated any condition or rule, or that the safety of oth ers requires that conditional release be revoked, the Departm ent may request the Attorney General or State's Attorney to r equest the court to issue an emergency ex parte order di recting any law enforcement officer to take the person into custody and transport the person to the county jail. The Department may request, or the Attorney General or State' s Attorney may request independently of the Department, tha t a petition to revoke conditional release be filed. When a p etition is filed, the court may order the Department to issue a notice to the person to be present at the Department or other agency designated by the court, order a summons to the pe rson to be present, or order a body attachment for all law enf orcement officers to take the person into custody and transport him or her to the county jail, hospital, or tre atment facility. The Department shall submit a stateme nt showing probable cause of the detention and a petition to revoke the order for conditional release to the committin g court within 48 hours after the detention. The court shal l hear the petition within 30 days, unless the hearing or t ime deadline is waived by the detained person. Pending the re vocation hearing, the Department may detain the person in a jail, in a hospital or treatment facility. The State has the burden of proving by clear and convincing evidence that a ny rule or condition of release has been violated, or that t he safety of others requires that the conditional release be revoked. If the court determines after hearing that any r ule or condition of release has been violated, or that the sa fety of others requires that conditional release be revoked, i t may revoke the order for conditional release and order that t he released person be placed in an appropriate institution u ntil the person is discharged from the commitment under Sectio n 65 of this Act or until again placed on conditional release under Section 60 of this Act. (5) An order for conditional release places the person in the custody, care, and control of the Department. The cou rt shall order the person be subject to the following rules of conditional release, in addition to any other conditions ordered, and the person shall be given a certificate sett ing forth the conditions of conditional release. These condit ions shall be that the person: (A) not violate any criminal statute of any jurisdi ction; (B) rep ort to or appear in person before such perso n or agency as directed by the court and the Department; (C) refrain from possession of a firearm or other d angerous weapon; (D) not leave the State without the consent of the court or, in circumstances in which the reason for the ab sence is of such an emergency nature, that prior consen t by the court is not possible without the prior notificati on and approval of the Department; (E) at the direction of the Department, notify thir d parties of the risks that may be occasioned by his or her criminal record or sexual offending history or characteri stics, and permit the supervising officer or ag ent to make the notification requirement; (F) attend and fully participate in assessment, tre atment, and behavior monitoring including, but not lim ited to, medical, psychological or psychiatric treatme nt specific to sexual offending, drug addiction, o r alcoholism, to the extent appropriate to the person based upon the recommendation and findings made in the Departme nt evaluation or based upon any subsequent recomm endations by the Department; (G) waive confidentiality allowing the court and De partment access to assessment or treatment results or b oth; (H) work regula rly at a Department approved occupat ion or pursue a course of study or vocational training and no tify the Department within 72 hours of any change in em ployment, study, or training; (I) not be employed or participate in any volunteer activity that involves contact with children, except unde r circumstances approved in advance and in writing by the D epartment officer; ( J) submit to the search of his or her person, resi dence, vehicle, or any personal or real property unde r his or her control at any time by the Department;

(K) financially support his or her dependents and p rovide the Department access to any requested financial information; (L) serv e a term of home confinement, the condition s of which shall be that the person: (i) remain within the interior premises of th e place designated for his or her confinement during the ho urs designated by the Department; (ii) admit any person or agent designated by the Department into the offender's place of confinement at an y time for purposes of verifying the person's complianc e with the condition of his or her confinement;

(i ii) if deemed necessary by the Department, be placed on an electronic monitoring device; (M) comply with the terms and conditions of an orde r of protection issued by the court pursuant to the Illinoi s Domestic Violence Act of 1986. A copy of the order of pro tection shall be transmitted to the Department by the clerk of the court; ( N) refrain from entering into a designated geograp hic area except upon terms the Department finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, others accompanying the person, a nd advance approval by the Department; (O) refrain from having any contact, including writ ten or oral communications, directly or indirectly, with cert ain specified persons including, but not limited to, the victim or the victim's family, and report any inciden tal contact with the victim or the victim's family to the Department within 72 hours; refrain from entering onto the premises of, traveling past, or loitering near t he victim's residence, place of employment, or other pla ces frequented by the victim;

(P) refrain from having any contact, including writ ten or oral communications, directly or indirectly, with part icular types of persons, including but not limited to members of street gangs, drug users, drug dealers, or per sons engaged in the sex trade; (Q) refrain from all contact, direct or indirect, p ersonally, by telephone, letter, or through another pers on, with minor children without prior identification and approval of the Department; (R) refrain from having in his or her body the pres ence of alcohol or any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protect ion Act, unless prescribed by a physician, and sub mit samples of his or her breath, saliva, blood, or ur ine for tests to determine the presence of alcohol or a ny illicit drug; (S) not establish a dating, intimate, or sexual rel ationship with a person without prior written notifica tion to the Department; (T) neither possess or have under his or her contro l any material that is pornographic, sexually oriented, or sexually stimulating, or that depicts or alludes to sexua l activity or depicts minors under the age of 18, including but not limited to visual, auditory, telephonic, electron ic media, or any matter obtained through access t o any computer or material linked to computer access use; (U) not patronize any business providing sexually s timulating or sexually oriented entertainment nor utiliz e "900" or adult telephone numbers or any other sex-r elated telephone numbers; (V ) not reside near, visit, or be in or about parks , schools, child day care centers, swimming pools, beaches, theaters, or any other places where minor children congre gate without advance approval of the Department and report any incidental contact with minor children to the Department within 72 hours; (W) not establish any living arrangement or residen ce without prior approval of the Department; (X) not publish any materials or print any advertis ements without providing a copy of the proposed p ublications to the Department officer and obtaining perm ission prior to publication;

(Y) not leave the county except with prior permissi on of the Department and provide the Department officer or a gent with written travel routes to and from work and any other designated destinations; (Z) not possess or have under his or her control ce rtain specified items of contraband related to the inci dence of sexually offending items including video or still camera items or children's toys; (AA) provide a written daily log of activities as d irected by the Department; (BB) comply with all other special conditions that the Department may impose that restrict the person from high-risk situations and limit access or potential victims. (6) A person place d on conditional release and who during the term undergoes mandatory drug or alcohol testing or i s assigned to be placed on an approved electronic monitorin g device may be ordered to pay all costs incidental to the mandatory drug or alcohol testing and all costs incidenta l to the approved electronic monitoring in accordance with the person's ability to pay those costs. The Department may e stablish reasonable fees for the cost of maintenance, te sting, and incidental expenses related to the mandatory drug or alcohol testing and all costs incidental to approved e lectronic monitoring. (Source: P.A. 103-1071, eff. 7-1-25.) Section 295. The Unified Code of Corre ctions is amended by changing Sections 3-2.5-95, 3-3-7 , and 5-5-3.2 as follows: (730 ILCS 5/3-2.5-95) Sec. 3-2.5-95. C onditions of aftercare release. (a) The conditions of aftercare release for all youth com mitted to the Department under the Juvenile Court Act of 1987 shall be such as the Department of Juvenile Justice deems necessary to assist the youth in leading a law-abid ing life. The conditions of every aftercare release are that the yo uth: (1) not violate any criminal statute of any jurisdi ction during the aftercare release term; (2) refrain from possessing a firearm or other dang erous weapon; (3) report to an agent of the Department; (4) permit the agent or aftercare specialist to vis it the youth at his or her home, employment, or elsewhere to the extent necessary for the agent or aftercare specialis t to discharge his or her duties; (5) reside at a Department-approved host site ; (6) secure permission before visiting or writing a committed person in an Illinois Department of Corrections or Illinois Department of Juvenile Justice facility; (7) report all arrests to an agent of the Departmen t as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no co ntact order to an agent of the Department; (8) obtain permission of an agent of the Department before leaving the State of Illinois; (9) obtain permission of an agent of the Department before changing his or her residence or employment; (10) consent to a search of his or her person, prop erty, or residence under his or her control; (11) refrain from the use or possession of narcotic s or other controlled substances in any form, or both, or a ny paraphernalia related to those substances and submit to a urinalysis test as instructed by an agent of the Dep artment; (12) not f requent places where controlled substance s are illegally sold, used, distributed, or administered; (13) not knowingly associate with other persons on parole, aftercare release, or mandatory supervised releas e without prior written permission of his or her aftercare specialist and not associate with persons who are members of an organized gang as that term is defined in the Illin ois Streetgang Terrorism Omnibus Prevention Act; (14) provide true and accurate information, as it r elates to his or her adjustment in the community while o n aftercare release or to his or her conduct while incarcer ated, in response to inquiries by an agent of the Department; (15) follo w any specific instructions provided by t he agent that are consistent with furthering conditions set and approved by the Department or by law to achieve the g oals and objectives of his or her aftercare release or t o protect the public; these instructions by the agent may b e modified at any time, as the agent deems appropriate; (16) comply with the terms and conditions of an ord er of protection issued under the Illinois Domestic Violence Act of 1986; an order of protection issued by the court o f another state, tribe, or United States territory; a no co ntact order issued under the Civil No Contact Order Act ; or a no contact order issued under the Stalking No Contac t Order Act; (17) if con victed of a sex offense as defined in th e Sex Offender Management Board Act, and a sex offender tre atment provider has evaluated and recommended further sex offender treatment while on aftercare release, the yo uth shall undergo treatment by a sex offender treatment provider or associate sex offender provider as defined in the Sex Offender Management Board Act at his or her expen se based on his or her ability to pay for the treatm ent; (18) if con victed of a sex offense as defined in th e Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or ap artment unit or in the same condominium complex or apar tment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisi ons of this paragraph do not apply to a person con victed of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for se x offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medic al facility; (19) if convicted for an offense that would qualify the offender as a sexual predator under the Sex Offender Registration Act wear an approved electronic monitoring d evice as defined in Section 5-8A-2 for the d uration of the youth's aftercare release term and if convicted for a n offense of criminal sexual assault, aggravated criminal s exual assault, predatory criminal sexual assault of a ch ild, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child when the victim was under 18 years of age at the time of the commission of th e offense and the offender used force or the threat of forc e in the commission of the offense wear an approved electro nic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for t he duration of the youth's aftercare release term; (20) if convicted for an offense that would qualify the offender as a child sex offender as defined in Sectio n 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the offender and whom the offender reasonably believes to be under 18 years of age; for purposes of thi s paragraph (20), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the offender if the person is no t: (A) the spouse, brother, or sister of the offender; (B) a descendant of the offender; (C) a first or second cousin of the offender; or (D) a step-child or adopted chi ld of the offender; (21) if convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Crim inal Code of 1961 or the Criminal Code of 2012, consent to search of comput ers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Inte rnet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with t he Sex Offender Registration Act and compliance with con ditions in this Act; (22) if convicted for an offense that would qualify the offender as a sex offender or sexual predator under t he Sex Offender Registration Act, not possess prescripti on drugs for erectile dysfunction; (23) if convicted for an offense under Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a sexually exploited child, 11-15.1, 11-20.1, 11-2 0.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses: (A) not access or use a computer or any other device with Internet capability without the prior written approval of the Department; (B) submit to periodic unannounced examinatio ns of the youth's computer or any other device with Internet ca pability by the youth's aftercare specialist, a law enf orcement officer, or assigned computer or information technology specialist, including the retrieva l and copying of all data from the computer or de vice and any internal or external peripherals and remov al of the information, equipment, or device to condu ct a more thorough inspection; (C) submit to the installation on the youth's computer or device with Internet capability, at the youth 's expense, of one or more hardware or software syst ems to monitor the Internet use; and (D) submit to any other appropriate restricti ons concerning the youth's use of or access to a computer or any other device with Internet capability imposed by t he Department or the youth's aftercare specialist; (24) if convicted of a sex offense as defined in th e Sex Offender Registration Act, refrain from accessing or using a social networking website as defined in Section 1 7-0.5 of the Criminal Code of 2012; (25) if convicted of a sex offense as defined in Se ction 2 of the Sex Offender Registration Act that requi res the youth to register as a sex offender under th at Act, not knowingly use any computer scrub software o n any computer that the youth uses;

(26) if convicted of a sex offense as defined in su bsection (a-5) of Section 3-1-2 of th is Code, unless the youth is a parent or guardian of a person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving chi ldren under 18 years of age, such as distributing cand y or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed a s a department store Santa Claus, or wearing an Easter Bunn y costume on or preceding Easter; (27) if convicted of a violation of an order of pro tection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be pl aced under electronic surveillance as provided in Secti on 5-8A-7 of this Code; and (28) if convicted of a violation of the Methampheta mine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetami ne related offense, be: (A) prohibited from purchasing, possessing, o r having under his or her control any product containing ps eudoephedrine unless prescribed by a physician; and (B) prohibited from purchasing, possessing, o r having under his or her control any product containing am monium nitrate. (b) The De partment may in addition to other conditions re quire that the youth: (1) work or pursue a course of study or vocational training; (2) undergo medical or psychiatric treatment, or tr eatment for drug addiction or alcoholism; (3) attend or reside in a facility established for the instruction or residence of persons on probation or after care release; (4) support his or her dependents; (5) if convicted for an offense that would qualify the youth as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Crimi nal Code of 2012, refrain from communicating with or contacting, b y means of the Internet, a person who is related to the you th and whom the youth reasonably believes to be under 18 yea rs of age; for purposes of this paragraph (5), "Intern et" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person i s related to the youth if the person is: (A) the spouse, br other, or sister of the youth; (B) a descendant of the youth; (C) a first or second cousin of the youth; or (D) a step-child or adopted child of the youth; (6) if convicted for an offense that would qualify as a sex offense as defined in the Sex Offender Registration Act: (A) not acc ess or use a computer or any other device with Internet capability without the prior written approval of the Department; (B) submit to periodic unannounced examinatio ns of the youth's computer or any other device with Internet ca pability by the youth's aftercare specialist, a law enf orcement officer, or assigned computer or information technology specialist, including the retrieva l and copying of all data from the computer or de vice and any internal or external peripherals and remov al of the information, equipment, or device to condu ct a more thorough inspection; (C) submit to the installation on the youth's computer or device with Internet capability, at the youth 's offender's expense, of one or more hardware or so ftware systems to monitor the Internet use; and (D) submit to any other appropriate restricti ons concerning the youth's use of or access to a computer or any other device with Internet capability imposed by t he Department or the youth's aftercare specialist; an d (7) in addition to other conditions: (A) reside with his or her parents or in a fo ster home; (B) attend school; (C) attend a non-residential program fo r youth; or (D) contribute to his or her own support at h ome or in a foster home. (c) In add ition to the conditions under subsections (a) a nd (b) of this Section, youths required to register as s ex offenders under the Sex Offender Registration Act, upon r elease from the custody of the Department of Juvenile Ju stice, may be required by the Department to comply with the following specific conditions of release: (1) reside only at a Department approved location; (2) comply with all requirements of the Sex Offende r Registration Act; (3) notify third parties of the risks that may be o ccasioned by his or her criminal record; (4) obtain the approval of an agent of the Departme nt prior to accepting employment or pursuing a course of stu dy or vocational training and notify the Department pr ior to any change in employment, study, or training; (5) not be employed or participate in any volunteer activity that involves contact with children, except unde r circumstances approved in advance and in writing by an ag ent of the Department; (6) be electronically monitored for a specified per iod of time from the date of release as determined by the Dep artment; (7) refrai n from entering into a designated geograp hic area except upon terms approved in advance by an agent of the Department; these terms may include consideration of the purpose of the entry, the time of day, and others acc ompanying the youth; (8) refrain from having any contact, including writ ten or oral communications, directly or indirectly, personall y or by telephone, letter, or through a third party with ce rtain specified persons including, but not limited to, the victim or the victim's family without the prior writt en approval of an agent of the Department; (9) refrain from all contact, directly or indirectl y, personally, by telephone, letter, or through a third part y, with minor children without prior identification a nd approval of an agent of the Department; (10) neither possess or have under his or her contr ol any material that is sexually oriented, sexually stimulat ing, or that shows male or female sex organs or a ny pictures depicting children under 18 years of age nud e or any written or audio material describing sexual interc ourse or that depicts or alludes to sexual activity , including, but not limited to, visual, auditory, telephon ic, or electronic media, or any matter obtained t hrough access to any computer or material linked to comp uter access use; ( 11) not patronize any business providing sexually stimulating or sexually oriented entertainment nor utiliz e "900" or adult telephone numbers;

(12) not reside near, visit, or be in or about park s, schools, child day care centers, swimming pools, beaches, theaters, or any other places where minor children congre gate without advance approval of an agent of the De partment and immediately report any incidental contact with minor children to the Department; (13) not possess or have under his or her control c ertain specified items of contraband related to the inci dence of sexually offending as determined by an agent of the Department; (14 ) may be required to provide a written daily log of activities if directed by an agent of the Department; (15) comply with all other special conditions that the Department may impose that restrict the youth from high-risk situations and limit access to potential victims; (16) take an annual polygraph exam; (17) maintain a log of his or her travel; or

(18) obtain prior approval of an agent of the Depar tment before driving alone in a motor vehicle. (d) The conditions under which the aftercare release is t o be served shall be communicated to the youth in writing p rior to his or her release, and he or she shall sign the same before release. A signed copy of these conditions, including a c opy of an order of protection if one had been issued by the c riminal court, shall be retained by the youth and anothe r copy forwarded to the officer or aftercare specialist in charge of his or her supervision.

(e) After a revocation hearing under Section 3-3-9.5, the Department of Juvenile Justice may modify or enlarge the conditions of aftercare release. (f) The Department shall inform all youth of the optional services available to them upon release and shall assist youth in availing themselves of the optional services upon thei r release on a voluntary basis.(Source: P.A. 103-1071, eff. 7-1-25.) (730 ILCS 5/3-3-7) (from

Ch. 38, par. 1003-3-7) Sec. 3-3-7. Cond itions of parole or mandatory supervised release. (a) The cond itions of parole or mandatory supervised rele ase shall be such as the Prisoner Review Board deems necessary to assist the subject in leading a law-ab iding life. The conditions of every parole and mandatory supervised r elease are that the subject: (1) not violate any criminal statute of any jurisdi ction during the parole or release term; (2) refrain from possessing a firearm or other dang erous weapon; (3) report to an agent of the Department of Correct ions; (4) perm it the agent to visit him or her at his or her home, employment, or elsewhere to the extent necessary fo r the agent to discharge his or her duties; (5) attend or reside in a facility established for the instruction or residence of persons on parole or mandator y supervised release; ( 6) secure permission before visiting or writing a committed person in an Illinois Department of Corrections facility; (7) report all arrests to an agent of the Departmen t of Corrections as soon as permitted by the arresting auth ority but in no event later than 24 hours after relea se from custody and immediately report service or no tification of an order of protection, a civil no contac t order, or a stalking no contact order to an agent of the Department of Corrections; (7.5) if convicted of a sex offense as defined in t he Sex Offender Management Board Act, the individual shall u ndergo and successfully complete sex offender treatment conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment prov ider approved by the Board; (7.6) if convicted of a sex offense as defined in t he Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or ap artment unit or in the same condominium complex or apar tment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisi ons of this paragraph do not apply to a person con victed of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for se x offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medic al facility; (7. 7) if convicted for an offense that would qualif y the accused as a sexual predator under the Sex Offender R egistration Act on or after January 1, 2007 (the effecti ve date of Public Act 94-988), wear an appro ved electronic monitoring device as defined in Section 5-8A-2 for the duration of the person's parole, mandatory superv ised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, preda tory criminal sexual assault of a child, criminal se xual abuse, aggravated criminal sexual abuse, or ritual ized abuse of a child committed on or after August 11, 2009 (the effective date of Public Act 96-236) when the victim was under 18 years of age at the time of the c ommission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Se ction 5-8A-2 that has Global Positioning Sy stem (GPS) capability for the duration of the person's parole, manda tory supervised release term, or extended mandatory supervised release term; (7.8) if convicted for an offense committed on or a fter June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child s ex offender as defined in Section 11-9.3 or 11-9 .4 of the Criminal Code of 1961 or the Criminal Code of 2012, refra in from communicating with or contacting, by means o f the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 y ears of age; for purposes of this paragraph (7.8), "Inte rnet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person i s not related to the accused if the person is not: (i) the spou se, brother, or sister of the accused; (ii) a descend ant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted chi ld of the accused; (7.9) if convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Crim inal Code of 1961 or the Criminal Code of 2012, consent to search of comput ers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Inte rnet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with t he Sex Offender Registration Act and compliance with con ditions in this Act; (7.10) if convicted for an offense that would quali fy the accused as a sex offender or sexual predator under th e Sex Offender Registration Act on or after June 1, 2008 (t he effective date of Public Act 95-640), not poss ess prescription drugs for erectile dysfunction; (7.11) if convicted for an offense under Section 11 -6, 11-9.1, 11-14.4 that involves soliciting for a sexually exploited child, 11-15.1, 11-20.1, 11-2 0.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, com mitted on or after June 1, 2009 (the effective date of Public Act 95-983): (i) not access or use a computer or any other device with Internet capability without the prior written approval of the Department; (ii) submit to periodic unannounced examinati ons of the offender's computer or any other device with Inter net capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retri eval and copying of all data from the computer or de vice and any internal or external peripherals and remov al of such information, equipment, or device to cond uct a more thorough inspection; (iii) submit to the installation on the offen der's computer or device with Internet capability, at the offen der's expense, of one or more hardware or software s ystems to monitor the Internet use; and (iv) submit to any other appropriate restrict ions concerning the offender's use of or access to a computer or any other device with Internet capability imp osed by the Board, the Department or the offender's su pervising agent; (7 .12) if convicted of a sex offense as defined in the Sex Offender Registration Act committed on or after Janua ry 1, 2010 (the effective date of Public Act 96-262), refrain from accessing or using a social networking websi te as defined in Section 17-0.5 of the Crimina l Code of 2012; (7.13) if co nvicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any comput er scrub software on any computer that the sex offe nder uses; (8) ob tain permission of an agent of the Department of Corrections before leaving the State of Illinois;

(9) obtain permission of an agent of the Department of Corrections before changing his or her residence or emplo yment; (10) cons ent to a search of his or her person, prop erty, or residence under his or her control; (11) refrain from the use or possession of narcotic s or other controlled substances in any form, or both, or a ny paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of t he Department of Corrections if there is reasonable suspicio n of illicit drug use and the source of the reasonable susp icion is documented in the Department's case manageme nt system; (1 2) not knowingly frequent places where controlled substances are illegally sold, used, distributed, or admi nistered; (13) ex cept when the association described in eithe r subparagraph (A) or (B) of this paragraph (13) involves a ctivities related to community programs, worship service s, volunteering, engaging families, or some other pro-social activity in which there is no evidence o f criminal intent: (A) not knowingly associate with other person s on parole or mandatory supervised release without prior writ ten permission of his or her parole agent; or (B) not knowingly associate with persons who are members of an organized gang as that term is defined in t he Illinois Streetgang Terrorism Omnibus Prevention Act;

(14) provide tru e and accurate information, as it r elates to his or her adjustment in the community while o n parole or mandatory supervised release or to his or her c onduct while incarcerated, in response to inquiries by h is or her parole agent or of the Department of Correctio ns; (15) fol low any specific instructions provided by t he parole agent that are consistent with furthering conditio ns set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention , to achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public. Th ese instructions by the parole agent may be modified at any time, as the agent deems appropriate; (16) if convicted of a sex offense as defined in su bsection (a-5) of Section 3-1-2 of th is Code, unless the offender is a parent or guardian of the person under 18 y ears of age present in the home and no non-familia l minors are present, not participate in a holiday event in volving children under 18 years of age, such as distrib uting candy or other items to children on Hallowee n, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Cla us, or wearing an Easter Bunny costume on or preceding Easter; (17) if convic ted of a violation of an order of pro tection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be pl aced under electronic surveillance as provided in Secti on 5-8A-7 of this Code; (18) comply with the terms and conditions of an ord er of protection issued pursuant to the Illinois Domestic Vi olence Act of 1986; an order of protection issued by th e court of another state, tribe, or United States territory ; a no contact order issued pursuant to the Civil No Contac t Order Act; or a no contact order issued pursuant to the S talking No Contact Order Act; (19) if convicted of a violation of the Methampheta mine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetami ne related offense, be: (A) prohibited from purchasing, possessing, o r having under his or her control any product containing ps eudoephedrine unless prescribed by a physician; and (B) prohibited from purchasing, possessing, o r having under his or her control any product containing am monium nitrate; (20) if convicted of a hate crime under Section 12-7.1 of the Criminal Code of 2012, perform public or community service of no less than 200 hours and enroll in an educat ional program discouraging hate crimes involving th e protected class identified in subsection (a) of Section 1 2-7.1 of the Criminal Code of 2012 that gave rise to the offense the offender committed ordered by the court; and (21) be evaluated by the Department of Corrections prior to release using a validated risk assessment and be subject to a corresponding level of supervision. In accor dance with the findings of that evaluation: (A) All subjects found to be at a moderate or high risk to recidivate, or on parole or mandatory supervised release for first degree murder, a forcible fe lony as defined in Section 2-8 of the Criminal Co de of 2012, any felony that requires registration as a sex o ffender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a viola tion of the Cannabis Control Act, the Illinois Contr olled Substances Act, or the Methamphetamine Control and Community Protection Act, shall be subject to high level supervision. The Department shall define hi gh level supervision based upon evidence-based an d research-based practices. Notwithstanding this plac ement on high level supervision, placement of the sub ject on electronic monitoring or detention shall not o ccur unless it is required by law or expressly order ed or approved by the Prisoner Review Board. (B) All subjects found to be at a low risk to recidivate shall be subject to low-level supervisio n, except for those subjects on parole or mandatory supervis ed release for first degree murder, a forcible fe lony as defined in Section 2-8 of the Criminal Co de of 2012, any felony that requires registration as a sex o ffender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a viola tion of the Cannabis Control Act, the Illinois Contr olled Substances Act, or the Methamphetamine Control and Community Protection Act. Low level supervisi on shall require the subject to check in with th e supervising officer via phone or other electronic mea ns. Notwithstanding this placement on low level superv ision, placement of the subject on electronic monit oring or detention shall not occur unless it is requ ired by law or expressly ordered or approved by the P risoner Review Board. (b) The Boa rd may after making an individualized assessme nt pursuant to subsection (a) of Section 3- 14-2 in addition to other conditions require that the subject: (1) work or pursue a course of study or vocational training; (2) undergo medical or psychiatric treatment, or tr eatment for drug addiction or alcoholism; (3) attend or reside in a facility established for the instruction or residence of persons on probation or parol e; (4) support h is or her dependents; (5) (blank); (6 ) (blank); (7 ) (blank); (7 .5) if convicted for an offense committed on or a fter the effective date of this amendatory Act of the 95 th General Assembly that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 , refrain from communicating with or contacting, by means o f the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.5), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the acc used if the person is: (i) the spouse, brother, or sis ter of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused; (7.6) if convicted for an offense committed on or a fter June 1, 2009 (the effective date of Public Act 95-983) that would qualify as a sex offense as defi ned in the Sex Offender Registration Act: (i) not access or use a computer or any other device with Internet capability without the prior written approval of the Department; (ii) submit to periodic unannounced examinati ons of the offender's computer or any other device with Inter net capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retri eval and copying of all data from the computer or de vice and any internal or external peripherals and remov al of such information, equipment, or device to cond uct a more thorough inspection; (iii) submit to the installation on the offen der's computer or device with Internet capability, at the offen der's expense, of one or more hardware or software s ystems to monitor the Internet use; and (iv) submit to any other appropriate restrict ions concerning the offender's use of or access to a computer or any other device with Internet capability imp osed by the Board, the Department or the offender's su pervising agent; and (8) (blank). (b-1) In addi tion to the conditions set forth in su bsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Co rrections, may be required by the Board to comply with the following specific conditions of release following an ind ividualized assessment pursuant to subsection (a) of S ection 3-14-2:

(1) reside only at a Department approved location;

(2) comply with all requirements of the Sex Offende r Registration Act; (3) notify third parties of the risks that may be o ccasioned by his or her criminal record; (4) obtain the approval of an agent of the Departme nt of Corrections prior to accepting employment or pursuing a course of study or vocational training and notify the Dep artment prior to any change in employment, study, or t raining; (5) not be e mployed or participate in any volunteer activity that involves contact with children, except unde r circumstances approved in advance and in writing by an ag ent of the Department of Corrections; (6) be electronically monitored for a minimum of 12 months from the date of release as determined by the Boar d; (7) refrain fr om entering into a designated geograp hic area except upon terms approved in advance by an agent of the Department of Corrections. The terms may include cons ideration of the purpose of the entry, the time of da y, and others accompanying the person; (8) refrain from having any contact, including writ ten or oral communications, directly or indirectly, personall y or by telephone, letter, or through a third party with ce rtain specified persons including, but not limited to, the victim or the victim's family without the prior writt en approval of an agent of the Department of Correct ions; (9) refra in from all contact, directly or indirectl y, personally, by telephone, letter, or through a third part y, with minor children without prior identification a nd approval of an agent of the Department of Corrections ; (10) neither possess or have under his or her contr ol any material that is sexually oriented, sexually stimulat ing, or that shows male or female sex organs or a ny pictures depicting children under 18 years of age nud e or any written or audio material describing sexual interc ourse or that depicts or alludes to sexual activity , including but not limited to visual, auditory, telephonic , or electronic media, or any matter obtained through acces s to any computer or material linked to computer access use ; (11) not patronize any business providing sexually stimulating or sexually oriented entertainment nor utiliz e "900" or adult telephone numbers;

(12) not reside near, visit, or be in or about park s, schools, child day care centers, swimming pools, beaches, theaters, or any other places where minor children congre gate without advance approval of an agent of the De partment of Corrections and immediately report any inci dental contact with minor children to the Department;

(13) not possess or have under his or her control c ertain specified items of contraband related to the inci dence of sexually offending as determined by an agent of the Department of Corrections;

(14) may be required to provide a written daily log of activities if directed by an agent of the Department of C orrections; (15) comp ly with all other special conditions that the Department may impose that restrict the person from high-risk situations and limit access to potential victims; (16) take an annual polygraph exam; (17) maintain a log of his or her travel; or

(18) obtain prior approval of his or her parole off icer before driving alone in a motor vehicle. (c) The conditions under which the parole or mandatory su pervised release is to be served shall be communicated to the person in writing prior to his or her release, and he or she shall sign the same before release. A signed copy of these conditions, including a copy of an order of protection wh ere one had been issued by the criminal court, shall be retai ned by the person and another copy forwarded to the officer in c harge of his or her supervision. (d) After a hearing under Section 3-3-9, the Prisoner Review Board may modify or enlarge the conditions of paro le or mandatory supervised release. (e) The Department shall inform all offenders committed t o the Department of the optional services available to them upon release and shall assist inmates in availing themselves o f such optional services upon their release on a voluntary basis. (f) (Blank). (Sou rce: P.A. 103-271, eff. 1-1-24; 103 -1071, eff. 7-1-25.) (730 ILCS 5/5-5-3.2) Sec. 5-5-3.2. Fa ctors in aggravation and extended-term sentencing. (a) The f ollowing factors shall be accorded weight in fav or of imposing a term of imprisonment or may be consid ered by the court as reasons to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V: (1) the defendant's conduct caused or threatened se rious harm; (2) the defendant received compensation for committ ing the offense; (3) the d efendant has a history of prior delinquenc y or criminal activity;

(4) the defendant, by the duties of his office or b y his position, was obliged to prevent the particular offen se committed or to bring the offenders committing it to justice; (5) the de fendant held public office at the time of the offense, and the offense related to the conduct of th at office; (6) the d efendant utilized his professional reputat ion or position in the community to commit the offense, or to afford him an easier means of committing it; (7) the sentence is necessary to deter others from committing the same crime; (8) the defendant committed the offense against a p erson 60 years of age or older or such person's property ; (9) the defendant committed the offense against a p erson who has a physical disability or such person's pro perty; (10) by reas on of another individual's actual or pe rceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or nat ional origin, the defendant committed the offense agai nst (i) the person or property of that individual; (i i) the person or property of a person who has an associ ation with, is married to, or has a friendship with the other individual; or (iii) the person or property of a relative (by blood or marriage) of a person described in clause (i) or (ii). For the purposes of this Section, "se xual orientation" has the meaning ascribed to it in pa ragraph (O-1) of Section 1-103 of the Illin ois Human Rights Act; (11) the o ffense took place in a place of worship o r on the grounds of a place of worship, immediately prior to, during or immediately following worship services. For pur poses of this subparagraph, "place of worship" shall m ean any church, synagogue or other building, structure o r place used primarily for religious worship; (12) the defendant was convicted of a felony commit ted while he was on pretrial release or his own recognizance pending trial for a prior felony and was convicted of suc h prior felony, or the defendant was convicted of a felony committed while he was serving a period of probation, con ditional discharge, or mandatory supervised release un der subsection (d) of Section 5-8-1 for a p rior felony; (13) the defendant committed or attempted to commit a felony while he was wearing a bulletproof vest. For the p urposes of this paragraph (13), a bulletproof vest is an y device which is designed for the purpose of protecting th e wearer from bullets, shot or other lethal projectiles; (14) the defendant held a position of trust or supe rvision such as, but not limited to, family member as defined in Section 11-0.1 of the Criminal Code of 2 012, teacher, scout leader, baby sitter, or child day care worker, in relation to a victim under 18 years of age, an d the defendant committed an offense in violation of Sectio n 11-1.20, 11-1.30, 11-1.40, 11-1.5 0, 11-1.60, 11-6, 11-11, 11-14.4 except for an offense that involves keeping a place of commercial sexual exploitation of a child, 11-15.1, 11-19.1, 11-19.2, 11-20. 1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 1 2-16 of the Criminal Code of 1961 or the Criminal Code of 2012 against that victim;

(15) the defendant committed an offense related to the activities of an organized gang. For the purposes of this factor, "organized gang" has the meaning ascribed to it i n Section 10 of the Streetgang Terrorism Omnibus Prevention Act; (16) the defendan t committed an offense in violatio n of one of the following Sections while in a school, regar dless of the time of day or time of year; on any con veyance owned, leased, or contracted by a school to tr ansport students to or from school or a school related activity; on the real property of a school; or on a publi c way within 1,000 feet of the real property comprising any school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14. 4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012; (16.5) the defendant committed an offense in violat ion of one of the following Sections while in a chil d day care center, regardless of the time of day or time of year; on the real property of a child day care center, regardless of the time of day or time of year; or on a public way wi thin 1,000 feet of the real property comprising any child day care center, regardless of the time of day or time of year: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14. 4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012; (17) the defendant committed the offense by reason of any person's activity as a community policing volunteer o r to prevent any person from engaging in activity as a comm unity policing volunteer. For the purpose of this Sec tion, "community policing volunteer" has the meaning a scribed to it in Section 2-3.5 of the Criminal Cod e of 2012; (18) the defenda nt committed the offense in a nursi ng home or on the real property comprising a nursing home. F or the purposes of this paragraph (18), "nursing home" m eans a skilled nursing or intermediate long term care fa cility that is subject to license by the Illinois Depar tment of Public Health under the Nursing Home Care A ct, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act; (19) the defendant was a federally licensed firearm dealer and was previously convicted of a violation of sub section (a) of Section 3 of the Firearm Owners Identif ication Card Act and has now committed either a fe lony violation of the Firearm Owners Identification Car d Act or an act of armed violence while armed with a firear m; (20) the defendant (i) committed the offense of rec kless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or the offense of dr iving under the influence of alcohol, other drug or dru gs, intoxicating compound or compounds or any combinat ion thereof under Section 11-501 of the Ill inois Vehicle Code or a similar provision of a local ordinance and (ii) was operating a motor vehicle in excess of 20 mi les per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code; (21) the defendant (i) committed the offense of rec kless driving or aggravated reckless driving under Sec tion 11-503 of the Illinois Vehicle Code and (ii ) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code; (22) the defendant committed the offense against a person that the defendant knew, or reasonably should have known, was a member of the Armed Forces of the United Sta tes serving on active duty. For purposes of this claus e (22), the term "Armed Forces" means any of the Armed Forc es of the United States, including a member of any re serve component thereof or National Guard unit called t o active duty; (23) the defendant committed the offense against a person who was elderly or infirm or who was a person with a disability by taking advantage of a family or fiduciary r elationship with the elderly or infirm person or person with a disability; (2 4) the defendant committed any offense under Sect ion 11-20.1 of the Criminal Code of 1961 or the Crimina l Code of 2012 and possessed 100 or more images; (25) the defendant committed the offense while the defendant or the victim was in a train, bus, or other veh icle used for public transportation; (26) the defendant committed the offense of child s exual abuse material or aggravated child pornography, sp ecifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 where a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subj ect to sadistic, masochistic, or sadomasochistic abus e in a sexual context and specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Sect ion 11-20.1B or Section 11-20.3 of the Cr iminal Code of 1961 where a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, f ettered, or subject to sadistic, masochistic, or sadomas ochistic abuse in a sexual context; (26.5) the defendant committed the offense of obsce ne depiction of a purported child, specifically including pa ragraph (2) of subsection (b) of Section 11-20.4 of the Criminal Code of 2012 if a child engaged in, solicited fo r, depicted in, or posed in any act of sexual penetrati on or bound, fettered, or subject to sadistic, m asochistic, or sadomasochistic abuse in a sexual context ; (27) the defendant committed the offense of first d egree murder, assault, aggravated assault, battery, aggr avated battery, robbery, armed robbery, or aggravated robbery against a person who was a veteran and the defend ant knew, or reasonably should have known, that the person was a veteran performing duties as a representativ e of a veterans' organization. For the purposes of this par agraph (27), "veteran" means an Illinois resident who has served as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of the United States Reserve Forces; and "veterans' organization " means an organization comprised of members of which subst antially all are individuals who are veterans or spo uses, widows, or widowers of veterans, the primary pur pose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit; (28) the defendant committed the offense of assault , aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person tha t the defendant knew or reasonably should have known was a letter carrier or postal worker while that person was per forming his or her duties delivering mail for the Unit ed States Postal Service; (29) the defendant committed the offense of crimina l sexual assault, aggravated criminal sexual assault, crimi nal sexual abuse, or aggravated criminal sexual abus e against a victim with an intellectual disability, and the defendant holds a position of trust, authority, or superv ision in relation to the victim; (30) the defendant committed the offense of promoti ng commercial sexual exploitation of a child, patronizing a person engaged in the sex trade, or patronizing a sexuall y exploited child and at the time of the commission of the offense knew that the person engaged in the sex trade or sexually exploited child was in the custody or guardiansh ip of the Department of Children and Family Ser vices; (31) the def endant (i) committed the offense of dri ving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combi nation thereof in violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local o rdinance and (ii) the defendant during the commission of the offense was driving his or her vehicle upon a roadway designated for one-way traffic in the opposite dire ction of the direction indicated by official traffic control de vices; (32) the def endant committed the offense of reckles s homicide while committing a violation of Section 11-907 of the Illinois Vehicle Code;

(33) the defendant was found guilty of an administr ative infraction related to an act or acts of pu blic indecency or sexual misconduct in the penal instit ution. In this paragraph (33), "penal institution" has the same meaning as in Section 2-14 of the Crim inal Code of 2012; or (34) the defendant committed the offense of leaving the scene of a crash in violation of subsection (b) of Se ction 11-401 of the Illinois Vehicle Code and the crash resulted in the death of a person and at the time of the offense, the defendant was: (i) driving under the influen ce of alcohol, other drug or drugs, intoxicating c ompound or compounds or any combination thereof as defin ed by Section 11-501 of the Illinois Vehicle C ode; or (ii) operating the motor vehicle while using an electroni c communication device as defined in Section 12-610.2 of the Illinois Vehicle Code. For the purpose s of this Section: "Scho ol" is defined as a public or private elementary or secondary school, community college, college, or universi ty. "Child Day car e center" means a public or private State certified and licensed child day care center as defined in Section 2.09 of the Child Care Act of 1969 that displays a sign in plain view stating that the property is a chi ld day care center. "Intellectual disability" means significantly subaverage intellectual functioning which exists concurrently with i mpairment in adaptive behavior. "Publ ic transportation" means the transportation or conve yance of persons by means available to the general p ublic, and includes paratransit services. "Traffic control devices" means all signs, signals, marki ngs, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by aut hority of a public body or official having jurisdictio n, for the purpose of regulating, warning, or guiding traffi c. (b) The following factors, related to all felonies, may b e considered by the court as reasons to impose an extended term sentence under Section 5-8-2 upon any offende r: (1) When a defendant is convicted of any felony, af ter having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or great er class felony, when such conviction has occurred w ithin 10 years after the previous conviction, excluding time spent in custody, and such charges are separately br ought and tried and arise out of different series of ac ts; or (2) When a de fendant is convicted of any felony and the court finds that the offense was accompanied by excep tionally brutal or heinous behavior indicative of wa nton cruelty; or (3) When a defendant is convicted of any felony com mitted against: (i) a person under 12 years of age at the tim e of the offense or such person's property; (ii) a person 60 years of age or older at the time of the offense or such person's property; or (iii) a person who had a physical disability at the time of the offense or such person's property; or (4) When a defendant is convicted of any felony and the offense involved any of the following types of specif ic misconduct committed as part of a ceremony, rite , initiation, observance, performance, practice or activity of any actual or ostensible religious, fraternal, or soci al group: (i ) the brutalizing or torturing of humans or animals; (ii) th e theft of human corpses; (iii) the kidnapping of humans; (iv) the desecration of any cemetery, religio us, fraternal, business, governmental, educational, or other building or property; or (v) ritualized abuse of a child; or (5) When a defendant is convicted of a felony other than conspiracy and the court finds that the felony was c ommitted under an agreement with 2 or more other persons to commit that offense and the defendant, with respect to the other individuals, occupied a position of organizer, supervisor, financier, or any other position of managemen t or leadership, and the court further finds that the felon y committed was related to or in furtherance of the crimina l activities of an organized gang or was motivated by the d efendant's leadership in an organized gang; or (6) When a defendant is convicted of an offense com mitted while using a firearm with a laser sight attach ed to it. For purposes of this paragraph, "laser si ght" has the meaning ascribed to it in Section 26-7 of the Criminal Code of 2012; or (7) When a defendant who was at least 17 years of a ge at the time of the commission of the offense is convicted of a felony and has been previously adjudicated a delinqu ent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a Class X o r Class 1 felony when the conviction has occurred within 10 years after the previous adjudication, excluding time spe nt in custody; or ( 8) When a defendant commits any felony and the def endant used, possessed, exercised control over, or oth erwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official d uties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged; or (9) When a defendant commits any felony and the def endant knowingly video or audio records the offense wi th the intent to disseminate the recording. (c) The following factors may be considered by the court as reasons to impose an extended term sentence under Sect ion 5-8-2 upon any offender for the listed offens es: (1) When a defendant is convicted of first degree m urder, after having been previously convicted in Illinoi s of any offense listed under paragraph (c)(2) of Section 5 -5-3, when that conviction has occurred with in 10 years after the previous conviction, excluding time spent in cu stody, and the charges are separately brought and tried and arise out of different series of acts. (1.5) When a defendant is convicted of first degree murder, after having been previously convicted of domesti c battery or aggravated domestic battery committed on the s ame victim or after having been previously convicted of violation of an order of protection in which the same vic tim was the protected person.

(2) When a defendant is convicted of voluntary mans laughter, second degree murder, involuntary manslaugh ter, or reckless homicide in which the defendant has been convicted of causing the death of more than one individual. (3) When a defendant is convicted of aggravated cri minal sexual assault or criminal sexual assault, when there is a finding that aggravated criminal sexual assaul t or criminal sexual assault was also committed on the same victim by one or more other individuals, and the defendan t voluntarily participated in the crime with the knowledge of the participation of the others in the crime, and the commission of the crime was part of a single course of co nduct during which there was no substantial change in t he nature of the criminal objective. (4) If the victim was under 18 years of age at the time of the commission of the offense, when a defendant is con victed of aggravated criminal sexual assault or predat ory criminal sexual assault of a child under subsec tion (a)(1) of Section 11-1.40 or subsection (a)(1) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012. (5) When a defendant is convicted of a felony viola tion of Section 24-1 of the Criminal Code of 1 961 or the Criminal Code of 2012 and there is a finding that the defendant is a member of an organized gang. (6) When a defendant was convicted of unlawful poss ession of weapons under Section 24-1 of the Cri minal Code of 1961 or the Criminal Code of 2012 for possessing a weapon that is not readily distinguishable as one of the weapons enumerated in Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012. (7) When a defendant is convicted of an offense inv olving the illegal manufacture of a controlled substan ce under Section 401 of the Illinois Controlled Su bstances Act, the illegal manufacture of methamphetamin e under Section 25 of the Methamphetamine Control and Commu nity Protection Act, or the illegal possession of ex plosives and an emergency response officer in the perfo rmance of his or her duties is killed or injured at the scene of the offense while responding to the emergenc y caused by the commission of the offense. In this paragrap h, "emergency" means a situation in which a perso n's life, health, or safety is in jeopardy; and "eme rgency response officer" means a peace officer, commu nity policing volunteer, fireman, emergency medical technician-ambulance, emergency medical technician-intermediate, emergency medical technici an-paramedic, ambulance driver, other medic al assistance or first aid personnel, or hospital emergency room personnel. (8) W hen the defendant is convicted of attempted mo b action, solicitation to commit mob action, or conspiracy to commit mob action under Section 8-1, 8-2, or 8-4 of the Criminal Code of 2012, where the criminal object is a vio lation of Section 25-1 of the Criminal Code of 2 012, and an electronic communication is used in the commission of the offense. For the purposes of this paragraph (8), " electronic communication" shall have the meaning provide d in Section 26.5-0.1 of the Criminal Code of 2012. (d) For the purposes of this Section, "organized gang" ha s the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(e) The court may impose an extended term sentence under Article 4.5 of Chapter V upon an offender who has been co nvicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim of the offense is under 18 years of age a t the time of the commission of the offense and, during the com mission of the offense, the victim was under the influ ence of alcohol, regardless of whether or not the alcohol was supplied by the offender; and the offender, at the time o f the commission of the offense, knew or should have known that the victim had consumed alcohol. (Source: P.A. 103-822, eff. 1-1-25; 103 -825, eff. 1-1-25; 103-1071, eff. 7-1-25; 104-245, e ff. 1-1-26; 104-417, eff. 8-15-25; revised 9-17-25.) Section 300. The Stalking No Contact O rder Act is amended by changing Sections 80 and 115 as follows: (740 ILCS 21/80) Sec. 80. Stalking no contact orders; remedies. (a) If the court finds that the petitioner has been a vic tim of stalking, a stalking no contact order shall iss ue; provided that the petitioner must also satisfy the requir ements of Section 95 on emergency orders or Section 100 on plenary orders. The petitioner shall not be denied a s talking no contact order because the petitioner or the r espondent is a minor. The court, when determining whethe r or not to issue a stalking no contact order, may not require physical injury on the person of the petitioner. Modifica tion and extension of prior stalking no contact orders shall b e in accordance with this Act. (b) A stalkin g no contact order shall order one or more o f the following: (1) pro hibit the respondent from threatening to com mit or committing stalking; (2) order the respondent not to have any contact wi th the petitioner or a third person specifically named by th e court; (3) prohibit th e respondent from knowingly coming w ithin, or knowingly remaining within a specified distanc e of the petitioner or the petitioner's residence, school, child care daycare, or place of employment, or any specified place frequented by the petitioner; however, th e court may order the respondent to stay away from the resp ondent's own residence, school, or place of employmen t only if the respondent has been provided actual notice of the opportunity to appear and be heard on the petition; (4) prohibit the respondent from possessing a Firea rm Owners Identification Card, or possessing or buying firea rms; (5) prohibit the respondent from using any electron ic tracking system or acquiring tracking information to dete rmine the petitioner's location, movement, or travel pattern; and (6) orde r other injunctive relief the court determi nes to be necessary to protect the petitioner or third party specifically named by the court. (b-5) When the petitioner and the respondent attend the same public, private, or non-public elementary, mid dle, or high school, the court when issuing a stalking no contact order and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respondent under federal and State law, th e availability of a transfer of the respondent to another s chool, a change of placement or a change of program of t he respondent, the expense, difficulty, and educational disr uption that would be caused by a transfer of the resp ondent to another school, and any other relevant fact s of the case. The court may order that the respondent not att end the public, private, or non-public elementary, midd le, or high school attended by the petitioner, order that the respond ent accept a change of placement or program, as determined by the school district or private or non-public school, or place restrictions on the respondent's movements within the sch ool attended by the petitioner. The respondent bears the burd en of proving by a preponderance of the evidence that a transfe r, change of placement, or change of program of the responde nt is not available. The respondent also bears the burden of pr oduction with respect to the expense, difficulty, and e ducational disruption that would be caused by a transfer of the respondent to another school. A transfer, change of p lacement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non- public school's transfer, change of placement, or change of prog ram or solely on the ground that the respondent fails or refu ses to consent to or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program. When a court orders a respondent to stay away fr om the public, private, or non-public school attended by t he petitioner and the respondent requests a transfer to anot her attendance center within the respondent's school district or private or non-public school, the school district o r private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transfer red. In the event the court order results in a transfer of the minor respondent to another attendance center, a change in the respondent's placement, or a change of the respondent's p rogram, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other co sts associated with the transfer or change. (b-6) The court may order the parents, guardian, or legal custodian of a minor respondent to take certain actions o r to refrain from taking certain actions to ensure that the re spondent complies with the order. In the event the cour t orders a transfer of the respondent to another school, th e parents, guardian, or legal custodian of the respondent a re responsible for transportation and other costs associated with the change of school by the respondent. (b-7) The court shall not hold a school district or private or non-public school or any of its employee s in civil or criminal contempt unless the school district or privat e or non-public school has been allowed to intervene. (b-8) The court may hold the parents, guardian, or legal custodian of a minor respondent in civil or criminal cont empt for a violation of any provision of any order entered und er this Act for conduct of the minor respondent in violation of this Act if the parents, guardian, or legal custodian dir ected, encouraged, or assisted the respondent minor in such conduct. (c) The court may award the p etitioner costs and attorney s fees if a stalking no contact order is granted. (d) Monetary damages are not recoverable as a remedy. (e) If the stalking no contact order prohibits the respon dent from possessing a Firearm Owner's Identificati on Card, or possessing or buying firearms; the court shall c onfiscate the respondent's Firearm Owner's Identificatio n Card and immediately return the card to the Illinois Stat e Police Firearm Owner's Identification Card Office. (Source: P.A. 102-538, eff. 8-20-21; 10 3-760, eff. 1-1-25.) (740 ILCS 21/115) Sec. 115. Notice of orders. (a) Upon issuance of any stalking no contact order, the c lerk shall immediately: (1) enter the order on the record and file it in ac cordance with the circuit court procedures; and (2) provide a file stamped copy of the order to the respondent, if present, and to the petitioner. (b) The clerk of the issuing judge shall, or the petition er may, on the same day that a stalking no contac t order is issued, file a certified copy of that order with the sheriff or other law enforcement officials charged with m aintaining Illinois State Police records or charged with serving the order upon the respondent. If the respondent, at the time of the issuance of the order, is committed to th e custody of the Illinois Department of Corrections or Illi nois Department of Juvenile Justice or is on parole, aftercare release, or mandatory supervised release, the sheriff or other law enforcement officials charged with maintaining Illino is State Police records shall notify the Department of Corre ctions or Department of Juvenile Justice within 48 h ours of receipt of a copy of the stalking no contact order fro m the clerk of the issuing judge or the petitioner. Such notice shall include the name of the respondent, the respondent' s IDOC inmate number or IDJJ youth identification number, t he respondent's date of birth, and the LEADS Record Index Nu mber. (c) Unless the respondent was present in court when the o rder was issued, the sheriff, other law enforcement offi cial, or special process server shall promptly serve that order upon the respondent and file proof of such service in the mann er provided for service of process in civil proceedings. Ins tead of serving the order upon the respondent, however, the sh eriff, other law enforcement official, special process server, or other persons defined in Section 117 may serve the respondent with a short form notification as provided in Section 117. If process has not yet been served upon the respondent, it shall be served with the order or short fo rm notification if such service is made by the sheriff, othe r law enforcement official, or special process server. (d) If the person against whom the stalking no contact or der is issued is arrested and the written order is issu ed in accordance with subsection (c) of Section 95 and received by the custodial law enforcement agency before the responden t or arrestee is released from custody, the custodial law enfo rcement agent shall promptly serve the order upon the respondent or arrestee before the respondent or arrestee is released from custody. In no event shall detention of the respondent or arrestee be extended for hearing on the pet ition for stalking no contact order or receipt of the order iss ued under Section 95 of this Act. (e) Any o rder extending, modifying, or revoking any stalk ing no contact order shall be promptly recorded, iss ued, and served as provided in this Section. (f) Upon the request of the petitioner, within 24 hours o f the issuance of a stalking no contact order, the clerk of the issuing judge shall send written notice of the order alon g with a certified copy of the order to any school, child care daycare, college, or university at which the petitioner is enrolled.(Source: P.A. 101-508, eff. 1-1-20; 102 -538, eff. 8-20-21.) Section 305. The Civil No Contact Orde r Act is amended by changing Section 213 as follows: (740 ILCS 22/213) Sec. 213. Civil no contact o rder; remedies. (a) If the court finds that the petitioner has been a vic tim of non-consensual sexual conduct or non-consensual sexual penetration, a civil no contact order shall issue; provided that the petitioner must also satisfy the requir ements of Section 214 on emergency orders or Sectio n 215 on plenary orders. The petitioner shall not be denied a c ivil no contact order because the petitioner or the respondent is a minor. The court, when determining whether or not to issu e a civil no contact order, may not require physical injury o n the person of the victim. Modification and extension of prior civil no contact orders shall be in accordance with this Act. (a-5) (Blank). (b) (Blank). (b-5) The court may provide relief as follows: (1) prohibit the respondent from knowingly coming w ithin, or knowingly remaining within, a specified distan ce from the petitioner; (2) restrain the respondent from having any contact , including nonphysical contact and electronic communicatio n as defined in Section 26.5-0.1 of the Criminal Code of 2012, with the petitioner directly, indirectly, or throug h third parties, regardless of whether those third parties know of the order; (3) prohibit the respondent from knowingly coming w ithin, or knowingly remaining within, a specified distan ce from the petitioner's residence, school, child day care or other specified location;

(4) order the respondent to stay away from any prop erty or animal owned, possessed, leased, kept, or hel d by the petitioner and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherw ise disposing of the property or animal; and

(5) order any other injunctive relief as necessary or appropriate for the protection of the petitioner.

(b-6) When the petitioner and the respondent attend the same public or private elementary, middle, or high school , the court when issuing a civil no contact order and providing relief shall consider the severity of the act, any contin uing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respo ndent under federal and State law, the availability of a transf er of the respondent to another school, a change of placement o r a change of program of the respondent, the expense, difficu lty, and educational disruption that would be caused by a tran sfer of the respondent to another school, and any other releva nt facts of the case. The court may order that the responden t not attend the public, private, or non-public elementar y, middle, or high school attended by the petitioner, order that the respondent accept a change of placement or program, as de termined by the school district or private or non-public school, or place restrictions on the respondent's movemen ts within the school attended by the petitioner. The respond ent bears the burden of proving by a preponderance of the evi dence that a transfer, change of placement, or change of progra m of the respondent is not available. The respondent also bear s the burden of production with respect to the expense, difficu lty, and educational disruption that would be caused by a tran sfer of the respondent to another school. A transfer, change o f placement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non- public school's transfer, change of placement, or change of prog ram or solely on the ground that the respondent fails or refu ses to consent to or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program. When a court orders a respondent to stay away fr om the public, private, or non-public school attended by t he petitioner and the respondent requests a transfer to anot her attendance center within the respondent's school district or private or non-public school, the school district o r private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transfer red. In the event the court order results in a transfer of the minor respondent to another attendance center, a change in the respondent's placement, or a change of the respondent's p rogram, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other co sts associated with the transfer or change. (b-7) The court may order the parents, guardian, or legal custodian of a minor respondent to take certain actions o r to refrain from taking certain actions to ensure that the re spondent complies with the order. In the event the cour t orders a transfer of the respondent to another school, th e parents or legal guardians of the respondent are responsi ble for transportation and other costs associated with the ch ange of school by the respondent. (c) Denia l of a remedy may not be based, in whole or in p art, on evidence that: (1) the respondent has cause for any use of force, unless that cause satisfies the standards for justifiable use of force provided by Article 7 of the Criminal Code o f 2012; (2) the responde nt was voluntarily intoxicated; (3) the petitioner acted in self-defense or d efense of another, provided that, if the petitioner utilized force, such force was justifiable under Article 7 of the Crimina l Code of 2012; (4) the petitioner did not act in self-defens e or defense of another; (5 ) the petitioner left the residence or household to avoid further non-consensual sexual conduct or non-consensual sexual penetration by the respondent ; or (6) the petitioner did not leave the residence or h ousehold to avoid further non-consensual sexual co nduct or non-consensual sexual penetration by the respond ent. (d) Monetary damages are not recoverable as a remedy.(Source: P.A. 101-255, eff. 1-1-20; 102 -220, eff. 1-1-22; 102-831, eff. 5-13-22.) Section 310. The Illinois Parentage Ac t of 2015 is amended by changing Section 106 as follows: (750 ILCS 46/106) Sec. 106. Protection of part icipants. Proceedings under this Act are subject to other law of this State governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of iden tifying information, including address, telephone num ber, place of employment, social security number, and the chil d's child care day-care facility and school.(Source: P.A. 99-85, eff. 1-1-16.) Section 315. The Illinois Domestic Vio lence Act of 1986 is amended by changing Sections 203 and 222 as follows: (750 ILCS 60/203) (from Ch. 40, par.

2312-3) Sec. 203. Pleading; n on-disclosure of address; non-disclosure of schools. (a) A petition for an order of protection shall be in wri ting and verified or accompanied by affidavit and shal l allege that petitioner has been abused by respondent, who is a family or household member. The petition shall further se t forth whether there is any other pending action between t he parties. During the pendency of this proceeding, each par ty has a continuing duty to inform the court of any subseque nt proceeding for an order of protection in this or any othe r state. (b) If the petition states that disclosure of petitioner' s address would risk abuse of petitioner or any member of p etitioner's family or household or reveal the confidenti al address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court. If disclosure is necessary to determine jurisdicti on or consider any venue issue, it shall be made orally and in camera. If petitioner has not disclosed an address under this subsection, petitioner shall designate an alternative add ress at which respondent may serve notice of any motions. (c) If the petitioner is seeking to have a child protecte d by the order of protection, and if that child is enrolled in any child care day-c are facility, pre-school, pre-kindergarten, private school, public school dis trict, college, or university, the petitioner may provide the na me and address of the child care day-care facility, pre-school, pre-kindergarten, private school, public school dis trict, college, or university to the court. However, if the peti tion states that disclosure of this information would risk abu se to petitioner or to the child protected under the order, thi s information may be omitted from all documents filed with the court.(Source: P.A. 92-90, eff. 7-18-01.) (750 ILCS 60/222) (from Ch. 40, par.

2312-22) Sec. 222. Notice of orders.

(a) Entry and issuance. Upon issuance of any order of pro tection, the clerk shall immediately (i) enter the ord er on the record and file it in accordance with the circuit cou rt procedures and (ii) provide a file stamped copy of the or der to respondent, if present, and to petitioner. (b) Filing with sheriff or other law enforcement official s. The clerk of the issuing judge shall, or the p etitioner may, on the same day that an order of protecti on is issued, file a certified copy of that order with the sher iff or other law enforcement officials charged with maintaining Illinois State Police records or charged with serving the order upon respondent or executing any search warrant iss ued under paragraph (14.5) of subsection (b) of Section 214 o f this Act. If a search warrant is issued under paragraph ( 14.5) of subsection (b) of Section 214 of this Act, the clerk o f the issuing judge shall, or the petitioner may, on the same d ay that the warrant is issued, transmit the warrant to the l aw enforcement agency to which the warrant is directed. If t he respondent, at the time of the issuance of the order, is committed to the custody of the Illinois Department of Co rrections or Illinois Department of Juvenile Justice or is on parole, aftercare release, or mandatory supervised rel ease, the sheriff or other law enforcement officials charged wi th maintaining Illinois State Police records shall notify th e Department of Corrections or Department of Juvenile Justi ce within 48 hours of receipt of a copy of the order of prot ection from the clerk of the issuing judge or the petitioner. Su ch notice shall include the name of the respondent, the resp ondent's IDOC inmate number or IDJJ youth identificat ion number, the respondent's date of birth, and the LEADS Rec ord Index Number. (c) Service by sheriff. U nless respondent was present in court when the order was issued, the sheriff, other law e nforcement official or special process server shall prom ptly serve that order upon respondent and file proof of such s ervice, in the manner provided for service of process in civil proceedings. Instead of serving the order upon the respondent, however, the sheriff, other law enforcement o fficial, special process server, or other persons define d in Section 222.10 may serve the respondent with a short form notification as provided in Section 222.10. If process ha s not yet been served upon the respondent, it shall be served w ith the order or short form notification if such service is m ade by the sheriff, other law enforcement official, or special p rocess server. A single fee may be charged for service o f an order obtained in civil court, or for service of such an order together with process, unless waived or deferred under Se ction 210. (c-5) If the person against whom the order of prote ction is issued is arrested and the written order is issued in accordance with subsection (c) of Section 217 and receive d by the custodial law enforcement agency before the responden t or arrestee is released from custody, the custodial law enfo rcement agent shall promptly serve the order upon the respondent or arrestee before the respondent or arrestee is released from custody. In no event shall detention of the respondent or arrestee be extended for hearing on the pet ition for order of protection or receipt of the order issued un der Section 217 of this Act. (d) Extensions , modifications and revocations. Any order extending, modifying or revoking any order of protection shall be promptly recorded, issued and served as provided in th is Section. (e) Notice to schools. Upon th e request of the petitioner , within 24 hours of the issuance of an order of protection , the clerk of the issuing judge shall send a certified copy of the order of protection to the child care day-care facility, pre-school or pre-kindergarten, or private sc hool or the principal office of the public school district or any col lege or university in which any child who is a protected perso n under the order of protection or any child of the petitio ner is enrolled as requested by the petitioner at the mailing ad dress provided by the petitioner. If the child transfers enroll ment to another child care day-care facility, pre-school, pre-kindergarten, private school, public school, co llege, or university, the petitioner may, within 24 hours of the tr ansfer, send to the clerk written notice of the transfe r, including the name and address of the institution to whic h the child is transferring. Within 24 hours of receipt of noti ce from the petitioner that a child is transferring to anoth er child care day-care facility, pre-school, pre-kindergarten, private school, public school, college, or university, th e clerk shall send a certified copy of the order to the ins titution to which the child is transferring. (f) Disclosure by schools. After receiving a certified co py of an order of protection that prohibits a responden t's access to records, neither a child care day-care facility, pre-school, pre-kindergarten, public or priva te school, college, or university nor its employees shall allow a re spondent access to a protected child's records or relea se information in those records to the respondent. The schoo l shall file the copy of the order of protection in the rec ords of a child who is a protected person under the order of p rotection. When a child who is a protected person under the order of protection transfers to another child c are day-care facility, pre-school, pre-kindergarten, publi c or private school, college, or university, the institution from whic h the child is transferring may, at the request of the petition er, provide, within 24 hours of the transfer, written notice of the order of protection, along with a certified copy of t he order, to the institution to which the child is transferr ing. (g) Notice to health care facilities and health care prac titioners. Upon the request of the petitioner, the cl erk of the circuit court shall send a certified copy of the o rder of protection to any specified health care facility or he alth care practitioner requested by the petitioner at the mail ing address provided by the petitioner. (h ) Disclosure by health care facilities and health care practitioners. After receiving a certified copy of an ord er of protection that prohibits a respondent's access to record s, no health care facility or health care practitioner shall al low a respondent access to the records of any child who is a pr otected person under the order of protection, or releas e information in those records to the respondent, unless th e order has expired or the respondent shows a certified cop y of the court order vacating the corresponding order of prote ction that was sent to the health care facility or practitioner . Nothing in this Section shall be construed to require hea lth care facilities or health care practitioners to alter pro cedures related to billing and payment. The health car e facility or health care practitioner may file the copy of the order of protection in the records of a child who is a pr otected person under the order of protection, or may em ploy any other method to identify the records to which a respo ndent is prohibited access. No health care facility or health c are practitioner shall be civilly or professionally liable fo r reliance on a copy of an order of protection, except for willful and wanton misconduct. (Source: P. A. 102-538, eff. 8-20-21; 10 3-1065, eff. 5-11-25.) Section 320. The Illinois Human Rights Act is amended by changing Section 5-101 as follows: (775 ILCS 5/5-101) (from Ch. 68

, par. 5-101) Sec. 5-101. Definition s. The following definitions are applicable strictly in the context of this Article: (A) Place of Public Accommodation. "Place of public accom modation" includes, but is not limited to: (1) an inn, hotel, motel, or other place of lodging , except for an establishment located within a building tha t contains not more than 5 units for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; (2) a restaurant, bar, or other establishment servi ng food or drink; (3) a m otion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; (4) an auditorium, convention center, lecture hall, or other place of public gathering; (5) a bakery, grocery store, clothing store, hardwa re store, shopping center, or other sales or rental establis hment; (6) a l aundromat, dry-cleaner, bank, barber s hop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, p harmacy, insurance office, professional office of a heal th care provider, hospital, or other service establis hment; (7) pub lic conveyances on air, water, or land; (8) a terminal, depot, or other station used for sp ecified public transportation; (9) a museum, library, gallery, or other place of p ublic display or collection; (10) a park, zoo, amusement park, or other place of recreation; (11) a non -sectarian nursery, child day care center, elementary, secondary, undergraduate, or postgraduate sch ool, or other place of education; (12) a senior citizen center, homeless shelter, foo d bank, non-sectarian adoption agency, or other socia l service center establishment; and

(13) a gymnasium, health spa, bowling alley, golf c ourse, or other place of exercise or recreation.

(B) Operator. "Operator" means any owner, lessee, proprie tor, manager, superintendent, agent, or occupant o f a place of public accommodation or an employee of any such person or persons. (C) Public Official. "Public official" means any officer or employee of the state or any agency thereof, including state political subdivisions, municipal corporations, par k districts, forest preserve districts, educational institu tions, and schools.(Source: P.A. 10 0-863, eff. 8-14-18.) Section 325. The Minimum Wage Law is a mended by changing Section 3 as follows: (820 ILCS 105/3) (from Ch. 48, par. 1

003) Sec. 3. As used in th is Act: (a) "Director" means the Director of the Department of La bor, and "Department" means the Department of Labor. (b) "Wages" means compensation due to an employee by reas on of his employment, including allowances determined by the Director in accordance with the provisions of this Ac t for gratuities and, when furnished by the employer, for meals and lodging actually used by the employee.

(c) "Employer" includes any individual, partnership, asso ciation, corporation, limited liability company, busi ness trust, governmental or quasi-governmental body, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, for w hich one or more persons are gainfully employed on some day wi thin a calendar year. An employer is subject to this Act in a ca lendar year on and after the first day in such calendar year in which he employs one or more persons, and for the following cal endar year. (d) "Employee" includes any indiv idual permitted to work by an employer in an occupation, and includes, notwithsta nding subdivision (1) of this subsection (d), one or more domes tic workers as defined in Section 10 of the Domestic Workers' Bill of Rights Act, but does not include any individual permit ted to work: (1) For an em ployer employing fewer than 4 employee s exclusive of the employer's parent, spouse or child or ot her members of his immediate family. (2) As an employee employed in agriculture or aquac ulture (A) if such employee is employed by an employ er who did not, during any calendar quarter during the preceding calendar year, use more than 500 man- days of agricultural or aquacultural labor, (B) if such employee is the parent, spouse or child, or other member of the em ployer's immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customa rily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) c ommutes daily from his permanent residence to the farm o n which he is so employed, and (iii) has been employed in a griculture less than 13 weeks during the preceding calen dar year, (D) if such employee (other than an employ ee described in clause (C) of this subparagraph): ( i) is 16 years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an oper ation which has been, and is customarily and generall y recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same fa rm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as emplo yees over 16 are paid on the same farm. (3) (Blank). (4) As an outside salesman.

(5) As a member of a religious corporation or organ ization. (6) At a n accredited Illinois college or university employed by the college or university at which he is a st udent who is covered under the provisions of the Fair L abor Standards Act of 1938, as heretofore or hereafter a mended. (7) For a mot or carrier and with respect to whom th e U.S. Secretary of Transportation has the power to establi sh qualifications and maximum hours of service und er the provisions of Title 49 U.S.C. or the State of I llinois under Section 18b-105 (Title 92 of the Ill inois Administrative Code, Part 395 - Hours of Service of Drivers) of the Illinois Vehicle Code. (8) As an employee employed as a player who is 28 y ears old or younger, a manager, a coach, or an athletic traine r by a minor league professional baseball team not affiliat ed with a major league baseball club, if (A) the minor league professional baseball team does not operate for more than 7 months in any calendar year or (B) during the preceding calendar year, the minor league professiona l baseball team's average receipts for any 6-month pe riod of the year were not more than 33 1/3% of its average receip ts for the other 6 months of the year. Th e above exclusions from the term "employee" may be furt her defined by regulations of the Director. (e) "Occupation" means an industry, trade, business or cl ass of work in which employees are gainfully employed. (f) "Gratuities" means voluntary monetary contributions t o an employee from a guest, patron or customer in connectio n with services rendered. (g) "Outside sa lesman" means an employee regularly engage d in making sales or obtaining orders or contracts for serv ices where a major portion of such duties are performed away f rom his employer's place of business. (h) " Day camp" means a seasonal recreation program in ope ration for no more than 16 weeks intermittently throug hout the calendar year, accommodating for profit or under phil anthropic or charitable auspices, 5 or more children under 18 years of age, not including overnight programs. The te rm "day camp" does not include a "child day care agency", "child care facility" or "foster family home" as licensed by the Illinois Department of Children and Family Services. (Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.) Section 330. The Domestic Workers' Bil l of Rights Act is amended by changing Section 10 as follows: (820 ILCS 182/10) Sec. 10. Definitions. As used in this Act: "Domestic work" means: (1) housekeeping; (2) house cleaning; (3) home management; (4) nanny services including child care childcare and child monitoring; (5) caregiving, personal care or home health servic es for elderly persons or persons with an illness, injury, o r disability who require assistance in caring for themselve s; (6) launde ring;

(7) cooking; (8) companion services; (9) chauffeuring; or (10) other household services for members of househ olds or their guests in or about a private home or residence or any other location where the domestic work i s performed. "Domestic worker" means a pe rson employed to perform dome stic work. "Domestic worker" does not include: (i) a person performing domestic work who is the employer's par ent, spouse, child, or other member of his or her immediate fa mily, exclusive of individuals whose primary work duties are ca regiving, companion services, personal care or home hea lth services for elderly persons or persons with an illness, injury, or disability who require assistance in caring fo r themselves; (ii) child and day c are home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code; (iii ) a person who is employed by one or more employers in or about a pr ivate home or residence or any other location where the domesti c work is performed for 8 hours or less in the aggregate in any workweek on a regular basis, exclusive of individuals who se primary work duties are caregiving, companion services, p ersonal care or home health services for elderly persons or persons with an illness, injury, or disability who requir e assistance in caring for themselves; or (iv) a person who the employer establishes: (A) has been and will continue to b e free from control and direction over the performance of h is or her work, both under a contract of service and in fact; ( B) is engaged in an independently established trade, occupation , profession or business; or (C) is deemed a legitimate sol e proprietor or partnership. A sole proprietor or partnersh ip shall be deemed to be legitimate if the employer establis hes that: (1) the sole pro prietor or partnership is performin g the service free from the direction or control over the m eans and manner of providing the service, subject only t o the right of the employer for whom the service is provide d to specify the desired result; (2) the sole proprietor or partnership is not subje ct to cancellation or destruction upon severance of the rela tionship with the employer; (3) the sole proprietor or partnership has a substa ntial investment of capital in the sole proprietors hip or partnership beyond ordinary tools and e quipment and a personal vehicle;

(4) the sole proprietor or partnership owns the cap ital goods and gains the profits and bears the losses of the sole proprietorship or partnership; (5) the sole proprietor or partnership makes its se rvices available to the general public on a continuing basis; (6) the sole pr oprietor or partnership includes ser vices rendered on a Federal Income Tax Schedule as an independent business or profession; (7) the sole proprietor or partnership performs ser vices for the contractor under the sole proprietorship 's or partnership's name; (8) when the services being provided require a lice nse or permit, the sole proprietor or partnership obtains and pays for the license or permit in the sole proprietorship 's or partnership's name; (9) the sole proprietor or partnership furnishes th e tools and equipment necessary to provide the service; (10) if necessary, the sole proprietor or partnersh ip hires its own employees without approval of the employer, pays the employees without reimbursement from the employe r and reports the employees' income to the Internal Revenue Service; (11) the empl oyer does not represent the sole propr ietorship or partnership as an employee of the emplo yer to the public; and

(12) the sole proprietor or partnership has the rig ht to perform similar services for others on whatever basis and whenever it chooses. "Employ" inclu des to suffer or permit to work. "Employee" means a domestic worker. "Em ployer" means: any individual; partnership; associatio n; corporation; limited liability company; busi ness trust; employment and labor placement agency where wages are made directly or indirectly by the agency or business for work undertaken by employees under hire to a third party pursu ant to a contract between the business or agency with the thi rd party; the State of Illinois and local governments, or an y political subdivision of the State or local government, o r State or local government agency; for which one or more p ersons is gainfully employed, express or implied, whethe r lawfully or unlawfully employed, who employs a domestic w orker or who exercises control over the domestic worker's wage, remuneration, or other compensation, hours of employment, place of employment, or working conditions, or whose agen t or any other person or group of persons acting directly or i ndirectly in the interest of an employer in relation to the employee exercises control over the domestic worker's wag e, remuneration or other compensation, hours of employment, place of employment, or working conditions.(Sour ce: P.A. 99-758, eff. 1-1-17.) Section 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Ac t by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of tha t text does not accelerate or delay the taking effect of (i ) the changes made by this Act or (ii) provisions derived from any other Public Act. Section 999. Effective date.

This Act takes effect July 1, 2026.